Bill Text: CA AB1069 | 2013-2014 | Regular Session | Amended
Bill Title: California Exposition and State Fair.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1069 Detail]
Download: California-2013-AB1069-Amended.html
BILL NUMBER: AB 1069 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 20, 2013
INTRODUCED BY Assembly Member Dickinson
FEBRUARY 22, 2013
An act to amend Sections 3301, 3312, 3331, and 3332 of, and to
repeal and add Section 3333 of, the Food and Agricultural Code,
relating to expositions and fairs, making an appropriation therefor,
and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1069, as amended, Dickinson. California Exposition and State
Fair.
Existing law provides for the California Exposition and State Fair
as a separate, independent entity in the state government. Existing
law provides that the governing body of the California Exposition and
State Far Fair shall be an 11-member
board of directors. Existing law requires the board of directors to
appoint a general manager, and to submit an annual report to the
Legislature and the Governor, as specified. Existing law establishes
4-year terms for each member of the board of directors, and requires
vacancies that occur during the term to be filled by the appointing
authority, as specified, for the remainder of the term. Existing law
sets forth the board of directors' powers and duties, including,
among others, the power to contract, and authorizes the board, with
the approval of the Department of General Services, to purchase,
acquire, or hold real or personal property. Existing law requires the
board of directors to maintain an account at a financial institution
to deposit funds received by the California Exposition and State
Fair and specifies that all funds maintained in the account are
continuously appropriated to the board, without regard to fiscal
year, for purposes relating to the California Exposition and State
Fair.
This bill would require a director whose term has expired to
continue to discharge his or her duties until a successor has been
appointed. The bill would limit the costs and assessments of the
California Exposition and State Fair to personnel costs and costs
rendered pursuant to specified contracts entered into with other
state agencies. The bill would revise the information the California
Exposition and State Fair is required to report annually, and would
require the information to be reported to the Governor only. The bill
would require the California Exposition and State Fair's books and
accounts to be examined and reviewed annually and audited once every
5 years, as specified. The bill would revise the board of directors'
powers to appoint police to keep and preserve order and would require
the board to delegate this power to officers and employees of the
California Exposition and State Fair.
The bill would require the board of directors to develop,
maintain, and comply with its own written policies and procedures
for contracting, to publish competitive bidding procedures for
contracts involving more than $100,000. The bill would specify that
the board of directors has an affirmative duty to achieve the most
feasible and practicable level of participation by small business
entities owned by socially and economically disadvantaged persons in
its procurement programs. The bill would revise the powers
of the board of directors and Department of General Services with
respect to real and personal property, and would specify that title,
control, and possession of all personal property acquired, held,
managed, or operated by the California Exposition and State Fair
vests with the California Exposition and State Fair. The bill would
also specify that the proceeds of any lease, sale, or other agreement
shall become the property of the California Exposition and State
Fair and shall be available to the fair, as specified. By increasing
moneys in a continuously appropriated fund, the bill would make an
appropriation.
The bill would express various findings of the Legislature, and
would revise a statement of the Legislature's intent regarding the
California Exposition and State Fair.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The California Exposition and State Fair each year showcases
the best of the state's agricultural, manufacturing, and arts and
science innovations, highlights the entrepreneurial character of our
state's economy, lifestyle, and culture, and provides a gathering
place for all citizens of California to celebrate the rich history of
our state and to explore the trends shaping its future.
(b) The California Exposition and State Fair is located on a
350-acre portion of the 700-acre site in the area of the City of
Sacramento known as "Point West," and it has been in this location
for over 40 years. The Board of Directors of the California
Exposition and State Fair desires to modernize and update the aging
capital facilities of the fair to alleviate the higher operating
costs resulting from deferred maintenance and to improve public
accessibility to the property. New and improved facilities will help
increase attendance and expand the number and type of exposition
events, thereby increasing revenues.
(c) The annual budget of the California Exposition and State Fair
has been substantially below the amount necessary to maintain the
fair as a first-class entertainment facility, and the annual
shortfalls have caused a growing backlog of deferred maintenance
issues that are in excess of $45 million.
(d) Therefore, it is the intent of the Legislature to provide the
management and the Board of Directors of the California Exposition
and State Fair the necessary tools to improve the product, develop
new revenue streams, streamline business operations, and create and
promote a strategy to help the California Exposition and State Fair
preserve and enhance this valuable state asset by competing more
favorably in the marketplace.
