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| 1 | + | Amended IN Assembly March 12, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2173Introduced by Assembly Member Megan DahleFebruary 11, 2020 An act relating to fairgrounds. to amend Section 3965 of the Food and Agricultural Code, relating to district agricultural associations.LEGISLATIVE COUNSEL'S DIGESTAB 2173, as amended, Megan Dahle. Fairgrounds: national or state emergency. District agricultural associations: board of directors: duties: secretary, manager, and treasurer: salaries.Existing federal law, the National Emergencies Act, authorizes the President to declare a national emergency under specified conditions. Existing state law, the California Emergency Services Act, authorizes the Governor to declare a state of emergency, when specified conditions of disaster or extreme peril to the safety of persons and property exist, and to exercise certain powers in response to that emergency. Existing state law defines the term state of emergency to mean a duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by, among other things, fire, storm, riot, or cyberterrorism.Existing state law sets forth various provisions on fairgrounds owned or operated by a district agricultural association, the California Exposition and State Fair, county fairs, and citrus fruit fairs. law divides the state into agricultural districts and provides for the formation within these districts of district agricultural associations, as specified. Existing law provides that the officers of a district agricultural association shall consist of a board of directors of 9 members, and requires the directors to select a secretary, a manager, and a treasurer from among persons who are not members of the board. Existing law authorizes the board of a district agricultural association to, with the approval of the Department of Food and Agriculture, manage the affairs of the association, make all necessary bylaws, rules, and regulations for the government of the association, delegate to its officers or employees any powers vested in the board, as specified, and fix the term of office, amount of bond and salary, and prescribe the duties of the secretary and the treasurer of the association.This bill would declare the intent of the Legislature to enact legislation related to fairgrounds during a national emergency or state of emergency. instead authorize the board of a district agricultural association to take these actions without obtaining the approval of the department. The bill would also instead authorize the board of a district agricultural association to fix the term of office, fix the amount of salary within established pay scales adopted by the state for the position, and prescribe the duties of the manager, secretary, and treasurer.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3965 of the Food and Agricultural Code is amended to read:3965. The board may, with the approval of the department: may do all of the following:(a) Fix the term of office, fix the amount of bond and salary, salary within established pay scales adopted by the state for the position, and prescribe the duties of the secretary manager, 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.(d) Delegate, as it may deem advisable, to its officers or employees any of the powers that are vested in the board under subdivision (b). Any delegation of power may be revoked at any time.SECTION 1.It is the intent of the Legislature to enact legislation related to fairgrounds during a national emergency or state of emergency. | |
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| 3 | + | Amended IN Assembly March 12, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2173Introduced by Assembly Member Megan DahleFebruary 11, 2020 An act relating to fairgrounds. to amend Section 3965 of the Food and Agricultural Code, relating to district agricultural associations.LEGISLATIVE COUNSEL'S DIGESTAB 2173, as amended, Megan Dahle. Fairgrounds: national or state emergency. District agricultural associations: board of directors: duties: secretary, manager, and treasurer: salaries.Existing federal law, the National Emergencies Act, authorizes the President to declare a national emergency under specified conditions. Existing state law, the California Emergency Services Act, authorizes the Governor to declare a state of emergency, when specified conditions of disaster or extreme peril to the safety of persons and property exist, and to exercise certain powers in response to that emergency. Existing state law defines the term state of emergency to mean a duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by, among other things, fire, storm, riot, or cyberterrorism.Existing state law sets forth various provisions on fairgrounds owned or operated by a district agricultural association, the California Exposition and State Fair, county fairs, and citrus fruit fairs. law divides the state into