AB 1976: Food and agriculture: marketing advisory and promotional boards, councils, and commissions.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-09-22
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 that 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 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 3 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 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 states 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 require that, for a meeting held by teleconference by a marketing order advisory board or an agricultural or seafood industry council or 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.
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 that 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 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 3 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 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 states 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 require that, for a meeting held by teleconference by a marketing order advisory board or an agricultural or seafood industry council or 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.
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 states 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.
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.
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.
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 states 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 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.
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.
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.
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.
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.
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.
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:
(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. 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:
(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. 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. 6.Section 67051.1 of the Food and Agricultural Code is repealed.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. 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. 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)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. 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. 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. 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 secretarys 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. 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. 14.The Legislature finds and declares that Sections 2 and 3 of this act, which add Sections 58853 and 63906 to the Food and Agricultural Code, impose a limitation on the publics 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 states 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.
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.
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:
(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. 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:
(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. 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. 6.Section 67051.1 of the Food and Agricultural Code is repealed.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. 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. 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)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. 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. 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. 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 secretarys 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. 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. 14.The Legislature finds and declares that Sections 2 and 3 of this act, which add Sections 58853 and 63906 to the Food and Agricultural Code, impose a limitation on the publics 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 states 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.
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 secretarys 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 publics 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 states 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.
Notwithstanding Section 11123 of the Government Code, a meeting held by teleconference under this chapter by an advisory board does not require the identification of the location of teleconference participants.
SEC. 2.Section 63906 is added to the Food and Agricultural Code, to read:63906.Notwithstanding Section 11123 of the Government Code, a meeting held by teleconference under this division by a commission or council does not require the identification of the location of teleconference participants.
SECTION 1.SEC. 3.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. 2.SEC. 4.Section 67051.1 of the Food and Agricultural Code is repealed.SEC. 3.SEC. 5.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. 4.SEC. 6.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. 5.SEC. 7.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)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. 6.SEC. 8.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.
(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. 7.SEC. 9.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. 8.SEC. 10.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 secretarys 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. 9.SEC. 11.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.The Legislature finds and declares that Sections 1 and 2 of this act, which add Sections 58853 and 63906 to the Food and Agricultural Code, impose a limitation on the publics 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 states 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.
(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. 2.Section 67051.1 of the Food and Agricultural Code is repealed.67051.1.Notwithstanding Section 67051, any handler that handles 30 percent or more of the volume of avocados in the preceding marketing season, as annually determined by the secretary, may appoint one handler member to the commission. All other handlers shall nominate and elect the remaining handler members pursuant to this chapter. Any handler appointed to the commission pursuant to this section shall maintain his or her eligibility under this section during the entire term of office. Any vacancy caused by the ineligibility of the handler shall be filled in accordance with Section 67053.
SEC. 2.SEC. 3.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.SEC. 4.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. 5.Section 67053 of the Food and Agricultural Code is amended to read:67053.(a)Any vacancy of a member position on the commission occurring for any reason including 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 the alternate member for that position.
(b)Any vacancy of an alternate member position on the commission occurring for any reason, including the alternates move to the member position or the failure of any 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 a majority vote of the commission.
(c)
(b)Any person filling a vacant member or alternate member position shall fulfill meet all the qualifications set forth in this article as required for the member or alternate member. whose office he or she is to fill.
SEC. 6.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)A producer who chooses to stand for election in a particular district shall not stand for election in any other district for a period of four years from the date of his or her most recent election to the commission. However, this subdivision does not apply in an election to fill vacancies created by the reapportionment of districts pursuant to Section 67042.
(d)
(c)Handler members and the alternate handler members shall have a financial interest in handling avocados for markets.
(e)
(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. 4.SEC. 7.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. 5.SEC. 8.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 secretarys 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.SEC. 9.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.
(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 secretarys 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.
|
Date
|
Status
|
|---|---|
| Jun 22, 2016 | Read second time and amended. Re-referred to Com. on APPR. |
| Sep 9, 2016 | Enrolled and presented to the Governor at 2:30 p.m. |
| Aug 31, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 31, 2016 | From committee: That the Senate amendments be concurred in. (Ayes 18. Noes 0.) (August 30). |
| Aug 31, 2016 | Assembly Rule 63 suspended. |
| Aug 25, 2016 | Re-referred to Com. on G.O. pursuant to Assembly Rule 77.2. |
| Aug 24, 2016 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77. |
| Aug 23, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5284.). |
| Aug 23, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Aug 22, 2016 | Read second time. Ordered to third reading. |
| Aug 19, 2016 | Read third time and amended. Ordered to second reading. |
| Aug 2, 2016 | Read second time. Ordered to third reading. |
| Aug 1, 2016 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8. |
| Feb 16, 2016 | Read first time. To print. |
| Jun 21, 2016 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 21). |
| Jun 13, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on AGRI. |
| Apr 28, 2016 | Referred to Com. on AGRI. |
| Apr 14, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0.) |
| Apr 14, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 4361.) |
| Apr 14, 2016 | Read third time. Passed. Ordered to the Senate. |
| Apr 14, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 7, 2016 | Read second time. Ordered to Consent Calendar. |
| Apr 6, 2016 | From committee: Do pass. To Consent Calendar. (Ayes 18. Noes 0.) (April 6). |
| Mar 31, 2016 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (March 30). Re-referred to Com. on APPR. |
| Feb 25, 2016 | Referred to Com. on AGRI. |
| Feb 17, 2016 | From printer. May be heard in committee March 18. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2016 | AB 1976 IRWIN Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 30, 2016 | With recommendation: That Senate amendments be concurred in. | Assembly Standing Committee on Governmental Organization |
Passed |
|
| Aug 23, 2016 | Assembly 3rd Reading AB1976 Irwin By Jackson | Senate Floor |
Passed |
|
| Jun 21, 2016 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Agriculture |
Passed |
|
| Apr 14, 2016 | AB 1976 IRWIN Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 6, 2016 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 30, 2016 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Agriculture |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Apple Commission | ** Support | Aug 23, 2016 |
| California Avocado Commission | ** Support | Aug 23, 2016 |
| California Blueberry Commission | ** Support | Aug 23, 2016 |
| California Cut Flower Commission | ** Support | Aug 23, 2016 |
| California Date Commission | ** Support | Aug 23, 2016 |
| California Rice Commission | ** Support | Aug 23, 2016 |
| California Sheep Commission | ** Support | Aug 23, 2016 |
| California Strawberry Commission | ** Support | Aug 23, 2016 |
| California Walnut Commission | ** Support | Aug 23, 2016 |
| Olive Oil Commission of California | ** Support | Aug 23, 2016 |
(Without Reference to File)
CONCURRENCE IN SENATE AMENDMENTS
CSA2 Bill Id:AB 1976
Author:(Irwin and Williams)
As Amended Ver:August 19, 2016
Majority vote
ASSEMBLY: | 76-0 | (April 14, 2016) | SENATE: | 39-0 | (August 23, 2016) |
COMMITTEE VOTE: | 18-0 | (August 30, 2016) | RECOMMENDATION: | concur |
(G.O.)
