SB 965: California Cattle Council.

Existing law, the California Beef Council Law, establishes the California Beef Council, comprised of 20 members and 20 alternate members appointed by the Secretary of Food and Agriculture to perform various advisory and other duties relating to the California beef industry. The California Beef Council Law establishes a $1 fee per head on each sale of cattle and calves to administer the California Beef Council Law, and requires the fee to be collected from the seller by the operator of the stockyard, live auction market, slaughterhouse, or feedlot, or from the seller along with brand inspection fees by the Bureau of Livestock Identification. Existing law also provides that the fee from the sale of calves exempt from brand inspection that is not collected in the manner specified above is required to be collected from the seller by the purchaser, for payment to the secretary.

This bill would instead require the fee from the sale of cattle or calves exempt from a brand inspection that is not collected from the seller in the manner specified above to be charged and collected from the seller in a manner determined by the Department of Food and Agriculture.

This bill would also establish the California Cattle Council Law (the law), for purposes that include to formulate and effectuate research relating to all types of California cattle production. The bill would create the California Cattle Council, which would be comprised of 11 members and 11 alternate members appointed by the secretary, as provided. The bill would provide for reimbursement of necessary traveling and other expenses incurred by council members in the performance of their duties. The bill would set forth the powers and duties of the council. The bill would provide for an assessment of $1 per head to be paid on each sale of cattle and calves to carry out the laws provisions. The bill would authorize the council to expend those funds for purposes of implementing the bill, thereby making an appropriation.

The bill would require the secretary to conduct a referendum of producers on implementation of the laws provisions and would make operation of the laws provisions, except as specified, contingent upon approval of the referendum by a majority of producers who participate in the referendum, or, if an initial referendum fails, on approval of a 2nd referendum. If the law is approved, the bill would require the secretary, 5 years after approval, and each 5 years thereafter, to hold a public hearing to determine whether the operation of the law should be continued, and, if the secretary finds that a substantial question exists on that subject, to hold a reapproval referendum. The bill would also authorize the secretary to determine that it is no longer in the best interest of the state to continue the existence of the council and the programs established and maintained pursuant to the law, would require the secretary to call a vote of the producers to determine if the council should be terminated, and would provide for suspension of the law if a majority of producers do not vote in favor of continuing the laws operation.

The bill would require any person who fails to pay, collect, or remit any fees due to be liable for administrative costs incurred by the department in enforcing these provisions. The bill would authorize the secretary, within 3 years from the date of discovery of the alleged violation, to hold a person who fails to pay, collect, or remit fees due civilly liable in an amount not to exceed $100 for each head of cattle or calves that is sold by the person. The bill would authorize a person to contest a determination of delinquent assessments or other violation and request an informal hearing presided over and conducted by a hearing officer designated by the department, as specified.

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.