BILL ANALYSIS
SB 1085
Page 1
Date of Hearing: June 30, 2010
ASSEMBLY COMMITTEE ON AGRICULTURE
Cathleen Galgiani, Chair
SB 1085 (Runner) - As Amended: June 28, 2010
SENATE VOTE : 35-0
SUBJECT : 50th District Agricultural Association: Antelope
Valley Fair: lease.
SUMMARY : Allows the 50th District Agricultural Association
(DAA), with the consent of the Secretary (secretary) of
California Department of Food and Agriculture (CDFA), to enter
into a joint powers agreement with a Joint Powers Authority
(JPA) with the purpose of operating, maintaining and improving
the 50th DAA. Specifically, this bill :
1.Allows the 50th DAA to enter into a JPA to operate, maintain
and improve the 50th DAA.
2.Allows the JPA to accept donation of, acquire, own, sell or
lease, real property and offer bonds for the purpose of
improving the facilities at the 50th DAA.
3.Allows the JPA to enter into contracts and hire employees.
4.Allows the JPA to manage or enter into management contracts
for the operation of the50th DAA facilities.
5.Requires any planning, designing, and construction of
improvements be in accordance with the powers of the JPA.
6.Provides that every civil service employee of the 50th DAA
have an option to remain in state employment under contract to
the JPA or accept a position as an employee of the JPA.
7.Requires that any entity the JPA contracts with, to manage the
50th DAA, allows every civil service employee of the 50th DAA
to have an option to remain in state employment under contract
to the JPA or accept a position as an employee of the JPA.
Allows the JPA to fill a vacant civil service position with a
non-civil service employee.
8.Specifies that the state is not liable for any debts,
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liabilities, settlements, liens, or other obligations incurred
or imposed upon the JPA.
9.Specifies that the JPA may be referred to as part of the
network of California fairs and may elect to be a member of
the network of California fairs, with the mutual consent of
CDFA and the JPA.
EXISTING LAW creates 54 DAAs in the state, with the powers and
duties to run county fairs. (Food and Agriculture Code (FAC)
Section 3801-4060)
Allows for the formation of JPA for the purpose of two or more
public agencies, by agreement, to jointly exercise any power
common to the contracting parties. (Government Code Section
6500-6536)
Allows the 25th DAA in Napa County to enter into a JPA with the
City of Napa for the purpose of establishing and operating a
Napa Center for Wine, Food, and the Arts facility. (FAC section
4161-4162)
Allows that, with the consent of the secretary, a nonprofit
organization may hold an annual fair in lieu of the annual fair
held by the 25th DAA, as specified. Allows the 25th DAA to
lease the fairground to a nonprofit organization for up to 99
years. (FAC section 4163)
FISCAL EFFECT : This bill has been keyed fiscal by Legislative
Counsel.
COMMENTS : In 1938, local farmers and businesses purchased 80
acres of land in Lancaster to create a local fair. In 1941, the
Fair Association donated the grounds to the state and this
became the 50th DAA, also known as the Antelope Valley (AV)
Fair. In 2003, the 50th DAA relocated to new fairgrounds,
becoming the first fair to build new facilities in the last 45
years. According to the author, this feat was partially
accomplished because of the AV Fair's close relationship with
the City of Lancaster.
Supporters state this bill is needed to create greater
efficiencies and transfer control of the 50th DAA to a JPA
closely aligned with local government. This new entity will
allow the AV fair to operate free of the constraints created by
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state bureaucracy. The 50th DAA believes that forming a JPA
with closer ties to local government will enable the AV Fair to
operate more efficiently and with greater flexibility.
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.
According to a recent news article, Bill Leonard, the State and
Consumer Services Agency Secretary, announced the deal that
would transfer the fairgrounds in Costa Mesa to the newly formed
Orange County Fairgrounds Authority, jointly owned by the City
of Costa Mesa and the Costa Mesa Public Finance Authority.
Both the author and the 50th DAA have expressed the success of
the AV fair and the close working relationship that already
exists with the City of Lancaster, as evidenced by the move to a
new location in 2003. The committee may wish to consider what
is the pressing need for shifting this successful fair to a JPA?
PRIOR LEGISLATION:
AB 2250 (Sharon Runner) Chapter 452, Statutes of 2008, allowed
state officers and employees of DAAs to receive compensation
from nonprofit corporations, as specified.
SB 281 (Maldonado) Chapter 346, Statutes of 2007, required CDFA
to develop criteria, subject to the approval of the Department
of General Services (DGS), for the disposal of property by the
DAA and the California Exposition and State Fair.
SB 1041 (Denham) of 2006 would have transferred, from DGS to
CDFA, the responsibility to annually prepare a program for the
DAA for delegating purchasing authority to the DAA. This bill
was held in the Assembly Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
50th District Agriculture Association - Antelope Valley Fair
(Sponsor)
Antelope Valley Chamber of Commerce
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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
3 individuals
Opposition
None on file.
Analysis Prepared by : Victor Francovich / AGRI. / (916)
319-2084