Bill Text: CA SB764 | 2013-2014 | Regular Session | Amended

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Bill Title: Fish: accounting records: violation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-01-23 - In Assembly. Read first time. Held at Desk. [SB764 Detail]

Download: California-2013-SB764-Amended.html

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BILL NUMBER: SB 764	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 15, 2014
	AMENDED IN SENATE  JANUARY 9, 2014
	AMENDED IN SENATE  JANUARY 6, 2014

INTRODUCED BY   Senator Yee

                        FEBRUARY 22, 2013

   An act to amend Section 8050 of the Fish and Game Code, relating
to fish and wildlife.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 764, as amended, Yee. Fish: accounting records: violation.
   Existing law requires commercial licensed  fisherman
  fishermen  and any person who deals in fresh or
frozen fish for profit to keep prescribed accounting records.
Existing law requires any of this accounting record information that
is transmitted to any business that deals in fish for profit to be in
the English language. Under existing law, a violation of any
provision of the Fish and Game Code, or any rule, regulation, or
order made or adopted under those provisions, is a misdemeanor,
unless otherwise specified.
   This bill would require a commercial licensed fisherman and any
person who deals in fresh or frozen fish for profit to transmit the
prescribed accounting record information, as further specified, to
any business that deals in fish for profit.  The bill would
permit the accounting record information to be provided in one or
more additional languages.  By expanding the definition of a
crime, this bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 8050 of the Fish and Game Code is amended to
read:
   8050.  (a) In addition to the receipt required in Section 8043,
every person licensed under Article 7 (commencing with Section 8030),
and any commercial fisherman who sells fish to persons who are not
licensed under Article 7 (commencing with Section 8030), and any
person who deals in fresh or frozen fish for profit, shall keep
accounting records in which all of the following shall be recorded:
   (1) The names of the different species.
   (2) The number of pounds sold, distributed, or taken of each
different species.
   (3) The name of the person to whom the fish were sold or
distributed.
   (4) The name, address, and  phone  telephone
 number of the seller or distributor.
   (5) The date of sale.
   (6) The price paid.
   (7) The intended use.
   (b) A person identified in subdivision (a) shall transmit any
accounting record information required by this section, including,
but not limited to, the bill of lading, manifest, advanced shipping
notice, or alternative accounting record document, to any business
that deals in fish for profit and shall provide the accounting record
information in the English language  , and may also provide it
in one or more additional languages  .
   (c) The accounting records shall be maintained by both buyer and
seller for a period of three years and upon request, shall be open
for inspection during normal business hours by the department. The
accounting records shall be maintained within the State of
California.
   (d) The names used for designating the species of fish shall be
those in common usage unless otherwise designated by the department.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.