Original Committee Reference: G.O.
SUMMARY: Makes several changes to California Avocado Commission (CAC) and the Bagley-Keene Open Meeting Act (Bagley-Keene). Specifically, this bill:
- Changes from four to two the number of avocado handlers (handlers) as members of the CAC Board (Board).
- Changes from two to one the number of alternative handlers for the Board.
- Deletes provision to having alternative handler members being assigned to serve as the alternate to specific handler members.
- Lowers from 11 to nine member of the Board if there are three or four CAC districts.
- Changes information required for a list of CAC producers by deleting district numbers and adding avocado grove locations.
- Changes the time from 90 days to 60 days when the list of CAC producers needs to be sent to CDFA, upon a written request from CDFA.
The Senate amendments:
- Change the Bagley-Keene open meeting act teleconferencing for agricultural marketing and advisory boards, commissions and councils (advisory board) from requiring a physical location for each board member participating by teleconference to be noticed and open to the public to the following:
- Require any member of the advisory board that participates by teleconference be listed in the minutes of the meeting and provide at least 24 hour notice prior to the meeting;
- Require, for an advisory board having a teleconference meeting to provide a primary physical location of the advisory board meeting open to the public;
- Require at least one member of the commission or council shall be in attendance at the primary physical meeting location.
- Require, for an advisory board having a teleconference meeting, the meeting agenda to contain the teleconference phone number, Web site or other information that grant the public access to the meeting;
- State that this section does not exempt the advisory board from providing information for physical location of meeting and any teleconferencing participation information, as specified; and,
- Require the advisory board, prior to a teleconference meeting, to adopt teleconference guidelines that include, but are not limited to, cancellation due to technical issues, ensuring transparency, and public access.
- Make technical and clarifying amendments related to the election of handlers and their alternates for CAC.
- Exempt from the definition of avocado producer or grower, persons who produced less than an annual average of 10,000 pounds of avocado annually in the last three years.
- Require handlers who are nominated and elected to CAC to have handled at least 1% of the total volume of industry avocados in the previous year and require, once elected, the handlers maintain these eligibility requirements.
- Make findings and declarations that it is in the state's interest to revise the requirements for teleconferences of the Bagley-Keene for these boards, councils, and commissions in order to encourage participation by directors.
EXISTING LAW:
- Requires that all meetings of a state body be conducted openly and allow all persons to attend any meeting, with exceptions.
- Permits a state body from holding a meeting by teleconference if, among other conditions, each teleconference location is identified in the notice and agenda of the meeting.
- Establishes the CAC, composed of 10 producers and four handlers elected by the industry and one public member appointed by CDFA.
- Divides California into five districts representing approximately 20% of the avocado production.
- Provides for CAC membership, voting procedures, duties and powers, assessment rates, recordkeeping, quality standards, penalties, and referendum procedures including continuance and termination.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, this bill will incur negligible state costs.
COMMENTS:
Purpose of the Bill: According to the author: "AB 1976 makes a change to teleconference meetings for certain agricultural programs. Many members of agricultural marketing programs reside in remote locations across the state which make teleconferences great tools for conducting meetings. Current law requires a physical location to be posted for every member of the meeting. However, many members may call from a vehicle or need to move locations due to last minute emergencies. Due to the nature of these programs, this can create an undue burden for members of the commission who may not have a stable location and therefore would be in violation of the law. To ensure the public has access to the meetings and accommodate the members of these unique groups, this bill requires that one physical location be posted in the agenda for meetings with at least one member present. The bill still ensures that phone numbers be provided for public participation. This will allow members of the public to access meetings at their convenience, either in person or by phone, while taking into consideration unique difficulties facing members of these agricultural programs."
Background: When the Legislature enacted the Bagley-Keene Act of 1967 it essentially said that when a body sits down to develop its consensus, there needs to be a seat at the table reserved for the public. In doing so, the Legislature has provided the public with the ability to monitor and be part of the decision-making process. Bagley-Keene explicitly mandates open meetings for California State agencies, boards, and commissions and facilitates transparency of government activities and protects the rights of citizens to participate in state government deliberations. Therefore, absent a specific reason to keep the public out of meetings, the public should be allowed to monitor and participate in the decision-making process. Similarly, the California's Brown Act of 1953 protects citizen's rights to open meetings at the local and county government levels.