(e) When fully implemented, this legislation will create new jobs
and generate significant economic activity and state and local tax
revenues throughout the region, while additionally providing a source
of revenue for the long-term capital needs of the California
Exposition and State Fair.
SEC. 2. Section 3301 of the Food and Agricultural Code is amended
to read:
3301. It is the intent of the Legislature to vitalize the
California Exposition and State Fair as a separate, independent
entity in state government managed by a board of directors with
sufficient autonomy for efficient operation balanced by appropriate
state oversight. The board of directors shall develop a policy that
provides managerial and fiscal responsibility in order to ensure
fiscal independence from General Fund support. The board of directors
shall establish and maintain a policy that provides for an
innovative, agriculturally themed exposition that celebrates
California and the diversity of its people. The California Exposition
and State Fair shall strive to showcase the state's industries and
agriculture with a program that recognizes California traditions and
explores the trends shaping its future.
SEC. 3. Section 3312 of the Food and Agricultural Code is amended
to read:
3312. (a) The governing body of the California Exposition and
State Fair shall be an 11-member board of directors. The directors
shall be residents of California and shall be appointed as follows:
(1) Nine directors shall be appointed by the Governor with the
consent of the Senate. The directors appointed by the Governor shall
have general knowledge of, interest in, and expertise in one or more
of the following areas: fair management, city or county government,
horseracing, the arts, exhibiting, the media, education, youth,
commerce and commercial products of the state, industry and
industrial products of the state, agricultural production and forest
industries, the entertainment industry, livestock and poultry,
sports, recreation, fisheries, oceanography, organized labor, and
finance and banking.
(A) Five of the directors appointed by the Governor shall be
knowledgeable in the production, processing, or marketing of
agricultural products and may be appointed from lists of nominees
submitted for consideration to the Governor from California
agricultural organizations, district agricultural associations, and
county and citrus fruit fairs.
(B) One of the directors appointed by the Governor shall be a
public member.
(C) Three of the directors appointed by the Governor shall be
representative, to the extent possible, of areas of knowledge,
interest, and expertise enumerated in paragraph (1).
(2) One director shall be appointed by the Speaker of the Assembly
and one director shall be appointed by the Senate Committee on
Rules. These persons shall be representative, to the extent possible,
of areas of knowledge, interest, and expertise enumerated in
paragraph (1).
(b) The directors shall be appointed for four-year terms. The
appointing authority shall appoint directors to fill vacancies that
occur during a term, and the appointments shall be for the remainder
of the unexpired term.
(c) Notwithstanding Section 1774 of the Government Code or any
other law, every a director appointed
pursuant to this section whose term has expired shall continue to
discharge the duties of his or her office until his or her successor
has been duly appointed and is qualified to serve.
SEC. 4. Section 3331 of the Food and Agricultural Code is amended
to read:
3331. (a) (1) The board shall serve as the policymaking body for
the California Exposition and State Fair and shall have full
responsibility for the year-round management and operation of all
facilities of the California Exposition and State Fair in accordance
with Sections 3301 and 3311.
(2) The board shall provide for an annual fair to be held in
Sacramento County and shall strive to showcase the agriculture and
agricultural products of the state, the industries and industrial
products of the state, and the commercial products exported and
imported through the ports of the state in accordance with Sections
3301 and 3311. The fair shall be designated, and may be known, as the
California State Fair.
(b) Notwithstanding Article 2 (commencing with Section 11270) of
Chapter 3 of Part 1 of Division 3 of Title 2 of the Government Code,
relating to administrative costs, the California Exposition and State
Fair shall only be assessed and pay a share of those costs directly
related to personnel administration and no other administrative costs
for services from other state agencies except costs for services
rendered pursuant to specific contracts entered into with other state
agencies.
(c) On or before May 31 of each year, the general manager of the
California Exposition and State Fair shall report to the Governor on
all the events, operations, and financial condition of the California
Exposition and State Fair during the immediately preceding calendar
year ending December 31. The books and accounts of the California
Exposition and State Fair shall be examined and reviewed annually and
audited once every five years by an independent registered certified
public accountant or certified public accountancy firm.
SEC. 5. Section 3332 of the Food and
Agricultural Code is amended to read:
3332. The board may do any of the following:
(a) Contract in accordance with the following:
(1) The board shall develop, maintain, and comply with its own
written policies and procedures for contracting.
