Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2490

Introduced by Assembly Member Eggman

February 21, 2014

begin delete An act to amend Section 1569.406 of the Health and Safety Code, relating to care facilities. end delete begin insert An act to amend Sections 3954, 3960, 3965, 3965.1, and 4051.2 of, and to repeal Section 4053 of, the Food and Agricultural Code, to amend Section 13332.09 of the Government Code, and to repeal Section 10320 of the Public Contract Code, relating to district agricultural associations. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2490, as amended, Eggman. begin delete Residential care facilities for the elderly. end delete begin insert District agricultural associations. end insert

begin insert

Existing law divides the state into agricultural districts, and provides for the management of these districts by district agricultural associations. Existing law provides for a board of directors for each district agricultural association, and provides for the appointment of each director by the Governor. Existing law sets forth the duties and responsibilities of the board of directors and the district agricultural associations, including that a district agricultural association requires the approval of the Department of Food and Agriculture prior to entering into a settlement agreement for an amount greater than $10,000.

end insert begin insert

This bill would authorize the Governor to remove any director of a district agricultural association for cause prior to the expiration of the director’s term. The bill would revise the oversight responsibilities of the Department of Food and Agriculture and the Department of General Services by allowing a district agricultural association to enter into settlement agreements for less than $100,000 without the prior approval of the Department of Food and Agriculture and by deleting the requirements that a district agricultural association obtain approval of the Department of Food and Agriculture or the Department of General Services prior to exercising the power to sue, or contracting or exercising powers over its own real or personal property.

end insert begin insert

Existing law requires the Department of General Services to exercise oversight of the acquisition and replacement of motor vehicles and other mobile property by a state agency. Existing law defines “state agency” for purposes of those provisions.

end insert begin insert

This bill would exclude district agricultural associations from the definition of “state agency” for purposes of those provisions.

end insert begin insert

Existing law requires the Department of General Services to annually prepare a delegation program for district agricultural associations, to be administered by the Department of Food and Agriculture and the Department of General Services.

end insert begin insert

This bill would repeal those provisions.

end insert begin insert

This bill would make other related changes and nonsubstantive changes.

end insert begin delete

Existing law provides for the licensure and regulation of residential care facilities for the elderly by the State Department of Social Services. Existing law specifies that a person who informs an owner or resident of a residential care facility for the elderly of an impending and unannounced site visit to the facility by the department without authorization from the department is guilty of a misdemeanor, as specified.

end delete begin delete

This bill would make a technical, nonsubstantive change to that provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 3954 of the end insert begin insert Food and Agricultural Code end insert
begin insert is amended to read: end insert

3954.  

Each association by its name has perpetual succession.
It may have a seal. An association may begin delete be sued and, with approval
of the department, may sue and end delete begin insert sue and be sued, and end insert may do any
and all things necessary to carry out the powers and the objects
and purposes for which the association is formed.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 3960 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

3960.  

The term of office of each director, except that of a
member of the first board, is four years from the beginning of the
term for which he begin insert or she end insert is appointed. Any vacancy shall be filled
for the unexpired term. begin insert However, any director may be removed
for cause by the Governor prior to the expiration of the director’s
term. end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 3965 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

3965.  

The board may, with the approval of the department:

(a) Fix the term of office, the amount of bond, salary, and
prescribe the duties of the secretary and of the treasurer.

(b) Manage the affairs of the association.

(c) Make all necessary bylaws, rules, and regulations for the
government of the association.

begin delete end delete begin delete

(d) With the approval of the Department of General Services,
arrange for and conduct, or cause to be conducted, or by contract
permit to be conducted, by any other individual, institution,
corporation, or association, upon its property at such time as it
may deem advisable, any activity, notwithstanding any other
provisions of the code.

end delete begin delete end delete begin delete

(e)

end delete

begin insert (d) end insert  Delegate, as it may deem advisable, to its officers or
employees any of the powers begin delete which end delete begin insert that end insert are vested in the board
under begin delete subdivisions (b) and (d) of this section. end delete begin insert subdivision (b). end insert Any
begin delete such end delete delegation of begin delete powers end delete begin insert power end insert may be revoked at any time.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 3965.1 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

3965.1.  

Notwithstanding begin delete subdivision (d) of end delete Section 3965 or
begin delete Section end delete 4051, the begin delete board may, with the end delete begin insert board, without prior end insert
approval begin delete of end delete begin insert from end insert the department, begin delete enter into the following types of
contracts: end delete begin insert may arrange for and conduct, or cause to be conducted,
or by contract permit to be conducted, any activity by any
individual, institution, corporation, or association upon its property
at a time as it may be deemed advisable, except for the following: end insert

begin delete end delete begin delete

(a) Revenue generating contracts.

end delete begin delete end delete begin delete

(b)

end delete

begin insert (a) end insert  Revenue generating contracts involving hazardous activities,
as determined by the department, begin delete as long as end delete begin insert unless end insert adequate
insurance coverage is provided, as determined by the department
in consultation with the Department of General Services.

begin insert

(b) The activities specified in Sections 4051.1 and 4051.2.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 4051.2 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

4051.2.  

An association shall not enter into a settlement
agreement for an amount greater than begin delete ten end delete begin insert one hundred end insert thousand
dollars begin delete ($10,000) end delete begin insert ($100,000) end insert without the prior approval of the
department.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 4053 of the end insert begin insert Food and Agricultural Code end insert begin insert is
repealed. end insert

begin delete

4053.  

