Chapter 3 - Organization and Administration

California Food and Agricultural Code — §§ 3951-3968

Sections (20)

Enacted by Stats. 1967, Ch. 15.

Fifty or more persons, who are residents of a district, may form an association to be known as and designated as the ____ District Agricultural Association, for the following purposes:

(a)Holding fairs, expositions and exhibitions for the purpose of exhibiting all of the industries and industrial enterprises, resources and products of every kind or nature of the state with a view toward improving, exploiting, encouraging, and stimulating them.

(b)Constructing, maintaining, and operating recreational and cultural facilities of general public interest.

§ 3952

Enacted by Stats. 1967, Ch. 15.

Copies of the articles of association shall be filed with the Governor, the Secretary of State, and the department.

§ 3953

Enacted by Stats. 1967, Ch. 15.

Each association is a state institution.

§ 3954

Amended by Stats. 2014, Ch. 342, Sec. 1. (AB 2490) Effective January 1, 2015.

Each association by its name has perpetual succession. It may have a seal. An association may sue and be sued, and may do any and all things necessary to carry out the powers and the objects and purposes for which the association is formed.

§ 3955

Amended by Stats. 2016, Ch. 31, Sec. 29. (SB 836) Effective June 27, 2016.

Claims against an association shall be presented to the Department of General Services in accordance with Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code.

§ 3956

Amended by Stats. 2021, Ch. 374, Sec. 2. (AB 623) Effective January 1, 2022.

(a)The officers of the association shall consist of a board of directors of nine members. The directors shall be citizens and residents of the district.

(b)(1) A director shall not officially be seated on the board or participate in a board meeting until they have completed any mandatory forms and training, as required by state law and as determined by the department.

(2)A director shall, on a timely basis, complete any form or training that becomes mandatory during their term

of office, retake any mandatory training that is required to be repeated periodically, and continue to submit any required forms during their term of office. The relevant form or training shall be completed by the director within 90 days of the form or training requirement or the expiration of the effective period of the form or training. A director shall be subject to removal from the board if they do not comply with these requirements.

§ 3957

Enacted by Stats. 1967, Ch. 15.

If two or more counties constitute a district, each county shall be represented on the board by at least two persons who are citizens and residents of such county.

§ 3958

Enacted by Stats. 1967, Ch. 15.

If, by reason of the formation of a new district, a director in one district becomes a resident of another district, his term of office as director expires 60 days after the formation of the new district.

§ 3959

Enacted by Stats. 1967, Ch. 15.

The directors shall be appointed by the Governor.

§ 3960

Amended by Stats. 2014, Ch. 342, Sec. 2. (AB 2490) Effective January 1, 2015.

The term of office of each director, except that of a member of the first board, is four years from the beginning of the term for which he or she is appointed. Any vacancy shall be filled for the unexpired term. However, any director may be removed for cause by the Governor prior to the expiration of the director’s term.

§ 3961

Enacted by Stats. 1967, Ch. 15.

The term of office of each member of the first board shall be so fixed by the Governor that the terms of the directors of such board shall expire in three groups of two, and one group of three, on the 15th day of January of each year following the formation of the association.

§ 3962

Enacted by Stats. 1967, Ch. 15.

The directors are state officers.

§ 3963

Enacted by Stats. 1967, Ch. 15.

The directors shall meet at a place within the district and organize by the election of one of their number as president. The term of office of the president shall be one year and until his successor is elected.

§ 3964

Amended by Stats. 1982, Ch. 126, Sec. 1. Effective March 23, 1982.

The directors shall also select a secretary, a manager, and a treasurer from among persons who are not members of the board. One person may be the secretary, the manager, and the treasurer. The secretary, manager, and treasurer are state officers.

§ 3964.5

Added by Stats. 1989, Ch. 131, Sec. 1.

(a)Notwithstanding any other law, a board may form any advisory committee by resolution or any similar formal action.

(b)Meetings of an advisory committee shall be open and public and notice thereof shall be delivered personally or by mail at least 24 hours before the time of the meeting to each person who has requested, in writing, notice of the meeting.

(c)If the advisory committee elects to provide for the holding of regular meetings, it shall provide in its bylaws, or by whatever other rule is utilized by the board for the conduct of its business, for the time and place for holding regular meetings. No other notice of regular meetings is required.

(d)“Advisory committee”, as used in this section, means a committee composed solely of the members of the board which is less than a quorum of the board.

§ 3965

Amended by Stats. 2014, Ch. 342, Sec. 3. (AB 2490) Effective January 1, 2015.

The board may, with the approval of the department:

(a)Fix the term of office, the amount of bond and salary, and prescribe the duties of the 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.

§ 3965.1

Amended by Stats. 2014, Ch. 342, Sec. 4. (AB 2490) Effective January 1, 2015.

(a)Notwithstanding Section 3965 or 4051, the board, without prior approval from the department, may arrange for and conduct, or cause to be conducted, or by contract permit to be conducted, any activity by any individual, institution, corporation, or association upon its property at a time as it may be deemed advisable, except for the following:

(1)Revenue-generating contracts involving hazardous activities, as determined by the department, unless adequate insurance coverage is provided, as determined by the department in consultation with the Department of General Services.

(2)The activities specified in Section

4051.2 and Section 19130 of the Government Code.

(b)This section shall not be construed and is not intended to extend or limit the authority specified in Section 19130 of the Government Code.

§ 3966

Enacted by Stats. 1967, Ch. 15.

The board shall annually make to the department such report as such department may direct.

§ 3967

Added by Stats. 1970, Ch. 50.

Any director who misses three consecutive regular meetings of the board without the permission of the board is deemed to have resigned as a director.

§ 3968

Amended by Stats. 1969, Ch. 371.

Records of the board which are entries in events which are scheduled for future judging and for overnight entries in races on which there is parimutuel wagering prior to such events, judging times, or races, shall not be open to inspection by the public.