Article 8.5 - Pierce’s Disease and the Glassy-winged Sharpshooter

California Food and Agricultural Code — §§ 6047.1-6047.30

Sections (49)

Amended by Stats. 2009, Ch. 325, Sec. 2. (SB 2) Effective January 1, 2010. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.

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 the transmittal of the plant killing bacterium that causes Pierce’s disease and to contain its vectors, particularly the glassy-winged sharpshooter, and if measures are not taken to prevent or inhibit infestations by other designated pests and diseases. Furthermore, progress made by winegrape growers and others in the adoption of integrated pest management and sustainable farming practices is threatened by these destructive pests and diseases.

(b)The funding to accomplish the purposes of this article shall be derived from an

assessment on all grapes grown in California and crushed for wine, wine vinegar, juice, concentrate, or beverage brandy.

(c)This article is not intended to establish a precedent, or to supersede, or to reduce or in any way alter government funding of the effort to combat Pierce’s disease and other pests in this state.

(d)The purposes of this article are enhanced by the many and varied efforts of other agricultural commodities’ industries to combat this bacterium and its vectors and other designated pests and diseases.

(e)This article is enacted for the protection of the winegrape industry and is also declared to be enacted in the public interest and in the exercise of the police power of the state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state.

(f)The assessments shall be collected and expended for purposes consistent with Sections 6046 and 6047.30.

§ 6047.2

Amended by Stats. 2009, Ch. 325, Sec. 3. (SB 2) Effective January 1, 2010. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.

For the purposes of this article, the following definitions shall govern its construction:

(a)“Board” means the Pierce’s Disease and Glassy-winged Sharpshooter Board.

(b)“Department” means the Department of Food and Agriculture.

(c)“Marketing season” begins July 1 of each year and ends June 30 of the next year.

(d)“Producer” means a grower, including a cooperative, of grapes in California for wine, wine vinegar, juice, concentrate, or beverage brandy.

(e)“Processor” means a processor

who crushes grapes in California for wine, wine vinegar, juice, concentrate, or beverage brandy.

(f)“Person” means a producer, processor, or any other entity that holds title to grapes subject to assessment.

(g)“Purchase” means the taking by sale, discount, negotiation, mortgage, pledge, lien, issue or reissue, gift, or any other voluntary transaction creating an interest in property. For purposes of this subdivision, “sale” shall consist of the passing of title from the seller to the buyer for a price.

(h)“Purchased grapes” means grapes grown in California, crushed by a processor for wine, wine vinegar, juice, concentrate, or beverage brandy, and purchased from a person considered a separate entity from the purchaser.

(i)“Grapes not purchased”

means all other grapes grown in California and crushed by a processor for wine, wine vinegar, juice, concentrate, or beverage brandy, including, but not limited to, the following:

(1)Grapes grown by a person who is not considered a separate entity from the processor or who is a member of the processor cooperative.

(2)Grapes not purchased and crushed to the account of a person who retains ownership of the grapes.

(j)“Secretary” means the Secretary of Food and Agriculture.

(k)“Other designated pests and diseases” means pests and diseases designated by the secretary as provided in Section 6047.30.

§ 6047.3

Amended by Stats. 2004, Ch. 485, Sec. 3. Effective September 10, 2004. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.

(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 Board, which shall consist of at least 14, but not more than 15 members, of which eight shall be representatives of producers who are not also processors and six shall be representatives of processors who are also producers.

(b)The secretary shall appoint the members of the board from recommendations received from the industry. In making the appointments, the secretary shall select no more than one person from a producer or processor entity and shall ensure that there is representation on the board from each of the major grape production areas in the state.

(c)The secretary may appoint one additional member to the board, from nominees received from the board, who shall serve as the public member. The public member shall represent the interests of the public in all matters coming before the board and shall have the same voting and other rights and immunities as other members of the board.

(d)The secretary and other appropriate individuals, as determined by the board, shall be nonvoting ex officio members of the board.

(e)It is hereby declared, as a matter of legislative determination, that persons appointed to the board are intended to represent and further the interests of the industry concerned, and that this representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to the board, the industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code.

