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AB-2909 Horseracing revenue: appropriation for state designated fairs; joint powers agreements.(1993-1994)



Current Version: 09/29/94 - Chaptered

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AB2909:v93#DOCUMENT

Assembly Bill No. 2909
CHAPTER 1045

An act to amend Section 3200 of the Food and Agricultural Code, and to add Section 6516.9 to the Government Code, relating to fairs and expositions, and making an appropriation therefor.

[ Filed with Secretary of State  September 29, 1994. Approved by Governor  September 28, 1994. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2909, Cannella. Horseracing revenue: appropriation for state designated fairs; joint powers agreements.
(1)  Existing law provides that notwithstanding the provisions that provide for the continuous appropriation of license fees from ontrack wagering for various specific purposes, for the 1993–94 fiscal year, those funds shall be utilized for capital outlay for fair projects involving public health and safety, for fair projects involving major and deferred maintenance, for fair projects necessary due to any emergency, for projects that are required by physical changes to the fair site, for projects that are required to protect the fair property or installation, such as fencing and flood protection, for the acquisition or improvement of any property or facility that will serve to enhance the operation of the fair, and for general operational support purposes, and provides that the funds may be allocated by the Secretary of Food and Agriculture for those purposes to all state designated fairs, as defined.
This bill would make an appropriation by requiring that those continuously appropriated funds also be used for those purposes for the 1994–95 fiscal year.
(2)  Under existing law, a joint powers agency may create risk pooling arrangements for the payment of general liability losses incurred by participants and exhibitors in fair sponsored programs and special events users of fair facilities.
This bill would permit a joint powers agency, the members of which may conduct agricultural, livestock, industrial, cultural, or other types of fairs and exhibitions, to establish and administer risk pooling arrangements for the payment of general liability losses incurred by nonprofit corporations conducting or benefiting agricultural, livestock, industrial, cultural, or other types of fairs and exhibitions, and by nonprofit corporations or auxiliary organizations operating facilities, programs, or events at public schools, the California Community Colleges, the California State University, or the University of California.
Appropriation: YES  

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


SECTION 1.

 Section 3200 of the Food and Agricultural Code is amended to read:

3200.
 Notwithstanding any other provision of law, all funds appropriated for California fairs and expositions pursuant to Sections 19622, 19627, 19627.1, and subdivision (c) of Section 19627.2 of the Business and Professions Code for the 1994–95 fiscal year shall not be utilized for the purposes specified in those sections but shall, instead, be utilized for the purposes specified in Section 19630 of the Business and Professions Code, and may be allocated by the Secretary of Food and Agriculture to all state designated fairs as defined by Section 19418 of the Business and Professions Code, for the purposes specified in Section 19630.

SEC. 2.

 Section 6516.9 is added to the Government Code, to read:

6516.9.
 Notwithstanding any other provision of law, a joint powers agency provided for by a joint powers agreement pursuant to this article, the members of which may conduct agricultural, livestock, industrial, cultural, or other types of fairs and exhibitions, may establish and administer risk pooling arrangements for the payment of general liability losses incurred by nonprofit corporations conducting or benefiting agricultural, livestock, industrial, cultural, or other types of fairs and exhibitions, and by nonprofit corporations or auxiliary organizations operating facilities, programs, or events at public schools, the California Community Colleges, the California State University, or the University of California. The joint powers agency may provide the nonprofit corporations with any services provided to the agency’s members. Aggregate payments made under each risk pooling arrangement shall not exceed the amount available in the pool established for that arrangement. The joint powers agency may establish and administer as many separate risk pooling arrangements as it deems desirable. A general liability risk pooling arrangement established pursuant to this section may also provide for the payment of losses incurred by special events users, lessees, and licensees of facilities operated by nonprofit corporations, auxiliary organizations, public schools, community colleges, the California State University, or the University of California and for the payment of losses incurred by participants and exhibitors in programs sponsored by those entities.