(2) Notwithstanding any other law, in developing the policies and
procedures referenced in paragraph (1), the board shall incorporate
the following to apply to contracts entered into or procurement by
the California Exposition and State Fair:
(A) To ensure the fullest competition, the board shall adopt and
publish competitive bidding procedures for the award of any
procurement or contract involving an expenditure of more than one
hundred thousand dollars ($100,000). The competitive bidding
procedures shall include, but not be limited to, requirements for
submission of bids and accompanying documentation, guidelines for the
use of requests for proposals, invitations to bid, or other methods
of bidding, and a bid protest procedure. The general manager of the
California Exposition and State Fair shall determine whether the
goods or services subject to this subparagraph are available through
existing contracts or price schedules of the Department of General
Services. The Legislature finds and declares that fairs are a
valuable community resource and recognizes that local businesses and
local communities make valuable contributions to fairs that include
direct and indirect support of fair programs. The Legislature further
finds and declares that local businesses often provide opportunity
purchases to local fairs that, for similar things available through
the state purchasing program, may be purchased locally at a price
equivalent to or less than that available through the state
purchasing program. As used in this subparagraph, "opportunity
purchases" means purchases made locally, either individually or
cooperatively, at a price equal to or less than the price available
through the state purchasing program on or off state contract.
(B) The contracting standards, procedures, and rules contained in
this subdivision shall also apply with respect to any subcontract
involving an expenditure of more than one hundred thousand dollars
($100,000). The board shall establish, as part of the bidding
procedures for general contracts, subcontracting guidelines that
implement this requirement.
(C) The board is subject to the Small Business Procurement and
Contract Act (Chapter 6.5 (commencing with Section 14835) of Part 5.5
of Division 3 of Title 2 of the Government Code).
(D) In advertising or awarding any general contract for the
procurement of goods and services exceeding one hundred thousand
dollars ($100,000), the board and the general manager shall require
all bidders or contractors, or both, to include specific plans or
arrangements to use subcontracts with small business entities owned
by socially and economically disadvantaged persons. The
subcontracting plans shall delineate the nature and extent of the
services to be used, and those entities or individuals identified for
subcontracting if known.
(E) (i) It is the intent of the Legislature in enacting amendments
to this section made by the act that added this subparagraph, to
establish as an objective of the utmost importance the advancement of
business opportunities for small business entities described in
subparagraph (D) in the business activities created by the California
Exposition and State Fair. In that regard, the board shall have an
affirmative duty to achieve the most feasible and practicable level
of participation by small business entities in its procurement
programs.
(ii) For purposes of this section, socially and economically
disadvantaged persons include women, Black Americans, Hispanic
Americans, Native Americans (including American Indians, Eskimos,
Aleuts, and Native Hawaiians), Asian-Pacific Americans (including
persons whose origins are from Japan, China, the Philippines,
Vietnam, Korea, Samoa, Guam, the United States Trust Territories of
the Pacific, Northern Marianas, Laos, Cambodia, and Taiwan), and
other minorities or any other natural persons found by the board to
be disadvantaged.
(b) Accept funds or gifts of value from the United States or any
person to aid in carrying out the purposes of this part.
(c) Conduct or contract for programs, and contract for the
purchase or lease of goods and services as are necessary for
effectuating the purposes of this chapter, either independently or in
cooperation with any individual, public or private organization, or
federal, state, or local governmental agency.
(d) Establish and maintain a bank checking account or other
financial institution account, approved by the Director of Finance in
accordance with Sections 16506 and 16605 of the Government Code, for
depositing funds received by the California Exposition and State
Fair. Notwithstanding Section 13340 of the Government Code, all funds
maintained in an account authorized by this subdivision are
continuously appropriated to the board, without regard to fiscal
year, to carry out this part.
(e) Approve the annual budget of the fair, and establish a program
for paying vendors who contract with the California Exposition and
State Fair.
(f) Make or adopt all necessary orders, rules, or regulations for
governing the activities of the California Exposition and State Fair.
Notwithstanding Section 14, any orders, rules, or regulations
adopted by the board are exempt from Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code. For informational purposes only, however, any order, rule, or
regulation adopted by the board may be transmitted to the Office of
Administrative Law for filing with the Secretary of State pursuant to
Section 11343 of the Government Code.
