Amended in Assembly April 22, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 958

Introduced by Committee on Agriculture

February 26, 2015

An act to amend begin delete Section 410 of end delete begin insert Sections 76535, 76600, 76602, 76604, 76650, 76651, 76652, 76700, 76701, 76702, 76705, 76706, 76707, 76708, 76709, 76712, 76714, 76715, 76716, 76717, 76718, 76750, 76800, 76851, 76852, 76900, 76901, 76901.5, 76903, 76904, 76904.5, 76905, 76906, 76907, 76908, 76909, and 76910 of, to add Article 9.5 (commencing with Section 76961), Article 10 (commencing with Section 76971), and Article 11 (commencing with Section 76981) to, and to repeal and add Article 9 (commencing with Section 76950) of, Chapter 16 of Part 2 of Division 22 of, end insert the Food and Agricultural Code, relating to begin delete the Department of Food and Agriculture. end delete begin insert salmon marketing and development, and making a appropriation therefor. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 958, as amended, Committee on Agriculture. begin delete Department of Food and Agriculture. end delete begin insert California Salmon Marketing and Development Act. end insert

begin insert

(1) Existing law, the California Salmon Marketing and Development Act, creates the California Salmon Council, consisting of 9 voting members, appointed by the Secretary of Food and Agriculture, and 5 nonvoting members, as provided. Under existing law, the council is required to provide advice and investigations for, and perform duties delegated to it by, the secretary, including programs to promote education, research, and public information regarding the consumption of salmon and salmon products. Existing law provides for referendum voting by fishermen, as defined, to determine whether the act should be implemented and, periodically, to review whether the operation of the act and the council should be continued. Upon approval of the referendum, existing law requires fishermen to pay specified assessments to the secretary and requires the secretary to expend and invest those moneys for purposes of the act. A violation of the act is a misdemeanor.

end insert begin insert

This bill would change the composition of the council to include 11 voting members, appointed by the secretary, and 3 nonvoting members and would make various changes to the requirements covering commercial salmon fishing, with regard to notification of the adopted regulations by the secretary.

end insert begin insert

The bill would require the secretary to establish a list of handlers, defined to include processors, receivers, and wholesalers, and would provide for referendum voting by those handlers to determine whether they shall be subject to the act. Upon approval of the referendum, the bill would require handlers to pay specified assessments to the secretary and would require the secretary to expend and invest those moneys for purposes of the act, thereby making an appropriation. The bill would include handlers, if subject to the act, in the periodic referenda to determine whether the operation of the act and the council should be continued and would make other conforming changes. By authorizing handlers to be subject to the requirements of the act, the violation of which is a misdemeanor, the bill would impose a state-mandated local program.

end insert begin delete

Existing law states the intent of the Legislature that the Department of Food and Agriculture, in cooperation with appropriate county officials and industry representatives, develop mutually satisfactory sources of nonstate funding to augment budget programs in the areas of county agricultural commissioners and weights and measures.

end delete begin delete

This bill would make a clarifying change to the statement of intent.

end delete

Vote: majority. Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 76535 of the end insert begin insert Food and Agricultural Code end insert
begin insert is amended to read: end insert

76535.  

begin insert (a) end insert begin insert   end insert “Handler” means any of the following:

begin delete

(a)

end delete

begin insert (1) end insert  A processor.

begin delete

(b)

end delete

begin insert (2) end insert  A receiver.

begin delete

(c)

end delete

begin insert (3) end insert  A wholesaler.

begin delete

(d)

end delete

begin insert (4) end insert  An exporter.

begin delete

(e)

end delete

begin insert (5) end insert  An individual licensed or working for a partnership,
corporation, or any other business unit or organization licensed
pursuant to subdivision (a) of Section 8032 of the Fish and Game
Code and engaged in the California commercial salmon fishery.

begin insert

(b) “Handler” does not include a commercial salmon vessel
operator who sells salmon directly to another person.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 76600 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76600.  

The Legislature finds and declares that begin delete the provisions
of end delete this chapter begin delete are end delete begin insert is end insert enacted in the exercise of the power of this
state for the purposes of protecting and furthering the public health
and welfare.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 76602 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76602.  

The Legislature declares that the purposes of this
chapter are as follows:

(a)  begin delete To enable end delete begin insert Enable end insert the salmon fishery, with the aid of the
state, to develop, maintain, and expand the state, nationwide, and
foreign markets for salmon and salmon products harvested,
processed, manufactured, sold, or distributed in this state for human
consumption, and the use and consumption of salmon and salmon
products in those markets.

(b)  begin delete To enable end delete begin insert Enable end insert the salmon fishery to purchase, where
there are willing sellers, the allocation rights to harvest salmon,
as they may exist, of other salmon user groups to provide
fishermen, and thereby the salmon fishery, greater access to salmon
stocks than otherwise may have been provided pursuant to a
conservation, management, or allocation agreement.

(c) In aid, but not in limitation, of the purpose in subdivision
(a), begin delete to end delete authorize and enable the begin delete director end delete begin insert secretary end insert to formulate and
effectuate, directly or in cooperation with other agencies,
organizations, including the Oregon Salmon Commission, begin delete the West
Coast Fisheries Development Foundation, and the National Fish
and Seafood Promotion Council, end delete and instrumentalities begin delete which end delete begin insert that end insert
are specified in this chapter, sales stimulation and begin delete consumer, end delete
begin insert consumer end insert or other educational programs designed to increase the
use and consumption of salmon and salmon products for human
consumption.