Bagley-Keene provides if a meeting is held via teleconference, it shall comply with the following requirements:
- The meeting shall be audibly accessible at the location specified in the meeting notice.
- Agendas shall be posted at all teleconference locations.
- Each teleconference location shall be identified in the notice and agenda and be accessible to the public.
- All votes shall be taken by roll call.
- At least one member shall be physically present at the location specified in the meeting notice.
By exempting agricultural state bodies from the telecommunication location requirements as stated above, this bill imposes a limitation on the public's right of access to meetings. This bill finds that these limitations are needed to protect the state's interest to encourage participation by directors, many of which are located in remote areas that are difficult for the public to access.
Commissions and Councils: There are approximately 16 active commissions and councils, all of which are governed by boards of directors and overseen by the California Department of Food and Agriculture (CDFA). These entities were created to enhance their industries by investing in promotion, advertising, education, marketing research, scientific research, and/or the creation and regulation of quality standards. Generally, commissions and councils are initiated by the industry and go into effect following an affirmative industry referendum vote and, at times, a periodic vote to reaffirm their existence. Once in effect, every member of the industry, as specified, is required to follow all laws and regulations including, but not limited to, the payment of assessment fees.
Unlike marketing orders and marketing agreements, commissions and councils are created through commodity-specific legislation. Generally, councils are advisory to CDFA and all actions are subject to CDFA approval. Commissions have greater autonomy and do not serve an advisory purpose; however, CDFA must concur with their annual budget and activities statement, and CDFA has the authority to issue cease and desist orders to commission actions that CDFA deems to not be in the public interest.
There are many other agricultural advisory boards and committees that were not created by Divisions 21 and 22 of the Food and Agricultural Code and, therefore, not included in this bill. A short list includes the Certified Farmers' Market Advisory Committee, the Fertilizer Inspection Advisory Board, the Livestock Identification Advisory Board, the Seed Advisory Board, and the State Board of Food and Agriculture. Generally, these entities advise the secretary of CDFA on issues regarding regulations rather than commodity-specific marketing and promotional activities. This bill is narrowly tailored to address only the agricultural marketing and promotional advisory boards, commissions, and councils.
Prior/Related Legislation:
SB 103 (Liu), of 2011-12. Would have made substantive changes to provisions of the Act relating to teleconference meetings. (Died Assembly Appropriations Suspense File)
SB 962 (Liu), Chapter 482, Statutes of 2010. Allowed the use of videoconferencing and teleconferencing at the court's discretion and subject to availability for prisoners to participate in court proceedings for the termination of their parental rights or the court ordered dependency petition of their child.
SB 519 (Committee on Governmental Organization), Chapter 92, Statutes of 2007. Amended the Bagley-Keene Act to authorize the calling of a special meeting to provide for an interim executive officer of a state body upon the death, incapacity, or vacancy in the office of the executive officer.
AB 277 (Mountjoy), Chapter 288, Statutes of 2005. Made permanent certain provisions authorizing closed sessions for purposes of discussing security related issues pertaining to a state body.
AB 192 (Canciamilla), Chapter 243, Statutes of 2001. Made various changes to the Bagley-keene Act, which governs meetings held by state bodies, to make it consistent with provisions of the Ralph M. Brown Act, which governs meetings of legislative bodies of local agencies.
SB 95 (Ayala), Chapter 949, Statutes of 1997. Made various changes to the Bagley-Knee Act by expanding the notice, disclosure and reporting requirements for open and closed meetings of state bodies.
Analysis Prepared by: Kenton Stanhope / G.O. / (916) 319-2531 FN: 0005011
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1976
Author:(Irwin and Williams)
As Amended Ver:August 19, 2016
Majority vote
ASSEMBLY: | 76-0 | (April 14, 2016) | SENATE: | 39-0 | (August 23, 2016) |
Original Committee Reference: AGRI.
SUMMARY: This bill would reduce the number of avocado handler (handler) members on the California Avocado Commission (CAC) and reduce the time permitted to submit producer information to the California Department of Food and Agriculture. This bill also removes the requirement to post the physical location for teleconference meetings required under the Bagley-Keene Open Meeting Act for agricultural marketing and advisory boards, commissions and councils, as specified.
The Senate amendments:
- Change the Bagley-Keene open meeting act teleconferencing for agricultural marketing and advisory boards, commissions and councils (advisory board) from requiring a physical location for each board member participating by teleconference to be noticed and open to the public to the following:
- Require any member of the advisory board that participates by teleconference be listed in the minutes of the meeting and provide at least 24 hour notice prior to the meeting;
- Require, for an advisory board having a teleconference meeting to provide a primary physical location of the advisory board meeting open to the public;
- Require, for an advisory board having a teleconference meeting, the meeting agenda to contain the teleconference phone number, Web site or other information that grant the public access to the meeting;
- State that this section does not exempt the advisory board from providing information for physical location of meeting and any teleconferencing participation information, as specified; and,
- Require the advisory board, prior to a teleconference meeting, to adopt teleconference guidelines that include, but are not limited to, cancellation due to technical issues, ensuring transparency, and public access.
- Make technical and clarifying amendments related to the election of handlers and their alternates for CAC.
- Exempt from the definition of avocado producer or grower, persons who produced less than an annual average of 10,000 pounds of avocado annually in the last three years.
