Bill Text: CA SB249 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Assault weapons.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed - Dead) 2012-08-16 - Hearing postponed by committee. [SB249 Detail]

Download: California-2011-SB249-Amended.html
BILL NUMBER: SB 249	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 14, 2011
	AMENDED IN SENATE  APRIL 25, 2011

INTRODUCED BY   Senator Yee
   (Principal coauthor: Assembly Member Ma)

                        FEBRUARY 10, 2011

   An act to add Section 4132 to the Food and Agricultural Code,
relating to district agricultural associations.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 249, as amended, Yee. District agricultural associations: 1-A
District Agricultural Association:  membership. 
 facilities. 
   Existing law divides the state into district agricultural
associations for the purposes of, among other things, holding fairs
and expositions exhibiting all of the industries and industrial
enterprises, resources, and products of every kind or nature of the
state with a view toward improving, exploiting, encouraging, and
stimulating those industries. Existing law provides that the 1-A
District Agricultural Association  is   governs
the agricultural district that encompasses  the County of San
Mateo and the City and County of San Francisco.  Existing law
provides that the term of office of each director of an agricultural
association is 4 years, except as specified, provides for the
staggering of terms, and requires directors to be appointed by the
Governor. 
   This bill would require  that for the directors of the 1-A
District Agricultural Association, 2 directors be appointed by the
Governor, unless the Mayor of San Francisco elects to exercise that
authority, as specified, 2 directors be appointed by the Governor,
unless the Mayor of Daly City elects to exercise that authority, as
specified, and 5 directors be appointed by the Governor. Once those
appointments have been made, when there is a vacancy on the board, a
successor would be appointed in the same manner as was his or her
predecessor.   the 1-A District Agricultural
Association, 30 days before final approval of the use of a facility
that is owned or leased by the association by any exhibitor that is
not a public entity, to submit to the City and County of San
Francisco, the City of Daly City, and the San Mateo County Manager a
complete and detailed written description of the proposed event,
including a specified risk assessment. The bill would require the
association to include in the contract with the exhibitor, or as an
addendum to a contract, a provision requiring the exhibitor to assume
all financial liability for the event. The bill would also require
that the exhibitor reimburse the jurisdictions surrounding the
facility for the actual costs of emergency services incurred as a
result of or   caused by the event held at the facility. The
bill would also require the association to enforce this bill by
requiring a sufficient security bond or other guarantees from the
exhibitor that are acceptable to the jurisdictions surrounding the
facility and the board of the association. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 4132 is added to the  
Food and Agricultural Code   , to read:  
   4132.  (a) The 1-A District Agricultural Association shall, 30
days before final approval of the use of a facility that is owned or
leased by the 1-A District Agricultural Association by any exhibitor
that is not a public entity, submit to the City and County of San
Francisco, the City of Daly City, and the San Mateo County Manager a
complete and detailed written description of the proposed event. The
written description shall include a risk assessment of possible
financial burdens relative to providing emergency services that may
be placed upon any of the jurisdictions surrounding the facility.
   (b) In the contract between the association and the exhibitor, or
as an addendum to a contract, the 1-A District Agricultural
Association shall include a provision in which the exhibitor assumes
all financial liability for the event held at the facility.
   (c) The exhibitor shall reimburse the jurisdictions surrounding
the facility for the actual costs of emergency services incurred as a
result of or caused by the event held at the facility. The 1-A
District Agricultural Association shall enforce this section by
requiring a sufficient security bond or other guarantees from the
exhibitor that are acceptable to the jurisdictions surrounding the
facility and the board of the 1-A District Agricultural Association.
 
  SECTION 1.    Section 4132 is added to the Food
and Agricultural Code, to read:
   4132.  (a) The board of directors of the 1-A District Agricultural
Association shall consist of nine members, and, notwithstanding
Section 3959, shall be appointed as follows:
   (1) Five members appointed by the Governor.
   (2) Two members appointed by the Governor, unless the Mayor of San
Francisco, within 30 days after the vacancy arises, elects to
exercise that authority, notifies the Governor during that 30-day
period of his or her decision, and actually makes the appointments,
in which case the mayor is authorized to appoint those members.
   (3) Two members appointed by the Governor, unless the Mayor of
Daly City, within 30 days after the vacancy arises, elects to
exercise that authority, notifies the Governor during that 30-day
period of his or her decision, and actually makes the appointments,
in which case the mayor is authorized to appoint those members.
   (b) (1) Appointments shall be made as vacancies occur and no
person shall be appointed to serve on the board of directors of the
1-A District Agricultural Association who is not a person specified
in paragraph (2) or (3) of subdivision (a) until the requirements in
those paragraphs have been met. This section shall not be construed
to limit the term of any member of the board of directors of the 1-A
District Agricultural Association who is a director at the time this
section becomes effective.
   (2) After the requirements in paragraphs (2) and (3) of
subdivision (a) have been met, when there is a vacancy on the board,
a successor shall be appointed in the same manner as was his or her
predecessor. 
                           
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