California 2009-2010 Regular Session Status: Enacted

AB 1795 — Agriculture: California Citrus Advisory Committee: California Apple Commission: California Salmon Council: California Blueberry Commission.

Last action — Chaptered by Secretary of State - Chapter 365, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 10, 2010. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law provides that there is in the Department of Food and Agriculture the California Citrus Advisory Committee, comprised as specified. The committee is required to develop and make recommendations to the Secretary of Food and Agriculture on all matters regarding the implementation of certain provisions of law relating to citrus fruit crops, including certain specified matters. Existing law requires producers of navel oranges, Valencia oranges, lemons, or mandarin citrus varieties grown in this state and prepared for fresh market in certain counties of the state to pay an assessment, as provided, based on the number of cartons shipped. The assessment is for the purpose of conducting an inspection program in certain counties in the state and funding a crop survey program. This bill would require the committee to annually recommend to the secretary the assessment rate and would instead provide that the assessment be based on the number of 40-pound carton equivalents produced. The bill would also define "carton" to mean a unit equivalent to 40 pounds of citrus fruit. Existing law authorizes the committee to recommend to the secretary that no assessment, as described above, be collected from these growers of navel oranges, Valencia oranges, lemons, or mandarin citrus varieties if no inspection program or crop survey exists for that particular orange or citrus variety. This bill would also authorize the committee to recommend to the secretary an assessment less than the amount specified in existing law. This bill would provide that the adoption, amendment, or repeal of assessment rates shall not be subject to certain rulemaking provisions. The bill would authorize the secretary to issue an order to adopt, amend, or repeal the regulations concerning assessment rates. This order, which the bill would require to contain specified information and to be transmitted within 30 days by the secretary to the Office of Administrative Law, would be required to be filed promptly with the Secretary of State by the Office of Administrative Law without further review. Existing law requires the assessment to be collected from the producer by the first handler, as defined, and remitted to the department by that handler, along with an assessment form, at the end of each month during the marketing season. Under existing law, it is unlawful, upon the establishment of an inspection program, for any handler to refuse to collect the assessments or remit the assessments and the proper forms. This bill would prohibit a handler from charging a producer an administrative fee for collecting or remitting an assessment. The bill would authorize a producer who disputes the assessment amount to file a claim with the secretary and would provide that a producer may not bring a claim against a handler for damages, or otherwise, in connection with the assessment or the required deduction by the handler of the moneys owed to the producer. By imposing new requirements on handlers and producers, the violation of which would be a crime, the bill would create new crimes and would thereby impose a state-mandated local program. (2) Existing law establishes in state government the California Apple Commission, which consists of 12 apple producer and handler members and one public member. Existing law specifies that the term of office of each member of the commission, except ex officio members, is 4 years, and limits the number of terms of office of each member to 4 consecutive terms. This bill would delete the limitation on the number of terms of office. (3) Existing law establishes in state government the California Salmon Council and provides that the council may, subject to the approval of the Secretary of Food and Agriculture, exercise specified powers which may be delegated to the council by the secretary, including, among others, the power to make contracts and other agreements to promote the sale of salmon and salmon products on either a local, state, national, or international basis. This bill would also authorize the council to present facts to, and negotiate with, state, federal, and foreign agencies on matters that affect the provisions relating to the council. (4) Existing law establishes in state government the California Blueberry Commission and requires the commission, by March 1 of each year, or as soon thereafter as possible, to establish an annual assessment to be paid by producers and handlers of blueberries for the marketing season, which is defined to mean the period beginning March 1 of any year, and extending through the last day of February of the following year. This bill would instead require the commission to establish the assessment by March 1, 2010, or as soon thereafter as possible, and, thereafter, by October 1 of each year, or as soon thereafter as possible. The bill would revise the definition of "marketing season" to mean the period beginning March 1, 2010, to September 30, 2011, and, thereafter, beginning October 1 of any year and extending through September 30 of the following year. Existing law requires the Secretary of Food and Agriculture to hold a public hearing 5 years after implementation of the provisions establishing the commission to determine whether the commission should be continued, and every 5 years thereafter between March 1 and February 28. This bill would change the dates between which this public hearing must be conducted and this determination made every 5 years to October 1 and September 30. (5) This bill would also make various technical and clarifying changes. (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 365, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 2:50 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 76. Noes 1. Page 6167.)

