BILL NUMBER: AB 2354	CHAPTERED  09/30/06

	CHAPTER  844
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2006
	PASSED THE ASSEMBLY  AUGUST 24, 2006
	PASSED THE SENATE  AUGUST 22, 2006
	AMENDED IN SENATE  AUGUST 10, 2006
	AMENDED IN SENATE  AUGUST 7, 2006
	AMENDED IN ASSEMBLY  MAY 4, 2006
	AMENDED IN ASSEMBLY  APRIL 18, 2006

INTRODUCED BY   Assembly Members Laird and La Malfa

                        FEBRUARY 23, 2006

   An act to amend Section 63905 of the Food and Agricultural Code,
relating to agricultural and seafood industries.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2354, Laird  Agricultural and seafood industries.
   Existing law authorizes any promotional commission or council to
petition the Secretary of the Department of Food and Agriculture for
the commission or council to adopt and administer any activity
authorized pursuant to the California Marketing Act of 1937.
   This bill would authorize any promotional commission or council to
petition the Secretary of the Department of Food and Agriculture to
administer any activity that the commission or council is authorized
to engage in and that is authorized pursuant to the California
Marketing Act of 1937. This bill would provide that the secretary may
waive referendum after a hearing, as specified.


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


  SECTION 1.  Section 63905 of the Food and Agricultural Code is
amended to read:
   63905.  (a) Any commission or council may petition the secretary
to adopt and administer any activity authorized pursuant to the
California Marketing Act of 1937 (Chapter 1 (commencing with Section
58601) of Part 2 of Division 21) relating to the commodity that is
covered by any commission or council. Adoption and administration of
the activity by any commission or council shall be in accordance with
the act.
   (b) Any commission or council may petition the secretary to
administer any activity that the commission or council is authorized
to engage in, and that is authorized pursuant to the California
Marketing Act of 1937 (Chapter 1 (commencing with Section 58601) of
Part 2 of Division 21), relating to the commodity that is covered by
any commission or council. If the secretary accepts the petition, the
commission or council shall reimburse the secretary for his or her
actual cost for administering the activity. The secretary may waive
referendum under the act if, following a hearing, the secretary
determines that there is no substantial question of opposition to
doing so among affected assessment payers. Administration of the
activity by the secretary shall be in accordance with the act.
   (c) As determined by the secretary, the governing body of the
commission or council may serve as the advisory board with respect to
any activity recommended and approved pursuant to this section.
   (d) As used in this section, "substantial question of opposition"
means opposition to the substance of the petition among currently
affected assessment payers, and is not intended to mean a particular
number of assessment payers.