BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1321|
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VETO
Bill No: SB 1321
Author: Kehoe (D)
Amended: 4/15/10
Vote: 21
SENATE FOOD & AGRICULTURE COMMITTEE : 3-1, 4/20/10
AYES: Florez, Hancock, Wolk
NOES: Hollingsworth
NO VOTE RECORDED: Maldonado
SENATE FLOOR : 24-8, 4/22/10
AYES: Alquist, Calderon, Cedillo, Corbett, Correa,
DeSaulnier, Ducheny, Florez, Hancock, Kehoe, Leno, Liu,
Lowenthal, Negrete McLeod, Oropeza, Padilla, Pavley,
Price, Romero, Simitian, Steinberg, Wolk, Wright, Yee
NOES: Ashburn, Denham, Dutton, Hollingsworth, Huff,
Strickland, Walters, Wyland
NO VOTE RECORDED: Aanestad, Cogdill, Cox, Harman,
Maldonado, Runner, Wiggins, Vacancy
ASSEMBLY FLOOR : 50-27, 8/25/10 - See last page for vote
SUBJECT : State Race Track Leasing Commission: Director
of the
Department of General Services: powers and
duties
SOURCE : Author
DIGEST : This bill specifically authorizes the Director
CONTINUED
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of the Department of General Services and the Secretary of
Food and Agriculture to each designate a deputy of his/her
office to act in his/her place and stead on the State Race
Track Leasing Commission with respect to the exercise of
the statutory powers and duties of the Commission.
ANALYSIS : 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 (DFA) 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 DFA,
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.
Existing 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.
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Existing law provides that no legislative action is
required to 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 State
Controller, State Treasurer, Director of DOF, or the
Superintendent of Public Instruction may designate any
deputy of his/her office to act in place or stead on any
state board, commission, committee, or governing board of a
state agency or authority.
This bill specifies that the Director of DGS and Secretary
of Food and Agriculture may designate a deputy to act in
his/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
Currently, DFA and DGS are not able to both send a
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designated 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. This bill clarifies that designees of
DFA and DGS may always participate in a State Race Track
Leasing Commission meeting as full voting members.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
GOVERNOR'S VETO MESSAGE :
"I am returning Senate Bill 1321 without my
signature.
This bill would authorize the Director of General
Services and the Secretary of Food and Agriculture to
each designate a deputy of his/her office to act in
his/her place and stead on the State Race Track
Leasing Commission with respect to the exercise of
statutory powers and duties of the commission.
The issues addressed by the State Race Track Leasing
Commission are of great importance and should be
examined by the heads of each respective
department/agency. Existing law provides for ample
flexibility and recognizes the importance of such
issues. This bill diminishes the statutory powers of
each respective department/ agency represented on
this board by giving their delegates all powers,
duties and authority originally deemed for these
department heads.
For this reason I cannot sign this bill."
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Bass, Beall, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De
Leon, Eng, Evans, Feuer, Fong, Furutani, Galgiani, Gatto,
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Hall, Hayashi, Hernandez, Hill, Huber, Huffman, Jones,
Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, V.
Manuel Perez, Portantino, Ruskin, Salas, Saldana,
Skinner, Solorio, Swanson, Torlakson, Torres, Torrico,
Yamada, John A. Perez
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Conway, Cook, DeVore, Fletcher, Fuller, Gaines, Garrick,
Gilmore, Hagman, Harkey, Jeffries, Knight, Logue, Miller,
Nestande, Niello, Nielsen, Norby, Silva, Smyth, Audra
Strickland, Tran, Villines
NO VOTE RECORDED: Fuentes, Vacancy, Vacancy
TSM:mw 10/5/10 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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