§ 6047.10

Amended by Stats. 2025, Ch. 188, Sec. 1. (AB 1322) Effective January 1, 2026. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.

(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 assessments remitted into the Department of Food and Agriculture Fund.

(b)In no event shall any proprietary information specified in Section 6047.13 that is received by the department in collecting assessments be transferred to the board.

(c)Processors shall not charge producers an administrative fee for collecting and remitting assessments.

§ 6047.11

Added by Stats. 2001, Ch. 103, Sec. 3. Effective July 25, 2001. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.

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 the evidence.

§ 6047.12

Amended by Stats. 2010, Ch. 328, Sec. 73. (SB 1330) Effective January 1, 2011. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.

(a)Expenditures charged by the department and the board for administrative purposes shall not exceed a total of 14 percent of the assessments collected pursuant to this article. Administrative purposes shall include, but not be limited to, all auditing expenses and all costs and attorney’s fees resulting from, or relating to, litigation involving this article against the department, or the board and its members and agents, and expenses associated with Section 6047.4 and paragraphs (1) and (2) of subdivision (a) of Section 6047.5.

(b)Notwithstanding subdivision (a), the Joint Legislative Audit Committee and the State Auditor shall maintain independent authority to audit the expenditure of industry

assessments.

§ 6047.13

Amended by Stats. 2005, Ch. 12, Sec. 1. Effective June 9, 2005. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.

(a)All proprietary information obtained by the board or the department from producers, processors, or any other source, including, but not limited to, the name, addresses, and assessments collected from individual producers and processors in the possession of the board or the department, including processors’ lists of their producers and the assessment of individual producers, is confidential and shall not be disclosed, except when required by a court order issued upon a showing of good cause and that the information is necessary to a judicial proceeding involving this article.

(b)Disclosure, as permitted under this section, shall be conducted in camera by the court.

(c)The court shall, in the court’s discretion, issue orders restraining a party or parties to a judicial proceeding involving this article from disseminating any proprietary information to the public or any other person not a party to that judicial proceeding.

§ 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 required by the secretary shall be an action to collect the delinquent assessments and payment to the secretary a penalty of 10 percent of the amount of the assessment determined to be due and, in addition, payment to the secretary of 11/2percent interest per month on the unpaid balance.

(b)A producer may not bring any claim against a processor for damages, or otherwise, in connection with the assessment or the required deduction by the processor of the moneys owed to the producer as provided in this article.

§ 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 defray financial obligations incurred pursuant to this article shall be returned on a pro rata basis to all persons from whom assessments were collected during the marketing season immediately preceding the date of termination or paid to any existing state or federal program engaged in disease prevention or research activities in the grape industry. The assessments refunded to processors shall be paid to producers if the assessment was previously deducted from moneys owed to the producer by the processor.

§ 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 actions of the board or the department. No member or agent of the board is responsible individually in any way to any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as a principal, agent, or employee, except for his or her own individual acts of dishonesty or crime. No member or agent of the board, is responsible individually for an act or omission of any other member or agent of the board, or the department. Liability is several and not joint, and no member or agent of the board is liable for the default of any other member or agent of the board, or the department.

§ 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.

§ 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, the invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and, to this end, the provisions of this article are severable.

§ 6047.19

Amended by Stats. 2024, Ch. 197, Sec. 2. (AB 1861) Effective January 1, 2025. Repealed as of March 1, 2031, by its own provisions. Note: Repeal affects Article 8.5, comprising Sections 6047.1 to 6047.30. See also repeal in Section 6047.29.

(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 website, a report on the status of this article and Article 8 (commencing with Section 6045), including, but not limited to, program expenditures, progress, and ongoing priorities in

combating Pierce’s disease and its vectors in California for the previous calendar year.

(b)The report shall include a financial accounting, including the distribution of industry assessments and any unexpended amount on deposit, of the department’s efforts to contain Pierce’s disease and its vectors.

(c)If this article does not become inoperative on an earlier date pursuant to Section 6047.20 or 6047.27, this article shall remain in effect only until March 1, 2031, and in any case is repealed as of that date, unless a later enacted statute, that is enacted before March 1,

2031,

deletes or extends that date.

