BILL NUMBER: AB 1976 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 19, 2016
AMENDED IN SENATE JUNE 22, 2016
AMENDED IN SENATE JUNE 13, 2016
INTRODUCED BY Assembly Members Irwin and Williams
FEBRUARY 16, 2016
An act to amend Sections 67039, 67051, 67052, 67052.3,
67053, 67054, 67059, 67081, and 67132 of, to add Sections 58853 and
63906 to, and to repeal Section 67051.1 of, the Food and Agricultural
Code, relating to food and agriculture.
LEGISLATIVE COUNSEL'S DIGEST
AB 1976, as amended, Irwin. Food and agriculture: marketing
advisory and promotional boards, councils, and commissions.
Existing law establishes the California Avocado Commission within
the state government, and requires the commission to establish no
fewer than 3 districts and no more than 5 districts within the state,
each representing approximately the same percentage of avocado
production in California. Existing law requires the commission to
consist of a specified number of producers who are not handlers,
based on the number of districts the commission establishes, 4
handlers who are elected on a statewide basis, one public member, and
the Secretary of Food and Agriculture, and requires there to be 2
alternate handler members. Existing law requires a vacancy of a
member position on the commission to be filled by the alternate
member. Existing law authorizes certain handlers who handle a
specified percentage of volume of avocados to appoint one handler
member to the commission and the other handlers to nominate and elect
the remaining handler members.
This bill would instead require a vacancy of a member position be
filled by a majority vote of the commission. The bill would decrease
the number of handlers on the commission to 2 members and the number
of alternate handler members to one member. The bill would remove the
authorization for the specified handlers to
appoint a handler member.
Existing law requires producer members and alternate producer
members, at the time of the election, to have a financial interest in
producing, or causing to be produced, avocados for market within the
district in which the producer stands for election. Existing law
prohibits a producer who chooses to stand for election in a
particular district from standing for election in any other district
for a period of 4 years from the date of his or her most recent
election to the commission.
This bill would delete this prohibition on the producer. The
bill would specify that, for these purposes, a producer or grower
would not include a person who has an average annual production of
less than 10,000 pounds of avocados in the three preceding marketing
years. The bill would require that, to be nominated and elected to
the commission, a handler or alternate handler handle no less than 1%
of the total industry volume of avocados in the preceding marketing
year.
Existing law provides that a quorum of the commission is 11 voting
members if the commission consists of 3 or 5 districts, and is 10
voting members if the commission consists of 4 districts. Existing
law authorizes the commission to recommend to the secretary that the
operations of the commission be suspended upon a specified finding of
11 voting members if the commission consists of 3 or 5 districts, or
10 voting members if the commission consists of 4 districts.
This bill would instead provide that a quorum of the commission is
9 voting members if the commission consists of 3 or 4 districts, and
is 10 voting members if the commission consists of 5 districts. The
bill would make a similar change to the authorization of the
commission to recommend suspension.
suspension of its operations.
Existing law requires the secretary to establish a list of
producers in each district and, in establishing the lists, requires
handlers to file, within 90 days following receipt of a written
request by the secretary, certain information about each producer
from whom the handler purchased or handled avocados.
This bill would require handlers to file the information,
including the grove location of each producer instead of district
numbers, within 60 days.
Existing law, the California Marketing Act of 1937, authorizes the
Secretary of Food and Agriculture to issue marketing orders which
regulate producer marketing, the processing, distributing, or
handling in any manner of any commodity by any and all persons that
are engaged in the producer marketing, processing, distributing, or
handling of the commodity within this state. The act requires that
any marketing order issued pursuant to the act provide for the
establishment of an advisory board to assist the secretary in the
administration of any marketing order, as prescribed. Existing law
also establishes various commissions and councils to advance the
interests of the state's agricultural and seafood industries to
provide benefit to the entire industry and all the people of this
state.
Existing law, the Bagley-Keene Open Meeting Act, requires, with
specified exceptions, that all meetings of a state body, as defined,
be open and public and all persons be permitted to attend any meeting
of a state body. Existing law requires a state body subject to the
open meeting requirements of the act that conducts a meeting or
proceeding by teleconference to post agendas at all teleconference
locations and requires each teleconference location to be accessible
to the public. The act also requires the state body to provide an
opportunity for members of the public to address the state body
directly from any teleconference location.
This bill would provide that require that,
for a meeting held by teleconference by a marketing order
advisory board or an agricultural or seafood industry council or
commission does not require the identification of the
location of teleconference participants. commission, a
member of the advisory board, council, or commission participating
by teleconference be listed in the minutes of the meeting and would
require the member to provide notice of his or her participation by
teleconference at least 24 hours before the meeting. The bill would
require the advisory board, council, or commission to designate a
primary physical meeting location and would require at least one
member of the advisory board, council, or commission to be in
attendance at the primary physical meeting location. The bill would
require the teleconference phone number and other
specified information to be included in the agenda and would require
the agenda to be open to the public. The bill would require the
advisory board, council, or commission to adopt certain
teleconferencing guidelines prior to holding a meeting by
teleconference.
Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
This bill would make legislative findings to that effect.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds that this bill is
necessary because of the unique circumstances affecting members of
entities authorized in Division 21 (commencing with Section 58001)
and Division 22 (commencing with Section 63901) of the Food and
Agricultural Code as a result of involvement in the production,
processing, or handling of agricultural products.
SECTION 1. SEC. 2. Section 58853 is
added to the Food and Agricultural Code, to read:
58853. (a) Notwithstanding Section 11123 of
the Government Code, all of the following shall apply to
a meeting held by teleconference under this chapter by an advisory
board does not require the identification of the location of
teleconference participants. board:
(1) A member of the advisory board participating by teleconference
shall be listed in the minutes of the meeting and shall provide
notice of his or her participation by teleconference at least 24
hours before the meeting.
(2) The advisory board shall designate a primary physical meeting
location where participants may physically attend the meeting and
participate. At least one member of the advisory board shall be in
attendance at the primary physical meeting location.
(3) The teleconference phone number, and, if applicable, the
Internet Web site or other information indicating how the public can
access the meeting remotely, shall be included in the agenda, which
shall be available to the public.
(b) Nothing in this section shall exempt the advisory board from
providing information regarding the physical location of an advisory
board meeting or any teleconference participation information,
including the identity of an advisory board member who might be
participating by teleconference.
(c) Prior to holding a meeting by teleconference pursuant to this
section, the advisory board shall adopt teleconferencing guidelines
to address issues that include, but are not limited to, cancellations
as a result of technical difficulties, ensuring transparency, and
public participation.
SEC. 2. SEC. 3. Section 63906 is
added to the Food and Agricultural Code, to read:
63906. (a) Notwithstanding Section 11123 of
the Government Code, all of the following shall apply to
a meeting held by teleconference under this division by a commission
or council does not require the identification of the
location of teleconference participants. council:
(1) A member of the commission or council participating by
teleconference shall be listed in the minutes of the meeting and
shall provide notice of his or her participation by teleconference at
least 24 hours before the meeting.
(2) The commission or council shall designate a primary physical
meeting location where participants may physically attend the meeting
and participate. At least one member of the commission or council
shall be in attendance at the primary physical meeting location.
(3) The teleconference phone number, and, if applicable, the
Internet Web site or other information indicating how the public can
access the meeting remotely, shall be included in the agenda, which
shall be available to the public.
(b) Nothing in this section shall exempt the commission or council
from providing information regarding the physical location of a
commission or council meeting or any teleconference participation
information, including the identity of a commission or council member
who might be participating by teleconference.
(c) Prior to holding a meeting by teleconference pursuant to this
section, the commission or council shall adopt teleconferencing
guidelines to address issues that include, but are not limited to,
cancellations as a result of technical difficulties, ensuring
transparency, and public participation.
SEC. 4. Section 67039 of the Food and
Agricultural Code is amended to read:
67039. "Producer" or "grower" means any person who is engaged
within this state in the business of producing, or causing to be
produced, avocados for market. "Producer" or "grower" does not
include any person who has an average annual production of less than
10,000 pounds of avocados in the three preceding marketing years.
SEC. 3. SEC. 5. Section 67051 of the
Food and Agricultural Code is amended to read:
67051. (a) There is in the state government the California
Avocado Commission.
(b) The commission shall be composed of the following members:
(1) (A) If the commission consists of three districts, nine
producers who are not handlers, three elected from each district.
(B) If the commission consists of four districts, eight producers
who are not handlers, two elected from each district.
(C) If the commission consists of five districts, 10 producers who
are not handlers, two elected from each district.
(2) Two avocado handlers elected on a statewide basis.
(3) One public member who shall be appointed to the commission by
the secretary from nominees recommended by the commission.
(4) The secretary who shall be a nonvoting ex officio member of
the commission.
SEC. 4. SEC. 6. Section 67051.1 of
the Food and Agricultural Code is repealed.
SEC. 5. SEC. 7. Section 67052 of the
Food and Agricultural Code is amended to read:
67052. (a) Each district shall have one alternate producer
member, to be elected in the same manner as producer members.
(b) The alternate producer member shall, in the absence of a
producer member from the same district, sit in place of the absent
producer member on the commission and shall have, and be able to
exercise, all the rights, privileges, and powers of the producer
member when sitting on the commission.
SEC. 6. SEC. 8. Section 67052.3 of
the Food and Agricultural Code is amended to read:
67052.3. (a) There shall be one alternate handler member to be
elected in the same manner as the handler members.
(b) The alternate handler member shall, in the absence of a
handler member, sit in place of the absent handler member on the
commission and shall have, and be able to exercise, all the rights,
privileges, and powers of the handler member when sitting on the
commission.
