BILL NUMBER: AB 315 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 19, 2015
INTRODUCED BY Assembly Member Bigelow
FEBRUARY 12, 2015
An act to amend Section 4051 repeal
Sections 3029 and 4401.5 of the Food and Agricultural Code,
relating to district agricultural associations: powers and
duties. fairs.
LEGISLATIVE COUNSEL'S DIGEST
AB 315, as amended, Bigelow. District agricultural
associations. Fairs: annual reports and expenditures.
Existing law provides for admission to a state, district, county,
or citrus fair without payment of an established admission price to
persons with credential admissions or courtesy pass admissions, and
requires each fair to make an annual report to the Department of Food
and Agriculture of the total number of credential and courtesy pass
admissions issued and honored at the fair.
This bill would repeal the annual reporting requirement.
Existing law requires the Secretary of Food and Agriculture to
expend up to $100,000 each fiscal year for an exhibit or exhibits at
a fair that demonstrates, in a creative or innovative manner, the
process of production and use of food and fiber. Existing law also
requires the secretary to annually provide for a conference of fair
judges to aid the department in prescribing regulations relating to
judging exhibits and premiums offered for exhibits, and authorizes
the secretary to expend up to $15,000 each fiscal year for those
purposes.
This bill would repeal those provisions.
Existing law divides the state into agricultural districts, and
provides for the management of each district by a district
agricultural association. Existing law sets forth the powers and
duties of a district agricultural association, including, among
others, the power to contract in accordance with specified
requirements.
This bill would make nonsubstantive changes to the latter
provisions.
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 3029 of the Food and
Agricultural Code is repealed.
3029. Each fair shall make an annual report to the department, as
prescribed by the department, of the total number of credential and
courtesy pass admissions issued and honored at the fair.
SEC. 2. Section 4401.5 of the Food and
Agricultural Code is repealed.
4401.5. (a) The director shall expend an amount not to exceed a
total of one hundred thousand dollars ($100,000) in any fiscal year
for any exhibit or exhibits located on any state-supported fair
demonstrating, in a creative and innovative manner, the process of
production and use of food and fiber from the producer to the
consumer in this state.
(b) The director shall annually provide for a conference of fair
judges to aid the department in prescribing regulations adopted
pursuant to Section 4501. The director may expend up to fifteen
thousand dollars ($15,000) in any fiscal year for such purposes.
SECTION 1. Section 4051 of the Food and
Agricultural Code is amended to read:
4051. (a) An association may do any of the following:
(1) Contract, in accordance with all of the following:
(A) The written policies and procedures for contracting that are
developed and maintained by the board of directors of the association
in accordance with this section.
(B) All applicable state laws governing contracts, except as
follows:
(i) A grant or contract entered into by an association for goods
is not subject to Chapter 2 (commencing with Section 10290) of Part 2
of Division 2 of the Public Contract Code.
(ii) A grant or contract entered into by an association is not
subject to Chapter 3 (commencing with Section 12100) of Part 2 of
Division 2 of the Public Contract Code.
(C) If the estimated total cost of any construction project or
similar work carried out under this section exceeds twenty-five
thousand dollars ($25,000), the association shall solicit bids in
writing and shall award the work to the lowest responsible bidder or
reject all bids. The association is subject to all applicable
provisions of the Public Contract Code.
(D) An association may elect to become subject to the provisions
of the Uniform Public Construction Cost Accounting Act (Chapter 2
(commencing with Section 22000) of Part 3 of Division 2 of the Public
Contract Code) and the Small Business Procurement and Contract Act
(Chapter 6.5 (commencing with Section 14835) of Part 5.5 of Division
3 of Title 2 of the Government Code), but exempt from the reporting
requirements noted in subdivision (f) of Section 14838.1 of the
Government Code.
(2) Accept funds or gifts of value from the United States or any
person to aid in carrying out the purposes of this part.
(3) Conduct or contract for programs, and contract for the
purchase or lease of goods that are necessary to effectuate the
purposes of this chapter, either independently or in cooperation with
any individual, public or private organization, or federal, state,
or local governmental agency.
(4) Establish and maintain a bank checking account or other
financial institution account, approved by the Director of Finance in
accordance with Sections 16506 and 16605 of the Government Code, for
depositing funds received by the district agricultural association.
All funds maintained in an account authorized by this paragraph shall
be used in accordance with Section 4001.
(5) Approve the annual budget of the association and establish a
program for paying vendors who contract with the association.
(6) Contract with any county or county fair association for
holding a fair jointly with the county or county fair association.
The joint fair is a district fair of the association.
(7) Make or adopt all necessary orders, rules, or regulations for
governing the activities of the association. Notwithstanding
paragraph (14), any orders, rules, or regulations adopted by the
board are exempt from Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code. For
informational purposes only, however, any order, rule, or regulation
adopted by the board may be transmitted to the Office of
Administrative Law for filing with the Secretary of State pursuant to
Section 11343 of the Government Code.
