BILL NUMBER: AB 1912	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Evans

                        FEBRUARY 16, 2010

    An act relating to bees.   An act to add
Chapter 28 (commencing with Section 79601) to Part 2 of Division 22
of the Food and Agricultural Code, relating to bees, and making an
appropriation therefor. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1912, as amended, Evans. California Apiary Research Commission.

   (1) Existing law establishes various commissions to, among other
things, promote agricultural products from the state and to conduct
research and consumer education relating to those products. 

   This bill would create the California Apiary Research Commission
in state government with a prescribed membership, and would specify
the powers, duties, and responsibilities of the commission. The
commission would be authorized to conduct research and education
programs relating to honeybees and the beekeeping industry. The bill
would authorize the commission to levy an assessment, as provided, on
bee producers, as defined, and would authorize the expenditure of
those funds for purposes of implementing and administering the bill's
provisions, thereby making an appropriation.  
   The bill, except as necessary to conduct an election, would not
become operative until the producers, by referendum, vote in favor of
the bill's provisions, as prescribed. The bill would make willfully
rendering or furnishing a false report, statement, or record, or
affecting the shipment of pollination units, bees, honey, or hive
products to avoid payment of assessments, a misdemeanor, thereby
imposing a state-mandated local program by creating a new crime. The
bill would authorize the commission to bring certain civil actions
and other remedies to enforce the bill's provisions and regulations
adopted pursuant to these provisions. The bill would also provide for
the continuation and suspension of the operation of its provisions
and for concluding the operations of the commission.  
   (2) Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.  
   This bill would make legislative findings to that effect. 

   (3)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.  
   Existing law generally regulates bee management and honey
production. Existing law provides that there is in the Department of
Food and Agriculture the Apiary Board, consisting of 5 members
appointed by the Secretary of Food and Agriculture, to advise the
secretary on all matters related to the beekeeping industry and make
recommendations on all matters affecting the activities of the
department in relation to the beekeeping, industry including an
annual review of the department's apiary program.  
   This bill would declare the Legislature's intent to later amend
the bill to establish within state government the California Apiary
Research Commission to promote research and education regarding
California's bee industry. 
   Vote: majority. Appropriation:  no   yes
 . Fiscal committee:  no   yes  .
State-mandated local program:  no   yes  .


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

   SECTION 1.    Chapter 28 (commencing with Section
79601) is added to Part 2 of Division 22 of the   Food and
Agricultural Code   , to read:  
      CHAPTER 28.  CALIFORNIA APIARY RESEARCH COMMISSION



      Article 1.  Declaration and General Provisions


   79601.  The California beekeeping industry provides critical
pollination services to growers of over 90 California agricultural
crops that constitute one-third of our daily diet and 37.5 percent of
California's total agricultural production. Additionally, California
beekeepers rank in the top four states annually in honey production.
The industry provides substantial and necessary revenues for the
state and for its citizens.
   79602.  The establishment of the commission is necessary for the
efficient creation and management of a research program to protect
the health of honeybees, an integrated approach to manage pests and
diseases common to honeybees, and to develop more efficient colony
management practices. The commission is also necessary to ensure the
existence of the segment of the industry that provides one-half of
the queen bees, bulk bees, and starter colonies to other beekeepers
throughout the United States and Canada. The commission is also
necessary for the efficient development and management of state and
national education programs that, combined with research, will
enhance the competitiveness of the California beekeeping industry
worldwide.
   79603.  The provision of pollination services, production of
honey, bees, queen bees, and other hive products in this state is
hereby declared to be affected with a public interest. This chapter
is enacted in the exercise of the police power of this state for the
purpose of protecting the health, peace, safety, and general welfare
of the people of this state.
   79604.  The commission form of administration created by this
chapter is designed to provide those engaged in beekeeping the
opportunity to avail themselves of the benefits of collective action
in the broad field of apiary research necessary to achieve the
purposes stated in this chapter.
   79605.  No action taken by the commission or by any individual
commission member, that is in accordance with this chapter or with
regulations adopted under this chapter, is a violation of the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2
of Division 7 of the Business and Professions Code), the Unfair
Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of
Division 7 of the Business and Professions Code), or any statutory
or common law against monopolies or combinations in restraint of
trade.
   79606.  This chapter shall be liberally construed. If any
provision of this chapter or the application thereof to any person or
circumstances is held to be invalid, the invalidity shall not affect
other provisions or applications of the chapter which can be given
effect without the invalid provision or application, and to this end
the provisions of this chapter are severable.