SEC. 7. SEC. 9. Section 67053 of the
Food and Agricultural Code is amended to read:
67053. (a) Any vacancy on the commission occurring by the failure
of any person elected to the commission as a member or alternate
member to continue in his or her position due to a change in status
making him or her ineligible to serve, or through death, removal, or
resignation, shall be filled, for the unexpired portion of the term,
by a majority vote of the commission. (b)
(b) Any person filling a vacant member or alternate
member position shall meet all the qualifications set forth in this
article as required for the member whose office he or she is to fill.
SEC. 8. SEC. 10. Section 67054 of
the Food and Agricultural Code is amended to read:
67054. (a) Producer members and alternate producer members on the
commission shall have a financial interest in producing, or causing
to be produced, avocados for market. In order to be elected a member
or alternate member, a producer shall, at the time of the election,
have a financial interest in the production of avocados within the
district in which the producer stands for election.
(b) A producer may stand for election in any district in which the
producer has a financial interest in the production of avocados.
(c) Handler members and the alternate handler members shall have a
financial interest in handling avocados for markets. To be
nominated and elected, a handler or alternate handler shall handle no
less than 1 percent of the total industry volume of avocados in the
preceding marketing year. Any handler elected to the commission
pursuant to this section shall be required to maintain his or her
eligibility under this section during his or her entire term of
office.
(d) The public member shall not have any financial interest in the
avocado industry. Except for the nomination of another public
member, the public member and his or her alternate member on the
commission shall have all the powers, rights, and privileges of any
other member on the commission.
SEC. 9. SEC. 11. Section 67059 of
the Food and Agricultural Code is amended to read:
67059. Unless otherwise specified, a quorum of the commission
shall be any nine voting members if the commission consists of three
or four districts and any 10 voting members if the commission
consists of five districts. The vote of a majority of members present
at a meeting at which there is a quorum shall constitute the act of
the commission.
SEC. 10. SEC. 12. Section 67081 of
the Food and Agricultural Code is amended to read:
67081. (a) The secretary shall establish a list of producers in
each district. In establishing the lists, the secretary shall require
that handlers in the state submit the names, mailing addresses,
grove location, and handled volume of each producer from whom they
purchased or handled avocados in the preceding marketing season. The
request for information from handlers shall be in writing and shall
be filed by the handlers within 60 days following receipt of the
written request.
(b) Any producer of avocados whose name does not appear upon the
secretary's list of producers may have his or her name established on
the list by filing with the commission a signed statement,
identifying himself or herself as a producer. Failure to be on the
list does not exempt the producer from paying assessments under this
chapter.
SEC. 11. SEC. 13. Section 67132 of
the Food and Agricultural Code is amended to read:
67132. Upon the finding of nine voting members of the commission
if the commission consists of three or four districts, or of 10
voting members of the commission if the commission consists of five
districts, that this chapter has not tended to effectuate its
declared purposes, the commission may recommend to the secretary that
the operations of the commission shall be suspended, provided that
the suspension shall not become effective until the expiration of the
current marketing season. The secretary shall, upon receipt of the
recommendation, or upon a petition filed with him or her requesting
the suspension, signed by 15 percent of the producers by number who
produced not less than 15 percent of the volume in the immediately
preceding year, cause a referendum to be conducted among the listed
producers to determine if the operation of this chapter and the
operations of the commission shall be suspended, and shall establish
a referendum period, which shall not be less than 10 days nor more
than 60 days in duration. The secretary is authorized to prescribe
any additional procedure necessary to conduct the referendum. At the
close of the established referendum period, the secretary shall
tabulate the ballots filed during the period. If at least 40 percent
of the total number of producers, on a list established by the
secretary marketing 40 percent of the total volume marketed by all
producers during the last completed marketing season, participate in
the referendum, the secretary shall suspend this chapter upon the
expiration of the current marketing season, if he or she finds either
one of the following:
(a) Sixty-five percent or more of the producers who voted in the
referendum voted in favor of the suspension, and the producers so
voting marketed 51 percent or more of the total quantity of avocados
marketed in the preceding marketing season by all of the producers
who voted in the referendum.
(b) Fifty-one percent or more of the producers who voted in the
referendum voted in favor of suspension, and the producers so voting
marketed 65 percent or more of the total quantity of avocados
marketed in the preceding season by all of the producers who voted in
the referendum.
SEC. 12. SEC. 14. The Legislature
finds and declares that Sections 1 2
and 2 3 of this act, which add Sections
58853 and 63906 to the Food and Agricultural Code, impose a
limitation on the public's right of access to the meetings of public
bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes the
following findings to demonstrate the interest protected by these
limitations and the need for protecting that interest:
In order for food and agriculture marketing order advisory boards
and agricultural and seafood industry councils and commissions to
hold meetings and make timely decisions, it is in the state's
interest to revise the requirements for teleconferences for these
boards, councils, and commissions in order to encourage participation
by directors. Many of these directors are located in remote
locations in the state that are difficult for the public to access
and the directors may need to participate from a nonstationary
location.