BILL NUMBER: AB 958 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 4, 2015
AMENDED IN ASSEMBLY APRIL 22, 2015
INTRODUCED BY Committee on Agriculture
FEBRUARY 26, 2015
An act to amend 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, the Food and Agricultural Code, relating to salmon
marketing and development, and making a an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 958, as amended, Committee on Agriculture. California Salmon
Marketing and Development Act. Act:
California Salmon Council.
(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, commercial salmon vessel
operators, 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.
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.
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 change the composition of
the council to include 11 voting members appointed by the secretary.
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.
(2) 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.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 76535 of the Food and Agricultural Code is
amended to read:
76535. (a) "Handler" means any of the following:
(1) A processor.
(2) A receiver.
(3) A wholesaler.
(4) An exporter.
(5) 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.
(b) "Handler" does not include a commercial salmon vessel operator
who sells salmon directly to another person.
SEC. 2. Section 76600 of the Food and Agricultural Code is amended
to read:
76600. The Legislature finds and declares that this chapter is
enacted in the exercise of the power of this state for the purposes
of protecting and furthering the public health and welfare.
SEC. 3. Section 76602 of the Food and Agricultural Code is amended
to read:
76602. The Legislature declares that the purposes of this chapter
are as follows:
(a) Enable 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) Enable 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), authorize and enable the secretary to formulate and effectuate,
directly or in cooperation with other agencies, organizations,
including the Oregon Salmon Commission, and instrumentalities that
are specified in this chapter, sales stimulation and consumer or
other educational programs designed to increase the use and
consumption of salmon and salmon products for human consumption.
(d) Provide funds for the administration and enforcement of this
chapter by mandatory fees to be collected in the manner prescribed in
this chapter.
SEC. 4. Section 76604 of the Food and Agricultural Code is amended
to read:
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 this
chapter that can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are
severable.
SEC. 5. Section 76650 of the Food and Agricultural Code is amended
to read:
76650. The secretary shall administer and enforce this chapter,
and may exercise any of the administrative powers which
that 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
secretary may contract to carry out the declared intent and purposes
of this chapter.
SEC. 6. Section 76651 of the Food and Agricultural Code is amended
to read:
76651. Upon recommendation by the council, the secretary may
adopt, consistent with this chapter, any regulations that 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 secretary 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.
SEC. 7. Section 76652 of the Food and Agricultural Code is amended
to read:
76652. Upon the adoption of any regulations under this chapter, a
copy of the regulations shall be displayed on the department's
Internet Web site. No regulation shall become effective until five
days after the date of display on the Internet Web site and mailing
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 secretary and to every person who files in the
office of the secretary a written request for a copy of the
regulations.
SEC. 8. Section 76700 of the Food and Agricultural Code is amended
to read:
76700. (a) There is in the state government
the California Salmon Council. The council shall be composed of
11 nine voting members and their
alternates, and three nonvoting members.
(b) If handlers have become subject to this chapter pursuant to
Article 9.5 (commencing with Section 76961), the council shall be
composed of 11 voting members and their alternates, and three
nonvoting members.
SEC. 9. Section 76701 of the Food and Agricultural Code is amended
to read:
76701. (a) The voting members of the
council shall be appointed by the secretary, after consultation with
the Director of Fish and Wildlife, giving due consideration to proper
geographic distribution. The 11
(b) The nine members shall include:
(1) Five commercial salmon vessel operators or their
representatives, and their alternates.
(2) Two handlers who are receivers or processors or their
representatives, and their alternates.
(3) One representative of a handler who is an exporter or a
wholesaler, and an alternate.
(4) One public member, and an alternate.
(c) If handlers become subject to this
chapter pursuant to Article 9.5 (commencing with Section 76961), the
11 members shall include:
(a)
( 1) Five commercial salmon vessel operators
or their representatives, and their alternates.
(b)
( 2) Three handlers who are receivers or
processors or their representatives, and their alternates.
(c)
( 3) Two representatives of a handler who is
an exporter or a wholesaler, and their alternates.
(d)
( 4) One public member, and an alternate.
SEC. 10. Section 76702 of the Food and Agricultural Code is
amended to read:
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
secretary from a list submitted by the commercial salmon vessel
operators and handler members of the council.
SEC. 11. Section 76705 of the Food and Agricultural Code is
amended to read:
76705. Any vacancy in the membership of the council that occurs
during the unexpired term shall be filled by the secretary 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.
SEC. 12. Section 76706 of the Food and Agricultural Code is
amended to read:
76706. The secretary may remove any member of the council or
alternate for cause, and, upon that removal, there is a vacancy that
shall be filled in the manner as provided for the unexpired term in
Section 76705.
