California Legislature—2015–16 Regular Session

Assembly Bill No. 1444

Introduced by Assembly Member Eduardo Garcia

February 27, 2015

An act to amend Sections 6300, 6302, 6304, and 6305 of, and to repeal Sections 6301 and 6303 of, the Government Code, relating to state government.

LEGISLATIVE COUNSEL’S DIGEST

AB 1444, as introduced, Eduardo Garcia. Foreign-trade zones.

Existing law authorizes any public corporation, as defined, and specified private corporations to apply for the privilege of establishing, operating, and maintaining a foreign-trade zone in accordance with federal law, and provides that any public or private corporation whose application is granted pursuant to federal law is authorized to establish, operate, and maintain a foreign-trade zone, subject to specified conditions.

This bill would reorganize these provisions and, to the extent permitted by federal law, would authorize any tribal government, as defined, to make application for the privilege of establishing, operating, and maintaining a foreign-trade zone, as specified.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 6300 of the Government Code is amended
to read:

6300.  

begin delete As used in this chapter, “public end delete begin insert The following definitions
govern this chapter: end insert

begin insert

(a) “Act of Congress” means the act of Congress approved
June 18, 1934, entitled “An act to provide for the establishment,
operation, and maintenance of foreign-trade zones in ports of entry
of the United States, to expedite and encourage foreign commerce,
and for other purposes” (48 U.S. Stats. at L. Ch. 590).

end insert

begin insert (b) end insert begin insert   end insert begin insert “Public end insert corporation” means the State, any political
subdivision thereof, any incorporated municipality therein, any
public agency of the State, of any political subdivision thereof, or
of any municipality therein, or any corporate municipal
instrumentality of this State or of this State and one or more other
States.

begin insert

(c) “Tribal government” means any Indian tribe, band, nation,
or other organized group or community, which is recognized by
the United States government.

end insert

SEC. 2.  

Section 6301 of the Government Code is repealed.

begin delete

6301.  

As used in this chapter, “act of Congress” means the act
of Congress approved June 18, 1934, entitled “An act to provide
for the establishment, operation, and maintenance of foreign-trade
zones in ports of entry of the United States, to expedite and
encourage foreign commerce, and for other purposes” (48 U. S.
Stats. at L. Ch. 590.).

end delete

SEC. 3.  

Section 6302 of the Government Code is amended to
read:

6302.  

begin delete Any end delete begin insert (a) end insert begin insert   end insert begin insert Any end insert public corporation may make application
for the privilege of establishing, begin delete operating end delete begin insert operating, end insert and
maintaining a foreign-trade zone in accordance with the act of
Congress.

begin insert

(b) To the extent permitted by federal law, any tribal government
may make application for the privilege of establishing, operating,
and maintaining a foreign-trade zone in accordance with the act
of Congress.

end insert begin insert

(c) Any private corporation organized under the laws of the
state subsequent to September 15, 1935, for the purpose of
establishing, operating, and maintaining a foreign-trade zone in
accordance with the act of Congress may make an application for
the privilege of establishing, operating, and maintaining a
foreign-trade zone in accordance with the act of Congress.

end insert

SEC. 4.  

Section 6303 of the Government Code is repealed.

begin delete

6303.  

Any private corporation organized under the laws of the
State subsequent to September 15, 1935, for the purpose of
establishing, operating and maintaining a foreign-trade zone in
accordance with the act of Congress may make application for the
privilege of establishing, operating and maintaining a foreign-trade
zone in accordance with the act of Congress.

end delete

SEC. 5.  

Section 6304 of the Government Code is amended to
read:

6304.  

Any public or private corporation begin insert or tribal government end insert
authorized by this chapter to make begin delete such end delete begin insert an end insert application and whose
application is granted pursuant to the terms of the act of Congress
may establish, operate, and maintain the foreign-trade zone:

(a) Subject to the conditions and restrictions of the act of
Congress, and any amendments thereto.

(b) Under such rules and regulations and for the period of time
that may be prescribed by the board established by the act of
Congress to carry out the provisions of the act.

SEC. 6.  

Section 6305 of the Government Code is amended to
read:

6305.  

If authorized to establish, operate and maintain a foreign
trade zone, a public corporation begin insert or tribal government end insert may, in
addition to its other powers:

(a) Provide for such indemnity or assurance to the United States
or its agencies as they may request.

(b) Deposit such sums of money with the United States as the
United States or its agencies may request, providing such money
is available therefor by direct appropriation or otherwise.