California Spiny Lobster Commission.

Existing law provides for various commissions to promote the marketing and production of agricultural or seafood commodities. This bill would create the California Spiny Lobster Commission. The bill would specify the membership, powers, duties, and responsibilities of the commission. The commission would be authorized to approve the payment of a stipend to commission members, as specified. The commission also would be authorized to carry out programs of education, public information, promotion, marketing, and research relating to spiny lobster. The bill would authorize the commission to levy an assessment, as specified, on spiny lobster fishermen, as defined, and would authorize the expenditure of those moneys for the purposes of carrying out the commission's powers, duties, and responsibilities, thereby making an appropriation. The bill would require the Secretary of Food and Agriculture to review the annual budget and expenditures of the commission to ensure that only reasonable and necessary administrative costs are paid for the proper operation of the commission's activities. The bill, except as necessary to conduct an election, would not become operative until the fishermen of spiny lobster vote, by referendum, in favor of establishing the commission, as specified. The bill also would provide for the suspension of the operation of its provisions, for its repeal if certain time periods elapse after a referendum vote has failed, and, if the commission is established, for concluding the operations of the commission, as specified. The bill would create a misdemeanor for the rendering or furnishing of false reports; the secreting, destroying, or altering of records; the failure to furnish a report; or the failure or refusal to furnish to the commission information concerning the name and address of persons from whom spiny lobster are received or to whom they are provided. By creating a new crime, this bill would create a state-mandated local program. 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. 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.