California Assembly Bill AB1976 Introduced / Bill

 BILL NUMBER: AB 1976INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Irwin FEBRUARY 16, 2016 An act to amend Sections 67051, 67052, 67052.3, 67059, 67081, and 67132 of the Food and Agriculture Code, relating to avocados. LEGISLATIVE COUNSEL'S DIGEST AB 1976, as introduced, Irwin. California Avocado Commission. 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. This bill would decrease the number of handlers on the commission to 2 members and the number of alternate handler members to one member. 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. 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. 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. 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)  Four   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. 2. 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. 3. Section 67052.3 of the Food and Agricultural Code is amended to read: 67052.3. (a) There shall be  two   one  alternate handler  members   member  to be elected in the same manner as the handler members.  (b) Each alternate handler member shall be assigned to serve as the alternate to two handler members in accordance with commission election procedures.   (c) An   (b)     The  alternate handler member shall, in the absence of  an assigned   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. 4. Section 67059 of the Food and Agricultural Code is amended to read: 67059. Unless otherwise specified, a quorum of the commission shall be any  11   nine  voting members if the commission consists of three or  five   four  districts and any 10 voting members if the commission consists of  four   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. 5. 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,  district numbers   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  90   60  days following receipt of the written request.  Any   (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. 6. Section 67132 of the Food and Agricultural Code is amended to read: 67132. Upon the finding of  11   nine voting members of the commission if the commission consists of three or  five  four  districts, or of 10 voting members of the commission if the commission consists of  four   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.