SECTIONS 77601-77609 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 77601-77609

77601. (a) Within 60 days after the effective date of this chapter,
the secretary shall establish a list of producers eligible to vote
on the implementation of this chapter. In establishing the list, the
secretary may require producers and others to submit the names and
mailing addresses of all known producers. The secretary also may
require that the information provided include the volume of timber
sold or acquired in the preceding marketing year by persons subject
to this chapter or, in the alternative, may establish procedures for
receiving the information at the time of the referendum vote
specified in Section 77602. The secretary may also request the
assistance of the State Board of Equalization in gathering the
information. Notwithstanding any other provision of law, the State
Board of Equalization shall provide the secretary the information
that shall be used only for purposes specified in this chapter. The
request for the information shall be in writing.
(b) Any producer whose name does not appear on the 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 producer. The
absence of a producer's name from the list does not exempt the person
from paying assessments and does not invalidate any votes conducted
pursuant to this chapter.
(c) Proponents and opponents of the commission may contact
producers on the lists in a form and manner prescribed by the
secretary so long as all expenses associated with the contacts are
paid in advance.

77602. This chapter, except as necessary to conduct an
implementation referendum vote, shall not become operative until the
secretary finds, in a referendum vote conducted by the secretary,
that at least 40 percent of the total number of producers from the
list established by the secretary pursuant to this article
participate and that either of the following has occurred:
(a) Sixty-five percent of the producers who voted in the
referendum voted in favor of this chapter, and the producers so
voting sold or acquired a majority of the total volume of timber in
the preceding marketing year 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 sold or
acquired 65 percent or more of the total volume of timber in the
preceding marketing year by all of the producers who voted in the
referendum.

77603. The secretary shall establish a period, which shall not be
less than 10 days or more than 60 days, to conduct the referendum and
may prescribe additional procedures that may be necessary to conduct
the referendum. If the initial period established is less than 60
days, the secretary may extend the period, except that the total
referendum period shall not exceed 60 days.

77604. The nonreceipt of a ballot by any producer shall not
invalidate a referendum.

77605. If the secretary finds that a favorable vote has been given
as provided in Section 77602, the secretary shall certify and give
notice of the favorable vote to all affected producers whose names
and addresses are on file with the secretary.

77606. If the secretary finds that a favorable vote has not been
given as provided in Section 77602, the secretary shall certify and
declare this chapter inoperative. The secretary may conduct another
implementation referendum vote one year or more after the previous
referendum has been held.

77607. Upon certification of the commission, the secretary shall
contact all producers by mail or call meetings of producers for the
purpose of nominating and electing persons to the commission. All
producers on the secretary's list shall be provided written notice of
any election meetings at least 10 days prior to the meeting date.
To be eligible for election to the commission, nominees shall
present to the secretary a nomination petition with the signatures of
at least three eligible producers from the category of producers
specified in Section 77541 from which the nominee is seeking
election.

77608. Subsequent to the first election of members and alternate
members of the commission pursuant to this chapter, persons to be
elected to the commission shall be selected pursuant to nomination
and election procedures established by the commission with the
approval of the secretary.

77608.5. Subsequent to the initial implementation referendum vote
and the first election of commissioners, the commission shall
establish procedures for the purpose of providing persons subject to
this chapter with access to producers on the commission's list of
producers for purposes related to an election or referendum or an act
or determination of the commission. Access to producers shall not
include actual release or disclosure of the commission's confidential
list of producers.

77609. (a) Prior to the referendum vote conducted by the secretary
pursuant to Section 77602, 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 list and
information and conducting the vote.
(b) Any funds which are not used to carry out Section 77602 shall
be returned to the proponents of the commission who deposited the
funds with the secretary.
(c) Upon the 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 Section 77602 and
for any legal expenses and costs incurred in establishing the
commission.