CHAPTER 18. California Forest Products Commission [77501. - 77666.]
Chapter 18 added by Stats. 1990, Ch. 550, Sec. 1.
§§ 77501–77666 · 81 sections
ARTICLE 1. Declaration and General Provisions §§ 77501–77507 · 8 sections
- § 77501 The production and marketing of forest products constitute an important industry of this state; the industry provides substantial and necessary revenues for…
- § 77502 The maintenance of the forest products industry of California is necessary to ensure the public of a continuous supply of forest products and the maintenance…
- § 77503 The production and marketing of forest products produced in this state is hereby declared to be affected with a public interest. This chapter is enacted in the…
- § 77504 No action taken by the commission, or by any individual in accordance with this chapter or with the rules and regulations adopted pursuant to this chapter, is…
- § 77505 This chapter shall be liberally construed. If any provision of this chapter or the application thereof to any person or circumstances is held to be invalid,…
- § 77506 It is hereby declared as a matter of legislative determination that members of the commission are intended to represent and further the interest of a…
- § 77506.5 The forest products industry in this state is expanding. The success and expansion of the industry is uniquely dependent upon effective promotion, public…
- § 77507 The commission form of administration created by this chapter is uniquely situated to provide those engaged in the production of forest products the…
ARTICLE 2. Definitions §§ 77521–77531 · 11 sections
- § 77521 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 77522 “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the…
- § 77523 “Commission” means the California Forest Products Commission.
- § 77524 “Secretary” means the Secretary of Food and Agriculture.
- § 77525 “Ex officio” means a nonvoting member of the commission.
- § 77526 “Marketing year” or “fiscal year” means the period beginning January 1 of any year and extending through December 31 of the same year.
- § 77527 “Person” means an individual, partnership, corporation, limited liability company, firm, company, or other entity doing business in California.
- § 77528 (a) “Producer” means any person who owns timber in California immediately prior to felling, or the first person who acquires either the legal title or…
- § 77529 “Product promotion” means the generic promotion of forest products in domestic and foreign markets. “Product promotion” does not include reference to either…
- § 77530 “Research” means any economic, cultural, or biological search, inquiry, examination, investigation, or experimentation, or any other search, inquiry,…
- § 77531 “Timber” or “forest products” means trees of any species maintained for eventual harvest whether planted or of natural growth, standing or down, on privately…
ARTICLE 3. The California Forest Products Commission §§ 77541–77555 · 15 sections
- § 77541 (a) There is in the state government the California Forest Products Commission. The commission is composed of 10 members. (b) Three producers shall be elected…
- § 77542 (a) The secretary may require the commission to correct or cease any existing activity or function that is determined by the secretary not to be in the public…
- § 77543 The commission or the secretary may bring an action for judicial relief from the secretary’s written notice, or from noncompliance by the commission with the…
- § 77544 When the secretary is required to concur in a decision of the commission, the secretary shall concur, refuse to concur, or request additional information from…
- § 77545 The commission shall reimburse the secretary for all expenses incurred by the secretary in carrying out his or her duties and responsibilities pursuant to this…
- § 77546 An alternate member to each member of the commission, except the ex officio members, shall be elected or appointed in the same manner and for the same term as…
- § 77547 Any vacancy on the commission occurring by the failure of any person elected or appointed to or serving on the commission as a member or alternate member to…
- § 77548 (a) Any producer member and his or her alternate member shall be a producer or an authorized representative of a producer. Producer members and their alternate…
- § 77549 The term of office of each member, except the ex officio members, shall be three years, commencing with the beginning of the following marketing year and until…
- § 77550 The commission shall be and is hereby declared to be a corporate body. It may sue and be sued, enter into contracts, adopt a seal, and have and possess all of…
- § 77551 A quorum of the commission shall be six members of whom at least five shall be producer members. Notwithstanding Section 77546, any alternate member may serve…
- § 77552 The secretary or his or her representatives shall be notified and may attend each meeting of the commission and any committee meeting of the commission.
- § 77553 No member, alternate member, or member of a committee established by the commission who is a nonmember of the commission, shall receive compensation. Each…
- § 77554 All funds received by any person from the assessments levied pursuant to this chapter or otherwise received by the commission shall be deposited in banks that…
- § 77555 The state is not liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration of this chapter or acts…
ARTICLE 4. Powers and Duties of the Commission §§ 77571–77590 · 20 sections
- § 77571 The powers and duties of the commission include, but are not limited to, all of those specified in this article.