      Article 2.  Definitions


   79611.  Unless the context otherwise requires, the definitions in
this article govern the construction of this chapter.
   79612.  "Apiary" means the physical location where beekeepers
place one or more colonies of honeybees. As an adjective, "apiary"
means pertaining to any aspect of beekeeping or the beekeeping
industry.
   79613.  "Beekeeper" means a person who keeps bees.
   79614.  "Bees" means honey-producing insects of the genus Apis. It
includes all life stages of these insects. For purposes of this
chapter, bees and honeybees are interchangeable terms.
   79615.  "Books and records" means books, records, contracts,
documents, memoranda, papers, correspondence, or other written data
pertaining to matters relating to the activities subject to this
chapter.
   79616.  "Colony" means the queen, the adult worker and drone bees,
and the brood (eggs, larvae, and pupae) living together in a single
society.
   79617.  "Commission" means the California Apiary Research
Commission.
   79618.  "Department" means the Department of Food and Agriculture.

   79619.  "Districts" consist of the following:
   (a) District 1 consists of the California Counties of Marin,
Sonoma, Napa, Solano, Sacramento, El Dorado, and all counties north
of these counties.
   (b) District 2 consists of the California Counties of San Luis
Obispo, Kern, Inyo, and all counties north of these counties up to
the southern boundary of District 1.
   (c) District 3 consists of the California counties south of
District 2.
   (d) District 4 consists of all areas not in California.
   79620.  "Ex officio members" are nonvoting members of the
commission.
   79621.  "Hive" means the structure containing a honeybee colony.
   79622.  "Hive products" means materials collected or generated by
honeybees, other than bees and honey, including, but not limited to,
beeswax, pollen, royal jelly, venom, and propolis.
   79623.  "Fiscal year" means the period beginning January 1 of any
year and extending through the last day of December of that same
year.
   79624.  "Out-of-state beekeeper" means a producer whose principal
residence is in an area outside of California.
   79625.  "Pest" means American foulbrood or any other disease,
parasite, virus or fungus, predator, or hereditary disorder that is
detrimental to honeybees.
   79626.  "Pollination unit" means a colony of adequate strength to
meet the criteria delineated in a pollination contract for use in
commercial crop pollination.
   79627.  "Principal residence" means where the producer pays his or
her state and local income tax.
   79628.  "Producer" means any beekeeper who owns or operates, or
owns and operates, more than 50 colonies in California, with the
intent to earn income.
   79629.  "Secretary" means the Secretary of Food and Agriculture.

