BILL ANALYSIS                                                                                                                                                                                                    



                        SENATE FOOD and AGRICULTURE COMMITTEE
                            Senator Dean Florez, Chairman

          BILL NO:    SB 1321                   HEARING:  4/20/10
          AUTHOR:   Kehoe                       FISCAL:  No
          VERSION:  4/15/10                     CONSULTANT:  John Chandler  

          
              State Race Track Leasing Commission: Director of General  
                            Services: powers and duties.

          BACKGROUND AND EXISTING LAW

          Over 140 years ago, California began organizing what is today  
          one of the largest fair systems in the nation.  The 54 district  
          agricultural associations, state agency fairs, are managed under  
          the Department of Food and Agriculture (CDFA) in the Division of  
          Fairs and Expositions.  Each fair 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.  

          The 22nd District Agricultural Association (22nd DAA) manages  
          and operates the Del Mar Fairgrounds; its nearby equestrian  
          facility, the Horsepark; and the Del Mar Golf Center, on behalf  
          of the State of California.  Purchased in 1936, the 22nd DAA is  
          located in San Diego County between the Pacific Ocean and  
          Interstate 5 in the town of Del Mar.  

          Existing law provides for the State Race Track Leasing  
          Commission, which is composed of the directors of CDFA,  
          Department of Finance (DOF), and Department of General Services  
          (DGS), and three individuals, appointed by the governor, who are  
          members of the Board of Directors of the 22nd DAA.

          Existing law provides that the State Race Track Leasing  
          Commission shall prepare a master plan for the long-range  
          development on the property of the 22nd DAA.  The master plan  
          for the 22nd DAA is subject to amendment by the State Race Track  
          Leasing Commission. 

          Current law provides that the State Race Track Leasing  
          Commission may enter into leases or other agreements for the use  
          of the Del Mar Race Track.  The commission is required to follow  
          the same procedures in leasing, or entering into agreements for  
          the use of, the Del Mar Race Track as DGS follows in leasing, or  
          entering into agreements, for other state real property.

          Existing law provides that no legislative action is required to  




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          make effective and operative any lease awarded, or agreement  
          entered into, by the commission.

          After the award of a lease or entering into an agreement, for  
          the use of the Del Mar Race Track, the commission shall meet  
          from time to time to review the operation of the lease or  
          agreement, the master plan, and any other related matters.

          Existing law provides that all revenues distributed to the state  
          as license fees from satellite wagering facilities shall be  
          deposited in the Satellite Wagering Account.  Furthermore,  
          current law proscribes that the primary call for funds from the  
          Satellite Wagering Account be for payment to the State Race  
          Track Leasing Commission to be pledged for the repayment of debt  
          necessary to construct a racetrack grandstand at the 22nd  
          District Agricultural Association fairgrounds.

          Existing Law provides that the director of any state agency may  
          designate a deputy director of the department to act in place or  
          stead of the director on a state board, commission, committee,  
          or the governing body of any state agency or authority.   
          Furthermore, current law specifies that not more than one  
          director may be represented by a deputy at any meeting or  
          session.  There also exists within law a specific provision that  
          provides that the Controller, Treasurer, Director of Finance, or  
          the Superintendent of Public Instruction may designate any  
          deputy of his or her office to act in place or stead on any  
          state board, commission, committee, or governing board of a  
          state agency or authority.

          SB 1177 (Kehoe) would require the 22nd DAA to establish a  
          100-foot greenway and public trail on the fairgrounds along the  
          northern bank of the San Dieguito River by January 1, 2014.   
          Currently, this bill is in the Senate Food and Agriculture  
          Committee.

          PROPOSED LAW

          SB 1321 would specify that the Director of the Department of  
          General Services and Secretary of Food and Agriculture may  
          designate a deputy to act in his or her place on the State Race  
          Track Leasing Commission with all the rights and powers as the  
          respective director if they were personally present.

          COMMENTS

          1.Currently, CDFA and DGS are not able to both send a designated  





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            deputy to act in place of the director to the same State Race  
            Track leasing Commission meeting.  As a result, one of the two  
            department designees is unable to vote on commission matters  
            during meetings; thus, state officials are not fully  
            represented on the State Race Track Leasing Commission.         
             SB 1321 would clarify that designees of CDFA and DGS may  
            always participate in a State Race Track Leasing Commission  
            meeting as full voting members. 

          SUPPORT
          
          None received

          OPPOSITION
          
          None received