(d)  begin delete To provide end delete begin insert Provide end insert funds for the administration and
enforcement of this chapter by mandatory fees to be collected in
the manner begin delete which is end delete prescribed in this chapter.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 76604 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76604.  

If any provision of this chapter or the application thereof
to any person or circumstances is held invalid, that invalidity does
not affect other provisions or applications of begin delete the act which end delete begin insert this
chapter that end insert can be given effect without the invalid provision or
application, and to this end the provisions of this begin delete act end delete begin insert chapter end insert are
severable.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 76650 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76650.  

The begin delete director end delete begin insert secretary end insert shall administer and enforce this
chapter, and may exercise any of the administrative powers which
are conferred by Sections 11180 to 11191, inclusive, of the
Government Code upon a head of a department. In order to
effectuate the declared purposes of this chapter, the begin delete director end delete
begin insert secretary end insert may contract to carry out the declared intent and purposes
of this chapter.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 76651 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76651.  

Upon recommendation by the council, the begin delete director end delete
begin insert secretary end insert may adopt, consistent with this chapter, any regulations
begin delete which end delete begin insert that end insert cover the administration and enforcement of this chapter
that may be necessary to carry out the purposes and attain the
objectives of this chapter, except the begin delete director end delete begin insert secretary end insert shall not
engage in any salmon promotion activity or pursue the purchase
of allocation rights to harvest salmon without the approval of a
majority of the voting members of the council.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 76652 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76652.  

Upon the adoption of any regulations under this chapter,
a copy of the regulations shall be begin delete posted on a bulletin board which
shall be maintained by the director in his or her office end delete begin insert displayed
on the department’s Internet Web site end insert . No regulation shall become
effective until five days after the date of begin delete that posting end delete begin insert display on
the Internet Web site end insert and begin delete mailing. The director shall mail a copy
of the notice of the issuance of the regulations end delete begin insert mailing end insert to every
marketing association and every receiver that is directly affected
by the regulations whose name and address may be on file in the
office of the begin delete director end delete begin insert secretary end insert and to every person who files in
the office of the begin delete director end delete begin insert secretary end insert a written request for begin delete that notice. end delete
begin insert a copy of the regulations. end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 76700 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76700.  

There is in the state government the California Salmon
Council. The council shall be composed of begin delete nine end delete begin insert 11 end insert voting members
and their alternates, and begin delete five end delete begin insert three end insert nonvoting members.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 76701 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76701.  

The voting members of the council shall be appointed
by the begin delete director end delete begin insert secretary end insert , after consultation with the Director of
Fish and begin delete Game end delete begin insert Wildlife end insert , giving due consideration to proper
geographic distribution. The begin delete nine end delete begin insert 11 end insert members shall include:

(a) Five commercial salmon vessel operators or their
representatives, and their alternates.

(b)  begin delete Two end delete begin insert Three end insert handlers who are receivers or processors or their
representatives, and their alternates.

(c)  begin delete One representative end delete begin insert Two representatives end insert of a handler who is
an exporter or a wholesaler, and begin delete an alternate end delete begin insert their alternates end insert .

(d) One public member, and an alternate.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 76702 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76702.  

(a) The commercial salmon vessel operators and their
alternates shall be selected from lists of nominees submitted by
marketing associations and any organization deemed to represent
the majority of organized commercial salmon vessel operators,
and from nominations by individual commercial salmon vessel
operators.

(b) The receivers, processors, wholesalers, or exporters and
their alternates shall be selected from lists of nominees submitted
by an organization deemed to represent the majority of those
organized groups in the state, and from individual receivers,
processors, wholesalers, and exporters.

(c) The public member and alternate shall be selected by the
begin delete director end delete begin insert secretary end insert from a list submitted by the commercial salmon
vessel operators and handler members of the council.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 76705 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76705.  

Any vacancy in the membership of the council begin delete which end delete
begin insert that end insert occurs during the unexpired term shall be filled by the begin delete director end delete
begin insert secretary end insert for the unexpired term from the eligible nominees. No
council member or alternate shall serve more than two consecutive
three-year terms. Service as an alternate does not disqualify a
person to then serve two additional terms as a member, and a
member who was appointed for a one-year or a two-year term may
serve two additional three-year terms.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 76706 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76706.  

The begin delete director end delete begin insert secretary end insert may remove any member of the
council or alternate for cause, and, upon that removal, there is a
vacancy begin delete which end delete begin insert that end insert shall be filled in the manner as provided for
the unexpired term in Section 76705.

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 76707 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76707.  

The begin delete director end delete begin insert secretary end insert shall give notice, not later than
January 31 of each year, of the vacancies that will exist upon the
expiration of terms on March 31, in writing, to all marketing
associations and organizations deemed to represent the majority
of organized fishermen, or receivers, processors, wholesalers, and
exporters, and shall issue any press releases and public statements
that the begin delete director end delete begin insert secretary end insert deems appropriate requesting
nominations.

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 76708 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76708.  

(a) The notice requesting nominations shall indicate
that nominations shall be mailed begin insert or sent electronically end insert to the
begin delete director end delete begin insert secretary end insert at his or her office in Sacramento and that the
begin delete director will end delete begin insert secretary shall end insert consider nominations begin delete received by mail end delete
begin insert sent electronically or end insert postmarked not later than March 1.