      Article 3.  The California Apiary Research Commission


   79631.  (a) There is in the state government the California Apiary
Research Commission. The commission shall be composed of six
assessment-paying producers and one public member. Each district
shall have at least one producer member whose principal residence is
in that district. The public member shall be appointed to the
commission by the secretary based on the recommendation from the
commission.
   (b) The secretary and other appropriate persons, as determined by
the commission, shall be ex officio members of the commission.
   79632.  (a) The secretary may require the commission to correct or
cease any existing activity or function that is determined by the
secretary to be in violation of this chapter or not to be in the
public interest.
   (b) If the commission refuses or fails to cease those activities
or functions or to make corrections as required by the secretary, the
secretary may, upon written notice, suspend all or a portion of the
activities or functions of the commission until such time as the
cessation or correction of activities or functions as required by the
secretary has been accomplished by the commission.
   (c) Actions of the commission in violation of the secretary's
written notice shall be without legal force or effect. The secretary,
to the extent feasible, shall issue the written notice prior to the
commission entering into any contractual relationship affecting the
existing or proposed activities or functions that are the subject of
the written notice.
   (d) Upon service of the written notice, the secretary shall notify
the commission in writing of the specific acts that he or she
determines are not in the public interest or are in violation of this
chapter, and his or her reasons for requiring a cessation or
correction of specific existing or proposed activities or functions,
and may make recommendations that will make those activities or
functions acceptable to him or her.
   79633.  The commission or the secretary may bring an action for
judicial relief from the secretary's written notice, or from
noncompliance by the commission with the written notice, in a court
of competent jurisdiction, which may issue a temporary restraining
order, permanent injunction, or other applicable relief.
   79634.  The commission shall reimburse the secretary for all
expenditures incurred by the secretary in carrying out his or her
duties and responsibilities under this chapter. However, a court may,
if it finds that the secretary acted arbitrarily or capriciously in
restricting the activities or functions of the commission, relieve
the commission of the responsibility for payment of the secretary's
legal costs with regard to that action.
   79635.  The public member and each district of the commission
shall have an alternate member appointed or elected in the same
manner as the members. An alternate member, in the absence of a
member from the district for which he or she is an alternate, shall
serve in place of the member on the commission. An alternate member
may also serve in place of any other absent member of the same
classification, if the member's alternate is also absent. However, an
alternate may not serve in place of more than one absent member at a
meeting. An alternate member serving in place of a member from the
same district shall have and be able to exercise all rights,
privileges, and powers of the member when serving on the commission.
In the event of death, removal, resignation, or the disqualification
of a member, the alternate for that district, or another alternate of
the same classification if the alternate for the district is absent,
shall act as a member on the commission until a qualified successor
is elected.
   79636.  Any vacancy on the commission, including, but not limited
to, the failure of any person elected to the commission as a member
or alternate member to continue in his or her position due to a
change in status making him or her ineligible to serve, or due to
death, removal, or resignation, shall be filled by the appointment of
another person, for the unexpired portion of the term, by a majority
vote of the commission. However, the appointee shall fulfill all the
qualifications set forth in this article as required for the office
he or she is to occupy.
   79637.  A producer member, or his or her alternate, shall be an
assessment-paying beekeeper who has a financial interest in
producing, or causing to be produced, pollination units, bees, honey,
or hive products for market. The producer member or his or her
alternate shall be so qualified during the entire term of office.
   79638.  The public member, or his or her alternate, shall have all
the powers, rights, and privileges of any other member on the
commission. The public member shall not have any financial interest
in the beekeeping industry.
   79639.  The term of office of all members and alternates, except
any ex officio member, shall be three years from the date of their
election, but they may serve until their successors are elected.
   79640.  The commission may sue and be sued and enter into
contracts. Copies of its proceedings, records, and acts, when
authenticated, shall be admissible in evidence in all courts of the
state, and shall be prima facie evidence of the truth of all
statements therein.
   79641.  A quorum of the commission is a majority of the producer
members. Except as otherwise provided in this chapter, the vote of a
majority of members present at a meeting at which there is a quorum
shall constitute an act of the commission.
   79642.  The secretary or his or her representatives shall be
notified and may attend each meeting of the commission and any
committee meeting of the commission. However, the secretary is not
entitled to attend an executive session of the commission called for
the purpose of discussing potential or actual litigation against the
department.
   79643.  No member of the commission or of any committee
established by the commission, which may include nonmembers of the
commission, shall receive a salary. Except for ex officio government
members, the members may receive reasonable and necessary traveling
expenses and meal allowances, as established by the commission, for
each day spent in actual attendance at, or in traveling to and from,
meetings of the commission or committees of the commission, or on
special assignment for the commission.
   79644.  If the secretary is required to concur in a decision of
the commission, he or she shall indicate his or her response to the
commission within 15 working days from notification of the decision.
The response may be a request that additional information be
provided.
   79645.  All moneys received by any person from assessments levied
under the authority of this chapter or otherwise received by the
commission shall be deposited in banks designated by the commission
and shall be disbursed by order of the commission through an agent or
agents designated for that purpose. Any authorized agent or agents
shall be bonded by a fidelity bond, executed by a surety company
authorized to transact business in the state, in favor of the
commission, in an amount of not less that twenty-five thousand
dollars ($25,000).
   79646.  The state shall not be liable for the acts of the
commission or its contracts. Payment of all claims arising by reason
of the administration of this chapter or acts of the commission shall
be limited to the funds collected by the commission. No member,
alternate member, or any agent of the commission shall be personally
liable on the contracts of the commission and no member, alternate
member, or agent of the commission shall be responsible individually
in any way to any producer or any other person for errors in
judgment, mistakes, or other acts, either of commission or omission,
as principal or agent, except for his or her own individual acts of
dishonesty or crime. No member or alternate member shall be held
responsible individually for any act or omission of any other member
or alternate member of the commission. The liability of the members
and alternate members shall be several and not joint, and no member
or alternate member shall be liable for the default of any other
member or alternate member.

