BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  SB 1085
          Author:   Runner (R), et al
          Amended:  5/28/10
          Vote:     21

           
           SENATE FOOD AND AGRICULTURE COMMITTEE  :  4-0, 4/20/10
          AYES:  Florez, Hancock, Hollingsworth, Wolk
          NO VOTE RECORDED:  Maldonado

           SENATE APPROPRIATIONS COMMITTEE  : 10-0, 05/27/10
          AYES:  Kehoe, Alquist, Corbett, Denham, Leno, Price,  
            Walters, Wolk, Wyland, Yee
          NO VOTE RECORDED:  Cox


           SUBJECT  :    50th District Agricultural Association:   
          Antelope Valley Fair:
                        lease

           SOURCE  :     50th District Agricultural Association


           DIGEST  :    This bill permits a nonprofit organization to  
          hold an annual fair in lieu of the annual fair held by the  
          50th District Agricultural Association (50th DAA), with the  
          consent of the Secretary of Food and Agriculture (CDFA).   
          This bill permits the Director of the Department of General  
          Services (DGS), with the consent of, and on terms approved  
          by, the Secretary, to lease to the nonprofit organization,  
          at fair market value, the premises known as the Antelope  
          Valley Fair for a period not to exceed 99 years.  This bill  
          requires the 50th DAA, during the period that the lease is  
                                                           CONTINUED





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          in effect, to be inactive and not have any powers or  
          duties.  This bill permits employees of the 50th DAA to  
          make an election concerning employment with the nonprofit  
          lessee of those premises, as provided.  This bill also  
          provides 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 DFA and the  
          nonprofit organization.

           ANALYSIS  :    Under existing law, the CDFA, Division of  
          Fairs and Expositions (DFE) is responsible for overseeing  
          the 54 District Agriculture Associations (DAA) throughout  
          the state that make up the California network of fairs.   
          Each DAA operates with a degree of autonomy, with a board  
          of directors appointed by the governor, and in accordance  
          with state law governing the operation of state agencies.   
          DAAs contribute a great deal to the state of California.   
          They offer an opportunity for the local community to  
          highlight its achievements, and in many cases, they  
          recognize the agriculture of the local area.

          The Antelope Valley Fair Association was incorporated on  
          September 12, 1938, and operated locally for three years.   
          On September 13, 1941, the Antelope Valley Fair became the  
          50th DAA with the donation of the land to the state.  The  
          50th DAA is located in the northern part of Los Angeles  
          County in the City of Lancaster.  Working with the City of  
          Lancaster, the 50th DAA was relocated to a new site in  
          2003.  In the current fiscal year, the 50th DAA generated  
          $4.7 million in revenue and only received approximately  
          $25,000 from the Fairs and Exposition Fund.  

          The Governor's 2004 California Performance Review proposed  
          to help refocus government on essential functions and  
          redirect functions to cooperative public-private ventures.   
          As part of this review, it was suggested that all 54 DAAs  
          be transformed into public benefit corporations.  

          This bill: 

          1.Authorizes, with the approval of CDFA, a nonprofit  
            organization to hold an annual fair in lieu of an annual  
            fair held by the 50th DAA.








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          2.Authorizes the nonprofit to receive state funds.

          3.Authorizes DGS to lease the property of the 50th DAA,  
            with the consent of CDFA, for up to 99 years to a  
            nonprofit to hold an annual fair.

          4.Specifies that the 50th DAA shall be inactive while the  
            lease is in effect.

          5.Requires the lease to be at fair market value of the  
            property.

          6.Specifies that if the nonprofit fails to hold an annual  
            fair the lease may be cancelled.

          7.Provides that every civil service member of the 50th DAA  
            have an option to remain in state employment under  
            contract to the leasing nonprofit or accept a position as  
            an employee of the leasing nonprofit organization.  

          8.Specifies that the state is not liable for any debts,  
            liabilities, settlements, liens, or other obligations  
            incurred or imposed upon the nonprofit organization.

           Prior Legislation
           
          SB 1436 (Thompson), Chapter 259, Statutes of 1998, allows  
          the Director of DGS, with the consent of the Secretary of  
          State and Consumer Services Agency, to lease the Napa  
          Valley Expo in Napa County for up to 99 years to a  
          nonprofit organization to operate an annual fair in lieu of  
          the fair held by the 25th District Agricultural  
          Association.

          SB 281 (Maldonado), Chapter 346, Statutes of 2007, requires  
          CDFA to develop, upon approval of DGS, criteria to be used  
          for the purchase of goods and the disposal of property by a  
          district agricultural association and State Fair at Cal  
          Expo.  

          In 2006, SB 1041 (Denham) would have transferred, from DGS  
          to CDFA, the responsibility to annually prepare a program  
          for DAAs for delegating purchasing authority to the DAAs.   
          (Died in Assembly Appropriations Committee)







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           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee: 

                          Fiscal Impact (in thousands)

           Major Provisions                2010-11     2011-12     2012-13     
           Fund  
          Long term lease of state                          Unknown  
          revenue from leasing at market                         
          Special*
            property                      value   

          Lease negotiation                            Likely minor  
          cost, one time                                          
          Special*

          * Fair and Exposition Fund

           SUPPORT  :   (Verified  5/27/10)

          50th District Agricultural Association (source) 
          Antelope Valley Chamber of Commerce
          California Horse Council
          H.W. Hunter, Inc.
          Michael Antonovich, Los Angeles County Supervisor
          Rex Parris, Mayor, City of Lancaster
          Stone Roofing Company
          The Showdown
          Western Fairs Association
          Western Pacific Roofing Corporation

           ARGUMENTS IN SUPPORT  :    Supporters of this bill state that  
          the lease of the 50th DAA to a nonprofit for operation of  
          the annual fair would allow greater efficiency by removing  
          the constraints created by the state bureaucracy.  Further,  
          this bill would allow the operation of the fair to be  
          closely aligned with local government, helping the fair to  
          better reflect the local area.  With greater efficiency and  
          closer links to local government, this bill would help the  
          Antelope Valley Fair operate more successfully.  








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          TSM:nl  5/28/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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