agricultural districts and provides for the formation within these districts of district agricultural associations, as specified. Existing law provides that the officers of a district agricultural association shall consist of a board of directors of 9 members, and requires the directors to select a secretary, a manager, and a treasurer from among persons who are not members of the board. Existing law authorizes the board of a district agricultural association to, with the approval of the Department of Food and Agriculture, manage the affairs of the association, make all necessary bylaws, rules, and regulations for the government of the association, delegate to its officers or employees any powers vested in the board, as specified, and fix the term of office, amount of bond and salary, and prescribe the duties of the secretary and the treasurer of the association.This bill would declare the intent of the Legislature to enact legislation related to fairgrounds during a national emergency or state of emergency. instead authorize the board of a district agricultural association to take these actions without obtaining the approval of the department. The bill would also instead authorize the board of a district agricultural association to fix the term of office, fix the amount of salary within established pay scales adopted by the state for the position, and prescribe the duties of the manager, secretary, and treasurer.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 12, 2020 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly May 04, 2020 | |
| 8 | 7 | Amended IN Assembly March 12, 2020 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 2173 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member Megan DahleFebruary 11, 2020 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Member Megan Dahle | |
| 19 | 18 | February 11, 2020 | |
| 20 | 19 | ||
| 21 | - | An act to amend Section 3965 of the Food and Agricultural | |
| 20 | + | An act relating to fairgrounds. to amend Section 3965 of the Food and Agricultural Code, relating to district agricultural associations. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | AB 2173, as amended, Megan Dahle. District agricultural associations: board of directors: duties: secretary, manager, and treasurer: salaries. | |
| 26 | + | AB 2173, as amended, Megan Dahle. Fairgrounds: national or state emergency. District agricultural associations: board of directors: duties: secretary, manager, and treasurer: salaries. | |
| 28 | 27 | ||
| 29 | - | Existing law authorizes the | |
| 28 | + | Existing federal law, the National Emergencies Act, authorizes the President to declare a national emergency under specified conditions. Existing state law, the California Emergency Services Act, authorizes the Governor to declare a state of emergency, when specified conditions of disaster or extreme peril to the safety of persons and property exist, and to exercise certain powers in response to that emergency. Existing state law defines the term state of emergency to mean a duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by, among other things, fire, storm, riot, or cyberterrorism.Existing state law sets forth various provisions on fairgrounds owned or operated by a district agricultural association, the California Exposition and State Fair, county fairs, and citrus fruit fairs. law divides the state into agricultural districts and provides for the formation within these districts of district agricultural associations, as specified. Existing law provides that the officers of a district agricultural association shall consist of a board of directors of 9 members, and requires the directors to select a secretary, a manager, and a treasurer from among persons who are not members of the board. Existing law authorizes the board of a district agricultural association to, with the approval of the Department of Food and Agriculture, manage the affairs of the association, make all necessary bylaws, rules, and regulations for the government of the association, delegate to its officers or employees any powers vested in the board, as specified, and fix the term of office, amount of bond and salary, and prescribe the duties of the secretary and the treasurer of the association.This bill would declare the intent of the Legislature to enact legislation related to fairgrounds during a national emergency or state of emergency. instead authorize the board of a district agricultural association to take these actions without obtaining the approval of the department. The bill would also instead authorize the board of a district agricultural association to fix the term of office, fix the amount of salary within established pay scales adopted by the state for the position, and prescribe the duties of the manager, secretary, and treasurer. | |
| 30 | 29 | ||