- Require handlers who are nominated and elected to CAC to have handled at least 1% of the total volume of industry avocados in the previous year and require, once elected, the handlers maintain these eligibility requirements.
- Make findings and declarations that it is in the state's interest to revise the requirements for teleconferences of the Bagley-Keene Open Meeting Act for these boards, councils, and commissions in order to encourage participation by directors.
EXISTING LAW:
- 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.
- Requires a state body subject to the open meeting requirements 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.
- Requires the state body to provide an opportunity for members of the public to address the state body directly from any teleconference location.
- Provides for CAC membership and voting procedures.
AS PASSED BY THE ASSEMBLY, this bill dealt only with the adjustment to the CAC board.
FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill, as was passed out of the Assembly, has negligible fiscal impact. Costs related to the change in the Bagley-Keene Open Meeting Act are unknown.
COMMENTS: According to the author, many agricultural and seafood industry commissions and advisory boards have chosen to conduct their meetings via teleconference to ease participation by the members. Current law requires these boards to post the locations of teleconference meetings in accordance with the Bagley-Keene Open Meeting Act. Many members of these boards are in remote locations across the state and often call in from a vehicle. As the purpose of having a teleconference is to accommodate members to participate, posting a physical location creates an undue burden for the group who may not have one and therefore be in violation of the law. This bill does not change the requirement that phone numbers be provided for public participation, but only removes the posted location obligation. By removing the requirement to post the physical location for teleconference meetings, supporters say it will allow more, not less, participation in meetings.
The Bagley-Keene Open Meeting Act allows for teleconferencing, with the requirement that each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. Since 2001, when this portion of the law was written, there have been many advances in telecommunication, including more teleconferencing options such as free services that make it much easier and less expensive for people to participate. Furthermore, cell phone ownership has grown from 28% of the United States (US) population in 2000 to 91% by 2013, which has also changed the ways and places people can use their phones. These advances in technology have rendered the need for a physical location for teleconferencing outdated, especially if the alternative is to not have teleconferencing at all, due to the current requirements.
Supporters of this bill state that it is impractical to include the address for each location and that participation by directors will be adversely affected. For example, a director could not continue their participation if they moved to a different location for any reason. Also, if a director cannot participate, it may cause the meeting to be cancelled which adversely affects timely decision making by the advisory boards.
This bill was substantially amended in the Senate. This bill, as amended in the Senate, is inconsistent with the Assembly action, and provisions of this bill have not been heard in an Assembly Policy Committee.
Analysis Prepared by: Victor Francovich / AGRI. / (916) 319-2084 FN: 0004785
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1976
:
SENATE AGRICULTURE COMMITTEE: 5-0, 6/21/16
AYES: Galgiani, Cannella, Berryhill, Pan, Wolk
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 76-0, 4/14/16 (Consent) - See last page for vote
SOURCE: California Avocado Commission
DIGEST: This bill exempts specified agricultural marketing and promotional advisory boards, commissions, and councils from the Bagley-Keene Open Meeting Act requirement that each teleconference location be identified. This bill also reduces the number of handler members on the California Avocado Commission (CAC) and makes other changes and requirements regarding commission membership, definitions, and time permitted to submit information to the California Department of Food and Agriculture (CDFA).
Senate Floor Amendments of 8/19/16 clarify requirements for conducting teleconference meetings to ensure transparency and public participation; exclude smaller avocado growers from the definition of “producer” or “grower;” and require handlers to handle one percent or more of the total industry volume of avocados in order to be nominated and elected to the CAC.
Existing law:
- Requires that all meetings of a state body be conducted openly and allow all persons to attend any meeting, with exceptions (Bagley-Keene Open Meeting Act, Government Code § 11120 et seq.).
- Permits a state body to hold a meeting by teleconference if, among other conditions, each teleconference location is identified in the notice and agenda of the meeting.
- Establishes the CAC, composed of 10 producers and four handlers elected by the industry and one public member appointed by CDFA.
- Divides California into five districts representing approximately 20% of the avocado production.
- Provides for CAC membership, voting procedures, duties and powers, assessment rates, recordkeeping, quality standards, penalties, and referendum procedures including continuance and termination.
This bill:
- Exempts the agricultural marketing and promotion advisory boards, commissions, and councils created in Divisions 21 and 22 of the Food and Agricultural Code from the Bagley-Keene Open Meeting Act requirement for teleconference meetings that each teleconference location be identified.
- Requires these entities to provide specific information to the public when conducting teleconference meetings. These requirements include listing in the meeting minutes the names of the members participating by teleconference; requiring a telephone number and a website address (if applicable) where the public can access the meeting remotely; requiring members to provide 24-hour notice if they will be participating by teleconference; requiring a physical meeting location attended by at least one member; and requiring the advisory board, commission, or council to adopt teleconferencing guidelines to ensure transparency and public participation.
- Finds and declares that this exemption would impose a limitation on the public’s right of access to meetings; however, in order for these governmental bodies to hold meetings and make timely decisions, it is in the state’s interest to revise requirements for teleconferences to encourage participation by directors.
- Finds that this bill is necessary because of the unique circumstances affecting members of entities authorized in Divisions 21 and 22 of the Food and Agricultural Code as a result of involvement in the production, processing, or handling of agricultural products.
- Decreases from four to two the number of avocado handlers elected to the CAC.
- Decreases from two to one the number of alternate handler members.
- Decreases from eleven to nine the number of voting members if the CAC consists of three or four districts and ten voting members if the CAC consists of five districts.
- Deletes the provision allowing any handler handling 30% or more of the volume of avocados to appoint a handler member to the CAC.
