SECTIONS 76311-76320 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 76311-76320

76311. (a) Not later than April 1, 1999, or as soon thereafter as
possible, the secretary shall establish a list of producers eligible
to vote on implementation of this chapter. In establishing the list,
the secretary may require that handlers, producers, and others submit
the names and mailing addresses of all producers. The secretary also
may require that the information provided include the quantity of
wool produced by each producer or, in the alternative, may establish
procedures for receiving the information at the time of the
referendum vote specified in Section 76312. The request for the
information shall be in writing. The information shall be filed
within 30 days following receipt of the written request.
(b) Any producer whose name does not appear on the secretary's
list may have his or her name established on the list by filing with
the secretary a signed statement, identifying himself or herself as a
producer. Failure to be on the list does not exempt the producer
from paying assessments.
(c) Prior to the certification of a favorable vote as provided in
Section 76315, the secretary shall allow producers to view the list
of names of producers created pursuant to subdivision (a). The list
shall be viewed only at the department and shall not be photocopied.

76312. This chapter, except as necessary to conduct an
implementation referendum vote, shall not become operative until the
director finds in a referendum vote conducted by the director that at
least 40 percent of the total number of producers from the list
established by the director pursuant to this article, participate,
and that either of the following occurred:
(a) Sixty-five percent or more of the producers who voted in the
referendum voted in favor of the provisions of this chapter, and the
producers so voting marketed a majority of the total quantity of wool
in the preceding season by all of the producers who voted in the
referendum.
(b) A majority of the producers who voted in the referendum voted
in favor of this chapter, and the producers so voting marketed 65
percent or more of the total quantity of wool in the preceding season
by all of the producers who voted in the referendum.

76313. The director shall establish a period in which to conduct
the referendum which shall not be less than 10 days nor more than 60
days in duration, and may prescribe additional procedures that may be
necessary to conduct the referendum. If the initial period
established is less than 60 days, the director may extend the period,
however the total referendum period may not exceed 60 days.

76314. Nonreceipt of a ballot shall not invalidate a referendum.

76315. If the director finds that a favorable vote has been given
as provided in Section 76312, he or she shall certify and give notice
of the favorable vote to all producers whose names and addresses may
be on file with the director.

76316. If the director finds that a favorable vote has not been
given as provided in Section 76312, he or she shall certify and
declare all provisions of this chapter inoperative.

76317. Upon certification of the commission, the director shall
contact all producers in each district by mail, or call meetings of
producers in each district for the purpose of nominating and electing
persons for appointment to the commission. All producers on the
director's list shall be given written notice of any election
meetings at least 15 days prior to the meeting date.

76318. To be eligible for election to the commission, producer
nominees must present to the director a nomination petition with the
signatures of at least 10 eligible producers from the district from
which the nominee is seeking election.

76319. Subsequent to the first election of members of the
commission pursuant to this chapter, persons to be elected to the
commission shall be selected pursuant to nomination and election
procedures as shall be established by the commission with the
concurrence of the director.

76320. (a) Prior to the referendum vote conducted by the director
pursuant to Section 76312, the proponents of the commission shall
deposit with the director the amount that the director 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 76312 shall be
returned to the proponents of the commission who deposited the funds
with the director.
(c) Upon establishment of the commission, the commission is
authorized to reimburse the proponents of the commission for any
funds deposited with the director which were used in carrying out
Section 76312, and for any legal expenses and costs incurred in
establishing the commission.