Amended in Senate May 26, 2015

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, begin delete 6304, and 6305 end delete begin insert and 6304 end insert of, and to repeal Sections begin delete 6301 and 6303 end delete begin insert 6301, 6303, and 6305 end insert of, the Government Code, relating to state government.

LEGISLATIVE COUNSEL’S DIGEST

AB 1444, as amended, 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. begin insert Existing law also authorizes a public corporation, if authorized to establish, operate, and maintain a foreign trade zone, to provide the United States with indemnity or assurance and to deposit sums of money with the United States as end insert begin insert requested. end insert

begin delete

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.

end delete begin insert

This bill would combine and reorganize these provisions and would repeal that indemnity and assurance provision.

end insert

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.  

The following definitions govern this chapter:

(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).

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

begin delete

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

end delete

SEC. 2.  

Section 6301 of the Government Code is repealed.

SEC. 3.  

Section 6302 of the Government Code is amended to
read:

6302.  

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

begin delete

(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 delete begin delete

(c)

end delete

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

SEC. 4.  

Section 6303 of the Government Code is repealed.

SEC. 5.  

Section 6304 of the Government Code is amended to
read:

6304.  

Any public or private corporation begin delete or tribal government end delete
authorized by this chapter to make an 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 begin delete provisions of the end delete act.

begin delete

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 or tribal government 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.

end delete

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 6305 of the end insert begin insert Government Code end insert begin insert is repealed. end insert

begin delete

6305.  

If authorized to establish, operate and maintain a foreign
trade zone, a public corporation 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.

end delete