SB 1085 Senate Bill

BILL NUMBER: SB 1085	AMENDED
	BILL TEXT

	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, as amended, Runner. 50th District Agricultural
Association: Antelope Valley Fair: lease.
   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 permit a nonprofit organization to hold an annual
fair in lieu of the annual fair held by the 50th District
Agricultural Association, with the consent of the Secretary of Food
and Agriculture. The bill would permit the Director of General
Services, with the consent of, and on terms approved by, the
secretary, to lease to the nonprofit organization, for  less
than   the fair  market value, the premises known
as the Antelope Valley Fair for a period not to exceed 99 years.
During the period that the lease is in effect, the 50th District
Agricultural Association would be required to be inactive and not
have any powers or duties. The bill would permit employees of the
50th District Agricultural Association to make an election concerning
employment with the nonprofit lessee of those premises, as provided.
The bill would also provide that the nonprofit organization 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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 or 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 nonprofit organization.
  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) With the consent of the secretary, a nonprofit
organization may hold an annual fair in lieu of the annual fair held
by the 50th District Agricultural Association.
   (b) Notwithstanding any other provision of law, the department may
enter into contracts with the nonprofit organization referred to in
subdivision (a) for the receipt of public funds.
   (c) Notwithstanding any other provision of law, the Director of
General Services, with the consent of, and on terms approved by, the
secretary, may lease certain premises commonly known as the Antelope
Valley Fair, containing approximately 135 acres situated in the
County of Los Angeles and the City of Lancaster, to the nonprofit
organization referred to in subdivision (a) for a period not to
exceed 99 years, to hold an annual fair pursuant to subdivision (a).
While the lease is in effect, the 50th District Agricultural
Association shall be inactive, and shall not have any powers or
duties.
   (d) The lease executed pursuant to this section  may be
for less than the   shall be for the fair  market
value of the property, and shall include a provision that the lease
may be canceled if the lessee or its successor or assignee fails to
hold an annual fair.
   (e) Prior to the commencement of the term of the lease, the lessee
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 lessee.
   (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 lessee 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 lessee 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 lessee, 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 lessee may fill the
position with a non-civil-service employee.
   (f) The State of California is not liable for any debts,
liabilities, settlements, liens, or any other obligations incurred by
or imposed upon the nonprofit organization referred to in
subdivision (a). The lease 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 nonprofit organization, 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 nonprofit organization, or any of
its employees, agents, servants, invitees, guests, or anyone acting
in concert with, or on the behalf of, the nonprofit organization.