(b) Nominations shall set forth all of the following:

(1) The name and address of each nominee.

(2) Whether each nominee is being nominated as a member or
alternate member.

(3) The type of category for which the nominee is being
nominated.

(4) The list of qualifications and supporters, if any, for the
nominee.

(5) The name and address of the nominating marketing
association, organization, or individual.

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 76709 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76709.  

The nonvoting members of the council shall be
representatives of the following agencies, as selected by the
begin delete director: end delete begin insert secretary: end insert

(a) The department.

(b) The Department of Fish and begin delete Game end delete begin insert Wildlife end insert .

(c) The California Sea Grant Program.

begin delete

(d) The West Coast Fisheries Development Foundation or the
Coastal Fisheries Foundation.

end delete begin delete

(e) The California State World Trade Commission.

end delete

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 76712 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76712.  

(a) The council shall select annually from its voting
members, to serve at its pleasure, a chair and vice chair.

(b) The chair and vice chair, together with four other voting
members, selected annually by the council, shall constitute the
executive committee of the council. The executive committee shall
have and exercise any powers of the council that the council may
delegate to it.

begin insert

(c) If handlers have become subject to this chapter pursuant to
Article 9.5 (commencing with Section 76961), the officers and the
other members of the executive committee shall be equally divided
between commercial salmon vessel operators and handlers.

end insert

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 76714 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76714.  

The voting members of the council shall receive forty
dollars ($40) per day per diem for each day spent in actual
attendance at the meetings or on the business of the council and
shall be reimbursed for necessary traveling and other expenses
incurred in the performance of their official duties, except, during
the first year of council operations, when members shall serve at
their own expense. Nonvoting members shall be reimbursed at the
same rate as voting members when their agencies do not pay their
expenses. Alternates shall only be paid expenses and per diem for
meetings at which they serve as the replacement for the begin delete regular end delete
begin insert voting end insert member.

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 76715 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76715.  

No member of the council, except begin delete a member end delete begin insert members end insert
of the executive committee, shall receive compensation for more
than three days’ service per begin delete month, except the chair, who end delete begin insert month.
The chair end insert may receive compensation for not more than seven days
per month.

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert Section 76716 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76716.  

The begin delete director end delete begin insert secretary end insert may require any employee or
agent of the council to give a fidelity bond, executed by a surety
company begin delete which end delete begin insert that end insert is authorized to do business in this state, in
favor of the begin delete director end delete begin insert secretary end insert , in the sum, and containing any
terms and conditions, that the begin delete director end delete begin insert secretary end insert may prescribe.
The cost of the fidelity bonds of employees or agents of the council
shall be paid from the funds begin delete which end delete begin insert that end insert are collected pursuant to
this chapter.

begin insert

begin insert SEC. 20. end insert   

end insert

begin insert Section 76717 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76717.  

No member or employee of the council shall be held
responsible individually to any person for liability on any contract
or agreement of the council. All salaries, expenses, costs,
obligations, and liabilities begin delete which end delete begin insert that end insert arise out of the administration
and enforcement of this chapter are payable only from funds begin delete which end delete
begin insert that end insert are collected pursuant to begin delete the provisions of end delete this chapter.

begin insert

begin insert SEC. 21. end insert   

end insert

begin insert Section 76718 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76718.  

An alternate member of the council shall sit as a begin delete regular end delete
begin insert voting end insert member of the council if the member for whom he or she
is an alternate fails for any reason to attend any meeting of the
council. The alternate member shall be compensated and
reimbursed in the same manner and to the same extent as a begin delete regular end delete
begin insert voting end insert member when so serving. When so serving, the alternate
member has all of the powers, duties, liabilities, and immunities
of the member in whose place he or she is serving, except that the
alternate to the chair or vice chair shall not succeed to the functions
of these offices.

begin insert

begin insert SEC. 22. end insert   

end insert

begin insert Section 76750 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76750.  

The duties of the council shall be advisory, except as
to those duties that may be delegated to it by the secretary or as
otherwise designated in this chapter. The council may, subject to
the approval of the secretary, exercise any of the following powers
that may be delegated to the council by the secretary:

(a)  begin delete To recommend end delete begin insert Recommend end insert to the secretary administrative
regulations that relate to the administration and enforcement of
this chapter.

(b)  begin delete To investigate end delete begin insert Investigate end insert all matters that affect the
administration of this chapter, and to report violations of this
chapter to the secretary.

(c)  begin delete To employ end delete begin insert Employ end insert and, at its pleasure, discharge a manager
and such clerical help and other employees as it deems necessary,
and to prescribe their duties and powers and fix their compensation.

(d)  begin delete To contract end delete begin insert Contract end insert with, or employ, and at its pleasure,
discharge any other persons that it deems necessary, and in the
cases of those persons it shall employ, to outline their powers and
duties and fix their compensation.

(e)  begin delete To establish end delete begin insert Establish end insert offices and incur expenses incidental
thereto.

(f)  begin delete To make end delete begin insert Make end insert contracts and other agreements that may be
proper to promote the sale of salmon and salmon products on either
a local, state, national, or international basis.