- Requires a vacancy of a member position on the CAC to be filled by a majority vote of the CAC.
- Deletes the provision that a producer seeking election in one district shall not seek election in any other district for four years.
- Requires handlers to submit names, mailing addresses, grove location, and handled volume to the secretary within 60 days of the request.
- Excludes avocado growers producing less than 10,000 pounds per year from the definition of “producer” or “grower.”
- Requires avocado handlers to handle at least one percent of the total industry volume of avocados in order to be nominated and elected to the CAC and that they must maintain this eligibility throughout the entire term of office.
- Makes technical changes.
Background
The CAC was created in 1978 to benefit California and the industry by addressing advertising, promotion, research, quality and maturity standards, crop statistics, and public education (Food and Agricultural Code § 67001 et seq.).
California leads the nation in avocado production, where in 2014, 54,000 acres were harvested with a farm gate value of $3.3 million.
The Bagley-Keene Open Meeting Act ensures that the actions and deliberations of state agencies be conducted openly (Government Code § 11120 et seq.). All meetings shall be publically available for any person to attend, with exceptions for closed-door sessions. If a meeting is held via teleconference, it shall comply with the following requirements:
- The meeting shall be audibly accessible at the location specified in the meeting notice.
- Agendas shall be posted at all teleconference locations.
- Each teleconference location shall be identified in the notice and agenda and be accessible to the public.
- All votes shall be taken by roll call.
- At least one member shall be physically present at the location specified in the meeting notice.
Comments
Need for this bill. This bill, in part, ratifies the action taken by the CAC board on October 15, 2015. At this meeting, the board raised concern that the new board seat configuration enacted by AB 958 could potentially give handlers a larger percentage of the total board votes than was previously established. The board shared letters of support from the handler community that showed a general consensus for reducing the number of handler members on the CAC board. The board then voted unanimously to reduce the number of handler members from four to two, with one handler alternate member.
This bill also exempts marketing and promotional agricultural commissions, councils, and advisory boards from the Bagley-Keene Open Meeting Act requirement that for teleconferenced meetings, each teleconference location be identified on the meeting’s notice and agenda. Supporters of this bill state that it is impractical to include the address for each location and that participation by directors will be adversely affected. For example, a director could not continue their participation if they moved to a different location for any reason. Also, if a director cannot participate, it may cause the meeting to be cancelled which adversely affects timely decision making by programs.
Public Access. By exempting agricultural state bodies from the telecommunication location requirements as stated above, this bill imposes a limitation on the public’s right of access to meetings. This bill finds that these limitations are needed to protect the state’s interest to encourage participation by directors, many of which are located in remote areas that are difficult for the public to access.
Commissions and Councils. There are approximately 16 active commissions and councils, all of which are governed by boards of directors and overseen by the California Department of Food and Agriculture (CDFA). These entities were created to enhance their industries by investing in promotion, advertising, education, marketing research, scientific research, and/or the creation and regulation of quality standards. Generally, commissions and councils are initiated by the industry and go into effect following an affirmative industry referendum vote and, at times, a periodic vote to reaffirm their existence. Once in effect, every member of the industry, as specified, is required to follow all laws and regulations including, but not limited to, the payment of assessment fees.
Unlike marketing orders and marketing agreements, commissions and councils are created through commodity-specific legislation. Generally, councils are advisory to CDFA and all actions are subject to CDFA approval. Commissions have greater autonomy and do not serve an advisory purpose; however, CDFA must concur with their annual budget and activities statement, and CDFA has the authority to issue cease and desist orders to commission actions that CDFA deems to not be in the public interest.
Other agricultural governing bodies. There are many other agricultural advisory boards and committees that were not created by Divisions 21 and 22 of the Food and Agricultural Code and, therefore, not included in this bill. A short list includes the Certified Farmers’ Market Advisory Committee, the Fertilizer Inspection Advisory Board, the Livestock Identification Advisory Board, the Seed Advisory Board, and the State Board of Food and Agriculture. Generally, these entities advise the secretary of CDFA on issues regarding regulations rather than commodity-specific marketing and promotional activities. This bill is narrowly tailored to address only the agricultural marketing and promotional advisory boards, commissions, and councils.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California Avocado Commission (source)
California Apple Commission
California Blueberry Commission
California Cut Flower Commission
California Date Commission
California Rice Commission
California Sheep Commission
California Strawberry Commission
California Walnut Commission
Olive Oil Commission of California
OPPOSITION: (Verified 8/19/16)
None received
ARGUMENTS IN SUPPORT: According to the author, “This bill is intended to codify a motion that was unanimously approved by the California Avocado Commission (CAC) Board in 2015 and removes the requirement to post physical locations for teleconferences by an agricultural marketing board or industry council.
The CAC has served for over 35 years as the official information source for California avocados and the California avocado industry. As the industry has evolved over time, the commission and the Legislature have taken actions to reflect modern changes. Last year, AB 958 changed the membership and district reapportionment to modernize the commission and provide it with more flexibility to adapt. This bill builds on that to codify motions by the Board that better proportionately represent the handlers-to-producers ratio on the commission and change how commission vacancies are filled to match other commodity boards.
Many members of agricultural marketing boards or industry councils reside in remote locations across the state which make teleconference meetings among members especially convenient. However, many members may call from a vehicle or need to move locations due to last minute emergencies. As the purpose of having a teleconference is to accommodate members to participate, posting a physical location creates an undue burden for the group who may not have one and therefore be in violation of the law. This bill does not change the requirement that phone numbers be provided for public participation, but only removes the posted location obligation.”
