CHAPTER 2.5. California Cattle Council Law [65001. - 65087.]
Chapter 2.5 added by Stats. 2018, Ch. 410, Sec. 2.
§§ 65001–65087 · 64 sections
ARTICLE 1. General §§ 65001–65004 · 4 sections
- § 65001 The Legislature finds and declares all of the following: (a) The production of cattle for both beef and dairy constitutes a paramount industry of this state…
- § 65002 The purposes of this chapter are as follows: (a) Most notably, to authorize and enable the secretary and the appointed governing body of the council to…
- § 65003 This chapter shall be liberally construed. If any provision of this chapter or the application of this chapter to any person or circumstances is held invalid,…
- § 65004 It is hereby declared as a matter of legislative determination that council members and alternates are intended to represent and further the interest of the…
ARTICLE 2. Definitions §§ 65011–65012 · 2 sections
ARTICLE 3. California Cattle Council §§ 65015–65029 · 15 sections
- § 65015 There is in the state government the California Cattle Council that consists of 11 members and 11 alternates appointed by the secretary, each of whom shall be…
- § 65016 The secretary or the secretary’s designee shall serve as an ex officio member.
- § 65017 (a) The secretary shall appoint to the council three range cattle producers, three cattle feeders, three dairy producers, one processor, and one public member…
- § 65018 Except as otherwise provided in this section, the public member and the public member’s alternate shall have all the powers, rights, and privileges of any…
- § 65019 (a) The terms of office of the members and alternates of the council shall be three years. At the discretion of the secretary, the first appointments made…
- § 65020 Six members of the council shall constitute a quorum for the transaction of all business, including the election of officers.
- § 65021 (a) The council shall annually select a chairperson and vice chairperson from its membership, to serve at the council’s pleasure, who, together with three…
- § 65022 (a) The council shall have two regular meetings each year at times and places determined by the council. (b) The times for regular meetings shall be fixed so…
- § 65023 Members of the council shall be reimbursed for necessary traveling and other expenses incurred in the performance of their official duties.
- § 65024 An alternate member of the council shall sit as a regular member of the council if the regular member fails for any reason to attend any meeting of the…
- § 65025 The secretary or the secretary’s representative shall be notified and may attend each meeting of the council.
- § 65026 No member or alternate of the council shall receive a salary.
- § 65027 All funds received by any person from the assessments levied under this chapter or otherwise received by the council shall be deposited in banks designated by…
- § 65028 The state is not liable for the acts of the council or its contracts. Payments of all claims arising by reason of the administration of this chapter or acts of…
- § 65029 The council may enter into contracts. Copies of its proceedings, records, and acts, when authenticated, shall be admissible in evidence in all courts of the…
ARTICLE 4. Powers and Duties §§ 65040–65058 · 19 sections
- § 65040 The powers and duties of the council shall include, but are not limited to, all of those contained in this article.
- § 65041 The council may adopt and from time to time alter, rescind, modify, and amend all proper and necessary bylaws, rules, and orders in accordance with council…
- § 65042 If the council and the California Beef Council determine that a project is of mutual benefit and consistent with state and federal laws governing the…
- § 65043 (a) The council may employ a person to serve at the pleasure of the council as the executive director of the council and other personnel. If any person…
- § 65044 The council may appoint committees composed of members, alternates, and nonmembers not serving with the council in any official capacity to advise the council…
- § 65045 The council shall approve reasonable compensation for the executive director and any agents or contractors of the council.
- § 65046 The council may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, develop, own, and control the use of…
- § 65047 The council shall keep books, records, and accounts of all its transactions, dealings, contracts, agreements, funds, and expenditures as it deems necessary.…
- § 65048 Funds collected pursuant to this chapter shall not be used for political contributions.
- § 65049 The council may accept grants from state and federal entities to carry out the duties authorized by this chapter.