§ 6047.20

Amended by Stats. 2024, Ch. 197, Sec. 3. (AB 1861) Effective January 1, 2025. Repealed as of March 1, 2031, pursuant to Section 6047.19. Note: Except for Sections 6047.19 and 6047.29, the inoperation clause in this section applies to Article 8.5, comprising Sections 6047.1 to 6047.30.

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 the secretary, subsequent to the operative date of the amendments to this section adopted in 2024, that a favorable vote has been given pursuant to this article.

§ 6047.21

Amended by Stats. 2024, Ch. 197, Sec. 4. (AB 1861) Effective January 1, 2025. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.

(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)Eligibility shall be limited to the producers, processors, and persons who paid the assessment on grapes crushed in the immediately preceding season.

(c)(1) In establishing the list, the secretary may require processors, producers, and others to submit the names, mailing addresses, and assessment values of all producers who paid

the assessment on grapes crushed in the immediately preceding marketing season.

(2)The information required by the secretary shall be filed either with the annual assessment report or no later than 30 days following receipt of a written notice from the secretary requesting the information.

(d)Any producer whose name does not appear on the secretary’s list may have their name added to the list by filing with the secretary a signed statement identifying them as a producer that paid an assessment during the most recent marketing season.

§ 6047.22

Added by Stats. 2004, Ch. 485, Sec. 11. Effective September 10, 2004. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.

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 right to vote.

§ 6047.23

Added by Stats. 2004, Ch. 485, Sec. 12. Effective September 10, 2004. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.

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 established by the secretary participated in the referendum, and that either one of the following occurred:

(a)65 percent or more of the persons who voted in the referendum voted in favor of this article, and the persons who voted paid a majority of the assessment dollars on grapes in the preceding marketing season that were paid by all the persons who voted in the referendum.

(b)A majority of the persons who voted in the referendum voted in favor of this article, and the persons who voted paid 65 percent or more of the assessment dollars on grapes in the preceding marketing season that were paid by all the persons who voted in the referendum.

§ 6047.24

Added by Stats. 2004, Ch. 485, Sec. 13. Effective September 10, 2004. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.

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 the referendum of any nonprofit agricultural cooperative marketing association, which is authorized by its members so to assent, as being the assent, approval, or favor of the producers that are members of, or stockholders in, that nonprofit agricultural cooperative marketing association.

§ 6047.25

Added by Stats. 2004, Ch. 485, Sec. 13.5. Effective September 10, 2004. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.

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 may prescribe additional procedures to conduct the referendum. If the initial period established is less than 60 days, the secretary may extend the period. However, the total referendum period may not exceed 60 days.

§ 6047.26

Added by Stats. 2004, Ch. 485, Sec. 14. Effective September 10, 2004. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.

Nonreceipt of a ballot shall not invalidate a referendum.

§ 6047.27

Amended by Stats. 2024, Ch. 197, Sec. 5. (AB 1861) Effective January 1, 2025. Repealed as of March 1, 2031, pursuant to Section 6047.19. Note: Except for Sections 6047.19 and 6047.29, the inoperation clause in subd. (a) applies to Article 8.5, comprising Sections 6047.1 to 6047.30.

(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 section adopted in 2024, this article shall become inoperative as of March 1, 2026.

(b)If the secretary finds that a favorable vote has been given as provided in this article, the secretary shall certify and give notice of

the favorable vote to all persons whose names and addresses may be on file with the secretary as provided in Section 6047.21.

§ 6047.28

Added by Stats. 2004, Ch. 485, Sec. 16. Effective September 10, 2004. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.

(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 other provisions or applications that can be given effect without the invalid provision or application.

§ 6047.29

Amended by Stats. 2024, Ch. 197, Sec. 6. (AB 1861) Effective January 1, 2025. Repealed as of March 1, 2031, by its own provisions.

(a)The secretary shall appoint an advisory task force consisting of scientific experts, including, but not limited to, university researchers and agricultural representatives, for the purpose of advising the secretary on the control and management of Pierce’s disease.

(b)Members of the advisory task force, or alternate members when acting as members, may be reimbursed, upon request, for necessary expenses incurred by them in the performance of their duties.