The Director of Food and Agriculture may make
available for the use of any association any property of the state
which is suitable for the purposes of the association and which has
been obtained by the state by gift from any county or city, or
otherwise, without cost to the state.

end delete

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 13332.09 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

13332.09.  

(a) A purchase order or other form of documentation
for acquisition or replacement of motor vehicles shall not be issued
against any appropriation until the Department of General Services
has investigated and established the necessity therefor.

(b) A state agency shall not acquire surplus mobile equipment
from any source for program support until the Department of
General Services has investigated and established the necessity
therefor.

(c) Notwithstanding any other law, any contract for the
acquisition of a motor vehicle or general use mobile equipment
for a state agency shall be made by or under the supervision of the
Department of General Services. Pursuant to Section 10298 of the
Public Contract Code, the Department of General Services may
collect a fee to offset the cost of the services provided.

(d) Any passenger-type motor vehicle purchased for a state
begin delete officers, end delete begin insert officer, end insert except a constitutional officer, or a state employee
shall be an American-made vehicle of the light class, as defined
by the California Victim Compensation and Government Claims
Board, unless excepted by the Director of General Services on the
basis of unusual requirements, including, but not limited to, use
by the California Highway Patrol, that would justify the need for
a motor vehicle of a heavier class.

(e) General use mobile equipment having an original purchase
price of twenty-five thousand dollars ($25,000) or more shall not
be rented or leased from a nonstate source and payment therefor
shall not be made from any appropriation for the use of the
Department of Transportation, without the prior approval of the
Department of General Services after a determination that
comparable state-owned equipment is not available, unless
obtaining approval would endanger life or property, in which case
the transaction and the justification for not having sought prior
approval shall be reported immediately thereafter to the Department
of General Services.

(f) (1) The Trustees of the California State University shall, to
the greatest extent feasible, purchase vehicles using statewide
commodity contracts.

(2) The trustees shall make an interim report to the Governor
and the Legislature on January 1, 2014, and a final report on
January 1, 2015, on their motor vehicle procurement, including
all of the following:

(A) An inventory, by campus, of motor vehicles that includes
the type of vehicle, vehicle usage and fuel data consistent with the
Department of General Services fleet asset management system
and reported to the Department of General Services.

(B) The number of motor vehicles purchased during the prior
fiscal year, disaggregated by campus and type of vehicle if the
passenger vehicle or truck was purchased through statewide
commodity contracts, and the purchase price.

(C) Any change to a policy or procedure made during the prior
fiscal year related to motor vehicle procurement and contracts for
procurement and identifying any vehicle procured pursuant to the
new policy or procedure.

(D) The average time to complete procurements, average
administrative costs, reduced charges paid to the Department of
General Services, and competitive or reduced market prices
obtained for the vehicles.

(3) A report submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795.

(g) As used in this section:

(1) “General use mobile equipment” means equipment that is
listed in the Mobile Equipment Inventory of the State Equipment
Council and capable of being used by more than one state agency,
and shall not be deemed to refer to equipment having a practical
use limited only to the controlling state agency. Section 575 of the
Vehicle Code shall not have application to this section.

(2) “State agency” means a state agency, as defined pursuant
to Section 11000. The University of California is requested and
encouraged to have the Department of General Services perform
the tasks identified in this section with respect to the acquisition
or replacement of motor vehicles by the University of California.
begin insert “State agency” does not include a district agricultural association,
as defined in Section 3951 of the Food and Agricultural Code. end insert

(h) This section shall remain in effect only until July 1, 2015,
and as of that date is repealed.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 10320 of the end insert begin insert Public Contract Code end insert begin insert is repealed. end insert

begin delete

10320.  

(a) The department shall annually prepare a delegation
program for district agricultural associations to be administered
by the Department of Food and Agriculture and the department
pursuant to the following criteria:

(1) The department shall annually review acquisitions to be
included in the program and the amount of delegation for each
type of acquisition.

(2) The department shall annually review with the Department
of Food and Agriculture the aggregate limit for the delegation
program.

(3) The department shall annually communicate with each fair
eligible for the delegation program, information relating to the
procedure to be followed for using the delegation, including, but
not limited to, the things included in the delegation program.

(b) The Division of Fairs and Expositions in the Department of
Food and Agriculture shall include, as part of its annual expenditure
review and approval process presented to the Joint Committee on
Fairs Allocation and Classification, a section describing the
purchasing delegation authority granted to all district agricultural
associations pursuant to subdivision (a). This information shall
include, but need not be limited to, the annual amount of
purchasing delegation authority requested by, and delegated to,
each district agricultural association.

end delete

begin delete

SECTION 1.  

Section 1569.406 of the Health and Safety Code is
amended to read:

1569.406.  

A person who, without lawful authorization from a
duly authorized officer, employee, or agent of the department,
informs an owner, operator, employee, agent, or resident of a
residential care facility for the elderly of an impending and
unannounced site visit to that facility by personnel of the
department, except for a site visit prior to licensing the facility, is
guilty of a misdemeanor and upon conviction thereof shall be
punished by a fine not to exceed one thousand dollars ($1,000),
by imprisonment in the county jail for a period not to exceed 180
days, or by both a fine and imprisonment.

end delete