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AB-2173 Department of Food and Agriculture: Fair and Exposition Fund: loans to fairs: deferral of loan repayment.(2019-2020)

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Date Published: 05/01/2020 09:00 PM
AB2173:v97#DOCUMENT

Amended  IN  Assembly  May 04, 2020
Amended  IN  Assembly  March 12, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2173

Introduced by Assembly Member Megan Dahle

February 11, 2020

An act to amend Section 3965 of the Food and Agricultural 19629 of the Business and Professions Code, relating to district agricultural associations. fairs, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 2173, as amended, Megan Dahle. District agricultural associations: board of directors: duties: secretary, manager, and treasurer: salaries. Department of Food and Agriculture: Fair and Exposition Fund: loans to fairs: deferral of loan repayment.
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 fair’s demonstrated ability to repay the loan.
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.
This bill would declare that it is to take effect immediately as an urgency statute.

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.

This bill would 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.

Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 19629 of the Business and Professions Code is amended to read:

19629.
 (a) The Department of Food and Agriculture may make and may administer loans from the Fair and Exposition Fund to any fair in the network of California fairs according to agreements that are specific to the circumstances that gave rise to a receiving fair’s need for a loan, subject to the fair’s demonstrated ability to repay the loan.
(b) A fair may defer repayment of a loan issued pursuant to subdivision (a) until July 1, 2021. Interest shall not accrue on a loan during the time period that a fair elects to defer repayment pursuant to this subdivision.

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:
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.
SECTION 1.Section 3965 of the Food and Agricultural Code is amended to read:
3965.

The board may do all of the following:

(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.

(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.