(g) (1)  begin delete To cooperate end delete begin insert Cooperate end insert with any other local, state, or
national commission, organization, or agency, whether voluntary
or created by state or federal law, including, but not limited to, the
Oregon Salmon begin delete Commission, the West Coast Fisheries
Development Foundation, the Coastal Fisheries Foundation, and
the National Fish and Seafood Promotion Council, that is end delete
begin insert Commission, and instrumentalities that are end insert engaged in work or
activities similar to the work and activities of the council, and to
recommend to the secretary the making of contracts and agreements
with those organizations or agencies for carrying on joint programs
of education, research, publicity, and advertising.

(2)  begin delete To recommend end delete begin insert Recommend end insert to the secretary the making of
contracts and agreements with other councils, commodity
commissions, or producer organizations for joint programs of
publicity and advertising where those products are compatible with
the promotion of salmon and salmon products.

(3) In matters of research, begin delete to end delete cooperate with organizations of
recognized professional standing that are adequately equipped
with facilities for the research that is contemplated.

(h)  begin delete To recommend end delete begin insert Recommend end insert to the secretary the institution
and promotion of scientific research to develop or discover, or
both, the health, food, therapeutic, dietetic, and other uses of
salmon.

(i) (1)  begin delete To receive, end delete begin insert Receive, end insert invest, and disburse funds pursuant
to Article 8 (commencing with Section 76900).

(2)  begin delete To allocate end delete begin insert Allocate end insert funds to agencies not specifically or
solely engaged in carrying on research or promotion for salmon,
if the council and the secretary are satisfied that those allocations
will be beneficial to the California salmon fishery and will tend
to effectuate the declared purposes of this chapter.

(j)  begin delete To present end delete begin insert Present end insert facts to, and negotiate with, state, federal,
and foreign agencies on matters that affect this chapter.

begin insert

begin insert SEC. 23. end insert   

end insert

begin insert Section 76800 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76800.  

The begin delete director end delete begin insert secretary end insert shall conduct, or may cause the
council to conduct, programs of education, research, or public
information, begin delete which end delete begin insert that end insert are designed to accomplish the following
purposes, among others:

(a) Increase the consumption of salmon and salmon products.

(b) Gather, publicize, and diffuse accurate and scientific
information which shows the importance of the use and
consumption of salmon and salmon products in relation to the
public health, economy, and diet, and proper nutrition of children
and adults.

(c) Study means and methods which are employed in harvesting,
processing, manufacturing, marketing, and distributing salmon
and salmon products in order to comply with the sanitary and other
regulations which are imposed by municipalities, this state, and
the United States.

(d) Gather and disseminate information regarding the high
standards which are observed and imposed to insure pure and
wholesome salmon and salmon products.

(e) Gather and disseminate information regarding the harmful
effects on the public health resulting from the breakdown or
instability of the salmon fishery, the factors and conditions peculiar
to the salmon fishery which tend to cause an unbalanced
production, and the price of salmon and salmon products in relation
to the cost of other items of food in a balanced diet.

(f) Gather and disseminate information regarding the factors
which tend to promote increased consumption of salmon and
salmon products, stabilize the fishery, and foster a better
understanding and more efficient cooperation among fishermen,
receivers, processors, and the consuming public.

begin insert

begin insert SEC. 24. end insert   

end insert

begin insert Section 76851 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76851.  

If the Attorney General determines under Section 76850
that selling allocation rights to harvest salmon would be binding
and consistent with California public policy and if an agreement
for purchase of allocation rights of harvest is determined to be
lawful and binding, the Director of Fish and begin delete Game end delete begin insert Wildlife end insert may,
in consultation with the begin delete director end delete begin insert secretary end insert , develop a program to
authorize the transfer of the allocation rights consistent with all
other state or federal laws and regulations. Upon authorization by
the Director of Fish and begin delete Game end delete begin insert Wildlife end insert , the begin delete director end delete begin insert secretary end insert may,
at a price and quantity agreed to by the council, and with funds
available from the council, enter into an agreement for the purchase
of the allocation rights to harvest from another user holding bona
fide rights to harvest stocks of salmon.

begin insert

begin insert SEC. 25. end insert   

end insert

begin insert Section 76852 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76852.  

The council, in any negotiations for the purchase of
tribal allocations of rights to harvest, if any, however they may
exist, may, with the begin delete director end delete begin insert secretary end insert , seek federal or other funds
as may be available to match the council funds for the purchase
of allocation rights to harvest in recognition of the federal
government’s responsibility to the Indian people and their
resources.

begin insert

begin insert SEC. 26. end insert   

end insert

begin insert Section 76900 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76900.  

begin delete In order to carry out the programs end delete begin insert Programs end insert and
begin delete administer end delete begin insert administration of end insert the activities begin delete which end delete begin insert that end insert are conducted
pursuant to this begin delete chapter, every end delete begin insert chapter shall be funded as follows: end insert

begin insert (a) end insert begin insert   end insert begin insert Every end insert fisherman who sells salmon to any person, shall pay
a fee, as specified in begin delete Sections 76902 and 76903 end delete begin insert this article end insert , for
each pound or fraction thereof, of salmon taken and sold by the
fisherman. The fee shall be collected from the fisherman and
remitted to the begin delete director end delete begin insert secretary end insert , by any person licensed to receive
fish to whom the salmon are sold. If the salmon are sold to any
other person the fee shall be remitted to the begin delete director end delete begin insert secretary end insert by
the fisherman.

begin insert

(b) Every handler subject to this chapter pursuant to Article 9.5
(commencing with Section 76961) shall pay the fee specified in
this article for each pound or fraction thereof, of salmon received
from a fisherman. The fee shall be remitted to the secretary by the
handler.

end insert

begin insert

begin insert SEC. 27. end insert   

end insert

begin insert Section 76901 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76901.  

