BILL NUMBER: AB 1255 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 27, 2009
PASSED THE ASSEMBLY AUGUST 31, 2009
AMENDED IN SENATE JULY 14, 2009
INTRODUCED BY Assembly Member Tom Berryhill
FEBRUARY 27, 2009
An act to amend Sections 52323, 52324, and 52325 of the Food and
Agricultural Code, relating to agriculture, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1255, Tom Berryhill. Agricultural seed: county seed enforcement
subventions.
Existing law, the California Seed Law, provides that the Secretary
of Food and Agriculture may pay counties, from moneys received by
the secretary, as specified, an annual subvention for costs incurred
in the enforcement of provisions of law relating to seed
identification and quality. Existing law provides, pursuant to those
provisions, that the subvention to counties be annually apportioned,
as provided, according to whether the county has registered seed
labelers. Existing law provides that agricultural commissioners of
counties that choose to participate in the subvention program shall
maintain a statewide compliance level on all seed within the county.
Existing law provides that the secretary may withhold a portion of
the funds designated to a county if that county fails to meet
specified performance standards. Existing law provides that these
provisions are operative until specified dates, but are all repealed
on January 1, 2010.
This bill would extend the operation of these provisions, as
specified, and would repeal them on January 1, 2015.
Under existing law, the fees collected pursuant to the California
Seed Law are continuously appropriated to the Department of Food and
Agriculture to carry out these provisions.
By extending the operation of these subvention provisions, this
bill would make an appropriation.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 52323 of the Food and Agricultural Code is
amended to read:
52323. The department's cost of carrying out this chapter shall
be funded from money that is received by the secretary pursuant to
this chapter. The secretary shall also pay annually, in arrears, one
hundred twenty thousand dollars ($120,000), to counties as an annual
subvention for costs incurred in the enforcement of this chapter. The
department's costs of administering this chapter shall be paid
before allocating funds to the counties under this section.
This section shall become inoperative on July 1, 2014, and as of
January 1, 2015, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2015, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 2. Section 52324 of the Food and Agricultural Code is amended
to read:
52324. The subvention program under Section 52323 is an optional
program available to counties. The subvention to counties under
Section 52323 shall be annually apportioned as follows:
(a) At the discretion of the secretary and upon recommendation of
the Seed Advisory Board, counties with no registered seed labelers
may annually receive one hundred dollars ($100).
(b) Counties with registered seed labeler operations shall receive
subventions based upon units of enforcement activity generated by
the registered seed labeler operations within the county and upon the
performance of enforcement activities necessary to carry out this
chapter. The units of activity shall be determined by the secretary,
taking into consideration the number of lots and kinds of seed
labeled by each registered seed labeler operation within the county.
The rate per unit of activity shall be established by dividing the
total statewide units of activity into the annual funds available to
the counties under Section 52323 after deducting the amount required
for subventions in subdivision (a). Apportionment to individual
counties shall be based upon the county's total units of activity
performed times the established rate.
This section shall remain in effect only until January 1, 2015,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2015, deletes or extends that date.
SEC. 3. Section 52325 of the Food and Agricultural Code is amended
to read:
52325. (a) Commissioners of counties that choose to participate
in the subvention program shall enter into a cooperative agreement
with the secretary, whereby the commissioner agrees to maintain a
statewide compliance level, determined by the secretary, on all seed
within the county. The cooperative agreement shall be in effect for a
five-year period. The units of activity and apportionment calculated
under subdivision (b) of Section 52324 to each individual
participating county shall be established annually in a memorandum of
understanding between the commissioner and the secretary.
(b) The secretary, upon recommendation of the board or upon the
secretary's own initiative, may withhold a portion of the funds
designated to a county pursuant to subdivision (b) of Section 52324
if that county fails to meet the performance standards established by
the secretary and set forth in the cooperative agreement with that
county.
(c) The secretary shall provide a written justification to the
board for any action taken by the secretary that does not fully
implement a recommendation made by the board pursuant to subdivision
(b).
(d) This section shall become inoperative on July 1, 2014, and as
of January 1, 2015, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.