BILL NUMBER: AB 604	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fuller

                        FEBRUARY 25, 2009

   An act to amend Section 52851 of, and to add Section 52857 to, the
Food and Agricultural Code, relating to cotton, and making an
appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 604, as introduced, Fuller. Cotton: San Joaquin Valley Quality
Cotton District.
   Existing law establishes the San Joaquin Valley Quality Cotton
District for the purposes of promoting, encouraging, aiding, and
protecting the planting and growing of cotton in California. Existing
law establishes the San Joaquin Valley Cotton Board, composed as
specified, and establishes that the duties and powers of the board
include, but are not limited to, establishing quality standards,
reviewing test data and approving for release and planting cotton
varieties, as specified, and making recommendations to the Secretary
of Food and Agriculture on all matters pertaining to the district.
Existing law provides funding for the board and enforcement of these
provisions through assessments and requires that all moneys received
pursuant to these provisions, which are deposited in the Food and
Agriculture Fund, be used exclusively for purposes of the district.
   This bill would make these provisions and related regulations
inoperative except for those establishing the board and other
specified provisions. The bill would authorize the board, with the
concurrence of the Secretary of Food and Agriculture, to periodically
determine that provisions made inoperative by this bill become
operative for a specified period of time. The bill would authorize
the board to make refunds or transfers of moneys deposited in the
Food and Agriculture Fund, as specified. Because the bill would
authorize the use of these funds for a new purpose, the bill would
make an appropriation.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 52851 of the Food and Agricultural Code is
amended to read:
   52851.   The   Subject to Section 52857, the
 Legislature hereby declares that the purposes of this chapter
are to promote, encourage, aid, and protect the planting and growing
of cotton in the State of California; that it believes that these
purposes can best be accomplished by restricting within certain areas
the planting and growing of but two types of cotton, which are Acala
and Pima; that, by this means, it is possible to bring the
cotton-growing industry in the state to its highest possible
development and to ensure the growing of the most superior varieties
of cotton; that the planting of pure seed is essential to the
production of more marketable and better grades of cotton and
cottonseeds, and for the production of grades of fiber best suited
for manufacturing purposes; and that the planting of impure seeds or
plants, other than those authorized in these areas, is an economic
harm and loss to the planter thereof and an irreparable injury to the
adjoining or neighboring growers.
  SEC. 2.  Section 52857 is added to the Food and Agricultural Code,
to read:
   52857.  (a) Effective January 1, 2010, all provisions of this
chapter and related regulations, except Sections 52855, 52871, 52942,
and 52945, shall be inoperative except as otherwise provided in this
section.
   (b) The board, with the concurrence of the secretary, may
periodically determine that specific sections of this chapter and
related regulations shall become operative for a specified period of
time.
   (c) Notwithstanding any other provision in this chapter, the
board, with the concurrence of the secretary, may determine whether
funds collected pursuant to this chapter and deposited in the Food
and Agriculture Fund shall be refunded in whole or in part to
eligible persons or transferred to persons or organizations subject
to this chapter. The board, with the concurrence of the secretary, is
authorized to make a refund or transfer pursuant to this
subdivision.