Consistent with Section 8041 of the Fish and Game
Code, the following persons shall remit the fees required by
begin insert subdivision (a) of end insert Section begin delete 76902 end delete begin insert 76900 end insert to the begin delete director: end delete begin insert secretary: end insert

(a) Any person who is required to be licensed as a fish receiver
by Section 8033 of the Fish and Game Code, and receives salmon
in this state from persons conducting the activities of a commercial
fisherman.

(b) Any commercial fisherman who sells salmon to any person
who is not a licensed fish receiver.

begin insert

begin insert SEC. 28. end insert   

end insert

begin insert Section 76901.5 of the end insert begin insert Food and Agricultural Code end insert
begin insert is amended to read: end insert

76901.5.  

(a) Each person who is required by this chapter to
collect a fee from fishermen begin insert or pay a fee as a handler end insert shall
maintain a complete and accurate record of all transactions subject
to the fee. These records shall contain any information required
by the begin delete director end delete begin insert secretary end insert relating to the collection of fees, shall be
preserved for a period of three years, and shall be available for
review immediately upon demand by the begin delete director end delete begin insert secretary end insert or the
begin delete director’s end delete begin insert secretary’s end insert duly authorized agent.

(b) Any information obtained by the begin delete director or the director’s end delete
begin insert secretary or the secretary’s end insert duly authorized agent from inspection
or audit of records shall be confidential and shall not be disclosed
except when required begin insert by a court order after a hearing end insert in a judicial
proceeding.

begin insert

begin insert SEC. 29. end insert   

end insert

begin insert Section 76903 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76903.  

The fees imposed under this article shall be paid
monthly to the begin delete director end delete begin insert secretary end insert within 60 days after the last day
of each month. If fees are not paid within 60 days after the month
for which they are due, the begin delete director end delete begin insert secretary end insert shall collect amounts
owing under the procedures prescribed for sales and use taxes
provided in Chapter 5 (commencing with Section 6451) of Part 1
of Division 2 of the Revenue and Taxation Code, insofar as they
may be applicable, and for those purposes, “board” means the
department and “the date of which the tax became due and
payable,” means that date 60 days after the month for which it is
due.

begin insert

begin insert SEC. 30. end insert   

end insert

begin insert Section 76904 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76904.  

Sections 8058 to 8070, inclusive, of the Fish and Game
Code apply to claims for overpayment of fees to the begin delete director end delete
begin insert secretary end insert . For purposes of this section, “department,” as used in
those sections, means the Department of Food and Agriculture,
and “landing tax” means the fees imposed pursuant to this article.

begin insert

begin insert SEC. 31. end insert   

end insert

begin insert Section 76904.5 of the end insert begin insert Food and Agricultural Code end insert
begin insert is amended to read: end insert

76904.5.  

The begin delete director end delete begin insert secretary end insert may consult with and enter
into agreements with the Director of Fish and begin delete Game end delete begin insert Wildlife end insert where
necessary and reasonable, to assist in the administration of this
chapter and in enforcing compliance with this chapter. If an
agreement is established, the begin delete director end delete begin insert secretary end insert shall reimburse
the Department of Fish and begin delete Game end delete begin insert Wildlife end insert for administrative costs
associated with this chapter.

begin insert

begin insert SEC. 32. end insert   

end insert

begin insert Section 76905 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76905.  

After one year after the establishment of the council,
and not before the commercial salmon season of 1990, the council
may recommend to the begin delete director end delete begin insert secretary end insert an increase over and
above the two cents ($0.02) per pound fee required by Section
76902 for the council to carry out its duties under this chapter. The
council shall consider the budget for the council, funding for
activities conducted pursuant to Article 6 (commencing with
Section 76800) and Article 7 (commencing with Section 76850),
as well as the market price of salmon, landing taxes imposed by
the Department of Fish and begin delete Game end delete begin insert Wildlife end insert , assessments charged
by marketing associations, and any other relevant factor affecting
the economics of the salmon fishery. The council shall, in making
any determination to increase fees, consult with marketing
associations and, if the recommended increase would exceed seven
cents ($0.07) per pound of salmon sold, begin delete shall conduct a ballot poll
of the commercial salmon vessel operators on the director’s list
established pursuant to Article 9 (commencing with Section
76950). After an initial ballot poll on a recommended increase
exceeding seven cents ($0.07) per pound of salmon sold, the
council shall consult with marketing associations and, if the
recommended increase would exceed five cents ($0.05) per pound
of salmon sold, shall conduct a ballot poll of the commercial
salmon vessel operators on the director’s list. The director end delete begin insert the
council shall conduct a vote of persons on the secretary’s lists
established pursuant to Article 9 (commencing with Section 76950)
and Article 9.5 (commencing with Section 76961). The secretary end insert
may not increase any fee without a majority approval of the voting
members of the council.

begin insert

begin insert SEC. 33. end insert   

end insert

begin insert Section 76906 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76906.  