      Article 4.  Powers and Duties of the Commission


   79651.  The powers and duties of the commission include, but are
not limited to, all of those contained in this article.
   79652.  The commission may adopt, amend, and repeal regulations
and operating procedures necessary to carry out this chapter,
including regulations governing appeals from actions taken by the
commission pursuant to any of its regulations or operating
procedures.
   79653.  The commission may administer and enforce this chapter and
perform all acts and exercise all powers incidental to, or in
connection with, or deemed reasonably necessary for, the proper or
advisable effectuation of this chapter.
   79654.  The commission may appoint its own officers, including a
chairperson, one or more vice chairpersons, and other officers as it
deems necessary. The officers have the powers and duties delegated to
them by the commission.
   79655.  The commission may employ a person to serve at the
pleasure of the commission as president and chief executive officer
of the commission, and other personnel, including legal counsel,
necessary to carry out this chapter. The commission may retain a
management firm or the staff from any board, commission, or agency of
the state or federal government to perform the functions prescribed
by this section under the control of the commission. If any person
employed by the commission engages in any conduct that the secretary
determines is not in the public interest or that he or she determines
is in violation of this chapter, the secretary shall notify the
commission of the conduct and request that corrective and, if
appropriate, disciplinary action be taken by the commission. If the
commission fails or refuses to correct the situation or to take
disciplinary action satisfactory to the secretary, the secretary may
suspend or discharge the person.
   79656.  The commission may fix the compensation for all employees
of the commission.
   79657.  The commission may appoint committees composed of both
board members and nonmembers of the commission to advise the
commission in carrying out this chapter.
   79658.  The commission may establish offices and incur expenses,
enter into any and all contracts and agreements, including
contracting in its name to receive or render services in formulating
and conducting plans and programs, create liabilities, and borrow
funds in advance of receipt of assessments as may be necessary, in
the opinion of the commission, for the proper administration and
enforcement of this chapter and the performance of its duties.
   79659.  The commission shall keep accurate books, records, and
accounts of all its dealings, which shall be subject to an annual
audit by an auditing firm selected by the commission with the
concurrence of the secretary. A summary of the audit shall be
reported to all producers and a copy of the summary shall also be
submitted to the department. In addition, the secretary may, as he or
she determines necessary, conduct or cause to be conducted a fiscal
and compliance audit of the commission.
   79660.  The commission may educate and instruct beekeepers, the
general public, and government on all matters concerning the health
and welfare of honeybees and the beekeeping industry.
   79661.  The commission may conduct market surveys and analyses,
and present facts to, and negotiate with, state, federal, and foreign
agencies on matters that affect the health and welfare of bees, and
the beekeeping industry, and on matters that affect this chapter, to
the extent permitted by federal law.
   79662.  The commission may conduct, and contract with others to
conduct, research, including the study, analysis, accumulation, and
dissemination of information obtained from that research or
otherwise, which the commission deems will or may benefit the health
and welfare of honeybees and the beekeeping industry.
   79663.  The commission may accept contributions or matching
private, state, or federal funds, and employ or make contributions of
funds to other persons or state or federal agencies, for purposes of
carrying out this chapter.
   79664.  The commission may publish and distribute, without charge,
bulletins or other communications for the dissemination of
information to beekeepers.
   79665.  The commission shall establish an assessment rate to
defray the operating costs of the commission.
   79666.  The commission shall adopt an annual budget according to
generally accepted accounting practices. The secretary shall concur
in the adoption of the budget prior to the encumbrance of funds,
except for encumbrances necessary to pay the compensation of
employees of the commission.
   79667.  The commission shall submit to the secretary, for his or
her concurrence, an annual statement of contemplated activities
authorized pursuant to this chapter.
   79668.  The commission may investigate and prosecute civil
violations of this chapter and file complaints with appropriate law
enforcement agencies or officers for suspected criminal violations of
this chapter.

