BILL NUMBER: AB 2686	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Tom Berryhill

                        FEBRUARY 19, 2010

   An act to amend Section 306 of the Food and Agricultural Code,
relating to the Department of Food and Agriculture, and making an
appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2686, as introduced, Tom Berryhill. Department of Food and
Agriculture: refunds.
   Existing law provides that the Secretary of Food and Agriculture
may authorize the refund of any money that is received by the
Department of Food and Agriculture in the payment of any fee,
assessment, or tax. Existing law also provides that if the secretary
finds that the amount of any refund is less than $10, as specified,
the secretary may retain the amount for use for the same purpose for
which the original payment was made, unless demand for the payment of
a refund is made within 6 months after the determination that a
refund is due, in which case, the refund shall be paid.
   This bill would provide that the secretary may retain the refund
for use for the same purpose for which the original payment was made,
as specified, if he or she finds that the amount of the refund is
less than $25. Because some of the retained refunds would be
deposited into continuously appropriated special funds, this bill
would make an appropriation. The bill would also make other technical
and clarifying changes.
   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 306 of the Food and Agricultural Code is
amended to read:
   306.  If the  director   secretary 
finds that the amount of any refund is less than  ten dollars
($10) or an amount established pursuant to Section 16302.1 of the
Government Code   twenty-five dollars ($25)  , the
 director   secretary  may retain the
amount for use for the same purpose for which the original payment
was made, unless demand for the payment of a refund is made within
six months after the determination that a refund is due. If a demand
is made, the refund shall be paid.