(a) All money that is collected by the begin delete director end delete begin insert secretary end insert
pursuant to this chapter shall be deposited in any bank, or other
depository that is approved by the Director of Finance, allocated
to the purposes of this chapter only, and disbursed by the begin delete director end delete
begin insert secretary end insert or the council only for the necessary expenses that are
incurred by the council and the begin delete director end delete begin insert secretary end insert in carrying out
begin delete the purposes and provisions of end delete this chapter, including expenses
generated by the auditing requirement contained in this section.
Money that is so collected shall be deposited and disbursed in
conformity with appropriate auditing regulations begin delete which end delete begin insert that end insert are
prescribed by the begin delete director end delete begin insert secretary end insert . The expenditure of the money
is exempt from Section 925.6 and 16304 of the Government Code.

(b) All expenditures by the council and the begin delete director end delete begin insert secretary end insert
shall be audited at least once every two years by one of the
following means:

(1) By contract with a certified public account.

(2) By contract with a public accountant holding a valid permit
issued by the California Board of Accountancy.

(3) By contract with a public accounting firm.

(4) By agreement with the Department of Finance.

begin insert

begin insert SEC. 34. end insert   

end insert

begin insert Section 76907 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76907.  

Money begin delete which end delete begin insert that end insert is deposited pursuant to Section
76906 may be invested and reinvested by the Treasurer or the
council in any of the securities described in Article 1 (commencing
with Section 16430) of Chapter 3 of Part 2 of Division 4 of Title
2 of the Government Code, or placed in a depository as provided
in Chapter 4 (commencing with Section 16500) of Part 2 of
Division 4 of Title 2 of the Government Code, and handled in the
same manner as money in the State Treasury. For these purposes,
the money may also be combined with funds begin delete which end delete begin insert that end insert are
determined by the begin delete director end delete begin insert secretary end insert to be available for investment
pursuant to Section 58939. Any increment begin delete which end delete begin insert that end insert is received
from investment, reinvestment, or deposit made by the Treasurer
shall be remitted to the council. The Treasurer may deduct from
the remittance an amount equal to the reasonable cost incurred in
carrying out this section or may bill the council for the costs and
the council shall pay the costs from money begin delete which end delete begin insert that end insert is collected
for it pursuant to this chapter.

begin insert

begin insert SEC. 35. end insert   

end insert

begin insert Section 76908 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76908.  

The begin delete director end delete begin insert secretary end insert , after consultation with the
council, shall prepare an annual budget begin delete which end delete begin insert that end insert sets forth in
reasonable detail the proposed expenditures begin delete which end delete begin insert that end insert the begin delete director end delete
begin insert secretary end insert deems necessary for the performance by him or her and
by the department of the duties begin delete which end delete begin insert that end insert are imposed upon them
by this chapter. The begin delete director end delete begin insert secretary end insert shall also prepare and submit
to the council an annual statement, in reasonable detail, of the
begin delete director’s end delete begin insert secretary’s end insert expenditures pursuant to this chapter.

begin insert

begin insert SEC. 36. end insert   

end insert

begin insert Section 76909 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76909.  

The begin delete director end delete begin insert secretary end insert may receive funds in amounts
that may be reasonable and necessary to defray the initial expenses
in making effective this chapter. The begin delete director end delete begin insert secretary end insert shall
reimburse those persons from whom those funds are received in
the amounts received from any funds which are received by the
begin delete director end delete begin insert secretary end insert pursuant to this article.

begin insert

begin insert SEC. 37. end insert   

end insert

begin insert Section 76910 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

76910.  

The begin delete director end delete begin insert secretary end insert may accept contributions to
advance the purposes of this chapter. If requested by the donor,
the contributions shall be segregated and separately maintained
for the use of the council.

begin insert

begin insert SEC. 38. end insert   

end insert

begin insert Article 9 (commencing with Section 76950) of Chapter
16 of Part 2 of Division 22 of the end insert begin insert Food and Agricultural Code end insert begin insert is
repealed. end insert

begin insert

begin insert SEC. 39. end insert   

end insert

begin insert Article 9 (commencing with Section 76950) is added
to Chapter 16 of Part 2 of Division 22 of the end insert begin insert Food and Agricultural
Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 9. end insert   Implementation and Voting Procedure for Fishermen

 

begin insert 76950. end insert   

On or before August 15, 1989, the secretary shall
establish a list of commercial salmon vessel operators eligible to
vote on implementation of this chapter. In establishing the list, the
secretary may require that handlers and commercial salmon vessel
operators submit the names and mailing addresses of all
commercial salmon vessel operators who harvested salmon during
the previous season, as evidenced by receipts prepared under
Section 8043 of the Fish and Game Code, together with the volume
of salmon landed. The secretary may also request the assistance
of the Director of Fish and Wildlife for the names of all commercial
salmon vessel operators who landed salmon the previous season
and the volume of landings for each vessel. The request for the
information shall be in writing and shall be subject to the
confidentiality provisions of Section 8022 of the Fish and Game
Code. The list shall be filed within 30 days following receipt of
the written notice.

begin insert 76951. end insert   

Any commercial salmon vessel operator whose name
does not appear upon the secretary’s list of commercial salmon
vessel operators affected may have his or her name established
on the list by filing with the secretary a signed statement,
identifying himself or herself as a commercial salmon vessel
operator and furnishing evidence of having made landings the
previous year through the submission of receipts prepared under
Section 8043 of the Fish and Game Code. Failure to be on the list
does not exempt a commercial salmon vessel operator from paying
assessments under this chapter.

