BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1253|
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THIRD READING
Bill No: SB 1253
Author: Runner (R)
Amended: As introduced
Vote: 21
SENATE AGRICULTURE COMMITTEE : 6-0, 4/17/12
AYES: Cannella, Rubio, Berryhill, La Malfa, Vargas, Wolk
NO VOTE RECORDED: Evans
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : 28th District Agricultural Association: joint
powers
agreement
SOURCE : 28th District Agricultural Association (SBC
Fair)
DIGEST : This bill (1) authorizes the 28th District
Agricultural Association (DAA) to enter into a joint powers
agreement for the purpose of creating a joint powers agency
(JPA), (2) specifies the powers and authority of the JPA,
(3) permits employees of the 28th DAA to make an election
concerning employment with the JPA, as provided, (4)
provides that the state is not liable for any debt of the
JPA, (5) provides that the JPA for the 28th DAA may elect
to be a member of the network of California fairs on terms
and conditions mutually agreed upon by the Department of
Food and Agriculture and the JPA.
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ANALYSIS : Existing law provides that the 28th DAA is San
Bernardino County. Existing law authorizes a nonprofit
organization or a JPA holding an annual fair, as specified,
to elect to be a member of the network of California fairs
on conditions mutually agreed upon by the Department of
Food and Agriculture (DFA) and the nonprofit organization.
This bill:
1. Allows the 28th DAA to enter into a joint powers
agreement to create a JPA to operate, maintain and
improve the 28th DAA.
2. Specifies the powers of the JPA and authorizing it to
accept donation of, acquire, own, sell, or lease real
property and offer bonds for the purpose of improving
the facilities at the 28th DAA.
3. Allows the JPA to (a) make and enter into contracts and
hire employees, and (b) manage maintain, and operate the
facilities, or enter into management contracts for the
operation of the 28th DAA facilities.
4. Requires any planning, designing, and constructing of
facility improvements to be in accordance with the
powers of the JPA.
5. Provides that every civil service employee of the 28th
DAA have an option to remain in state employment under
contract to the JPA or accept a position as an employee
of the JPA.
6. Requires that any entity the JPA contracts with to
manage the 28th DAA to allow every civil service
employee of the 28th 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.
7. Specifies that the state is not liable for any debts,
liabilities, settlements, liens, or other obligations
incurred by or imposed upon the JPA.
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8. 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 DFA and the JPA.
Background
The DFA, Division of Fairs and Expositions is responsible
for overseeing the state's 54 DAAs that make up the
"network of California fairs". The 28th DAA is located in
San Bernardino County with the fairgrounds situated in the
City of Victorville. The 28th DAA holds approximately
75-80 events annually and a nine-day county fair at the end
of May. Historically, 10-12% of the 28th DAA budget was
state funds with the remainder collected from fair and
event income.
As a result of the elimination of all state funding - $32
million - for California DAAs in the 2011-12 Budget, the
Governor ordered DFA to form a working group to develop a
new fair governance and funding plan for DAAs. According
to the Senate Agriculture Committee, while the group has
held meetings, no plan or suggested restructuring has been
presented to the Legislature from this working group to
date.
Prior Legislation
SB 1085 (Runner), Chapter 320, Statutes of 2010, allows the
50th DAA, with the consent of the Secretary of DFA, to
enter into a joint powers agreement with a JPA for the
purpose of operating, maintaining and improving the 50th
DAA. (The Antelope Valley Fair (50th DAA) transitioned to
a JPA in 2011.)
AB 2250 (Sharon Runner), Chapter 452, Statutes of 2008,
allows state officers and employees of DAAs to receive
compensation from nonprofit corporations, as specified.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 4/30/12)
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28th District Agricultural Association (SBC Fair) (source)
City of Hesperia
Coldwell Banker Commercial
Hesperia Recreation and Park District
Napa Auto & Truck Parts
Purofirst Fire & Water Restoration
San Bernardino County Board of Supervisors
Sunset Hills & Victor Valley Memorial Parks and Mortuaries
OPPOSITION : (Verified 4/30/12)
SEIU Local 1000
ARGUMENTS IN SUPPORT : According to the author's office,
this bill allows the 28th DAA to operate free of the
constraints created by state bureaucracy and provide a
higher level of accountability at a local level. Further,
this bill allows the operation of the fair to be closely
aligned with local government, helping the fair to better
reflect the local area. With the elimination of state
funding to California fairs, the 28th DAA anticipates
unsustainable annual losses of 8-10% under the current
state governance structure. With greater efficiency and
closer links to local government, this bill will help the
28th DAA operate more successfully.
ARGUMENTS IN OPPOSITION : Opponents feel this bill may be
premature. In the 2011-2012 Budget, the Governor
instructed DFA to develop a plan for the future operation
and maintenance of the Network of California Fairs. DFA
convened a group of stakeholders in 2011, which delivered
an informal draft comprehensive plan for the fairs to the
Governor. The opposition asks that the Legislature should
hold off on this bill until the Governor introduces his
comprehensive plan.
MEL:mw 4/30/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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