      Article 5.  Implementation and Voting Procedures


   79671.  (a) Within 180 days after the effective date of this
chapter, the secretary shall establish a list of local and
out-of-state producers, who are eligible to vote on the
implementation of this chapter. This list shall be provided to the
secretary from various sources, including, but not limited to,
California county agricultural commissioners, California border
protection stations, and the department.
   (b) The secretary shall require that producers submit the names,
mailing addresses, and number of colonies operated during the
preceding marketing season and identify their district based on
primary residence.
   (c) Any producer whose name does not appear on the secretary's
list may have his or her name placed on the list by filing with the
secretary a signed statement identifying himself or herself as a
producer. Failure to be on the list does not exempt the producer from
paying assessments under this chapter.
   79672.  This chapter, except as necessary to conduct an
implementation referendum vote, shall not become operative until the
secretary finds that at least 30 percent of the total number of the
producers from the list established by the secretary participate, and
either of the following occurs:
   (a) Sixty-five percent of the producers who voted in the
referendum voted in favor of this chapter, and the producers so
voting owned or operated a majority of the total quantity of colonies
maintained in the preceding marketing season by all of the producers
voting in the referendum.
   (b) A majority of the producers who voted in the referendum voted
in favor of this chapter, and the producers so voting owned or
operated 65 percent or more of the total quantity of colonies
maintained in the preceding marketing season by all of the producers
voting in the referendum.
   79673.  The secretary shall establish a period in which to conduct
the referendum which shall not be less than 10 days or more than 60
days in duration and may prescribe additional procedures necessary to
conduct the referendum. If the initial period established is less
than 60 days, the secretary may extend the period. However, the total
referendum period may not exceed 60 days.
   79674.  Nonreceipt of a ballot shall not invalidate a referendum.
   79675.  If the secretary finds that a favorable vote has been
given as provided in Section 79672, he or she shall so certify and
give notice of the vote to all producers whose names and addresses
are on file with the secretary.
   79676.  If the secretary finds that a favorable vote has not been
given as provided in this article, he or she shall so certify and
declare this chapter inoperative. The secretary may conduct another
implementation referendum vote one or more years after the previous
vote has been taken.
   79677.  (a) Upon certification of the commission, the secretary
shall contact all producers in a manner determined by the secretary
for the purpose of nominating and electing persons to the commission.
To be eligible for election to the commission, nominees shall
present to the secretary a nomination petition.
   (b) Subsequent to the first selection of members of the
commission, persons to be elected to the commission shall be selected
pursuant to nomination and election procedures established by the
commission with the concurrence of the secretary.
   79678.  Prior to the referendum vote conducted by the secretary
pursuant to this article, the proponents of the commission shall
deposit with the secretary an amount of funds determined necessary by
the secretary to defray the expenses of preparing the necessary
lists and information and conducting the vote. Any funds not used for
this purpose shall be returned to the proponents of the commission
who deposited the funds with the secretary. Upon establishment of the
commission, the commission may reimburse the proponents of the
commission for any funds deposited with the secretary and for
                                   any legal expenses and costs
incurred in establishing the commission.

      Article 6.  Assessments and Records


   79681.  (a) The commission shall, not later than March 1 of each
year, or as soon thereafter as possible, establish the assessment to
be paid by the producers of 50 or more colonies for the marketing
season.
   (b) The assessment shall be levied annually on all bee colonies in
California on March 1 of each year and not be more than one dollar
($1) per colony.
   (c) A fee greater than the amount specified in subdivision (b) may
not be charged unless approved pursuant to the voting procedures and
approval thresholds specified in Section 79672.
   79682.  All proprietary information obtained by the commission or
the secretary from any source, including the names and addresses of
producers, shall be confidential and shall not be disclosed except
when required by a court order after a hearing in a judicial
proceeding involving this chapter. Information on volume shipments,
hive value, and any other related information required for reports to
governmental agencies, financial reports to the commission, or
aggregate sales and inventory information, and any other information
that gives only totals, but excludes individual information, may be
disclosed by the commission.
   79683.  Every beekeeper, including beekeepers exempt from the
payment of assessments, shall keep a complete and accurate record of
their total number of colonies used for commercial purposes. The
records shall be in simple form and contain information as the
commission shall prescribe. The records shall be retained by the
beekeeper for five years and shall be offered and submitted for
inspection at any reasonable time upon written demand of the
commission or its duly authorized agent.
   79684.  Any assessment that is levied as provided in this chapter
is a personal debt of every producer so assessed.
   79685.  (a) Any person who fails to pay any assessment within 30
days of the due date shall pay, in addition to his or her assessment
fee, a penalty of 10 percent of the amount of the assessment
determined to be past due and, in addition, interest on the unpaid
balance at the rate of 1.5 percent per month.
   (b) In addition to any other penalty imposed, the commission may
require any person who fails to pay any assessment or related charge
pursuant to this article to furnish and maintain a surety bond in a
form and amount and for a period of time specified by the commission
as assurance that all payments to the commission will be made when
due.