begin insert 76952. end insert   

This chapter, except as necessary to conduct an
implementation referendum vote under this article shall not become
operative until the secretary finds in an implementation referendum
conducted by the secretary under this article, that at least 40
percent of the total number of commercial salmon vessel operators
from the list established by the secretary have participated by
voting in the referendum, and the secretary finds either of the
following:

(a) Sixty-five percent or more of the commercial salmon vessel
operators who voted in the referendum voted in favor of
implementing this chapter, and the commercial salmon vessel
operators who voted in the referendum marketed 51 percent or
more of the total quantity of salmon landed in the preceding fiscal
year by all the commercial salmon vessel operators who voted in
the referendum.

(b) Fifty-one percent of the commercial salmon vessel operators
who voted in the referendum voted in favor of implementing this
chapter, and the commercial salmon vessel operators who voted
in the referendum marketed 65 percent or more of the total quantity
of salmon landed in the preceding fiscal year by all of the
commercial salmon vessel operators who voted in the referendum.

begin insert 76953. end insert   

The secretary shall establish a period in which to
conduct the implementation referendum which shall not be more
than 60 days in duration, and may prescribe additional procedures
as may be necessary to conduct the referendum. If the initial period
established is less than 30 days, the secretary may extend that
period. However, the total referendum period may not exceed 60
days.

begin insert 76953.5. end insert   

(a) Before the referendum vote is conducted by the
secretary, the proponents of the council shall deposit with the
secretary the amount that the secretary determines is necessary
to defray the expenses of preparing the necessary lists and
information and conducting the referendum vote.

(b) Any funds not used in carrying out this article shall be
returned to the proponents of the council who deposited the funds
with the secretary.

(c) Upon establishment of the council, the council may reimburse
the proponents of the council for any funds deposited with the
secretary that were used in carrying out this article, and for any
legal expenses and costs incurred in establishing the council.

(d) After approval by the Commercial Salmon Trollers Advisory
Committee created pursuant to Section 7862 of the Fish and Game
Code, the Department of Fish and Wildlife may expend funds
collected pursuant to Section 7861 of the Fish and Game Code,
for payment to the Secretary of Food and Agriculture to pay
necessary costs incurred in conducting the implementation
referendum vote. If the commercial salmon vessel operators who
voted in the implementation referendum voted in favor of
implementing this article, as provided in Section 76952, the council
shall reimburse the Commercial Salmon Stamp Account in the
Fish and Game Preservation Fund all amounts received from that
fund.

begin insert 76954. end insert   

Nonreceipt of a ballot shall not invalidate a referendum.

begin insert 76955. end insert   

(a) If the secretary finds that a favorable vote has been
given, the secretary shall so certify and give notice of the favorable
vote to all commercial salmon vessel operators whose names and
addresses may be on file with the secretary.

(b) If the secretary finds that a favorable vote has not been
given, the secretary shall so certify and declare all provisions of
this chapter inoperative.

end insert

begin insert

begin insert SEC. 40. end insert   

end insert

begin insert Article 9.5 (commencing with Section 76961) is added
to Chapter 16 of Part 2 of Division 22 of the end insert begin insert Food and Agricultural
Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 9.5. end insert   Implementation and Voting Procedure for Handlers

 

begin insert 76961. end insert   

On or before___, the secretary shall establish a list of
handlers eligible to vote on whether they shall be subject to this
chapter. In establishing the list, the secretary may require that
handlers provide receipts of the quantity of salmon received from
commercial salmon vessel operators in the previous season. The
secretary may also request the assistance of the Director of Fish
and Wildlife in compiling the list. The request for the information
shall be in writing and shall be subject to the confidentiality
provisions of Section 8022 of the Fish and Game Code. The list
shall be filed within 30 days following receipt of the written notice.

begin insert 76962. end insert   

Any handler whose name does not appear upon the
secretary’s list of handlers may have his or her name established
on the list by filing with the secretary a signed statement,
identifying himself or herself as a handler. Failure to be on the
list does not exempt a handler from paying assessments under this
chapter.

begin insert 76963. end insert   

This chapter shall not apply to handlers until the
secretary finds in a referendum conducted by the secretary under
this article that at least 40 percent of the total number of handlers
from the list established by the secretary have participated by
voting in the referendum, and the secretary finds either of the
following:

(a) Sixty-five percent or more of the handlers who voted in the
referendum voted in favor of being subject to this chapter, and the
handlers who voted in the referendum handled 51 percent or more
of the total quantity of salmon landed in the preceding fiscal year
by all the handlers who voted in the referendum.

(b) Fifty-one percent of the handlers who voted in the
referendum voted in favor of being subject to this chapter, and the
handlers who voted in the referendum marketed 65 percent or
more of the total quantity of salmon landed in the preceding fiscal
year by all of the handlers who voted in the referendum.

begin insert 76964. end insert   

The secretary shall establish a period in which to
conduct the referendum that shall not be more than 60 days in
duration, and may prescribe additional procedures as may be
necessary to conduct the referendum. If the initial period
established is less than 30 days, the secretary may extend that
period. However, the total referendum period may not exceed 60
days.

begin insert 76965. end insert   

(a) Before the referendum vote is conducted by the
secretary, the proponents of this article shall deposit with the
secretary the amount that the secretary determines is necessary
to defray the expenses of preparing the necessary lists and
information and conducting the referendum vote.