| 31 | - | Existing law authorizes the Department of Food and Agriculture to make and administer loans from the Fair and Exposition Fund to any fair in the network of California Fairs, according to specific agreements and subject to the fairs demonstrated ability to repay the loan. | |
| 32 | - | ||
| 33 | - | This bill would authorize a fair to defer repayment of a loan issued pursuant to this provision until July 1, 2021. The bill would provide that interest shall not accrue on a loan during the time period that a fair elects to defer repayment. | |
| 34 | - | ||
| 35 | - | This bill would declare that it is to take effect immediately as an urgency statute. | |
| 36 | - | ||
| 37 | - | Existing law divides the state into agricultural districts and provides for the formation within these districts of district agricultural associations, as specified. Existing law provides that the officers of a district agricultural association shall consist of a board of directors of 9 members, and requires the directors to select a secretary, a manager, and a treasurer from among persons who are not members of the board. Existing law authorizes the board of a district agricultural association to, with the approval of the Department of Food and Agriculture, manage the affairs of the association, make all necessary bylaws, rules, and regulations for the government of the association, delegate to its officers or employees any powers vested in the board, as specified, and fix the term of office, amount of bond and salary, and prescribe the duties of the secretary and the treasurer of the association. | |
| 30 | + | Existing federal law, the National Emergencies Act, authorizes the President to declare a national emergency under specified conditions. Existing state law, the California Emergency Services Act, authorizes the Governor to declare a state of emergency, when specified conditions of disaster or extreme peril to the safety of persons and property exist, and to exercise certain powers in response to that emergency. Existing state law defines the term state of emergency to mean a duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by, among other things, fire, storm, riot, or cyberterrorism. | |
| 38 | 31 | ||
| 39 | 32 | ||
| 40 | 33 | ||
| 41 | - | ||
| 34 | + | Existing state law sets forth various provisions on fairgrounds owned or operated by a district agricultural association, the California Exposition and State Fair, county fairs, and citrus fruit fairs. law divides the state into agricultural districts and provides for the formation within these districts of district agricultural associations, as specified. Existing law provides that the officers of a district agricultural association shall consist of a board of directors of 9 members, and requires the directors to select a secretary, a manager, and a treasurer from among persons who are not members of the board. Existing law authorizes the board of a district agricultural association to, with the approval of the Department of Food and Agriculture, manage the affairs of the association, make all necessary bylaws, rules, and regulations for the government of the association, delegate to its officers or employees any powers vested in the board, as specified, and fix the term of office, amount of bond and salary, and prescribe the duties of the secretary and the treasurer of the association. | |
| 42 | 35 | ||
| 43 | - | ||
| 36 | + | This bill would declare the intent of the Legislature to enact legislation related to fairgrounds during a national emergency or state of emergency. instead authorize the board of a district agricultural association to take these actions without obtaining the approval of the department. The bill would also instead authorize the board of a district agricultural association to fix the term of office, fix the amount of salary within established pay scales adopted by the state for the position, and prescribe the duties of the manager, secretary, and treasurer. | |
| 44 | 37 | ||
| 45 | 38 | ## Digest Key | |
| 46 | 39 | ||
| 47 | 40 | ## Bill Text | |
| 48 | 41 | ||
| 49 | - | The people of the State of California do enact as follows:SECTION 1. Section | |
| 42 | + | The people of the State of California do enact as follows:SECTION 1. Section 3965 of the Food and Agricultural Code is amended to read:3965. The board may, with the approval of the department: may do all of the following:(a) Fix the term of office, fix the amount of bond and salary, salary within established pay scales adopted by the state for the position, and prescribe the duties of the secretary manager, 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.(d) Delegate, as it may deem advisable, to its officers or employees any of the powers that are vested in the board under subdivision (b). Any delegation of power may be revoked at any time.SECTION 1.It is the intent of the Legislature to enact legislation related to fairgrounds during a national emergency or state of emergency. | |
| 50 | 43 | ||
| 51 | 44 | The people of the State of California do enact as follows: | |