      Article 7.  Actions and Penalties


   79691.  It is a misdemeanor punishable by imprisonment in the
county jail not exceeding six months, or by a fine not exceeding one
thousand dollars ($1,000), or by both that fine and imprisonment, for
any person to willfully render or furnish a false report, statement,
or record required by the commission, or in any way to affect the
shipment of pollination units, bees, honey, or hive products in order
to avoid payment of assessments.
   79692.  The commission shall establish procedures for the purpose
of according individuals aggrieved by its actions or determinations
an informal hearing before the commission, or before a committee of
the commission designated for this purpose. Appeals from decisions of
the commission may be made to the secretary. The determination of
the secretary shall be subject to judicial review upon petition filed
with the appropriate superior court.
   79693.  (a) The commission may commence civil actions and utilize
all remedies provided in law or equity for the collection of
assessments and civil penalties, and for obtaining injunctive relief
or specific performance, relating to this chapter and the rules and
regulations adopted under this chapter. A court shall issue to the
commission any requested writ of attachment or injunctive relief upon
a prima facie showing by verified complaint that a named defendant
has violated this chapter or any other rule or regulation of the
commission, including, but not limited to, the nonpayment of
assessments. No bond shall be required to be posted by the commission
as a condition for the issuance of any writ of attachment or
injunctive relief.
   (b) A writ of attachment shall be issued pursuant to Chapter 5
(commencing with Section 485.010) of Title 6.5 of Part 2 of the Code
of Civil Procedure, except that the showing specified in Section
485.010 of the Code of Civil Procedure is not required. Injunctive
relief shall be issued pursuant to Chapter 3 (commencing with Section
525) of Title 7 of Part 2 of the Code of Civil Procedure, except
that the showing of irreparable harm or of inadequate remedy at law
specified by Sections 526 and 527 of the Code of Civil Procedure is
not required.
   (c) Upon entry of any final judgment on behalf of the commission
against any defendant, the court shall enjoin the defendant from
conducting any type of business regarding beekeeping until there is
full compliance with, and satisfaction of, the judgment.
   (d) Upon a favorable judgment for the commission, the court may
order that the commission be reimbursed for reasonable attorney's
fees and other actual related costs. Venue for these actions is at
the domicile or place of business of the defendant or in the county
of the principal office of the commission. The commission may be sued
only in the county of its principal office.
   79694.  Any action by the commission for any penalty or other
remedy that is prescribed under this chapter shall be commenced
within two years from the date of discovery of the alleged violation.
Any action against the commission by any person shall be commenced
within two years from the date of the alleged violation.
   79695.  The commission is not required to allege or prove that an
adequate remedy at law does not exist in any action brought under
this chapter.
   79696.  The termination of this chapter shall not affect or waive
any right, duty, obligation, or liability that has arisen or that may
thereafter arise in connection with this chapter, release or
extinguish any violation of this chapter, or affect or impair any
right or remedies of the commission with respect to any violation.