- § 65050 The council may collect information about California beef and dairy production and publish and distribute, without charge, a bulletin or other communication to…
- § 65051 (a) The council shall establish an annual budget according to generally accepted accounting practices. The council shall prepare annually summarized statements…
- § 65052 When the secretary is required to concur in a decision of the council, the secretary shall give his or her response to the council within 15 working days from…
- § 65053 The council shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to…
- § 65054 (a) The secretary may require the council to correct or cease any existing activity or function that is determined by the secretary not to be in the public…
- § 65055 The council may recommend to the secretary the adoption of administrative regulations that relate to the administration and enforcement of this chapter.
- § 65056 (a) The council and the secretary shall keep confidential and shall not disclose, except when required by court order after a hearing in a judicial proceeding,…
- § 65057 The council may investigate all matters that affect the administration of this chapter and report violations to the secretary.
- § 65058 (a) (1) A program or activity that is conducted or sponsored pursuant to this chapter shall not make false or unwarranted claims, or disparage the quality,…
ARTICLE 5. Implementation and Suspension of Operations §§ 65060–65069 · 10 sections
- § 65060 (a) On or before June 1, 2019, the Bureau of Livestock Identification shall submit to the secretary for review a list of producers who have sold or owned…
- § 65061 This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds that a majority of…
- § 65062 An implementation referendum shall advertise the amount to be assessed and declare that the assessment shall be a mandatory fee. An implementation referendum…
- § 65063 The secretary shall establish a period in which to conduct a referendum, that shall not be more than 60 days in duration, and may prescribe additional…
- § 65064 Nonreceipt of a ballot by an eligible producer shall not invalidate a referendum.
- § 65065 If the secretary finds that a majority vote has been given, the secretary shall certify and give notice of the majority vote to all producers whose names and…
- § 65066 If the secretary finds that a majority vote has not been given for an initial referendum, the secretary shall certify and declare all provisions of this…
- § 65067 (a) Before an implementation referendum vote conducted by the secretary pursuant to this article, a proponent of the establishment of the council shall deposit…
- § 65068 (a) Five years after implementation of this chapter, the secretary shall hold a public hearing after providing proper notice to producers subject to this…
- § 65069 (a) On the secretary’s own motion, at the request of the council, or at the request of a producer, the secretary may determine that it is no longer in the best…
ARTICLE 6. Financial Provisions §§ 65071–65077 · 7 sections
- § 65071 (a) In order to carry out the programs and administer the activities that are conducted pursuant to this chapter, an assessment of one dollar ($1) per head…
- § 65072 (a) Each person who is required to pay or collect the assessment shall maintain a complete and accurate record of all transactions subject to assessments under…
- § 65073 (a) The assessment for cattle or calves, whether originating in the state or out of state, shall be paid by the seller. The assessment shall be charged and…
- § 65074 The assessments that are collected by the Bureau of Livestock Identification pursuant to this article shall be forwarded to the secretary at the same time and…
- § 65075 Any person who is subject to the assessment that is required by Section 65071 may obtain a refund of the assessment collected by submitting to the council a…
- § 65076 (a) Proprietary information obtained pursuant to this article by the council or the secretary, including the names and addresses of producers and the amounts…
- § 65077 An assessment that is levied pursuant to this chapter is a personal debt of the assessed person.
ARTICLE 7. Actions and Penalties §§ 65081–65087 · 7 sections
- § 65081 Any person who fails to pay, collect, or remit any fees due within the time specified in this chapter shall be liable for administrative costs incurred by the…
- § 65082 The secretary may pursue an action to hold a person civilly liable in an amount not to exceed one hundred dollars ($100) for each head of cattle or calves that…
- § 65083 The secretary may request that the Attorney General file an action in an appropriate court to collect any unpaid fees, civil penalties, or other costs incurred…
- § 65084 The secretary may request that the Attorney General petition an appropriate court for the issuance of an injunction, restraining any person in violation of any…
- § 65085 Any action by the secretary for any penalty or other remedy that is prescribed under this chapter shall be commenced within three years from the date of…
- § 65086 (a) Any person subject to this chapter may contest a determination of delinquent assessments, or other violation of this chapter, and request an informal…
- § 65087 The termination of this chapter shall not affect or waive any right, duty, obligation, or liability that has arisen or that may thereafter arise in connection…