ASSEMBLY FLOOR: 76-0, 4/14/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Jones, Jones-Sawyer, Kim, Lackey, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Irwin, Levine, Melendez, Nazarian
8/22/16 20:37:45
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1976
:
SENATE AGRICULTURE COMMITTEE: 5-0, 6/21/16
AYES: Galgiani, Cannella, Berryhill, Pan, Wolk
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 76-0, 4/14/16 (Consent) - See last page for vote
SOURCE: California Avocado Commission
DIGEST: This bill exempts California agricultural advisory boards, commissions, and councils from the Bagley-Keene Open Meeting Act requirement that each teleconference location be identified. This bill also reduces the number of handler members on the California Avocado Commission (CAC) and reduces the time permitted to submit producer information to the California Department of Food and Agriculture (CDFA).
Existing law:
- Requires that all meetings of a state body be conducted openly and allow all persons to attend any meeting, with exceptions (Bagley-Keene Open Meeting Act, Government Code § 11120 et seq.).
- Permits a state body from holding a meeting by teleconference if, among other conditions, each teleconference location is identified in the notice and agenda of the meeting.
- Establishes the CAC, composed of 10 producers and four handlers elected by the industry and one public member appointed by CDFA.
- Divides California into five districts representing approximately 20% of the avocado production.
- Provides for CAC membership, voting procedures, duties and powers, assessment rates, recordkeeping, quality standards, penalties, and referendum procedures including continuance and termination.
This bill:
- Exempts California agricultural advisory boards, commissions, and councils from the Bagley-Keene Open Meeting Act requirement that for teleconference meetings, each teleconference location be identified.
- Finds and declares that this exemption would impose a limitation on the public’s right of access to meetings; however, in order for these governmental bodies to hold meetings and make timely decisions, it is in the state’s interest to revise requirements for teleconferences to encourage participation by directors.
- Decreases from four to two the number of avocado handlers elected to the CAC.
- Decreases from two to one the number of alternate handler members.
- Decreases from eleven to nine the number of voting members if the CAC consists of three or four districts and ten voting members if the CAC consists of five districts.
- Deletes the provision allowing any handler handling 30% or more of the volume of avocados to appoint a handler member to the CAC.
- Requires a vacancy of a member position on the CAC to be filled by a majority vote of the CAC.
- Deletes the provision that a producer seeking election in one district shall not seek election in any other district for four years.
- Requires handlers to submit names, mailing addresses, grove location, and handled volume to the secretary within 60 days of the request.
- Makes technical changes.
Background
The CAC was created in 1978 to benefit California and the industry by addressing advertising, promotion, research, quality and maturity standards, crop statistics, and public education (Food and Agricultural Code § 67001 et seq.).
California leads the nation in avocado production, where in 2014, 54,000 acres were harvested with a farm gate value of $3.3 million.
The Bagley-Keene Open Meeting Act ensures that the actions and deliberations of state agencies be conducted openly (Government Code § 11120 et seq.). All meetings shall be publically available for any person to attend, with exceptions for closed-door sessions. If a meeting is held via teleconference, it shall comply with the following requirements:
- The meeting shall be audibly accessible at the location specified in the meeting notice.
- Agendas shall be posted at all teleconference locations.
- Each teleconference location shall be identified in the notice and agenda and be accessible to the public.
- All votes shall be taken by roll call.
- At least one member shall be physically present at the location specified in the meeting notice.
Comments
Need for this bill. This bill, in part, ratifies the action taken by the CAC board on October 15, 2015. At this meeting, the board raised concern that the new board seat configuration enacted by AB 958 could potentially give handlers a larger percentage of the total board votes than was previously established. The board shared letters of support from the handler community that showed a general consensus for reducing the number of handler members on the CAC board. The board then voted unanimously to reduce the number of handler members from four to two, with one handler alternate member.
This bill also exempts agricultural commissions, councils, and advisory boards from the Bagley-Keene Open Meeting Act requirement that for teleconferenced meetings, each teleconference location be identified on the meeting’s notice and agenda. Supporters of this bill state that it is impractical to include the address for each location and that participation by directors will be adversely affected. For example, a director could not continue their participation if they moved to a different location for any reason. Also, if a director cannot participate, it may cause the meeting to be cancelled which adversely affects timely decision making by programs.
Public Access. By exempting agricultural state bodies from the telecommunication location requirements as stated above, this bill imposes a limitation on the public’s right of access to meetings. This bill finds that these limitations are needed to protect the state’s interest to encourage participation by directors, many of which are located in remote areas that are difficult for the public to access.
Commissions and Councils. There are approximately 16 active commissions and councils, all of which are governed by boards of directors and overseen by the California Department of Food and Agriculture (CDFA). These entities were created to enhance their industries by investing in promotion, advertising, education, marketing research, scientific research, and/or the creation and regulation of quality standards. Generally, commissions and councils are initiated by the industry and go into effect following an affirmative industry referendum vote and, at times, a periodic vote to reaffirm their existence. Once in effect, every member of the industry, as specified, is required to follow all laws and regulations including, but not limited to, the payment of assessment fees.
Unlike marketing orders and marketing agreements, commissions and councils are created through commodity-specific legislation. Generally, councils are advisory to CDFA and all actions are subject to CDFA approval. Commissions have greater autonomy and do not serve an advisory purpose; however, CDFA must concur with their annual budget and activities statement, and CDFA has the authority to issue cease and desist orders to commission actions that CDFA deems to not be in the public interest.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California Avocado Commission (source)
California Apple Commission
California Blueberry Commission
California Cut Flower Commission
California Date Commission
California Rice Commission
California Sheep Commission
California Strawberry Commission
California Walnut Commission
Olive Oil Commission of California
None received
ARGUMENTS IN SUPPORT: According to the author, “This bill is intended to codify a motion that was unanimously approved by the California Avocado Commission (CAC) Board in 2015 and removes the requirement to post physical locations for teleconferences by an agricultural marketing board or industry council.
