BILL NUMBER: AB 2490 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Eggman
FEBRUARY 21, 2014
An act to amend Section 1569.406 of the Health and Safety
Code, relating to care facilities. An act to amend
Sections 3954, 3960, 3965, 3965.1, and 4051.2 of, and to repeal
Section 4053 of, the Food and Agricultural Code, to amend Section
13332.09 of the Government Code, and to repeal Section
10320 of the Public Contract Code, relating to district agricultural
associations.
LEGISLATIVE COUNSEL'S DIGEST
AB 2490, as amended, Eggman. Residential care facilities
for the elderly. District agricultural associations.
Existing law divides the state into agricultural districts, and
provides for the management of these districts by district
agricultural associations. Existing law provides for a board of
directors for each district agricultural association, and provides
for the appointment of each director by the Governor. Existing law
sets forth the duties and responsibilities of the board of directors
and the district agricultural associations, including that a district
agricultural association requires the approval of the Department of
Food and Agriculture prior to entering into a settlement agreement
for an amount greater than $10,000.
This bill would authorize the Governor to remove any director of a
district agricultural association for cause prior to the expiration
of the director's term. The bill would revise the oversight
responsibilities of the Department of Food and Agriculture and the
Department of General Services by allowing a district agricultural
association to enter into settlement agreements for less than
$100,000 without the prior approval of the Department of Food and
Agriculture and by deleting the requirements that a district
agricultural association obtain approval of the Department of Food
and Agriculture or the Department of General Services prior to
exercising the power to sue, or contracting or exercising powers over
its own real or personal property.
Existing law requires the Department of General Services to
exercise oversight of the acquisition and replacement of motor
vehicles and other mobile property by a state agency. Existing law
defines "state agency" for purposes of those provisions.
This bill would exclude district agricultural associations from
the definition of "state agency" for purposes of those provisions.
Existing law requires the Department of General Services to
annually prepare a delegation program for district agricultural
associations, to be administered by the Department of Food and
Agriculture and the Department of General Services.
This bill would repeal those provisions.
This bill would make other related changes and nonsubstantive
changes.
Existing law provides for the licensure and regulation of
residential care facilities for the elderly by the State Department
of Social Services. Existing law specifies that a person who informs
an owner or resident of a residential care facility for the elderly
of an impending and unannounced site visit to the facility by the
department without authorization from the department is guilty of a
misdemeanor, as specified.
This bill would make a technical, nonsubstantive change to that
provision.
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 3954 of the Food and
Agricultural Code is amended to read:
3954. Each association by its name has perpetual succession. It
may have a seal. An association may be sued and, with
approval of the department, may sue and sue and be
sued, and may do any and all things necessary to carry out the
powers and the objects and purposes for which the association is
formed.
SEC. 2. Section 3960 of the Food and
Agricultural Code is amended to read:
3960. The term of office of each director, except that of a
member of the first board, is four years from the beginning of the
term for which he or she is appointed. Any vacancy shall
be filled for the unexpired term. However, any director may be
removed for cause by the Governor prior to the expiration of the
director's term.
SEC. 3. Section 3965 of the Food and
Agricultural Code is amended to read:
3965. The board may, with the approval of the department:
(a) Fix the term of office, the amount of bond, salary, and
prescribe the duties of the secretary and of the treasurer.
(b) Manage the affairs of the association.
(c) Make all necessary bylaws, rules, and regulations for the
government of the association.
(d) With the approval of the Department of General Services,
arrange for and conduct, or cause to be conducted, or by contract
permit to be conducted, by any other individual, institution,
corporation, or association, upon its property at such time as it may
deem advisable, any activity, notwithstanding any other provisions
of the code.
(e)
(d) Delegate, as it may deem advisable, to its officers
or employees any of the powers which that
are vested in the board under subdivisions (b) and (d)
of this section. subdivision (b). Any
such delegation of powers power
may be revoked at any time.
SEC. 4. Section 3965.1 of the Food and
Agricultural Code is amended to read:
3965.1. Notwithstanding subdivision (d) of
Section 3965 or Section 4051, the board
may, with the board, without prior approval
of from the department, enter
into the following types of contracts: may arrange for
and conduct, or cause to be conducted, or by contract permit to be
conducted, any activity by any individual, institution, corporation,
or association upon its property at a time as it may be deemed
advisable, except for the following:
(a) Revenue generating contracts.
(b)
(a) Revenue generating contracts involving hazardous
activities, as determined by the department, as long as
unless adequate insurance coverage is provided,
as determined by the department in consultation with the Department
of General Services.
(b) The activities specified in Sections 4051.1 and 4051.2.
SEC. 5. Section 4051.2 of the Food and
Agricultural Code is amended to read:
4051.2. An association shall not enter into a settlement
agreement for an amount greater than ten one
hundred thousand dollars ($10,000)
($100,000) without the prior approval of the department.
SEC. 6. Section 4053 of the Food and
Agricultural Code is repealed.