SEC. 13. Section 76707 of the Food and Agricultural Code is
amended to read:
76707. The secretary 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
secretary deems appropriate requesting nominations.
SEC. 14. Section 76708 of the Food and Agricultural Code is
amended to read:
76708. (a) The notice requesting nominations shall indicate that
nominations shall be mailed or sent electronically to the secretary
at his or her office in Sacramento and that the secretary shall
consider nominations sent electronically or 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.
SEC. 15. Section 76709 of the Food and Agricultural Code is
amended to read:
76709. The nonvoting members of the council shall be
representatives of the following agencies, as selected by the
secretary:
(a) The department.
(b) The Department of Fish and Wildlife.
(c) The California Sea Grant Program.
SEC. 16. Section 76712 of the Food and Agricultural Code is
amended to read:
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.
(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.
SEC. 17. Section 76714 of the Food and Agricultural Code is
amended to read:
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 voting member.
SEC. 18. Section 76715 of the Food and Agricultural Code is
amended to read:
76715. No member of the council, except members of the executive
committee, shall receive compensation for more than three days'
service per month. The chair may receive compensation for not more
than seven days per month.
SEC. 19. Section 76716 of the Food and Agricultural Code is
amended to read:
76716. The secretary may require any employee or agent of the
council to give a fidelity bond, executed by a surety company that is
authorized to do business in this state, in favor of the secretary,
in the sum, and containing any terms and conditions, that the
secretary may prescribe. The cost of the fidelity bonds of employees
or agents of the council shall be paid from the funds that are
collected pursuant to this chapter.
SEC. 20. Section 76717 of the Food and Agricultural Code is
amended to read:
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 that arise out of the administration and
enforcement of this chapter are payable only from funds that are
collected pursuant to this chapter.
SEC. 21. Section 76718 of the Food and Agricultural Code is
amended to read:
76718. An alternate member of the council shall sit as a voting
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 voting 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.
SEC. 22. Section 76750 of the Food and Agricultural Code is
amended to read:
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) Recommend to the secretary administrative regulations that
relate to the administration and enforcement of this chapter.
(b) Investigate all matters that affect the administration of this
chapter, and to report violations of this chapter to the secretary.
(c) Employ 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) Contract 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) Establish offices and incur expenses incidental thereto.
(f) Make 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) Cooperate 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 Commission, and instrumentalities that are 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) Recommend 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, cooperate with organizations of
recognized professional standing that are adequately equipped with
facilities for the research that is contemplated.
(h) Recommend 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) Receive, invest, and disburse funds pursuant to Article 8
(commencing with Section 76900).
(2) Allocate 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) Present facts to, and negotiate with, state, federal, and
foreign agencies on matters that affect this chapter.
SEC. 23. Section 76800 of the Food and Agricultural Code is
amended to read:
76800. The secretary shall conduct, or may cause the council to
conduct, programs of education, research, or public information, that
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 that 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 that
are employed in harvesting, processing, manufacturing,
marketing, and distributing salmon and salmon products in order to
comply with the sanitary and other regulations which
that are imposed by municipalities, this state,
and the United States.
(d) Gather and disseminate information regarding the high
standards which that are observed and
imposed to insure ensure 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 that
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 that 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.
SEC. 24. Section 76851 of the Food and Agricultural Code is
amended to read:
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 Wildlife may, in consultation
with the secretary, 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
Wildlife, the secretary 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.
SEC. 25. Section 76852 of the Food and Agricultural Code is
amended to read:
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 secretary, 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.
SEC. 26. Section 76900 of the Food and Agricultural Code is
amended to read:
76900. Programs and administration of the activities that are
conducted pursuant to this chapter shall be funded as follows:
(a) Every fisherman who sells salmon to any person, shall pay a
fee, as specified in this article, 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 secretary, 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
secretary by the fisherman.
(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.
SEC. 27. Section 76901 of the Food and Agricultural Code is
amended to read:
76901. Consistent with Section 8041 of the Fish and Game Code,
the following persons shall remit the fees required by subdivision
(a) of Section 76900 to the secretary:
(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.
SEC. 28. Section 76901.5 of the Food and Agricultural Code is
amended to read:
76901.5. (a) Each person who is required by this chapter to
collect a fee from fishermen or pay a fee as a handler shall maintain
a complete and accurate record of all transactions subject to the
fee. These records shall contain any information required by the
secretary 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 secretary or the secretary's duly
authorized agent.