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 11 pursuant to Assembly Rule 77.

  6. Read third time, passed, and to Assembly. (Ayes 34. Noes 0. Page 4411.)

  7. Ordered to Special Consent Calendar.

  8. Read second time and amended. Ordered to third reading.

  9. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.

  10. In committee: Hearing postponed by committee.

  11. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 0.) (June 15).

  12. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on F. & A.

  13. Referred to Com. on F. & A.

  14. In Senate. Read first time. To Com. on RLS. for assignment.

  15. Read third time, passed, and to Senate. (Ayes 74. Noes 0. Page 4821.)

  16. Read second time. To Consent Calendar.

  17. From committee: Do pass. To Consent Calendar. (April 14).

  18. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 8. Noes 0.) (March 24).

  19. Referred to Com. on AGRI.

  20. From printer. May be heard in committee March 13.

  21. Read first time. To print.

Sponsors

  • Committee on Agriculture · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Committee on Agriculture

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1795 AGRI. Concurrence in Senate Amendments By GALGIANI

Passed 88 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 82102
Republican 3000
Total 88102
% of votes cast 97%1%0%2%
How each member voted (91)
Member Party Vote
Bill — Yea
Tom — Yea
Adams — Yea
Ammiano — Yea
Anderson — Yea
Bass — Yea
Charles — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Gilmore — Yea
Yamada — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Carter — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Lieu — Yea
Logue — Not Voting
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Norby — Nay
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Beall — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Not Voting
Ma — Yea
Monning — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Tran — Yea
Chesbro — Yea
Eng — Yea
Evans — Yea
Davis — Yea
DeVore — Yea
Fuller — Yea
Garrick — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Special Consent #30 AB1795 Committee on AGRI. (Galgiani)

Passed 35 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33003
Republican 1000
Democratic 1001
Total 35004
% of votes cast 90%0%0%10%
How each member voted (39)
Member Party Vote
Yee — Yea
Hancock — Yea
Cogdill — Yea
Corbett — Yea
Alquist — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Harman — Yea
Hollingsworth — Yea
Kehoe — Yea
Correa — Yea
DeSaulnier — Yea
Ducheny — Yea
Dutton — Yea
Liu — Yea
McLeod — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Yea
Ashburn — Yea
Huff — Yea
Leno — Yea
Oropeza — Not Voting
Price — Yea
Wiggins — Not Voting
Cedillo — Yea
Emmerson — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 1795 AGRI. Consent Calendar Second Day Regular Session

Passed 86 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 81004
Democratic 2001
Republican 3000
Total 86005
% of votes cast 95%0%0%5%
How each member voted (91)
Member Party Vote
Hagman — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Evans — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Charles — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Anderson — Yea
Bass — Yea
Blakeslee — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Yamada — Yea
Huffman — Not Voting
Nielsen — Yea
Norby — Not Voting
Silva — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Not Voting
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Not Voting
Jeffries — Yea
Knight — Yea
Ma — Yea
Monning — Yea
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Emmerson — Yea
Feuer — Yea
Davis — Yea
DeVore — Yea
Furutani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 17 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 16002
Democratic 1000
Total 17002
% of votes cast 89%0%0%11%
How each member voted (19)
Member Party Vote
Hall — Yea
Charles — Yea
De — Yea
Leon — Yea
Conway — Yea
Harkey — Yea
Norby — Not Voting
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torrico — Yea
Coto — Yea
Ammiano — Yea
Bradford — Yea
Miller — Yea
Nielsen — Yea
Davis — Not Voting
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

agriculture
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Frequently asked questions