4053. The Director of Food and Agriculture may make available for
the use of any association any property of the state which is
suitable for the purposes of the association and which has been
obtained by the state by gift from any county or city, or otherwise,
without cost to the state.
SEC. 7. Section 13332.09 of the
Government Code is amended to read:
13332.09. (a) A purchase order or other form of documentation for
acquisition or replacement of motor vehicles shall not be issued
against any appropriation until the Department of General Services
has investigated and established the necessity therefor.
(b) A state agency shall not acquire surplus mobile equipment from
any source for program support until the Department of General
Services has investigated and established the necessity therefor.
(c) Notwithstanding any other law, any contract for the
acquisition of a motor vehicle or general use mobile equipment for a
state agency shall be made by or under the supervision of the
Department of General Services. Pursuant to Section 10298 of the
Public Contract Code, the Department of General Services may collect
a fee to offset the cost of the services provided.
(d) Any passenger-type motor vehicle purchased for a state
officers, officer, except a
constitutional officer, or a state employee shall be an American-made
vehicle of the light class, as defined by the California Victim
Compensation and Government Claims Board, unless excepted by the
Director of General Services on the basis of unusual requirements,
including, but not limited to, use by the California Highway Patrol,
that would justify the need for a motor vehicle of a heavier class.
(e) General use mobile equipment having an original purchase price
of twenty-five thousand dollars ($25,000) or more shall not be
rented or leased from a nonstate source and payment therefor shall
not be made from any appropriation for the use of the Department of
Transportation, without the prior approval of the Department of
General Services after a determination that comparable state-owned
equipment is not available, unless obtaining approval would endanger
life or property, in which case the transaction and the justification
for not having sought prior approval shall be reported immediately
thereafter to the Department of General Services.
(f) (1) The Trustees of the California State University shall, to
the greatest extent feasible, purchase vehicles using statewide
commodity contracts.
(2) The trustees shall make an interim report to the Governor and
the Legislature on January 1, 2014, and a final report on January 1,
2015, on their motor vehicle procurement, including all of the
following:
(A) An inventory, by campus, of motor vehicles that includes the
type of vehicle, vehicle usage and fuel data consistent with the
Department of General Services fleet asset management system and
reported to the Department of General Services.
(B) The number of motor vehicles purchased during the prior fiscal
year, disaggregated by campus and type of vehicle if the passenger
vehicle or truck was purchased through statewide commodity contracts,
and the purchase price.
(C) Any change to a policy or procedure made during the prior
fiscal year related to motor vehicle procurement and contracts for
procurement and identifying any vehicle procured pursuant to the new
policy or procedure.
(D) The average time to complete procurements, average
administrative costs, reduced charges paid to the Department of
General Services, and competitive or reduced market prices obtained
for the vehicles.
(3) A report submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795.
(g) As used in this section:
(1) "General use mobile equipment" means equipment that is listed
in the Mobile Equipment Inventory of the State Equipment Council and
capable of being used by more than one state agency, and shall not be
deemed to refer to equipment having a practical use limited only to
the controlling state agency. Section 575 of the Vehicle Code shall
not have application to this section.
(2) "State agency" means a state agency, as defined pursuant to
Section 11000. The University of California is requested and
encouraged to have the Department of General Services perform the
tasks identified in this section with respect to the acquisition or
replacement of motor vehicles by the University of California.
"State agency" does not include a district agricultural association,
as defined in Section 3951 of the Food and Agricultural Code.
(h) This section shall remain in effect only until July 1, 2015,
and as of that date is repealed.
SEC. 8. Section 10320 of the Public
Contract Code is repealed.
10320. (a) The department shall annually prepare a delegation
program for district agricultural associations to be administered by
the Department of Food and Agriculture and the department pursuant to
the following criteria:
(1) The department shall annually review acquisitions to be
included in the program and the amount of delegation for each type of
acquisition.
(2) The department shall annually review with the Department of
Food and Agriculture the aggregate limit for the delegation program.
(3) The department shall annually communicate with each fair
eligible for the delegation program, information relating to the
procedure to be followed for using the delegation, including, but not
limited to, the things included in the delegation program.
(b) The Division of Fairs and Expositions in the Department of
Food and Agriculture shall include, as part of its annual expenditure
review and approval process presented to the Joint Committee on
Fairs Allocation and Classification, a section describing the
purchasing delegation authority granted to all district agricultural
associations pursuant to subdivision (a). This information shall
include, but need not be limited to, the annual amount of purchasing
delegation authority requested by, and delegated to, each district
agricultural association.
SECTION 1. Section 1569.406 of the Health and
Safety Code is amended to read:
1569.406. A person who, without lawful authorization from a duly
authorized officer, employee, or agent of the department, informs an
owner, operator, employee, agent, or resident of a residential care
facility for the elderly of an impending and unannounced site visit
to that facility by personnel of the department, except for a site
visit prior to licensing the facility, is guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not to exceed
one thousand dollars ($1,000), by imprisonment in the county jail for
a period not to exceed 180 days, or by both a fine and imprisonment.