(8) Operate a payroll system for paying employees, and a system
for accounting for vacation and sick leave credits of employees.
(9) Delegate to the officers and employees of the association the
exercise of powers vested in the board, as the board may deem
desirable, for the orderly management and operation of the
association.
(10) With the approval of the Department of General Services,
purchase, acquire, hold, sell, or exchange, or convey any interest in
real property. Any acquisition of land or other real property shall
be subject to the Property Acquisition Law (Part 11 (commencing with
Section 15850) of Division 3 of Title 2 of the Government Code).
(11) With the approval of the Department of General Services, make
permanent improvements upon publicly owned real property adjacent
to, or near the vicinity of, the real property of the association
when the improvements materially benefit the property of the
association pursuant to Section 11011 of the Government Code.
(12) With the approval of the Department of General Services,
lease for the use of its real property, or any portion of that
property, to any person or public body for whatever purpose as may be
approved by the board.
(13) Use or manage any of its property jointly or in connection
with any lessee or sublessee, for any purpose approved by the board.
(14) With the approval of the Department of General Services,
pledge any revenues, moneys, accounts, accounts receivable, contract
rights, and other rights to payment of whatever kind, pursuant to
terms and conditions approved by the board. The revenues, moneys,
accounts, accounts receivable, contract rights, and other rights to
payment of whatever kind pledged by the association or its assignees
constitute a lien or security interest that immediately attaches to
the property pledged, and is effective, binding, and enforceable
against the association, its successors, purchasers of the property
pledged, creditors, and all others asserting rights therein, to the
extent set forth, and in accordance with, the terms and conditions of
the pledge, irrespective of whether those persons have notice of the
pledge and without the need for physical delivery, recordation,
filing, or further action.
(15) With the approval of the Secretary of Food and Agriculture,
enter into a joint powers agreement pursuant to the Joint Exercise of
Powers Act (Chapter 5 (commencing with Section 6500) of Division 7
of Title 1 of the Government Code).
(b) In developing the written policies and procedures for
contracting, the board shall incorporate the following to apply to
contracts or procurement by the association:
(1) To ensure the fullest competition, the board shall adopt and
publish competitive bidding procedures for the award of a procurement
or contract involving an expenditure of more than one hundred
thousand dollars ($100,000). The competitive bidding procedures shall
include, but not be limited to, requirements for submission of bids
and accompanying documentation, guidelines for the use of requests
for proposals, invitations to bid, or other methods of bidding, and a
bid protest procedure. The general manager shall determine whether
the goods or services subject to this paragraph are available through
existing contracts or price schedules of the Department of General
Services. The Legislature finds and declares that fairs are a
valuable community resource and recognizes that local businesses and
local communities make valuable contributions to fairs that include
direct and indirect support of fair programs. The Legislature further
finds and declares that local businesses often provide opportunity
purchases to local fairs that, for similar things available through
the state purchasing program, may be purchased locally at a price
equivalent to or less than that available through the state
purchasing program. As used in this subdivision, opportunity
purchases means purchases made locally, either individually or
cooperatively, at a price equal to or less than the price available
through the state purchasing program on or off state contract.
(2) The contracting standards, procedures, and rules contained in
this subdivision shall also apply with respect to any subcontract
involving an expenditure of more than one hundred thousand dollars
($100,000). The board shall establish, as part of the bidding
procedures for general contracts, subcontracting guidelines that
implement this requirement.
(3) With the approval of the Department of General Services,
pledge any and all revenues, moneys, accounts, accounts receivable,
contract rights, and other rights to payment of whatever kind,
pursuant to terms and conditions approved by the board. Any issuance
of bonds, contracts entered into, debts incurred, settlements,
judgments, or liens under this section or pursuant to the Joint
Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of
Division 7 of Title 1 of the Government Code), shall not directly,
indirectly, or contingently obligate the state or any political
subdivision of the state to levy or to pledge any form of taxation
therefor or to make any appropriation for their payment. The bond
shall contain on its face a statement to the following effect:
"Neither the full faith and credit nor the taxing power of the State
of California is pledged to the payment of the principal of, or
interest on, this bond."
(4) This section shall not apply to Article 1 (commencing with
Section 4101) of Chapter 6 of Part 3.
(c) (1) Notwithstanding any other law, an association shall adopt
a fiscal review policy as follows:
(A) An association with an annual budget exceeding five million
dollars ($5,000,000) shall conduct an annual audit by an independent
certified public accountant or certified public accountancy firm
selected by the board.
(B) An association with an annual budget of less than five million
dollars ($5,000,000) shall have its books and accounts examined and
reviewed annually and audited once every three years by an
independent certified public accountant or certified public
accountancy firm selected by the board.
(2) Notwithstanding paragraph (1), the department may require an
audit to be conducted before the times specified in subparagraphs (A)
and (B) of paragraph (1) if the department or the state deems the
audit is necessary.