What does AB 1795 do?
(1) Existing law provides that there is in the Department of Food and Agriculture the California Citrus Advisory Committee, comprised as specified. The committee is required to develop and make recommendations to the Secretary of Food and Agriculture on all matters regarding the implementation of certain provisions of law relating to citrus fruit crops, including certain specified matters. Existing law requires producers of navel oranges, Valencia oranges, lemons, or mandarin citrus varieties grown in this state and prepared for fresh market in certain counties of the state to pay an assessment, as provided, based on the number of cartons shipped. The assessment is for the purpose of conducting an inspection program in certain counties in the state and funding a crop survey program. This bill would require the committee to annually recommend to the secretary the assessment rate and would instead provide that the assessment be based on the number of 40-pound carton equivalents produced. The bill would also define "carton" to mean a unit equivalent to 40 pounds of citrus fruit. Existing law authorizes the committee to recommend to the secretary that no assessment, as described above, be collected from these growers of navel oranges, Valencia oranges, lemons, or mandarin citrus varieties if no inspection program or crop survey exists for that particular orange or citrus variety. This bill would also authorize the committee to recommend to the secretary an assessment less than the amount specified in existing law. This bill would provide that the adoption, amendment, or repeal of assessment rates shall not be subject to certain rulemaking provisions. The bill would authorize the secretary to issue an order to adopt, amend, or repeal the regulations concerning assessment rates. This order, which the bill would require to contain specified information and to be transmitted within 30 days by the secretary to the Office of Administrative Law, would be required to be filed promptly with the Secretary of State by the Office of Administrative Law without further review. Existing law requires the assessment to be collected from the producer by the first handler, as defined, and remitted to the department by that handler, along with an assessment form, at the end of each month during the marketing season. Under existing law, it is unlawful, upon the establishment of an inspection program, for any handler to refuse to collect the assessments or remit the assessments and the proper forms. This bill would prohibit a handler from charging a producer an administrative fee for collecting or remitting an assessment. The bill would authorize a producer who disputes the assessment amount to file a claim with the secretary and would provide that a producer may not bring a claim against a handler for damages, or otherwise, in connection with the assessment or the required deduction by the handler of the moneys owed to the producer. By imposing new requirements on handlers and producers, the violation of which would be a crime, the bill would create new crimes and would thereby impose a state-mandated local program. (2) Existing law establishes in state government the California Apple Commission, which consists of 12 apple producer and handler members and one public member. Existing law specifies that the term of office of each member of the commission, except ex officio members, is 4 years, and limits the number of terms of office of each member to 4 consecutive terms. This bill would delete the limitation on the number of terms of office. (3) Existing law establishes in state government the California Salmon Council and provides that the council may, subject to the approval of the Secretary of Food and Agriculture, exercise specified powers which may be delegated to the council by the secretary, including, among others, the power to make contracts and other agreements to promote the sale of salmon and salmon products on either a local, state, national, or international basis. This bill would also authorize the council to present facts to, and negotiate with, state, federal, and foreign agencies on matters that affect the provisions relating to the council. (4) Existing law establishes in state government the California Blueberry Commission and requires the commission, by March 1 of each year, or as soon thereafter as possible, to establish an annual assessment to be paid by producers and handlers of blueberries for the marketing season, which is defined to mean the period beginning March 1 of any year, and extending through the last day of February of the following year. This bill would instead require the commission to establish the assessment by March 1, 2010, or as soon thereafter as possible, and, thereafter, by October 1 of each year, or as soon thereafter as possible. The bill would revise the definition of "marketing season" to mean the period beginning March 1, 2010, to September 30, 2011, and, thereafter, beginning October 1 of any year and extending through September 30 of the following year. Existing law requires the Secretary of Food and Agriculture to hold a public hearing 5 years after implementation of the provisions establishing the commission to determine whether the commission should be continued, and every 5 years thereafter between March 1 and February 28. This bill would change the dates between which this public hearing must be conducted and this determination made every 5 years to October 1 and September 30. (5) This bill would also make various technical and clarifying changes. (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 1795?
AB 1795 is sponsored by Committee on Agriculture.
What is the current status of AB 1795?
This bill has been enacted into law. Introduced February 10, 2010. Enacted.
Where can I track AB 1795?
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