      Article 8.  Continuation or Suspension and Termination


   79701.  (a) In the fifth year after implementation of this
chapter, the secretary shall hold a public hearing, after providing
proper notice to all persons subject to this chapter and any other
persons or entities who have requested, in writing, notice of the
hearing, to determine whether the operation of this chapter should be
continued. If the secretary finds after the hearing that a
substantial question exists among the persons assessed under this
chapter regarding whether the operation of this chapter should be
continued, the secretary shall submit the chapter to a reapproval
referendum to be conducted among producers to determine whether the
operations of this chapter shall be reapproved and continued in
effect.
   (b) If the secretary finds after conducting a hearing that no
substantial question exists or, if a reapproval referendum is
required, that a majority of the eligible producers voting in the
referendum voted in favor of continuing the operations of this
chapter, the secretary shall so certify and this chapter shall remain
operative. If the secretary finds that a favorable vote has not been
given, he or she shall so certify and declare the operation of this
chapter and the commission suspended upon the expiration of the
current marketing season. Thereupon, the operations of the commission
shall be concluded and funds distributed in the manner provided in
Section 79704.
   79702.  Following a hearing, and favorable referendum if required,
the process specified in Section 79701 shall be conducted by the
secretary every fifth year thereafter between March 1 and February
28, unless a referendum is conducted as the result of a petition
pursuant to Section 79703.
   79703.  (a) Upon a finding by a two-thirds vote of the commission
that the operation of this chapter has not tended to effectuate its
declared purposes, the commission may recommend to the secretary that
the commission be suspended. Any suspension shall not become
effective until the expiration of the current marketing season.
   (b) The secretary shall, upon receipt of a recommendation, or may,
after a public hearing to review a petition filed with him or her
requesting such suspension, signed by 20 percent of the producers by
number who owned and operated not less than 20 percent of the total
quantity of colonies maintained in the immediately preceding
marketing season, cause a referendum to be conducted among the listed
producers to determine if the operations of the commission shall be
suspended. However, the secretary shall not hold a referendum as a
result of the petition unless the petitioner shows by the weight of
evidence that this chapter has not effectuated its declared purposes.

   (c) The secretary shall establish a referendum period, which shall
not be less than 10 or more than 60 days in duration. The secretary
may prescribe additional procedures necessary to conduct the
referendum. At the close of the established referendum period, the
secretary shall tabulate the ballots filed during the period. The
secretary shall suspend the operation of this chapter, if the
secretary finds that at least 30 percent of the total number of
producers from the list established by the secretary participate, and
that either of the following occurs:
   (1) Sixty-five percent of the producers who voted in the
referendum voted in favor of suspension, and the producers so voting
operated a majority of the total quantity of honeybee colonies owned
or operated by those producers voting in the referendum.
   (2) A majority of the producers who voted in the referendum voted
in favor of suspension, and the producers so voting operated 65
percent or more of the total quantity of honeybee colonies owned or
operated by those producers voting in the referendum.
   79704.  After the effective date of suspension of this chapter and
of the commission, the operations of the commission shall be
concluded and all moneys held by the commission, and moneys collected
by assessment and not required to defray the expenses of concluding
and terminating operations of the commission, shall be returned on a
pro rata basis to all persons from whom assessments were collected in
the immediately preceding current marketing season. However, if the
commission finds that the amounts returnable are so small as to make
impractical the computation and remitting of the pro rata refund to
those persons, any moneys remaining and any moneys remaining after
payment of all expenses of winding up and terminating operations
shall be withdrawn from the approved depository and paid into an
appropriate state or federal program or used to fund activities
related to the subject matter of this chapter.
   79705.  Upon suspension of the operation of this chapter and of
the commission, the commission shall mail a copy of the notice of
suspension to all producers affected by the suspension whose names
and addresses are on file. 
   SEC. 2.    The Legislature finds and declares that
Section 1 of this act, which adds Section 79682 to the Food and
Agricultural Code, imposes a limitation on the public's right of
access to the meetings of public bodies or the writings of public
officials and agencies within the meaning of Section 3 of Article I
of the California Constitution. Pursuant to that constitutional
provision, the Legislature makes the following findings to
demonstrate the interest protected by this limitation and the need
for protecting that interest:  
   In order to allow the California Apiary Research Commission to
fully accomplish its goals, it is imperative to protect the interests
of those persons submitting information to the commission to ensure
that any personal or sensitive business information that this act
requires those persons to submit is protected as confidential
information. 
   SEC. 3.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  SECTION 1.    It is the intent of the Legislature
to later amend this bill to establish within state government the
California Apiary Research Commission to promote research and
education regarding California's bee industry.