BILL ANALYSIS �
SB 249
Page 1
Date of Hearing: June 29, 2011
ASSEMBLY COMMITTEE ON AGRICULTURE
Cathleen Galgiani, Chair
SB 249 (Yee) - As Amended: April 25, 2011
SENATE VOTE : 30-9
SUBJECT : District agricultural associations: 1-A District
Agricultural Association: membership.
SUMMARY : This bill makes changes to the appointment process of
District Agricultural Association 1-A's (Cow Palace) Board of
Directors (Board), by shifting some appointment authority to the
Mayors of San Francisco and Daly City. Specifically, this bill :
1)Requires the Governor of California (Governor) to appoint five
board members.
2)Requires the Governor to appoint two board members, unless the
Mayor of San Francisco (SF Mayor) exercises the option to
appoint the members.
a) Allows the SF Mayor to appoint a board member, if within
30 days of a board vacancy the SF Mayor notifies the
Governor, and the SF Mayor makes an appointment.
3)Requires the Governor to appoint two board members, unless the
Mayor of Daly City (DC Mayor) exercises the option to appoint
the members.
a) Allows the DC Mayor to appoint a board member, if within
30 days of a board vacancy the DC Mayor notifies the
Governor, and the DC Mayor makes an appointment.
4)Requires the four mayoral appointments to be made as vacancies
occur on the Board.
5)Requires that, once the appointment requirements of this
chapter have been met, vacancies on the Board be appointed in
the same manner of the preceding board member.
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EXISTING LAW :
1)Requires that district agricultural associations (DAA) are
governed by a board of nine directors made up of citizens and
residents of the DAA. �Food and Agriculture Code 9FAC)
section 3956]
2)All members of a DAA board of directors are appointed by the
Governor for a term of four years. �FAC section 3959]
3)If the DAA includes two or more counties, at least two members
on the board shall represent each county in the DAA. �FAC
section 3957]
4)Establishes the boundaries of the Cow Palace to include the
city/county of San Francisco and county of San Mateo. �FAC
section 3853]
FISCAL EFFECT : This bill has been keyed non-fiscal by
Legislative Counsel.
COMMENTS : California has one of the largest fair systems in the
nation. The 54th DAA, state agency fairs, are managed under the
Department of Food and Agriculture 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.
According to the author, the current board of the Cow Palace
isn't reflective of the concerns of the surrounding communities.
None of the current board members are residents of Daly City,
in which much of the Cow Palace property is located. Recent
events held at the Cow Palace have resulted in several
drug-related deaths. Further, as the local community, Daly City
is responsible for the emergency service response to public
safety and health related incidents at the Cow Palace. This
bill changes the Cow Palace board's composition to address a
lack of local representation and help provide crucial insight
into the needs of the neighborhoods in Daly City and San
Francisco.
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Opponents say this bill strips the Governor of the historical
power to appoint Cow Palace board members. This bill will set a
precedent for other fairs or local governments throughout the
state that want similar powers of board member appointment and
will create an assortment of governing authority over fairs.
Opponents state that if there is a need of local representation
on a fair board, the Governor has existing authority under
current law to achieve that goal.
This bill does not specify that the mayoral appointments to the
board need to reside within the respective city limits. While it
is unlikely that a mayor would appoint a board member from
outside of their community, the Committee may wish to consider
an amendment to require mayoral appointments to reside in the
respective city.
This bill allows the SF Mayor the authority to appoint two
members to the Board. Current law requires that at least two of
the board members be from the City/County of San Francisco.
According to the author, the purpose of this bill is to ensure
the board reflects the concerns of the surrounding community.
The city/county of San Francisco already is guaranteed at least
two board members in current law and currently four board
members reside in San Francisco. The Committee may wish to
consider if the SF Mayor needs to appoint board members to have
proper representation on the Cow Place Board.
REGISTERED SUPPORT / OPPOSITION :
Support
Adrienne Tissier, San Mateo County Supervisor
Bayshore Sanitary District
Bayshore School District
City Council of Daly City
City of Daly City
Police Department of Daly City
Real Options for City Kids
San Mateo County Narcotics Task Force
San Mateo County Police Chiefs' & Sheriff's Association
Visitacion Valley Business Opportunities and Outreach to
Merchants
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Visitacion Valley Planning Alliance
2 individuals
Opposition
Judge Quentin L. Kopp
Analysis Prepared by : Victor Francovich / AGRI. / (916)
319-2084