01-15-2014, 09:06 AM
Join Date: Oct 2009
Yee Bill To Diminish English Language
This is another, horrible bill that flies against the state constitution's protection of the English language. It also cripples the state Fish and Game wardens ability to track Abalone and other fish poachers.
Basically it would change the requirements that all receipts kept by retailers be in English. It would place the burden on the poachers to keep records in English. Is that ridiculous, or what?
n act to amend Section 8050 of the Fish and Game Code, relating to fish and wildlife.
LEGISLATIVE COUNSELíS 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 requiresbegin insert any ofend insert 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 abegin delete person in violation of the requirement thatend deletebegin insert commercial licensed fisherman and any person who deals in fresh or frozen fish for profit to transmitend insert the prescribed accounting record informationbegin delete 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 provisionsend deletebegin insert, 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 programend insert.
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.
end insertbegin insert
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: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
P2 1SECTION 1.
Section 8050 of the Fish and Game Code is
2amended to read:
(a) In addition to the receipt required in Section 8043,
4every person licensed under Article 7 (commencing with Section
58030), and any commercial fisherman who sells fish to persons
6who are not licensed under Article 7 (commencing with Section
78030), and any person who deals in fresh or frozen fish for profit,
8shall keep accounting records in which all of the following shall
10(1) The names of the different species.
11(2) The number of pounds sold, distributed, or taken of each
13(3) The name of the person to whom the fish were sold or
15(4) The name, address, and phone number of the seller or
17(5) The date of sale.
18(6) The price paid.
19(7) The intended use.
20(b) begin delete(1)end deletebegin delete end deletebegin deleteAccounting end deletebegin insertA person identified in subdivision (a) shall
21transmit any accounting end insertrecord information required by thisbegin delete section
22that is transmitted from any person identified in subdivision (a)end delete
23begin insert section, including, but not limited to, the bill of lading, manifest,
24advanced shipping notice, or alternative accounting record
25document,end insert to any business that deals in fish for profitbegin delete shall beend deletebegin insertend insertbegin insertand
26shall provide the accounting record informationend insert in the English
28(2) A person in violation of this subdivision for the first time
29shall have 30 days from the issuance of the citation to correct the
P3 1violation by providing a translation of the accounting record
2information in the English language to any fish and game warden.
3The citation shall be dismissed if the fish and game warden finds
4the corrected accounting record information to be in compliance
5with this subdivision.
6(c) The accounting records shall be maintained by both buyer
7and seller for a period of three years and upon request, shall be
8open for inspection during normal business hours by the
9department. The accounting records shall be maintained within
10the State of California.
11(d) The names used for designating the species of fish shall be
12those in common usage unless otherwise designated by the
begin insertSEC. 2.end insert
end insertbegin insert
No reimbursement is required by this act pursuant to
15Section 6 of Article XIII B of the California Constitution because
16the only costs that may be incurred by a local agency or school
17district will be incurred because this act creates a new crime or
18infraction, eliminates a crime or infraction, or changes the penalty
19for a crime or infraction, within the meaning of Section 17556 of
20the Government Code, or changes the definition of a crime within
21the meaning of Section 6 of Article XIII B of the California