BILL NUMBER: SB 1085	AMENDED
	BILL TEXT

	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, as amended, Runner. 50th District Agricultural
Association:  Antelope Valley Fair: lease.  
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  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 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
  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. The bill would provide that the state is not
liable for any debt of the joint powers agency  .
   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.    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. 
  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 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.