BILL NUMBER: AB 1170	CHAPTERED  09/14/99

	CHAPTER   370
	FILED WITH SECRETARY OF STATE   SEPTEMBER 14, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 14, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	PASSED THE SENATE   AUGUST 23, 1999
	AMENDED IN SENATE   JULY 7, 1999

INTRODUCED BY   Assembly Member Frusetta
   (Coauthor:  Assembly Member Kaloogian)

                        FEBRUARY 25, 1999

   An act to amend Section 19630 of the Business and Professions
Code, and to amend Section 4155 of the Food and Agricultural Code,
relating to fairs, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1170, Frusetta.   Fairs.
   (1) Existing law generally provides that all revenues distributed
to the state as license fees from horse racing are to be deposited
into the Fair and Exposition Fund and are continuously appropriated
to the Department of Food and Agriculture for various regulatory and
general governmental purposes.  Existing law also provides that any
unallocated balance in the fund is appropriated without regard to
fiscal years for allocation by the Secretary of Food and Agriculture
for capital outlay to California fairs, for fair projects involving
public health and safety, major and deferred maintenance, for fair
projects required due to any emergency, physical changes to the fair
site, or need to protect the fair property or installation, and for
the acquisition or improvement of any property or facility that will
serve to enhance the operation of the fair.
   This bill would provide that a portion of the money subject to
allocation by the secretary under these provisions may be allocated
to California fairs for general operational support.  By authorizing
the expenditure of continuously appropriated funds for a new or
expanded purpose, this bill would make an appropriation.
   (2) Existing law provides that it is the intent of the Legislature
that the moneys to be allocated by the secretary be used primarily
for those fairs whose sources of revenue may be limited.
   This bill would make this intent language applicable only to the
portion of the moneys allocated for general operational support.
   (3) Existing law provides that the 22nd District Agricultural
Association may expend up to $500,000 annually for the operation of a
fair from the money received by the district from a lease of
district property for horse racing purposes.  Existing law also
provides that any money received by the district in excess of this
amount may either be expended in furtherance of a specified master
plan, accumulated for that purpose, or transferred to the General
Fund upon executive order of the Director of Food and Agriculture.
   This bill would provide that the district may expend up to
$750,000 annually for the operation of a fair, and that any funds
thereby received in excess of this amount may be allocated as
provided for in existing law.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 19630 of the Business and Professions Code is
amended to read:
   19630.  (a) Any unallocated balance from subdivision (a) of
Section 19620.1 is hereby appropriated without regard to fiscal years
for allocation by the Secretary of Food and Agriculture for capital
outlay to California fairs for fair projects involving public health
and safety, for fair projects involving major and deferred
maintenance, for fair projects necessary due to any emergency, for
projects that are required by physical changes to the fair site, for
projects that are required to protect the fair property or
installation, such as fencing and flood protection, and for the
acquisition or improvement of any property or facility that will
serve to enhance the operation of the fair.
   (b) A portion of the funds subject to allocation pursuant to
subdivision (a) may be allocated to California fairs for general
operational support.  It is the intent of the Legislature that these
moneys be used primarily for those fairs whose sources of revenue may
be limited for purposes specified in this section.
  SEC. 2.  Section 4155 of the Food and Agricultural Code is amended
to read:
   4155.  The 22nd District Agricultural Association may expend up to
seven hundred fifty thousand dollars ($750,000) annually for the
operation of a fair pursuant to Section 4001 for the purposes
enumerated therein from funds received by the district from a lease
of district property for horse racing purposes.  Any funds thereby
received by the district in excess of this seven hundred fifty
thousand dollars ($750,000) may be expended in furtherance of the
master plan developed pursuant to Section 4156.  Any of these funds
that are not expended in this manner, or accumulated to be expended
in furtherance of the master plan, including the amortization of
revenue bonds, shall be transferred by the district to the General
Fund upon executive order of the Director of Food and Agriculture.