(c)Notwithstanding Sections 6047.20 and 6047.27, this section shall remain in effect until March 1,

2031, and as of that date is repealed, unless a later enacted statute, that is enacted before March 1, 2031, deletes or extends that date.

§ 6047.30

Added by Stats. 2009, Ch. 325, Sec. 11. (SB 2) Effective January 1, 2010. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.

(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 secretary may determine, that a pest or disease affecting grapes grown in California and crushed for wine, wine vinegar, juice, concentrate, or beverage brandy be designated as an other designated pest or disease, and that money should be expended on research and outreach programs for purposes consistent with Sections 6046 and 6047.1 relating to the other designated pest or disease. However, no General Fund moneys shall be expended after March 1, 2011, on new research and outreach programs relating to other designated pests or diseases.

(b)The board’s findings in support of a recommendation under this section shall include all of the

following:

(1)The pest or disease would adversely affect the health of grape vines, the yield from grape vines, or the quality of grapes grown on the vines if the pest or disease becomes established in California or expands to new areas of the state.

(2)The pest or disease would significantly damage the state’s agricultural business economy if allowed to become established in California or expand to new areas of the state.

(3)Significant portions of the grape producing areas of the state are now affected, or reasonably likely to be adversely affected in the future, by the spread of the pest or disease.

(4)Expenditures of money approved by the secretary based on the findings and recommendations described in this section will not, to a substantial degree, diminish any expenditures under Article 8 (commencing with Section 6045) or this

article on Pierce’s disease and its vectors, particularly the glassy-winged sharpshooter, research, work plans, and program activities.

(5)Scientific experts, including, but not limited to, university researchers, entomologists, plant pathologists, economists, and other agricultural representatives have provided information and advice in support of the findings described in paragraphs (1), (2), (3), and (4). For purposes of this paragraph, it is not required that all scientific experts consulted by the board agree or provide similar advice.

§ 6047.100

Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.

The general provisions of the laws of this state, prescribing the requirements for and manner of levying and collecting county taxes and the duties of the several county officers with respect to levying and collecting county taxes, are, so far as they are applicable and not in conflict with the specific provisions of this article, hereby adopted and made a part of this article. This article, however, shall operate so as to be compliant with Article XIII (C) and XIII (D) of the California Constitution, as incorporated by Proposition 218 of 1996. The several county officers referred to shall be liable upon their several official bonds for the faithful discharge of the duties imposed upon them by this article.

§ 6047.101

Amended by Stats. 2004, Ch. 400, Sec. 21. Effective September 9, 2004.

The revenue from the assessments imposed pursuant to this article by the district are trust funds and shall be encumbered only for the purposes for which the district is formed and for the benefit of the acreage assessed. The district shall expend the minimum amount necessary for overhead and other administrative costs. No district funds shall be donated, loaned, or transferred to any other local agency or to the state for any purpose, except for the implementation of the duties of the district, set forth under this article, as determined to be necessary by the district board.

§ 6047.102

Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.

(a)The county treasury shall be the repository of all the moneys of the district. The county treasurer shall receive and receipt for all those moneys, and place them to the credit of the district.

(b)The county treasurer shall be responsible upon his or her official bond for the safekeeping and disbursement, in the manner provided in this article, of all moneys held in the district.

§ 6047.103

Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.

If a consolidated district includes parts of two or more counties, the repository of all money of the district shall be the county treasury of the county in which is located the largest area of table grape acreage of the district. Money collected for the use of the district in any other county in which a part of the district is located shall be transferred by the county treasurer upon warrant of the county auditor of the county in which the money was collected to the county treasurer of the county serving as repository for the district, in the same manner as prescribed for the disbursement of money held for a local district. Money derived from any county in which the district is located may be expended in any part of the district for the purposes authorized by this article, notwithstanding any other provision of law limiting the expenditure of any money to a specific area or county.

§ 6047.104

Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.

