ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter

Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3.

§§ 6047.1–6047.30 · 31 sections

§ 6047.1 The Legislature finds and declares the following: (a) The state’s agricultural business economy could be seriously damaged if measures are not taken to prevent… see note
§ 6047.2 For the purposes of this article, the following definitions shall govern its construction: (a) “Board” means the Pierce’s Disease and Glassy-winged… see note
§ 6047.3 (a) Within 90 days after the effective date of this section, the secretary shall create in the department the Pierce’s Disease and Glassy-winged Sharpshooter… see note
§ 6047.3.5 Notwithstanding any other provision of law, the secretary, upon the recommendation of the board, may contract with any nonprofit authoritative scientific body… see note
§ 6047.4 (a) The powers of the board shall be the following: (1) Submit recommendations to the secretary on, but not limited to, the following: (A) Selection of… see note
§ 6047.5 (a) Expenditure of the funds pursuant to this article shall be restricted to the following: (1) Reasonable administrative expenses of the board and the… see note
§ 6047.6 The secretary shall accept the recommendations of the board unless he or she determines that the recommendations are not practicable or in the interest of the… see note
§ 6047.7 (a) During the first marketing season, beginning July 1, 2001, and ending June 30, 2002, the annual assessment shall be three dollars ($3) for each one… see note
§ 6047.8 (a) The assessment is the obligation of the producer. (b) For purchased grapes, the processor who purchases the grapes shall act on behalf of the person from… see note
§ 6047.9 (a) For purposes of calculating the amount to be collected by the processor for purchased grapes, the assessment shall be based on the gross dollar value of… see note
§ 6047.10 (a) All assessments payable under this article shall be remitted to the department no later than January 31 of each year. The department shall deposit the… see note
§ 6047.11 Any producer who disputes the amount of the assessment may file a claim with the department. The producer shall prove his or her claim by a preponderance of… see note
§ 6047.12 (a) Expenditures charged by the department and the board for administrative purposes shall not exceed a total of 14 percent of the assessments collected… see note
§ 6047.13 (a) All proprietary information obtained by the board or the department from producers, processors, or any other source, including, but not limited to, the… see note
§ 6047.14 (a) The sole remedy against any producer who fails to pay the assessment and against any processor who fails to collect and remit assessments within the time… see note
§ 6047.15 Upon termination of this article, and based upon a recommendation of the board subject to approval by the secretary, any collected assessments not required to… see note
§ 6047.16 No action in law or equity may be brought against any members or agent of the board, nor shall any member or agent of the board be personally liable for the… see note
§ 6047.17 This article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. see note
§ 6047.18 This article shall be liberally construed. If any provision of this article or the application thereof to any person or circumstances is held to be invalid,… see note
§ 6047.19 (a) On or before December 31 of every year, the secretary, after consultation with the board, shall make publicly available on the department’s internet…
§ 6047.20 This article shall become inoperative as of March 1, 2026, unless the secretary finds, in a referendum conducted by the secretary, or a person designated by…
§ 6047.21 (a) No later than April 15, 2025, the secretary shall establish a list of those persons eligible to vote on the continued implementation of this article. (b)… see note
§ 6047.22 For the purpose of voting in the referendum required in Section 6047.20, only a person required to pay the assessment pursuant to Section 6047.8 shall have the… see note
§ 6047.23 In determining whether this article shall become inoperative, the secretary shall find that at least 40 percent of the total number of persons from the list… see note
§ 6047.24 In determining whether the referendum is approved by producers pursuant to the provisions of this article, the secretary shall consider the vote in favor of… see note
§ 6047.25 The secretary shall establish a period in which to conduct the referendum that shall not be less than 10 days nor more than 60 days in duration. The secretary… see note
§ 6047.26 Nonreceipt of a ballot shall not invalidate a referendum. see note
§ 6047.27 (a) If the secretary finds that a favorable vote as provided in this article has not been given subsequent to the operative date of the amendments to this…
§ 6047.28 (a) The provisions of this article are severable. (b) If any provision of this section or its application is held invalid, that invalidity shall not affect… see note
§ 6047.29 (a) The secretary shall appoint an advisory task force consisting of scientific experts, including, but not limited to, university researchers and agricultural…
§ 6047.30 (a) The board may, after consulting with the advisory task force and upon making findings as described in this section, recommend to the secretary, and the… see note