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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 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 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  person in violation of the
requirement that   commercial licensed fisherman and any
person who deals in fresh or frozen fish for profit to transmit
 the prescribed accounting record information  be in the
English language for the first time to have 30 days from the
issuance of the citation to correct the violation by providing a
translation in the English language to any fish and game warden. The
bill would require the citation to be dismissed if the fish and game
warden finds the corrected accounting information to be in compliance
with these provisions   , as further specified, to any
business that deals in fish for profit. 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:  no   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 number of the seller or
distributor.
   (5) The date of sale.
   (6) The price paid.
   (7) The intended use.
   (b)  (1)     Accounting
  A person identified in subdivision (a) shall transmit
any accounting  record information required by this 
section that is transmitted from any person identified in subdivision
(a)   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  shall be    and shall
provide the accounting record information  in the English
language. 
   (2) A person in violation of this subdivision for the first time
shall have 30 days from the issuance of the citation to correct the
violation by providing a translation of the accounting record
information in the English language to any fish and game warden. The
citation shall be dismissed if the fish and game warden finds the
corrected accounting record information to be in compliance with this
subdivision. 
   (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.