(b) Any funds not used in carrying out this article shall be
returned to the proponents of this article who deposited the funds
with the secretary.

(c) Upon passage of the referendum, the council may reimburse
the proponents of this article for any funds deposited with the
secretary that were used in carrying out this article, and for any
legal expenses and costs incurred in approval of this article.

begin insert 76966. end insert   

Nonreceipt of a ballot shall not invalidate a referendum.

begin insert 76967. end insert   

(a) If the secretary finds that a favorable vote has been
given, the secretary shall so certify and give notice of the favorable
vote to all handlers whose names and addresses may be on file
with the secretary.

(b) If the secretary finds that a favorable vote has not been
given, the secretary shall so certify and declare this article
inoperative.

end insert

begin insert

begin insert SEC. 41. end insert   

end insert

begin insert Article 10 (commencing with Section 76971) is added
to Chapter 16 of Part 2 of Division 22 of the end insert begin insert Food and Agricultural
Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 10. end insert   Continuation

 

begin insert 76971. end insert   

(a) Between January 1, 2019, and February 28, 2019,
and in the same period each five years thereafter, the secretary
shall, by the public hearing procedure, and if appropriate, the
procedure specified in this article, determine whether the council
program provided for in this chapter shall continue in effect.

(b) If the secretary finds from evidence received at the hearing
that a substantial question exists as to whether the council program
is contrary to or does not effectuate the declared purposes or
provisions of this chapter or receives in writing a referendum
petition with the signatures of 25 percent or more of the number
of commercial salmon vessel operators who made landings in the
previous year, as evidenced by receipts prepared under Section
8043 of the Fish and Game Code, and, if applicable, 25 percent
or more of the handlers who are subject to this chapter, the council
program shall be submitted to referendum as provided in this
article.

begin insert 76972. end insert   

If the secretary determines that a referendum procedure
is appropriate, the secretary shall establish a referendum period
of not to exceed 30 days during which period ballots shall be
submitted to every commercial salmon vessel operator and, if
applicable, every handler subject to this chapter on a statewide
basis. If the secretary determines that the referendum period does
not provide sufficient time for the balloting, the secretary may
extend the referendum for an additional period not to exceed 30
days. The ballots shall provide a “yes” or “no” voting alternative
to the following question: “Shall the California Salmon Council
be continued for the next five fiscal years commencing April 1,
following this referendum?”

begin insert 76973. end insert   

If the council program is submitted to a referendum as
provided in this article, the secretary shall find that commercial
salmon vessel operators and, if applicable, handlers subject to
this chapter statewide have approved the council program if the
secretary finds either of the following:

(a) Sixty-five percent or more of the total number of commercial
salmon vessel operators and handlers, who voted in the referendum
and who harvested 51 percent or more of the total amount of
salmon landed during the previous fiscal year by all commercial
salmon vessel operators and handlers who voted in the referendum,
approve the program.

(b) Fifty-one percent or more of the total number of commercial
salmon vessel operators and handlers, who voted in the review
referendum and who harvested 65 percent or more of the total
amount of salmon landed during the previous fiscal year by all
commercial salmon vessel operators and handlers who voted in
the review referendum, approve the program.

begin insert 76974. end insert   

(a) This chapter shall continue if commercial salmon
vessel operators and handlers vote for continuation in accordance
with the requirements of this article.

(b) This chapter shall not continue in operation if commercial
salmon vessel operators and handlers vote not to continue in
accordance with the requirements of this article.

(c) If commercial salmon vessel operators vote for continuation
and handlers do not vote for continuation, or if handlers vote for
continuation and commercial salmon vessel operators do not vote
for continuation, this chapter shall continue to be operative for
the group voting for continuation and shall no longer apply to the
group voting against continuation.

end insert

begin insert

begin insert SEC. 42. end insert   

end insert

begin insert Article 11 (commencing with Section 76981) is added
to Chapter 16 of Part 2 of Division 22 of the end insert begin insert Food and Agricultural
Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 11. end insert   Termination

 

begin insert 76981. end insert   

If the commercial salmon vessel operators and the
handlers vote to terminate the council pursuant to Article 10
(commencing with Section 76971), the council shall remain in
existence for the purpose of furnishing the secretary with a
complete record of its outstanding financial obligations, accrued
and to accrue. The secretary shall pay from the money deposited
and disbursed any outstanding obligations and any obligations
incurred by the secretary and the department under the terms and
provisions of this section. Any money that remains shall be retained
by the secretary to defray the expenses of formulation, issuance,
administration, or enforcement of any subsequent program for
salmon promotion. If no such program is undertaken within a
period of three years from the date of termination of the council,
that money shall be withdrawn from the approved depository and
paid into the special account for enhancement and restoration
programs established pursuant to Section 7861 of the Fish and
Game Code.

end insert

begin insert

begin insert SEC. 43. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

Section 410 of the Food and Agricultural Code
is amended to read:

410.  

It is the intent of the Legislature that the Department of
Food and Agriculture, in cooperation with appropriate county
officials and industry representatives, develop mutually satisfactory
sources of nonstate funding to augment budget programs in the
areas of county agricultural commissioners and county sealers of
weights and measures.

end delete