(g) Delegate to the officers and employees of the California
Exposition and State Fair the independent authority to appoint civil
service personnel according to state civil service procedures. The
board may also delegate to officers and employees of the California
Exposition and State Fair the independent authority to appoint police
as authorized by subdivision (j).
(h) Operate a payroll system for paying employees, and a system
for accounting for vacation and sick leave credits of employees.
(i) Delegate to the officers and employees of the California
Exposition and State Fair the exercise of powers vested in the board
as the board may deem desirable for the orderly management and
operation of the California Exposition and State Fair.
(j) Delegate to the officers and employees of the California
Exposition and State Fair the independent authority to appoint all
necessary police to keep order and preserve peace at the California
Exposition and State Fair premises on a year-round basis who shall
have the powers of peace officers specified in Section 830.2 of the
Penal Code. A peace officer of the Department of the California
Highway Patrol may be employed as a peace officer while off duty from
his or her regular employment, subject to those conditions as may be
set forth by the Commissioner of the Department of the California
Highway Patrol. At least 75 percent of the persons appointed pursuant
to this subdivision shall possess the basic certificate issued by
the Commission on Peace Officers Standards and Training. The
remaining 25 percent may be appointed if the person has completed a
Peace Officer Standards and Training-certified academy, or possesses
a Level One Reserve Certificate (as defined in Section 832.6 of the
Penal Code). Of this 25 percent, any portion may be comprised of
probation officers certified under Section 832. Nothing in this
subdivision shall be construed to give probation officers appointed
pursuant to this subdivision peace officer powers pursuant to Section
830.2 of the Penal Code.
(k) Except as provided in subdivision (m), with the approval of
the Department of General Services, purchase, acquire, hold, sell,
exchange, or convey any interest in real property. Any acquisition of
land or other real property is subject to the approval of the
Department of General Services, and in the case of the purchase of
real property, is subject to the Property Acquisition Law (Part 11
(commencing with Section 15850) of Division 3 of Title 2 of the
Government Code). Notwithstanding any other law, the proceeds of any
lease, sale, or other agreement pursuant to this part shall become
the property of the California Exposition and State Fair and shall be
available to the fair for any of the purposes of this part.
( l ) Make permanent improvements upon
publicly owned real property adjacent to, or near the vicinity of,
the real property of the California Exposition and State Fair when
the improvements materially benefit the property of the California
Exposition and State Fair.
(m) Lease, let, or grant licenses for use of its property for any
purpose for any period of time. Any lease of real property for a
period in excess of 20 years shall be subject to the approval of the
Department of General Services.
(n) Use or manage any of its property jointly or in connection
with any lessee or sublessee, for any purpose approved by the board.
(o) With the approval of the Department of General Services,
pledge any and all revenues, moneys, accounts, accounts receivable,
contract rights, and other rights to payment of whatever kind,
pursuant to such terms and conditions as are approved by the board.
Any issuance of bonds, contracts entered into, debts incurred,
settlements, judgments, or liens under this section or pursuant to
Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of
the Government Code, shall not directly, indirectly, or contingently
obligate the state or any political subdivision thereof to levy or to
pledge any form of taxation therefor or to make any appropriation
for their payment. Any such bond shall contain on the face thereof a
statement to the following effect: "Neither the full faith and credit
nor the taxing power of the State of California is pledged to the
payment of the principal of, or interest on this bond."
SEC. 5. Section 3332 of the Food and
Agricultural Code is amended to read:
3332. The board may do any of the following:
(a) Contract.
(b) Accept funds or gifts of value from the United States or any
person to aid in carrying out the purposes of this part.
(c) Conduct or contract for programs, either independently or in
cooperation with any individual, public or private organization, or
federal, state, or local governmental agency.
(d) Establish and maintain a bank checking account or a
savings and loan association other financial
institution account, approved by the Director of Finance in
accordance with Sections 16506 and 16605 of the Government Code, for
depositing funds received by the California Exposition and State
Fair. Notwithstanding Section 13340 of the Government Code, all funds
maintained in an account authorized by this subdivision are
continuously appropriated to the board, without regard to fiscal
year, to carry out this part.
(e) Establish Approve the annual budget of
the California State Fair and establish a program for paying
vendors who contract with the California Exposition and State Fair.
(f) Make or adopt all necessary orders, rules, or regulations for
governing the activities of the California Exposition and State Fair.
