(a) For purposes of this chapter, the following definitions apply: (1) âManagerial employeeâ means a person who meets all of the following criteria: (A) Has management authority with responsibility to oversee the care and well-being of the qualifying livestock producerâs livestock. (B) Primarily engages in managerial job duties and customarily and regularly exercises discretion and independent judgment in these duties. These duties shall be specified in a written job description issued no later than 90 days before the date of the flood, storm, fire, earthquake, or other disaster. (C) Earns a monthly salary equivalent to no less than two times the state minimum wage for full-time employment at the time of the flood, storm, fire, earthquake, or other disaster. (2) âQualifying livestock producerâ means a commercial livestock producer, as determined by the county agency, who has been certified as successfully completing the curriculum developed pursuant to Section 13105.6 of the Health and Safety Code. (b) (1) Upon the approval of a county board of supervisors, a county agricultural commissioner, or other agency designated by the county board of supervisors, is authorized to establish within that county a livestock pass program for the purpose of issuing identification documents granting any qualifying livestock producer, or a managerial employee of the qualifying livestock producer, access to the qualifying livestock producerâs ranch property during or following a flood, storm, fire, earthquake, or other disaster. (2) (A) A managerial employee of a qualifying livestock producer shall not be required by the qualifying livestock producer to obtain a livestock pass. Access to a qualifying livestock producerâs ranch by a managerial employee shall be fully voluntary on the part of the managerial employee. (B) A person shall not require any employee to obtain or use a livestock pass or to enter or be present on the livestock producerâs ranch property during or following a flood, storm, fire, earthquake, or other disaster. A person shall not in any manner discriminate, retaliate, or take any adverse action against an employee for refusing to obtain or use a livestock pass or to enter or be present on the livestock producerâs ranch property during or following a flood, storm, fire, earthquake, or other disaster. Any person who believes that they have been discriminated or retaliated against in violation of this section may, in addition to any other available remedy, file a complaint pursuant to Section 98.7 of the Labor Code for remedies available under Section 98.6 of the Labor Code. (C) Nothing in this section shall be construed as requiring a managerial employee of a qualifying livestock producer to be present on a ranch property during or following a flood, storm, fire, earthquake, or other disaster. (c) (1) An applicant for a livestock pass shall provide, or the relevant county agency shall otherwise obtain, documentation sufficient to demonstrate that the applicant is a commercial livestock producer, or a managerial employee of a commercial livestock producer. The documentation may include, but is not limited to, any of the following: (A) An operator identification number issued by a county agricultural commissioner. (B) An Internal Revenue Service Schedule F (Form 1040) attesting to the applicantâs Profit or Loss From Farming. (C) Assessorâs parcel numbers confirming agricultural zoning for the property or properties upon which access is sought. (D) Agricultural land lease documentation. (E) Documentation attesting to the applicantâs enrollment in a Williamson Act contract as authorized pursuant to Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5 of the Government Code. (F) Documentation from the United States Department of Agriculture Farm Service Agency attesting that the applicant is a commercial livestock producer. (G) Current registration of a livestock brand with the Bureau
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