(a)The county treasurer shall pay out money of the district only upon warrants of the county auditor drawn upon the order of the board of directors of the district signed by the chairperson or vice chairperson and attested to by the secretary. The county treasurer, with the approval of the board of supervisors, shall pay out the money of the district upon one master warrant of the county auditor drawn upon the order of the board of directors of the district and signed by the chairperson or vice chairperson and attested to by the secretary, to meet the district’s expenses, including salaries, at intervals approved by the board of supervisors.

(b)The county treasurer shall report, in writing, on the first day of July, October, January, and March of each year, to the board of directors, the amount of money the treasurer then holds for the district, the amount of receipts since the last report, and the amounts paid out. Each report shall be verified and filed with the secretary of the district to whom it is addressed.

§ 6047.105

Amended by Stats. 2004, Ch. 400, Sec. 22. Effective September 9, 2004.

Acreage devoted exclusively to the growing of table grapes within a tract of land outside the district, but in the county in which the district is located, may be annexed to the district in the same manner provided in this article for the formation of the district.

§ 6047.106

Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.

Any two or more districts organized or existing under this article may be consolidated, whether or not the boundaries are coterminous, and whether or not the districts are located in the same county.

§ 6047.107

Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.

The board of directors may adopt a resolution that recites the fact of receipt and the willingness of the district to consolidate, and shall then send copies of the resolution to the board of directors of each of the other districts. The board shall send a certified copy of the resolution to the board of supervisors of the county in which is located the largest area of table grape acreage of the proposed consolidated district, and a copy of the resolution to the board of supervisors of each of the other counties in which is located any part of the proposed consolidated district.

§ 6047.108

Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.

The board of supervisors of the county in which is located the largest area of table grape acreage of the proposed consolidated district shall fix a time and place for hearing the proposal. Notice shall be given and the hearing conducted in the same manner and with the same effect as prescribed for the formation of a district pursuant to Sections 6047.70, 6047.71, 6047.72, 6047.73, and 6047.74.

§ 6047.109

Amended by Stats. 2004, Ch. 400, Sec. 23. Effective September 9, 2004.

If the board of supervisors determines that consolidation is feasible and in the best interests of the table grape acreage owners of the respective districts, it shall, by resolution duly adopted, declare the districts consolidated into one district, giving the consolidated district a name that includes the term “consolidated.” Certified copies of the resolution shall be filed with the Secretary of State and with the county recorder of each county in which is located any part of the consolidated district. Upon the filing, the districts are consolidated into a single consolidated district with all the rights, privileges, and powers of a district. The consolidated district shall succeed to all the funds and other property, and is subject to all the indebtedness, bonded and otherwise, of the districts consolidated. Each district that is included in the consolidated district shall continue in existence for the purpose of representation on the board of the consolidated district, and for the purpose of levying, assessing, and collecting assessments for district purposes. The board of the consolidated district is, however, the board of each district that is included in the consolidated district.

§ 6047.110

Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.

Upon the adoption of a resolution consolidating two or more districts, the board of supervisors of the county in which is located the largest area of table grape acreage shall immediately appoint a board of directors of at least five members, including at least one member from each of the districts that are included in the consolidated district, and at least two members from each county, if districts located in more than one county are included in the consolidated district. If any of the districts that are included in the consolidated district includes more than 15,000 acres of table grape acreage, the board of directors shall be increased by one additional director for each 10,000 acres, or fraction of 10,000 acres, in any one district that is included in the consolidated district. If the consolidated districts are located in more than two counties, the board of directors of the consolidated district shall have at least seven members.

§ 6047.111

Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.

The board of a consolidated district has all the duties, powers, purposes, responsibilities, and jurisdiction of the board of any other district organized pursuant to this article. The members of the consolidated board shall be appointed in the same manner and serve for the same term as the directors of any other district organized pursuant to this article.

§ 6047.112

Amended by Stats. 2004, Ch. 400, Sec. 24. Effective September 9, 2004.