The CAC has served for over 35 years as the official information source for California avocados and the California avocado industry. As the industry has evolved over time, the commission and the Legislature have taken actions to reflect modern changes. Last year, AB 958 changed the membership and district reapportionment to modernize the commission and provide it with more flexibility to adapt. This bill builds on that to codify motions by the Board that better proportionately represent the handlers-to-producers ratio on the commission and change how commission vacancies are filled to match other commodity boards.
Many members of agricultural marketing boards or industry councils reside in remote locations across the state which make teleconference meetings among members especially convenient. However, many members may call from a vehicle or need to move locations due to last minute emergencies. As the purpose of having a teleconference is to accommodate members to participate, posting a physical location creates an undue burden for the group who may not have one and therefore be in violation of the law. This bill does not change the requirement that phone numbers be provided for public participation, but only removes the posted location obligation.”
ASSEMBLY FLOOR: 76-0, 4/14/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Jones, Jones-Sawyer, Kim, Lackey, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Irwin, Levine, Melendez, Nazarian
8/3/16 18:09:01
**** END ****
SENATE COMMITTEE ON AGRICULTURE
Senator Cathleen Galgiani, Chair
2015 - 2016 Regular
Bill No: AB 1976 Hearing Date: 6/21/16
Author: | Irwin | ||
Version: | 6/13/16 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Anne Megaro | ||
Subject: California Avocado Commission
SUMMARY
:
This bill would reduce the number of handler members on the California Avocado Commission and reduce the time permitted to submit producer information to the California Department of Food and Agriculture.
BACKGROUND AND EXISTING LAW
:
The California Avocado Commission (CAC) was created in 1978 to benefit California and the industry by addressing advertising, promotion, research, quality and maturity standards, crop statistics, and public education (Food and Agricultural Code § 67001 et seq.).
California leads the nation in avocado production, where in 2014, 54,000 acres were harvested with a farm gate value of $3.3 million.
Existing law:
- Establishes the CAC, composed of 10 producers and four handlers elected by the industry and one public member appointed by CDFA.
- Divides California into five districts representing approximately 20% of the avocado production.
- Provides for CAC membership, voting procedures, duties and powers, assessment rates, recordkeeping, quality standards, penalties, and referendum procedures including continuance and termination.
PROPOSED LAW
:
This bill:
- Decreases from four to two the number of avocado handlers elected to the California Avocado Commission.
- Decreases from two to one the number of alternate handler members.
- Decreases from eleven to nine the number of voting members if the commission consists of three or four districts and ten voting members if the commission consists of five districts.
- Deletes the provision allowing any handler handling 30% or more of the volume of avocados to appoint a handler member to the commission.
- Requires a vacancy of a member position on the commission to be filled by a majority vote of the commission.
- Deletes the provision that a producer seeking election in one district shall not seek election in any other district for four years.
- Requires handlers to submit names, mailing addresses, grove location, and handled volume to the secretary within 60 days of the request.
- Makes technical changes.
ARGUMENTS IN SUPPORT:
According to the author, “This bill is intended to codify a motion that was unanimously approved by the California Avocado Commission (CAC) Board in 2015. The CAC has served for over 35 years as the official information source for California avocados and the California avocado industry. As the industry has evolved over time, the commission and the Legislature have taken actions to reflect modern changes. Last year, AB 958 changed the membership and district reapportionment to modernize the commission and provide it with more flexibility to adapt. This bill builds on that to better proportionately represent the handlers-to-producers ratio on the commission.”
COMMENTS
:
Need for this bill. This bill ratifies the action taken by the CAC board on October 15, 2015. At this meeting, the board raised concern that the new board seat configuration enacted by AB 958 could potentially give handlers a larger percentage of the total board votes than was previously established. The board shared letters of support from the handler community that showed a general consensus for reducing the number of handler members on the CAC board. The board then voted unanimously to reduce the number of handler members from four to two, with one handler alternate member.
Commissions and Councils. There are approximately 16 active commissions and councils, all of which are governed by boards of directors and overseen by the California Department of Food and Agriculture (CDFA). These entities were created to enhance their industries by investing in promotion, advertising, education, marketing research, scientific research, and/or the creation and regulation of quality standards. Generally, commissions and councils are initiated by the industry and go into effect following an affirmative industry referendum vote and, at times, a periodic vote to reaffirm their existence. Once in effect, every member of the industry, as specified, is required to follow all laws and regulations including, but not limited to, the payment of assessment fees.
Unlike marketing orders and marketing agreements, commissions and councils are created through commodity-specific legislation. Generally, councils are advisory to CDFA and all actions are subject to CDFA approval. Commissions have greater autonomy and do not serve an advisory purpose; however, CDFA must concur with their annual budget and activities statement, and CDFA has the authority to issue cease and desist orders to commission actions that CDFA deems to not be in the public interest.
RELATED LEGISLATION
:
AB 958 (Agriculture), Chapter 307, Statutes of 2015. Among other provisions, changes the membership and district reapportionment of the California Avocado Commission.
AB 914 (Atkins), Chapter 322, Statutes of 2011. Among other provisions, authorizes the CAC to require producers to provide specified avocado production data and increases the number of crop years used to determine the reapportionment of avocado districts.
