BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 764|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: SB 764
Author: Yee (D)
Amended: 1/15/14
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMMITTEE : 8-0, 1/14/14
AYES: Pavley, Cannella, Evans, Hueso, Jackson, Lara, Monning,
Wolk
NO VOTE RECORDED: Fuller
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Fish: accounting records: violation
SOURCE : Author
DIGEST : This bill clarifies that the burden of providing the
accounting record information is on the entity selling the fish
to the retail merchant, not the buyer.
ANALYSIS :
Existing law:
1.Requires commercial licensed fishermen and any person who
deals in fresh or frozen fish for profit to keep prescribed
accounting records.
2.Requires any of this accounting record information that is
transmitted to any business that deals in fish for profit to
CONTINUED
SB 764
Page
2
be in the English language.
This bill:
1.Requires a licensed commercial fisherman and any person who
deals in fresh or frozen fish for profit to transmit the
prescribed accounting record information, including but not
limited to, the bill of lading, manifest, advanced shipping
notice, or alternative accounting record document, to any
business that deals in fish for profit.
2.Permits the accounting record information to be provided in
one or more additional languages.
Background
Section 8050 of the Fish and Game Code imposes record-keeping
requirements on commercial fishermen, processors, retailers, and
others in the chain of distribution of commercial fish sold in
California. To assist the Department of Fish and Wildlife (DFW)
in tracing these fish for the purposes of consumer and
environmental protection, the law requires that the species,
pounds sold, name and address of purchaser, price paid, and
other information is maintained. The law also requires this
information to be maintained in English by both the buyer and
the seller for a period of three years. The information shall
be available to DFW upon request during normal business hours.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 1/21/14)
California Fisheries and Seafood Institute
Chinatown Neighborhood Association, San Francisco
ARGUMENTS IN SUPPORT : According to the author, in many
localities in California, fish retailers are often non-English
speaking. Obvious examples include Chinese and other Asian
retailers but there are undoubtedly other ethnic, non-English
speaking fish retailers in a state as diverse as California.
In 2013, the author indicates that Anna Li, a monolingual
employee of Chung Chou City in San Francisco's Chinatown, was
cited for violating Section 8050 of the Fish and Game Code
SB 764
Page
3
because a receipt she received from a distributor was only in
Chinese, not English. Although ultimately dismissed, the
citation caused economic hardship to Li who had to hire an
attorney to represent her.
The author is concerned that non-English speaking fish retailers
will continue to face citations unless the burden of providing
the necessary records is on the entity that sells the fish to
the retailer.
RM:e 1/22/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****