Any district that has been included in a consolidated district may withdraw from the consolidated district and be reconstituted as a separate district by filing with the board of directors of the consolidated district a petition for withdrawal that is signed by the owners of not less than a majority, by area, of table grape acreage in the district. The board of directors of the consolidated district shall send the original petition to the board of supervisors of the county in which the withdrawing district is located, and a copy of the petition to the board of supervisors of each of the other counties in which is located any part of the consolidated district. Upon receipt of a petition for withdrawal, the board of supervisors of the county in which the withdrawing district is located shall fix a time and place for hearing the petition. Notice shall be given and the hearing conducted in the same manner and with the same effect as prescribed for the formation of a district pursuant to Sections 6047.70, 6047.71, 6047.72, 6047.73, and 6047.74. Upon withdrawal of a district, all moneys collected from the district for the use of the consolidated district, and all property purchased with these moneys, shall remain the property of the consolidated district.

§ 6047.113

Amended by Stats. 2004, Ch. 400, Sec. 25. Effective September 9, 2004.

Upon the filing of a petition with the board of supervisors that is signed by either (1) 50 percent or more of the table grape acreage owners who own 65 percent or more of the affected acreage or by (2) 65 percent or more of the table grape acreage owners who own 50 percent or more of the affected acreage requesting the dissolution of the district, the board of supervisors shall set a time and place for hearing on the petition, which shall not be less than 20 days, or more than 40 days, after the filing of the petition.

§ 6047.114

Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.

The board of supervisors shall give notice of the time and place fixed for the hearing upon the petition for dissolution.

§ 6047.115

Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.

The notice of hearing shall state all of the following:

(a)That a petition has been filed requesting the dissolution of the district.

(b)That the petition is available for inspection at the offices of the board of supervisors.

(c)The time and place for the hearing.

(d)That at the hearing protests against the dissolution of the district shall be considered by the board of supervisors.

§ 6047.116

Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.

Notice of the hearing shall be given by publication in a newspaper of general circulation published and circulated in the district.

§ 6047.117

Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.

The notice shall be published once a week for two successive weeks prior to the date set for the hearing.

§ 6047.118

Amended by Stats. 2004, Ch. 400, Sec. 26. Effective September 9, 2004.

If, at the hearing, a majority of the board of supervisors does not find a compelling reason to override the owners’ petition to dissolve the district, the board of supervisors shall by resolution dissolve the district.

§ 6047.119

Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.

The board of supervisors shall cause a certified copy of the resolution to be recorded in the office of the county recorder and shall file a certified copy of it with the Secretary of State. Thereupon, the district is dissolved for all purposes.

§ 6047.120

Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.

Upon dissolution, the right, title, and interest to property owned or controlled by the district that is situated within the corporate limits of any city shall vest absolutely in the city. If the property is situated outside the corporate limits of a city, it shall vest in the county in which the property is situated.

§ 6047.121

Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.

The board of supervisors is ex officio the governing body of the dissolved district. It may levy assessments and perform other acts solely for the purpose and as may be necessary to wind up the affairs of the district and to raise money for the payment of any outstanding indebtedness.

§ 6047.122

Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.

All claims and accounts against the district that have not been settled by the board within 90 days after the resolution is recorded pursuant to Section 6047.119 shall be presented to the board of supervisors of the county in which the district was located, or in the case of a consolidated district to the board of supervisors of the county in which is located the largest area of table grape acreage, and shall be passed and approved by the board of supervisors in the same manner as county claims and shall be paid out of the funds of the dissolved district.

§ 6047.123

Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.

If there are insufficient funds to discharge all claims and accounts brought pursuant to Section 6047.122, the board of supervisors shall, at the time of levying the next general county taxes, levy a special assessment upon the net acreage devoted to the growing of table grapes that benefited from the dissolved district in an amount sufficient to discharge all outstanding claims and accounts against the district. In the case of a consolidated district, the board of supervisors of each county in which a portion of the district is located shall levy a special assessment based upon the ratio that the proportion of outstanding claims and accounts bears to the net acreage of the district in each county.

§ 6047.124

Amended by Stats. 2004, Ch. 400, Sec. 27. Effective September 9, 2004.

Owners of wine grapes and raisin grapes and any other agricultural commodities may petition to become subject to any district established pursuant to this article. The petition shall adhere to all the requirements of this article and shall require the approval of the board of directors of the affected district. All provisions of this article are hereby incorporated in this section and are applicable to owners who become subject to a district established pursuant to this article as though set forth in full in this section unless a provision in this article expressly states that it is not applicable to this section.