Bill Text: CA SB1085 | 2009-2010 | Regular Session | Chaptered
Bill Title: 50th District Agricultural Association: joint powers
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2010-09-27 - Chaptered by Secretary of State. Chapter 320, Statutes of 2010. [SB1085 Detail]
Download: California-2009-SB1085-Chaptered.html
BILL NUMBER: SB 1085 CHAPTERED
BILL TEXT
CHAPTER 320
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2010
APPROVED BY GOVERNOR SEPTEMBER 25, 2010
PASSED THE SENATE AUGUST 19, 2010
PASSED THE ASSEMBLY AUGUST 12, 2010
AMENDED IN ASSEMBLY JUNE 28, 2010
AMENDED IN ASSEMBLY JUNE 23, 2010
AMENDED IN SENATE MAY 28, 2010
AMENDED IN SENATE APRIL 27, 2010
INTRODUCED BY Senator Runner
(Coauthor: Assembly Member Knight)
FEBRUARY 17, 2010
An act to amend Section 19418 of the Business and Professions
Code, and to add Article 3.8 (commencing with Section 4171) to
Chapter 6 of Part 3 of Division 3 of the Food and Agricultural Code,
relating to district agricultural associations.
LEGISLATIVE COUNSEL'S DIGEST
SB 1085, Runner. 50th District Agricultural Association: joint
powers agreement.
Existing law divides the state into agricultural districts within
the boundaries of which agricultural associations may be formed.
Existing law provides that District 50 is all that portion of Los
Angeles County which lies north of the south line of Township 5
North, San Bernardino base.
This bill would authorize the 50th District Agricultural
Association, with the consent of the Secretary of Food and
Agriculture, to enter into a joint powers agreement for the purpose
of creating a joint powers agency to operate, maintain, and improve
the facilities and functions of the 50th District Agricultural
Association. The bill would specify the powers of the joint powers
agency, and would authorize it to accept the donation of, acquire,
own, sell, or lease real property and to pledge its property or
revenue for the sale of bonds to construct, equip, and furnish
related facilities. The bill would permit employees of the 50th
District Agricultural Association to make an election concerning
employment with the joint powers agency, as provided.This bill would
provide that the state is not liable for any debt of the joint powers
agency.
Existing law authorizes a nonprofit organization to elect to be a
member of the network of California fairs on conditions mutually
agreed upon by the Department of Food and Agriculture and the
nonprofit organization.
This bill would also provide that the joint powers agency may
elect to be a member of the network of California fairs on terms and
conditions mutually agreed upon by the Department of Food and
Agriculture and the joint powers agency.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 19418 of the Business and Professions Code is
amended to read:
19418. (a) "State designated fairs," referred to in this chapter
as fairs, means the California Exposition and State Fair in the City
of Sacramento and those fairs specified in Sections 19418.1, 19418.2,
and 19418.3 that may receive financial support or are otherwise
governed pursuant to this chapter. These fairs may also be referred
to as part of the "network of California fairs."
(b) A nonprofit organization that holds an annual fair pursuant to
Section 4163 of the Food and Agricultural Code may elect to be a
member of the network of California fairs on terms and conditions
mutually agreed upon by the Department of Food and Agriculture and
the nonprofit organization.
(c) A joint powers agency that holds an annual fair pursuant to
Section 4171 of the Food and Agricultural Code may elect to be a
member of the network of California fairs on terms and conditions
mutually agreed upon by the Department of Food and Agriculture and
the joint powers agency.
SEC. 2. Article 3.8 (commencing with Section 4171) is added to
Chapter 6 of Part 3 of Division 3 of the Food and Agricultural Code,
to read:
Article 3.8. 50th District Agricultural Association
4171. (a) Notwithstanding any other provision of law, the 50th
District Agricultural Association, with the consent of the secretary,
may enter into a joint powers agreement pursuant to Chapter 5
(commencing with Section 6500) of Division 7 of Title 1 of the
Government Code for the purpose of creating a joint powers agency to
operate, maintain, and improve the facilities and functions of the
50th District Agricultural Association. This joint powers agency's
duties shall include planning, designing, and constructing real
property improvements, including new construction, alteration,
extension, betterment, and repair, and purchasing fixed and movable
equipment related to the facilities and functions of the 50th
District Agricultural Association.
(b) The joint powers agency may accept the donation of, acquire,
own, sell, or lease real property, and may pledge its property or
revenue for the sale of bonds to construct, equip, and furnish the
facilities, parking facilities, and any betterments, improvements,
and facilities related thereto.
(c) The joint powers agency may make and enter into contracts and
employ agents and employees. The joint powers agency may manage,
maintain, and operate the facilities, or may enter into management
contracts for the operation of the facilities. The planning,
designing, and constructing of these improvements, and the agency's
other duties, as specified in this section, shall be undertaken in
accordance only with those restrictions applicable to the joint
powers agency.
(d) Prior to the commencement of the joint powers agreement, the
parties to the agreement and the department shall ensure that every
employee in the civil service of the 50th District Agricultural
Association is provided with the option of continuing his or her
employment with the state, or of accepting a position as an employee
of the joint powers agency.
(1) With respect to an employee who chooses to continue his or her
employment with the state, the employee shall continue to be subject
to all of the provisions governing civil service employees, and,
additionally, all of the following shall apply:
(A) The joint powers agency shall contract with the department for
the services of the employee, consistent with his or her civil
service classification and status.
(B) The employee has the right to continue to provide services to
the joint powers agency pursuant to that contract during the time the
employee continues in the civil service classification he or she
held at the time of the employee's election.
(2) With respect to an employee who chooses to leave his or her
employment with the state and become an employee of the joint powers
agency, those employees are not employees of the state, and are not
subject to the requirements of Chapter 10.3 (commencing with Section
3512) and Chapter 10.5 (commencing with Section 3525) of Division 4
of Title 1 of the Government Code.
(3) If a position filled by a civil service employee pursuant to
contract with the department becomes vacant, the joint powers agency
may fill the position with a non-civil-service employee.
(e) If the joint powers agency contracts with another entity for
the operation or management of the facilities, the requirements of
subdivision (d) shall apply to the new entity prior to commencement
of any agreement.
(f) The State of California is not liable for any debts,
liabilities, settlements, liens, or any other obligations incurred by
or imposed upon the joint powers agency. The joint powers agreement
executed pursuant to this section shall expressly provide that the
General Fund and the Fair and Exposition Fund shall be held harmless
from all debts, liabilities, settlements, judgments, or liens
incurred by the joint powers agency, and that neither the state nor
any agency or division thereof shall be liable for any contract,
tort, action or inaction, error in judgment, mistake, or other act
taken by the joint powers agency, or any of its employees, agents,
servants, invitees, guests, or anyone acting in concert with, or on
the behalf of, the joint powers agency.
