BILL NUMBER: SB 249 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 25, 2011
INTRODUCED BY Senator Yee
(Principal coauthor: Assembly Member Ma)
FEBRUARY 10, 2011
An act to add Section 4132 to the Food and Agricultural Code,
relating to district agricultural associations.
LEGISLATIVE COUNSEL'S DIGEST
SB 249, as amended, Yee. District agricultural associations: 1-A
District Agricultural Association: membership.
Existing law divides the state into district agricultural
associations for the purposes of, among other things, holding fairs
and expositions exhibiting all of the industries and industrial
enterprises, resources, and products of every kind or nature of the
state with a view toward improving, exploiting, encouraging, and
stimulating them those industries .
Existing law provides that the 1-A District Agricultural Association
is the County of San Mateo and the City and County of San Francisco.
Existing law provides that the term of office of each director of an
agricultural association is 4 years, except as specified, provides
for the staggering of terms, and requires directors to be appointed
by the Governor.
This bill would require that for the directors of the 1-A District
Agricultural Association, 2 directors be appointed by the
Governor, unless the Mayor of San Francisco elects to
exercise that authority, as specified , 2 directors be
appointed by the Governor, unless the Mayor of Daly City
elects to exercise that authority, as specified , and 5
directors be appointed by the Governor. Because this bill
would impose additional duties on local government entities, it would
create a state-mandated local program. The bill would prohibit the
Governor from appointing a director to fill a vacancy until the 2
respective appointments have been made by the Mayor of San Francisco
and the Mayor of Daly City. Once those appointments have
been made, when there is a vacancy on the board, a successor would be
appointed in the same manner as was his or her predecessor.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4132 is added to the Food and Agricultural
Code, to read:
4132. (a) The board of directors of the 1-A District Agricultural
Association shall consist of nine members, and, notwithstanding
Section 3959, shall be appointed as follows:
(1) Five members appointed by the Governor.
(2) Two members appointed by the Governor, unless the
Mayor of San Francisco , within 30 days after the vacancy
arises, elects to exercise that authority, notifies the Governor
during that 30-day period of his or her decision, and actually makes
the appointments, in which case the mayor is authorized to
appoint those members .
(3) Two members appointed by the Governor, unless the
Mayor of Daly City , within 30 days after the vacancy arises,
elects to exercise that authority, notifies the Governor during that
30-day period of his or her decision, and actually makes the
appointments, in which case the mayor is authorized to appoint those
members .
(b) (1) Appointments shall be made as vacancies occur and no
person shall be appointed to serve on the board of directors of the
1-A District Agricultural Association who is not a person specified
in paragraph (2) or (3) of subdivision (a) until the requirements in
those paragraphs have been met. This section shall not be construed
to limit the term of any member of the board of directors of the 1-A
District Agricultural Association who is a director at the time this
section becomes effective.
(2) After the requirements in paragraphs (2) and (3) of
subdivision (a) have been met, when there is a vacancy on the board,
a successor shall be appointed in the same manner as was his or her
predecessor.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.