2007 California Food and Agricultural Code Article 5. Implementation And Voting Procedures

CA Codes (fac:79100-79104)

79100.  (a) Within 60 days of the effective date of this chapter,
the secretary shall establish a list of divers and handlers eligible
to vote on implementation of this chapter.  In establishing the list,
the secretary may require that divers and handlers submit the names
and mailing addresses of all divers and handlers.  The secretary also
may request assistance of the Director of Fish and Game for the
names of all licensed divers and handlers engaged in the sea urchin
fishery during the previous season and the volume of landings of each
diver.  The request for information shall be in writing and the
information provided shall be confidential and not made public.
Notwithstanding Section 8022 or any other provision of law, the
Director of Fish and Game shall comply with the request within 30
days of receipt.
   (b) Any diver and handler whose name does not appear on the
appropriate list may have his or her name placed on the list by
filing with the secretary a signed statement, identifying himself or
herself as a diver or handler, and submitting other supporting
documentation.  Failure to be on the list does not exempt the person
from paying assessments, and does not invalidate any industry votes
conducted pursuant to this article.
   (c) Proponents and opponents of establishing the commission
pursuant to this chapter may contact divers and handlers on the lists
through the secretary, in a form and manner prescribed by the
secretary, if all expenses associated with those contacts are paid in
advance.



79101.  This chapter, except as necessary to conduct an
implementation referendum vote, shall not become operative until the
secretary finds at least one of the following in a referendum vote
conducted by the secretary:
   (a) At least 40 percent of the total number of divers from the
list established by the secretary pursuant to this article
participate, and that either of the following occurs:
   (1) Sixty-five percent of the divers who voted in the referendum
voted in favor of establishing the commission, and the divers so
voting landed a majority of the total quantity of sea urchin landed
in the preceding fishing season by all of the divers who voted in the
referendum.
   (2) A majority of the divers who voted in the referendum voted in
favor of establishing the commission, and the divers so voting landed
65 percent or more of the total quantity of sea urchin landed in the
preceding fishing season by all of the divers who voted in the
referendum.
   (b) At least 40 percent of the total number of handlers from the
list established by the secretary pursuant to this article
participate and that either of the following occurs:
   (1) Sixty-five percent of the handlers who voted in the referendum
voted in favor of establishing the commission, and the handlers so
voting handled a majority of the total quantity of sea urchin in the
preceding fishing season by all of the handlers who voted in the
referendum.
   (2) A majority of the handlers who voted in the referendum voted
in favor of establishing the commission, and the handlers so voting
handled 65 percent or more of the total quantity of sea urchin in the
preceding fishing season by all of the handlers who voted in the
referendum.


79102.  (a) The secretary shall establish a period in which to
conduct the referendum, which shall not be less than 10 days or more
than 60 days in duration, and may prescribe additional procedures
necessary to conduct the referendum, including measures to maximize
the likelihood that all eligible persons receive referendum voting
materials.  If the initial period established is less than 60 days,
the secretary may extend the period.  However, the total referendum
period may not exceed 60 days.
   (b) Nonreceipt of a ballot by an eligible person shall not
invalidate a referendum.



79103.  (a) If the secretary finds that a favorable vote has been
given, pursuant to Section 79101, the secretary shall certify and
give notice of the favorable vote to all affected divers and handlers
whose names and addresses are on file with the secretary.
   (b) If the secretary finds that a favorable vote has not been
given, pursuant to Section 79101, the secretary shall certify and
declare all provisions of this chapter inoperative.  The secretary
may conduct other implementation referendum votes one year or more
following certification of a previous vote.
   (c) If the secretary finds that a favorable vote has been given by
either the divers or the handlers, but not both, the secretary shall
certify and give notice of the favorable vote to all the divers and
handlers whose names and addresses are on file with the secretary and
this chapter shall be in effect only with regard to the divers or
handlers, but not both, voting in favor of the referendum.




79104.  (a) Prior to the referendum vote conducted by the secretary
pursuant to this article, the proponents of the commission shall
deposit with the secretary the amount that the secretary deems
necessary to defray the expenses of preparing the necessary lists and
information and conducting the vote.
   (b) Any funds not used in carrying out Section 79101 shall be
deposited in the funds of the commission.
   (c) Upon establishment of the commission, the commission may
reimburse the proponents of the commission for any funds deposited
with the secretary that were used in carrying out this article, and
for any legal expenses and costs incurred in establishing the
commission.