Agriculture: California Avocado Commission: California Salmon Council.

(1) Existing law establishes the California Avocado Commission, which is charged with, among other duties, promoting the sale of avocados by advertising and other promotional means for the purpose of maintaining and expanding present markets and creating new and larger intrastate, interstate, and foreign markets for avocados. Existing law requires the commission to establish 5 districts within the state, each representing approximately 20% of the avocado production in California, and, beginning in the 2000–01 marketing season, requires those districts to be reapportioned every 5th year in accordance with certain procedures. Under existing law, the commission consists of 10 avocado producers who are not handlers, 2 elected from each of the 5 districts, 4 avocado handlers who are elected on a statewide basis, one public member who is appointed by the Secretary of Food and Agriculture, and the secretary who serves as a nonvoting ex officio member. Existing law also provides for an alternate member for each member of the commission, except the secretary, to be elected in the same manner as the member. This bill would instead require 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, and would require those districts to be represented by a specified number of producers who are not handlers according to the number of districts the commission establishes. The bill would require the districts to be reapportioned every 5th year in accordance with redistricting procedures adopted by a two-thirds vote of the commission and concurred in by the secretary. The bill would provide for an alternate member for each district instead of providing an alternate member for each producer member of the commission. The bill would provide for 2 alternate handler members and for each alternate handler member to be assigned to serve as an alternate to two handler members, as specified, instead of providing an alternate handler member for each handler member of the commission. The bill would make conforming and other related changes. (2) Existing law, the California Salmon Marketing and Development Act, creates the California Salmon Council, consisting of 9 voting members, appointed by the Secretary of Food and Agriculture, and 5 nonvoting members, as provided. Under existing law, the council is required to provide advice and investigations for, and perform duties delegated to it by, the secretary, including programs to promote education, research, and public information regarding the consumption of salmon and salmon products. Existing law provides for referendum voting by commercial salmon vessel operators, as defined, to determine whether the act should be implemented and, periodically, to review whether the operation of the act and the council should be continued. Upon approval of the referendum, existing law requires fishermen to pay specified assessments to the secretary and requires the secretary to expend and invest those moneys for purposes of the act. A violation of the act is a misdemeanor. This bill would change the composition of the council to include 3 nonvoting members and would make various changes to the requirements covering commercial salmon fishing, with regard to notification of the adopted regulations by the secretary. The bill would require the secretary to establish a list of handlers, defined to include processors, receivers, and wholesalers, and would provide for referendum voting by those handlers to determine whether they shall be subject to the act. Upon approval of the referendum, the bill would change the composition of the council to include 11 voting members appointed by the secretary. Upon approval of the referendum, the bill would require fishermen who sell salmon to the ultimate consumer and handlers to pay specified assessments to the secretary and would require the secretary to expend and invest those moneys for purposes of the act, thereby making an appropriation. The bill would include handlers, if subject to the act, in the periodic referenda to determine whether the operation of the act and the council should be continued and would make other conforming changes. By authorizing handlers to be subject to the requirements of the act, the violation of which is a misdemeanor, the bill would impose a state-mandated local program. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.