Notwithstanding Section 14, any orders, rules, or regulations
adopted by the board are exempt from Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code. For informational purposes only, however, any order, rule, or
regulation adopted by the board may be transmitted to the Office of
Administrative Law for filing with the Secretary of State pursuant to
Section 11343 of the Government Code.
(g) Delegate to the officers and employees of the California
Exposition and State Fair the authority to appoint civil service
personnel according to state civil service procedures. The board may
also delegate to officers and employees of the California Exposition
and State Fair the independent authority to appoint marshals
and police as authorized by subdivision (j).
(h) Operate a payroll system for paying employees, and a system
for accounting for vacation and sick leave credits of employees.
(i) Delegate to the officers and employees of the California
Exposition and State Fair the exercise of powers vested in the board
as the board may deem desirable for the orderly management and
operation of the California Exposition and State Fair.
(j) Appoint all necessary marshals and
Delegate to the officers and employees of the California Exposition
and State Fair the independent authority to appoint all necessary
police to keep order and preserve peace at the California
Exposition and State Fair premises on a year-round basis who shall
have the powers of peace officers specified in Section 830.2 of the
Penal Code. A peace officer of the Department of the California
Highway Patrol may be employed as a peace officer while off duty from
his or her regular employment, subject to those conditions as may be
set forth by the Commissioner of the Department of the California
Highway Patrol. At least 75 percent of the persons appointed pursuant
to this subdivision shall possess the basic certificate issued by
the Commission on Peace Officers Standards and Training. The
remaining 25 percent may be appointed if the person has completed a
Peace Officer Standards and Training-certified academy, or possesses
a Level One Reserve Certificate (as
Certificate, as defined in Section 832.6 of the Penal
Code). Code. Of this 25 percent, any portion may
be comprised of probation officers certified under Section 832.
Nothing in this subdivision shall be construed to give probation
officers appointed pursuant to this subdivision peace officer powers
pursuant to Section 830.2 of the Penal Code.
(k) With the approval of the Department of General Services,
purchase, acquire, or hold real or personal property, and
beautify or improve that hold, sell, exchange, or
convey any interest in real property. Any acquisition of land
or other real property is subject to the approval of the Department
of General Services, and in the case of the purchase of real
property, is subject to the Property Acquisition Law (Part 11
(commencing with Section 15850) of Division 3 of Title 2 of the
Government Code). Notwithstanding any other law, the proceeds of
any lease, sale, or other agreement pursuant to this part shall
become the property of the California Exposition and State Fair and
shall be available to the California State Fair for any of the
purposes of this part.
( l ) With the approval of the Department of General
Services, make permanent improvements upon publicly owned real
property adjacent to, or near the vicinity of, the real property of
the California Exposition and State Fair when the improvements
materially benefit the property of the California Exposition and
State Fair.
(m) Lease, with the approval of the Department of General
Services, any of its property for any purpose for any period of time.
(n) Use or manage any of its property, with the approval of the
Department of General Services, jointly or in connection with any
lessee or sublessee, for any purpose approved by the board.
(o) With the approval of the Department of General Services,
pledge any and all revenues, moneys, accounts, accounts receivable,
contract rights, and other rights to payment of whatever kind,
pursuant to such the terms and
conditions as are approved by the board. Any issuance of bonds,
contracts entered into, debts incurred, settlements, judgments, or
liens under this section or pursuant to Chapter 5 (commencing with
Section 6500) of Division 7 of Title 1 of the Government Code, shall
not directly, indirectly, or contingently obligate the state or any
political subdivision thereof of the state
to levy or to pledge any form of taxation therefor or to make
any appropriation for their payment. Any such
This bond shall contain on the its
face thereof a statement to the following
effect: "Neither the full faith and credit nor the taxing power of
the State of California is pledged to the payment of the principal
of, or interest on this bond."
SEC. 6. Section 3333 of the Food and Agricultural Code is
repealed.
SEC. 7. Section 3333 is added to the Food and Agricultural Code,
to read:
3333. Notwithstanding Section 14660.5 of the Government Code, the
title, control, and possession of all personal property acquired,
held, managed, or operated by the California Exposition and State
Fair, including property controlled or possessed by the fair before
the enactment of this section, vests with the California Exposition
and State Fair.
SEC. 8. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to restore the viability of the California Exposition and
State Fair as soon as possible, it is necessary that this act take
effect immediately.
