California Senate Bill SB1085 Amended / Bill

 BILL NUMBER: SB 1085AMENDED BILL TEXT AMENDED IN SENATE APRIL 27, 2010 INTRODUCED BY Senator Runner (Coauthor: Assembly Member Knight) FEBRUARY 17, 2010 An act to  amend Section 19418 of the Business and Pr   ofessions Code, and to  add Article 3.8 (commencing with Section 4171) to Chapter 6 of Part 3 of Division 3 of the Food and Agricultural Code, relating to district agricultural associations. LEGISLATIVE COUNSEL'S DIGEST SB 1085, as amended, Runner. 50th District Agricultural Association: Antelope Valley Fair: lease. Existing law divides the state into agricultural districts within the boundaries of which agricultural associations may be formed. Existing law provides that District 50 is all that portion of Los Angeles County which lies north of the south line of Township 5 North, San Bernardino base. This bill would permit a nonprofit organization to hold an annual fair in lieu of the annual fair held by the 50th District Agricultural Association, with the consent of the Secretary of Food and Agriculture. The bill would permit the Director of General Services, with the consent of, and on terms approved by, the secretary, to lease to the nonprofit organization, for less than market value, the premises known as the Antelope Valley Fair for a period not to exceed 99 years. During the period that the lease is in effect, the 50th District Agricultural Association would be required to be inactive and not have any powers or duties. The bill would permit employees of the 50th District Agricultural Association to make an election concerning employment with the nonprofit lessee of those premises, as provided.  The bill would also provide that the nonprofit organization 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 nonprofit organization.  Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 19418 of the   Business and Professions Code   is amended to read:  19418. (a) "State designated fairs," referred to in this chapter as fairs, means the California Exposition and State Fair in the City of Sacramento and those fairs specified in Sections 19418.1, 19418.2, and 19418.3 that may receive financial support or are otherwise governed pursuant to this chapter. These fairs may also be referred to as part of the "network of California fairs." (b) A nonprofit organization that holds an annual fair pursuant to Section 4163  or 4171  of the Food and Agricultural Code 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 nonprofit  corporation   organization  .  SECTION 1.   SEC. 2.  Article 3.8 (commencing with Section 4171) is added to Chapter 6 of Part 3 of Division 3 of the Food and Agricultural Code, to read: Article 3.8. 50th District Agricultural Association 4171. (a) With the consent of the secretary, a nonprofit organization may hold an annual fair in lieu of the annual fair held by the 50th District Agricultural Association. (b) Notwithstanding any other provision of law, the department may enter into contracts with the nonprofit organization referred to in subdivision (a) for the receipt of public funds. (c) Notwithstanding any other provision of law, the Director of General Services, with the consent of, and on terms approved by, the secretary, may lease certain premises commonly known as the Antelope Valley Fair, containing approximately 135 acres situated in the County of Los Angeles and the City of Lancaster, to the nonprofit organization referred to in subdivision (a) for a period not to exceed 99 years, to hold an annual fair pursuant to subdivision (a). While the lease is in effect, the 50th District Agricultural Association shall be inactive, and shall not have any powers or duties. (d) The lease executed pursuant to this section may be for less than the market value of the property, and shall include a provision that the lease may be canceled if the lessee or its  successors or assignees   successor or assignee  fails to hold an annual fair. (e) Prior to the commencement of the term of the lease, the lessee and the department shall ensure that every employee in the civil service of the 50th District Agricultural Association is provided with the option of continuing his or her employment with the state, or of accepting a position as an employee of the lessee. (1) With respect to an employee who chooses to continue his or her employment with the state, the employee shall continue to be subject to all of the provisions governing civil service employees, and additionally, all of the following shall apply: (A) The lessee shall contract with the department for the services of the employee, consistent with his or her civil service classification and status. (B) The employee has the right to continue to provide services to the lessee pursuant to that contract during the time the employee continues in the civil service classification he or she held at the time of the employee's election. (2) With respect to an employee who chooses to leave his or her employment with the state and become an employee of the lessee, those employees are not employees of the state, and are not subject to the requirements of Chapter 10.3 (commencing with Section 3512) and Chapter 10.5 (commencing with Section 3525) of Division 4 of Title 1 of the Government Code. (3) If a position filled by a civil service employee pursuant to contract with the department becomes vacant, the lessee may fill the position with a non-civil-service employee. (f) The State of California is not liable for any debts, liabilities, settlements, liens, or any other obligations incurred by or imposed upon the nonprofit organization referred to in subdivision (a). The lease executed pursuant to this section shall expressly provide that the General Fund and the Fair and Exposition Fund shall be held harmless from all debts, liabilities, settlements, judgments, or liens incurred by the nonprofit organization, and that neither the state nor any agency or division thereof shall be liable for any contract, tort, action or inaction, error in judgment,  mistakes   mistake  , or other  acts   act  taken by the nonprofit organization, or any of its employees, agents, servants, invitees, guests, or anyone acting in concert with, or on the behalf of, the nonprofit organization.