BILL NUMBER: AB 1459 CHAPTERED 07/22/99 CHAPTER 143 FILED WITH SECRETARY OF STATE JULY 22, 1999 APPROVED BY GOVERNOR JULY 21, 1999 PASSED THE SENATE JULY 15, 1999 PASSED THE ASSEMBLY MAY 20, 1999 AMENDED IN ASSEMBLY APRIL 19, 1999 AMENDED IN ASSEMBLY APRIL 14, 1999 INTRODUCED BY Assembly Member Wiggins FEBRUARY 26, 1999 An act to amend Section 55861 of the Food and Agricultural Code, relating to agriculture. LEGISLATIVE COUNSEL'S DIGEST AB 1459, Wiggins. Agricultural products: processors licensing: fees. Under existing law, pertaining to the processing of farm products, processors and cash buying processors, as those terms are defined, are required to be licensed and to pay to the Department of Food and Agriculture an annual license application fee in accordance with a specified schedule determined by the annual dollar volume of business based on farm product volumes. The department is required to reevaluate that fee structure in fiscal years 1998-99 and 1999-2000 and to submit a report to the Legislature within 60 days subsequent to June 30, 2000, which shall include, but not be limited to, a summary of the fees paid and services utilized by the various commodity groups covered. This bill, instead, would require the report to include, but not be limited to, a summary of the fees paid by commodity and dollar volume, an analysis of whether the fee structure is appropriate to overall program revenues, and the volume of services utilized by the major commodity groups covered. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 55861 of the Food and Agricultural Code is amended to read: 55861. (a) Except as otherwise provided in this article or in Section 56574, each applicant for a license shall pay to the department a fee in accordance with the schedule in subdivision (b), except that an agent shall pay thirty-five dollars ($35) for each license period of the principal. (b) The amount of the fee due each year from the applicant shall be determined by the annual dollar volume of business based on the value of the farm products that is returned to the grower, as follows: (1) For a dollar volume of less than twenty thousand dollars ($20,000), the fee shall be one hundred dollars ($100). (2) For a dollar volume of twenty thousand dollars ($20,000) and over, but less than fifty thousand dollars ($50,000), the fee shall be four hundred dollars ($400). Effective January 1, 1999, for a dollar volume of twenty thousand dollars ($20,000) and over, but less than fifty thousand dollars ($50,000), the fee shall be three hundred dollars ($300). Effective January 1, 2000, for a dollar volume of twenty thousand dollars ($20,000) and over, but less than fifty thousand dollars ($50,000), the fee shall be two hundred dollars ($200). (3) For a dollar volume of fifty thousand dollars ($50,000) and over, but less than two million dollars ($2,000,000), the fee shall be five hundred dollars ($500). Effective January 1, 1999, for a dollar volume of fifty thousand dollars ($50,000) and over, but less than two million dollars ($2,000,000), the fee shall be four hundred dollars ($400). Effective January 1, 2000, for a dollar volume of fifty thousand dollars ($50,000) and over, but less than two million dollars ($2,000,000), the fee shall be three hundred dollars ($300). (4) For a dollar volume of two million dollars ($2,000,000) and over, the fee shall be six hundred dollars ($600). Effective January 1, 1999, for a dollar volume of two million dollars ($2,000,000) and over, the fee shall be five hundred dollars ($500). Effective January 1, 2000, for a dollar volume of two million dollars ($2,000,000) and over, the fee shall be four hundred dollars ($400). (c) The department shall reevaluate the fee structure based on operating costs in fiscal years 1998-99 and 1999-2000 and, notwithstanding Section 7550.5 of the Government Code, shall report on the fee structure to the Legislature within 60 days subsequent to June 30, 2000. The report shall include, but shall not be limited to, a summary of the fees paid by commodity and dollar volume, an analysis of whether the fee structure is appropriate to overall program revenues, and the volume of services utilized by the major commodity groups covered under this chapter. The fees shall adequately cover the costs to fully administer and operate the program in an effective and efficient manner.