AB 2390 (Cedillo), Chapter 946, Statutes of 2002. Among other provisions, makes various technical and substantive changes to the CAC and expands and clarifies the purpose of the CAC.
PRIOR ACTIONS
:
Assembly Floor: | 76 - 0 |
Assembly Appropriations Committee: | 18 - 0 |
Assembly Agriculture Committee: | 9 - 0 |
SUPPORT
:
California Avocado Commission (Sponsor)
OPPOSITION
:
None received
-- END --
Date of Hearing: April 6, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 1976
Author:(Irwin) – As Introduced Ver:February 16, 2016
Policy Committee: | Agriculture | Vote: | 9 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill changes the size and composition of the California Avocado Commission (CAC), and revises the information avocado producers provide to the California Department of Food and Agriculture (CDFA). In summary, the bill:
- Changes the number of avocado handlers on the Board from four to two and the number of alternate handler members on the Board from two to one.
- Changes the number of Board members required for a quorum or to recommend a suspension of the CAC. The number of Board members needed is reduced from eleven to nine if there are three districts, ten to nine if there are four districts, and eleven to ten if there are five districts.
- Requires avocado handlers to include the grove location of each CAC producer instead of the district number in information sent to CDFA.
- Requires that all requested information must now be sent to CDFA within 60 days of the receipt of a written request instead of 90 days.
FISCAL EFFECT:
Negligible fiscal impact.
COMMENTS:
- Purpose and Background: AB 1976 is intended to modernize the CAC so that it better reflects industry trends. The CAC was created in 1977 to benefit California and the avocado industry by addressing advertising, promotion, research, quality and maturity standards, crop statistics, and public education. Since the creation of CAC, the avocado industry has evolved, and the number of avocado handlers has decreased. This has made it more difficult for the CAC Board to find four handlers to serve on a regular basis. On October 15, 2015, the CAC Board passed a motion to reduce the number of handler seats to two and alternate handler seats to one to maintain a proportional ratio of producers and handlers. AB 1976 would codify this motion by the Board.
Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081
Date of Hearing: March 30, 2016
ASSEMBLY COMMITTEE ON AGRICULTURE
Bill Dodd, Chair
ABPCA Bill Id:AB 1976 (
Author:Irwin) – As Introduced Ver:February 16, 2016
SUBJECT: California Avocado Commission.
SUMMARY: Makes changes to the California Avocado Commission (CAC) related to the number of board members and the time frame for sending CAC district's members information to the California Department of Food and Agriculture (CDFA). Specifically, this bill:
- Changes from four to two the number of avocado handlers (handlers) as members of the CAC Board (Board).
- Changes from two to one the number of alternative handlers for the Board.
- Deletes provision to having alternative handler members being assigned to serve as the alternate to specific handler members.
- Lowers from 11 to nine member of the Board if there are three or four CAC districts.
- Changes information required for a list of CAC producers by deleting district numbers and adding avocado grove locations.
- Changes the time from 90 days to 60 days when the list of CAC producers needs to be sent to CDFA, upon a written request from CDFA.
- Makes conforming changes.
EXISTING LAW:
- Establishes CAC, composed of 10 producers and four handlers elected by the industry, and one public member appointed by CDFA.
- Divides California into five districts representing approximately 20% of the avocado production.
- Provides for CAC membership, voting procedures, duties and powers, assessment rates, recordkeeping, quality standards, penalties, and referendum procedures including continuance and termination.
FISCAL EFFECT: Unknown.
COMMENTS: CAC was created in 1977 to benefit California and the industry by addressing advertising, promotion, research, quality and maturity standards, crop statistics, and public education.
The California avocado industry has evolved over time since CAC was created. With recent changes in CAC law that reconfigured CAC, the votes of the four handlers could account for a larger percentage of the total the Board votes. Furthermore, the number of handlers in the industry has declined and it has become harder to find four handlers to serve on a regular basis. On October 15, 2015, the Board took action to modernize the law governing its organization to reflect these realities. The Board unanimously passed a motion to reduce the number of handler seats to two and alternate handler seats to one to maintain a proportional ratio of producers and handlers.
AB 1976 codifies the motion that was passed by the Board in 2015. Specifically, AB 1976 will decrease the number of handlers represented on CAC and change the number of members needed for a quorum to reflect the new amount of members.
Marketing Advisory and Promotional Councils (councils) and Commissions (commissions) are created through commodity specific legislation. California has over 20 commissions and three councils under the purview of CDFA. Commissions commonly have a greater scope of authority and more independence from CDFA than councils. Councils, for example, are advisory to CDFA and all actions of the councils are subject to CDFA approval. Commissions generally are not advisory to CDFA. With a few exceptions, CDFA must concur with a commission's budget and annual activities statement. CDFA has cease and desist authority over actions of commissions that CDFA deems not in the public interest.
RELATED LEGISLATION:
AB 958 (Committee on Agriculture), Statutes of 2015, Chapter 307, changed the membership and district reapportionment of CAC.
AB 914 (Akins), Statutes of 2011, Chapter 322, authorized CAC to use information provided to CAC for specified purposes, including food safety and communications. This bill also revised the provision requiring CAC to reapportion CAC's districts every five years by determining the average number of pounds of fruit produced in each ZIP Code area in the five, rather than two, crop years prior to a specified referendum.
REGISTERED SUPPORT / OPPOSITION:
Support
California Avocado Commission
Opposition
None on file.
Analysis Prepared by: Victor Francovich / AGRI. / (916) 319-2084
Discussed in Hearing
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Bill Co-Author(s):