(b) Any information obtained by the secretary or the secretary's
duly authorized agent from inspection or audit of records shall be
confidential and shall not be disclosed except when required by a
court order after a hearing in a judicial proceeding.
SEC. 29. Section 76903 of the Food and Agricultural Code is
amended to read:
76903. The fees imposed under this article shall be paid monthly
to the secretary 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 secretary 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.
SEC. 30. Section 76904 of the Food and Agricultural Code is
amended to read:
76904. Sections 8058 to 8070, inclusive, of the Fish and Game
Code apply to claims for overpayment of fees to the secretary. 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.
SEC. 31. Section 76904.5 of the Food and Agricultural Code is
amended to read:
76904.5. The secretary may consult with and enter into agreements
with the Director of Fish and Wildlife 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 secretary shall reimburse the Department of Fish and
Wildlife for administrative costs associated with this chapter.
SEC. 32. Section 76905 of the Food and Agricultural Code is
amended to read:
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 secretary 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 Wildlife,
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, the council
shall conduct a vote of persons on the secretary's lists established
pursuant to Article 9 (commencing with Section 76950) and , if
applicable, Article 9.5 (commencing with Section 76961). The
secretary may not increase any fee without a majority approval of the
voting members of the council.
SEC. 33. Section 76906 of the Food and Agricultural Code is
amended to read:
76906. (a) All money that is collected by the secretary 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 secretary or the
council only for the necessary expenses that are incurred by the
council and the secretary in carrying out 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 that are
prescribed by the secretary. The expenditure of the money is exempt
from Section Sections 925.6 and 16304
of the Government Code.
(b) All expenditures by the council and the secretary shall be
audited at least once every two years by one of the following means:
(1) By contract with a certified public account.
accountant.
(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.
SEC. 34. Section 76907 of the Food and Agricultural Code is
amended to read:
76907. Money that 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 that
are determined by the secretary to be available for investment
pursuant to Section 58939. Any increment that 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 that is collected for it pursuant to this
chapter.
SEC. 35. Section 76908 of the Food and Agricultural Code is
amended to read:
76908. The secretary, after consultation with the council, shall
prepare an annual budget that sets forth in reasonable detail the
proposed expenditures
that the secretary deems necessary for the performance by him or her
and by the department of the duties that are imposed upon them by
this chapter. The secretary shall also prepare and submit to the
council an annual statement, in reasonable detail, of the secretary's
expenditures pursuant to this chapter.
SEC. 36. Section 76909 of the Food and Agricultural Code is
amended to read:
76909. The secretary may receive funds in amounts that may be
reasonable and necessary to defray the initial expenses in making
effective this chapter. The secretary shall reimburse those persons
from whom those funds are received in the amounts received from any
funds which that are received by the
secretary pursuant to this article.
SEC. 37. Section 76910 of the Food and Agricultural Code is
amended to read:
76910. The secretary 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.
SEC. 38. Article 9 (commencing with Section 76950) of Chapter 16
of Part 2 of Division 22 of the Food and Agricultural Code is
repealed.
SEC. 39. Article 9 (commencing with Section 76950) is added to
Chapter 16 of Part 2 of Division 22 of the Food and Agricultural
Code, to read:
Article 9. Implementation and Voting Procedure for Fishermen
76950. 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.
76951. 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.
76952. This chapter, except as necessary to conduct an
implementation referendum vote under this article
article, shall not become operative until the secretary
finds in an implementation referendum conducted by the secretary
under this article, 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.
76953. The secretary shall establish a period in which to conduct
the implementation referendum which 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.
76953.5. (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.
76954. Nonreceipt of a ballot shall not invalidate a referendum.
76955. (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.
SEC. 40. Article 9.5 (commencing with Section 76961) is added to
Chapter 16 of Part 2 of Division 22 of the Food and Agricultural
Code, to read:
Article 9.5. Implementation and Voting Procedure for Handlers
76961. On or before ___, January 31,
2016, 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.
76962. 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.
76963. 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.
76964. 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.
76965. (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.
76966. Nonreceipt of a ballot shall not invalidate a referendum.
76967. (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.
SEC. 41. Article 10 (commencing with Section 76971) is added to
Chapter 16 of Part 2 of Division 22 of the Food and Agricultural
Code, to read:
Article 10. Continuation
76971. (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.
76972. 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?"
76973. 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.
76974. (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.
SEC. 42. Article 11 (commencing with Section 76981) is added to
Chapter 16 of Part 2 of Division 22 of the Food and Agricultural
Code, to read:
Article 11. Termination
76981. 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.
SEC. 43. 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.