- § 77572 The commission may adopt and, from time to time, alter, rescind, modify, and amend bylaws, regulations, operating procedures, and orders for carrying out this…
- § 77573 The commission may administer and enforce this chapter and do and perform all acts and exercise all powers incidental to, or in connection with, or deemed…
- § 77574 The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers as it deems necessary. The officers…
- § 77575 The commission may employ a person to serve at the pleasure of the commission as president and chief executive officer of the commission, and other personnel,…
- § 77576 The commission may fix the compensation for all of its employees.
- § 77577 The commission may appoint committees composed of both members and nonmembers of the commission to advise the commission in carrying out this chapter.
- § 77578 The commission may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, and borrow funds in advance of…
- § 77579 The commission shall keep accurate books, records, and accounts of all of its dealings that shall be subject to an annual audit by an auditing firm selected by…
- § 77580 The commission may present facts to, and negotiate with state, federal, and foreign agencies on matters which affect this chapter.
- § 77581 The commission may enter into contracts to receive or render services in formulating and conducting plans and programs and any other contracts or agreements…
- § 77582 The commission may conduct, and contract with others to conduct, research, including the study, analysis, accumulation, and dissemination of information…
- § 77583 The commission may promote the sale of forest products by advertising and other promotional means, including cost sharing advertising, for the purpose of…
- § 77584 The commission may accept contributions or match private, state, or federal funds, and employ or make contributions of funds to other persons or state or…
- § 77585 The commission may publish and distribute, without charge, bulletins or other communications to persons subject to this chapter.
- § 77586 The commission shall establish an assessment rate to defray its operating costs.
- § 77587 The commission shall adopt an annual budget according to generally accepted accounting practices. The secretary shall concur in the adoption of the budget…
- § 77588 The commission shall submit to the secretary, for his or her concurrence, an annual statement of contemplated activities authorized pursuant to this chapter.
- § 77589 The commission and the secretary shall keep confidential and shall not disclose, except when required by a court order after a hearing in a judicial proceeding…
- § 77590 The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for…
ARTICLE 5. Implementation and Voting Procedures §§ 77601–77609 · 10 sections
- § 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…
- § 77602 This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds, in a referendum vote…
- § 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…
- § 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…
- § 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.…
- § 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…
- § 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…
- § 77608.5 Subsequent to the initial implementation referendum vote and the first election of commissioners, the commission shall establish procedures for the purpose of…
- § 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…
ARTICLE 6. Assessments and Records §§ 77621–77627 · 7 sections
- § 77621 (a) The commission shall establish the assessment for the marketing year not later than January 1 of each year or as soon thereafter as is possible. (b) The…
- § 77622 Any person requesting an exemption from this chapter shall file an affidavit with the commission attesting that he or she is not a producer. The affidavit…
- § 77623 Every producer and every person described in subdivision (c) of Section 77528 shall keep a complete and accurate record of all transactions involving the sale…
- § 77624 (a) All proprietary information obtained by the commission or the secretary from producers is confidential and shall not be disclosed except when required by…
- § 77625 Any assessment which is levied pursuant to this chapter is a personal debt of every producer so assessed.
- § 77626 Any producer who fails to file a return or pay any assessment within the time required by the commission shall pay to the commission a penalty of 10 percent of…
- § 77627 When the producer is a corporation, all of the directors and officers of the corporation in their capacity as individuals shall be included, and any liability…
ARTICLE 7. Actions and Penalties §§ 77641–77644 · 4 sections
- § 77641 It is a misdemeanor for any person to do any of the following: (a) Refuse to render a report, statement, or record required by the commission. (b) Furnish a…
- § 77642 The commission shall establish procedures for the purpose of granting individuals aggrieved by its actions or determinations an informal hearing before the…
- § 77643 (a) The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties and for…
- § 77644 The repeal or suspension and termination of this chapter shall not do any of the following: (a) Affect or waive any right, duty, obligation, or liability which…
ARTICLE 8. Continuation or Suspension and Termination §§ 77661–77666 · 6 sections
- § 77661 Beginning in 2001, and every ten years thereafter, the secretary shall hold a hearing to determine whether operation of this chapter should be continued. If…
- § 77662 If a referendum is conducted as the result of a petition pursuant to Section 77663, the hearing pursuant to Section 77661 shall be conducted every 10th year…
- § 77663 (a) Upon a finding by a two-thirds vote of the commission that the operation of this chapter has not tended to effectuate its declared purposes, the commission…
- § 77664 (a) The secretary shall terminate the commission at the end of the then current marketing year if the secretary finds that the termination of the commission is…
- § 77665 After the effective date of suspension, the operation of the commission shall be concluded and the funds remaining held by the commission and not required to…
- § 77666 Upon suspension of the operation of this chapter, the commission shall mail a copy of the notice of suspension to all persons affected by the suspension whose…