| 52 | 45 | ||
| 53 | 46 | ## The people of the State of California do enact as follows: | |
| 54 | 47 | ||
| 55 | - | SECTION 1. Section | |
| 48 | + | SECTION 1. Section 3965 of the Food and Agricultural Code is amended to read:3965. The board may, with the approval of the department: may do all of the following:(a) Fix the term of office, fix the amount of bond and salary, salary within established pay scales adopted by the state for the position, and prescribe the duties of the secretary manager, 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.(d) Delegate, as it may deem advisable, to its officers or employees any of the powers that are vested in the board under subdivision (b). Any delegation of power may be revoked at any time. | |
| 56 | 49 | ||
| 57 | - | SECTION 1. Section | |
| 50 | + | SECTION 1. Section 3965 of the Food and Agricultural Code is amended to read: | |
| 58 | 51 | ||
| 59 | 52 | ### SECTION 1. | |
| 60 | 53 | ||
| 61 | - | ||
| 54 | + | 3965. The board may, with the approval of the department: may do all of the following:(a) Fix the term of office, fix the amount of bond and salary, salary within established pay scales adopted by the state for the position, and prescribe the duties of the secretary manager, 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.(d) Delegate, as it may deem advisable, to its officers or employees any of the powers that are vested in the board under subdivision (b). Any delegation of power may be revoked at any time. | |
| 62 | 55 | ||
| 63 | - | ||
| 56 | + | 3965. The board may, with the approval of the department: may do all of the following:(a) Fix the term of office, fix the amount of bond and salary, salary within established pay scales adopted by the state for the position, and prescribe the duties of the secretary manager, 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.(d) Delegate, as it may deem advisable, to its officers or employees any of the powers that are vested in the board under subdivision (b). Any delegation of power may be revoked at any time. | |
| 64 | 57 | ||
| 65 | - | ||
| 58 | + | 3965. The board may, with the approval of the department: may do all of the following:(a) Fix the term of office, fix the amount of bond and salary, salary within established pay scales adopted by the state for the position, and prescribe the duties of the secretary manager, 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.(d) Delegate, as it may deem advisable, to its officers or employees any of the powers that are vested in the board under subdivision (b). Any delegation of power may be revoked at any time. | |
| 66 | 59 | ||
| 67 | 60 | ||
| 68 | 61 | ||
| 69 | - | ||
| 62 | + | 3965. The board may, with the approval of the department: may do all of the following: | |
| 70 | 63 | ||
| 71 | - | ||
| 64 | + | (a) Fix the term of office, fix the amount of bond and salary, salary within established pay scales adopted by the state for the position, and prescribe the duties of the secretary manager, secretary, and of the treasurer. | |
| 72 | 65 | ||
| 73 | - | ||
| 66 | + | (b) Manage the affairs of the association. | |
| 74 | 67 | ||
| 75 | - | ||
| 68 | + | (c) Make all necessary bylaws, rules, and regulations for the government of the association. | |
| 76 | 69 | ||
| 77 | - | SEC. 2. 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 California Constitution and shall go into immediate effect. The facts constituting the necessity are: | |
| 78 | - | ||
| 79 | - | ### SEC. 2. | |
| 80 | - | ||
| 81 | - | In order to provide relief to fairs experiencing financial hardship due to the COVID-19 pandemic at the earliest possible date, it is necessary that this act take effect immediately. | |
| 70 | + | (d) Delegate, as it may deem advisable, to its officers or employees any of the powers that are vested in the board under subdivision (b). Any delegation of power may be revoked at any time. | |
| 82 | 71 | ||
| 83 | 72 | ||
| 84 | 73 | ||
| 85 | - | ||
| 86 | - | ||
| 87 | - | The board may do all of the following: | |
| 88 | - | ||
| 89 | - | ||
| 90 | - | ||
| 91 | - | (a)Fix the term of office, fix the amount of salary within established pay scales adopted by the state for the position, and prescribe the duties of the manager, secretary, and treasurer. | |
| 92 | - | ||
| 93 | - | ||
| 94 | - | ||
| 95 | - | (b)Manage the affairs of the association. | |
| 96 | - | ||
| 97 | - | ||
| 98 | - | ||
| 99 | - | (c)Make all necessary bylaws, rules, and regulations for the government of the association. | |
| 100 | - | ||
| 101 | - | ||
| 102 | - | ||
| 103 | - | (d)Delegate, as it may deem advisable, to its officers or employees any of the powers that are vested in the board under subdivision (b). Any delegation of power may be revoked at any time. | |
| 74 | + | It is the intent of the Legislature to enact legislation related to fairgrounds during a national emergency or state of emergency. |