BILL ANALYSIS �
SB 1253
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Date of Hearing: June 13, 2012
ASSEMBLY COMMITTEE ON AGRICULTURE
Cathleen Galgiani, Chair
SB 1253 (Runner) - As Amended: June 6, 2012
SENATE VOTE : 32-4
SUBJECT : 28th District Agricultural Association: joint powers
agreement.
SUMMARY : Allows the 28th District Agricultural Association
(DAA) to enter into a Joint Powers Agency (JPA) to operate,
maintain and improve the 28th DAA. Specifically, this bill :
1)Allows the 28th DAA, with consent from the Secretary
(Secretary) of the California Department of Food and
Agriculture (CDFA), to form a JPA for the purpose of
operating, maintaining, and improving the 28th DAA facilities.
2)Requires the duties of the JPA to include aspects of planning,
designing and constructing property improvements, as
specified.
3)Allows the JPA to 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 CDFA and the
JPA.
4)Allows the JPA 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.
a) Requires the JPA to not sell, divest or pledge real
property owned by the State of California without
legislative authorization or the consent of CDFA and the
California Department of General Services (DGS).
5)Allows the JPA to enter into contracts and hire employees.
6)Allows the JPA to manage, maintain, and operate the
facilities, or enter into management contracts for the
operation of the 28th DAA facilities.
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7)Requires any planning, designing, and constructing of
improvements to be in accordance with the powers of the JPA.
8)Allows civil service employees 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.
9)Requires that any entity with whom the JPA contracts with to
manage the 28th DAA, allows 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.
10)Allows the JPA to fill a vacant civil service position with a
non-civil service employee.
11)Specifies that the state is not liable for any debts,
liabilities, settlements, liens, or other obligations incurred
by or imposed upon the JPA.
EXISTING LAW:
1)Creates 54 DAAs in the state, with the powers and duties to
run county fairs.
2)Allows for the formation of a JPA for the purpose of two or
more public agencies, by agreement, to jointly exercise any
power common to the contracting parties.
3)Allows the 25th DAA in Napa County to enter into a JPA with
the City of Napa, for the purpose of establishing and
operating a Napa Center for Wine, Food, and the Arts facility,
and allows that, with the consent of the Secretary, a
nonprofit organization may hold an annual fair in lieu of the
annual fair held by the 25th DAA, as specified.
4)Allows the state to transfer authority of the 50th DAA, the
Antelope Valley Fair, to a Joint Powers Agency.
FISCAL EFFECT : This bill has been keyed fiscal by Legislative
Counsel.
COMMENTS : CDFA's Division of Fairs and Expositions is
responsible for overseeing the 54 DAAs throughout the state that
make up the California network of fairs. Each DAA operates with
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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. DAAs contribute a great deal to
the State of California, including offering an opportunity to
highlight local community achievements, and in many cases,
recognize the agriculture of the local area.
The 28th DAA encompasses the County of San Bernardino and is
located in Victorville, California. Founded in 1946 on land
donated by local residents, the 28th DAA is the last California
fair operated along Route 66. The 28th DAA annually holds
approximately 75-80 events and a nine-day county fair at the end
of May.
According to the author, this bill would allow 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 would allow the operation of the fair to be
closely aligned with local government, helping the fair to
better reflect the local area. Supporters have stated that
with greater efficiency and closer links to local government,
this bill would assist the 28th DAA to operate more
successfully.
Opponents of this bill state that it may be premature. In the
2011-2012 budget, Governor Jerry Brown (Governor) instructed
CDFA to develop a plan for the future operation and maintenance
of the Network of California Fairs. CDFA convened a group of
stakeholders in 2011, which delivered an informal draft
comprehensive plan for the fairs to the Governor. Opponents
suggest that the bill should wait until the Governor introduces
his comprehensive plan.
SB 1085 (Runner), Chapter 320, Statutes of 2010, allowed the
50th DAA, with the consent of the Secretary of CDFA, to enter
into a joint powers agreement with a JPA for the purpose of
operating, maintaining and improving the 50th DAA. This bill is
similar to SB 1085 (Runner). The main difference is the 50th DAA
had a specific JPA partner, the City of Lancaster.
RELATED LEGISLATION :
AB 2345 (Ma) of 2012, would create a California Fair Network
Commission to provide a new governance structure for fairs in
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California. This bill was held in the Assembly Appropriations
Committee.
AB 1204 (Dickinson) of 2011, would have expanded the authority
of the State Fair Leasing Authority (SFLA) by shifting the
California Exposition and State Fair in its entirety from the
state to SFLA. This bill was held in the Assembly
Appropriations Committee.
AB 2250 (Sharon Runner), Chapter 452, Statutes of 2008, allowed
state officers and employees of DAAs to receive compensation
from nonprofit corporations, as specified.
SB 281 (Maldonado), Chapter 346, Statutes of 2007, required CDFA
to develop criteria, subject to the approval of DGS, for the
disposal of property by the DAA and the California Exposition
and State Fair.
SB 1041 (Denham) of 2006, would have transferred, from DGS to
CDFA, the responsibility to annually prepare a program for the
DAA for delegating purchasing authority to the DAA. This bill
was held in the Assembly Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
28th DAA, San Bernardino County Fair (Sponsor)
City of Hesperia
Brad Mitzelfelt, San Bernardino County Supervisor, First
District
Hesperia Recreation and Park District
Coldwell Banker Commercial
Purofirst Fire & Water Restoration
High Desert Auto Supply, Inc.
Sunset Hill & Victor Valley Memorial Parks & Mortuaries
4 individuals
Opposition
SEIU Local 1000
Analysis Prepared by : Victor Francovich / AGRI. / (916)
319-2084
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