AB 260 Exposition Park Authority and California Science C BILL NUMBER: AB 260 AMENDED 04/06/99 BILL TEXT AMENDED IN ASSEMBLY APRIL 6, 1999 INTRODUCED BY Assembly Member Wright FEBRUARY 3, 1999 {- An act to add Section 4106.5 to the Food and Agricultural -} {+ An act to amend Section 19636 of the Business and Professions Code, to amend Sections 3857, 4101, 4102, 4103, 4105, 4106, 4107, and 4108 of, and to add Sections 4101.1, 4101.2, 4101.3, and 4101.4 to, and to amend the heading of Article 1 (commencing with Section 4101) of Chapter 6 of Part 3 of Division 3 of, the Food and Agricultural Code, to amend Section 12804 of the Government Code, to amend Sections 172c, 830.3, and 830.7 of the Penal Code, and to amend Section 6366.4 of the Revenue and Taxation +} Code, relating to agriculture. LEGISLATIVE COUNSEL'S DIGEST AB 260, as amended, R. Wright. {+ Exposition Park Authority and +} California Science Center. Existing law provides for the Sixth District Agricultural Association which is known as the California Science Center and, among other things, authorizes the California Science Center to accept funds for implementing the California Science Center Exposition Park Master Plan. This bill would {-include declarations of legislative intent relating to the reorganization of the governing structure of the California Science Center -} {+ reorganize the Sixth District Agricultural Association which would be known as the Exposition Park Authority, with a board consisting of 9 members appointed as specified. The bill would specify the duties and responsibilities of the board, and, among other things, would authorize the board to employ a park manager, and to employ or contract for those workers, mechanics, laborers, clerks, and other employees that may be required in the management and operation of the Los Angeles Memorial Coliseum and Sports Arena and any other property or facility, including, but not limited to, parking facilities under the jurisdiction of the board. Existing law authorizes the California Science Center to establish a space-age museum in its building at Exposition Park in the City of Los Angeles. This bill would provide that the California Science Center shall be governed by a 9-member board of directors who shall be appointed by the Governor. In addition, the bill would specify that the California Science Center, through its board and executive officers, shall have jurisdiction only over those matters directly pertaining to the management and operation of the California Science Center museum facilities. The bill further would specify that any and all powers related to the overall management and operation of Exposition Park, including the management of all parking facilities located within the park and the provisions of security and maintenance services, are to be vested in the Exposition Park Authority board. The bill also would require the California Science Center, through its board and executive officers, to coordinate museum events and activities with the park manager of the Exposition Park authority. The bill would make related and other technical, nonsubstantive changes +} . Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. {- SECTION 1. Section 4106.5 is added to the Food and -} {+ SECTION 1. Section 19636 of the Business and Professions Code is amended to read: +} 19636. All money appropriated pursuant to this article to the California Exposition and State Fair, the Los Angeles County Fair, the Sixth District Agricultural Association, known and designated as the {- California Science Center -} {+ Exposition Park Authority +} , the citrus fruit fairs defined in Section 4603 of the Food and Agricultural Code, and the 1-A District Agricultural Association, except money allocated by the Secretary of Food and Agriculture for fair purposes under Section {- 19627.3 -} {+ 19630 +} , is exempt from Section 16304 of the Government Code, and shall remain available for expenditure from year to year until expended. {+ SEC. 2. Section 3857 of the Food and Agricultural Code is amended to read: +} 3857. District 6 is all that portion of Los Angeles County that is not included in District 48, District 50, and District 51, and, notwithstanding any other provision of this chapter, also includes that portion of Los Angeles County within the boundaries of the 29th Senatorial District. District 6 shall be known and designated as the {- California Science Center -} {+ Exposition Park Authority +} . {+ SEC. 3. The heading of Article 1 (commencing with Section 4101) of Chapter 6 of Part 3 of Division 3 of the Food and Agricultural Code is amended to read: +} Article 1. {- California Science Center -} {+ Exposition Park Authority +} {+ SEC. 4. Section 4101 of the Food and Agricultural Code is amended to read: +} 4101. The Sixth District Agricultural Association shall be known as the {- California Science Center -} {+ Exposition Park Authority +} . It is in the State and Consumer Services Agency and is deemed to be a tax-exempt organization as an instrumentality of this state in accordance with Section 23706 of the Revenue and Taxation Code. {+ SEC. 5. Section 4101.1 is added to the Food and Agricultural Code, to read: +} 4101.1. The Legislature finds and declares that Exposition Park contains diverse historical, cultural, and recreational facilities of statewide significance and that the control, management, and operation of those facilities represent an issue of statewide concern. In accordance with the provisions of this article, the Exposition Park Authority is hereby established to provide centralized governance and management of facilities located within Exposition Park. {+ SEC. 6. Section 4101.2 is added to the Food and Agricultural Code, to read: 4101.2. (a) Notwithstanding Sections 3959 and 3962, the Exposition Park Authority board, which shall be known as the board for purposes of this article, shall consist of nine members who shall be appointed as follows: (1) Three members shall be appointed by the Governor. (2) One member shall be appointed by the President Pro Tempore of the Senate. (3) One member shall be appointed by the Speaker of the Assembly. (4) Two members shall be appointed by the Board of Supervisors of the County of Los Angeles. (5) Two members shall be appointed by the Los Angeles City Council. (b) For purposes of paragraph (1) of subdivision (a), the Governor may appoint any three members who served previously on the California Science Center board to serve as members of the board. (c) The board shall be responsible for the management and operation of Exposition Park in Los Angeles and its facilities. In order to perform these responsibilities, the board is hereby be vested with all necessary powers, including, but not limited to, all of the following: (1) To employ a park manager, and employ or contract for those workers, mechanics, laborers, clerks, and other employees as may be required to manage and operate the Los Angeles Memorial Coliseum and Sports Arena and any other property or facility, including, but not limited to, parking facilities, under the jurisdiction of the board. (2) To lease, license, rent, use, or permit the use of all or any part of the Los Angeles Memorial Coliseum and Sports Arena and any other property or facility, including, but not limited to, parking facilities, under the jurisdiction of the board to any person for competitive sports, athletics, games, pageants, parades, plays, celebrations, public gatherings, or any other events as the board deems appropriate. (3) To grant concession privileges for the vending and sale of liquids, alcoholic beverages and edibles, programs, and similar articles. (4) To purchase those materials, services, public utilities, supplies, and equipment necessary to maintain and operate the Los Angeles Memorial Coliseum and Sports Arena and any other property or facilities, including, but not limited to, parking facilities, under the jurisdiction of the board. (5) To make repairs or improvements to any facility or property under the jurisdiction of the board. (6) To purchase or otherwise acquire, hold, own, mortgage, sell, convey, exchange, option, or otherwise dispose of real and personal property of every class and description, and any estate or interest therein, including leaseholds and licenses for any term, for any property under the jurisdiction of the board. (7) To issue revenue bonds. (8) To exercise any and all powers formerly held by the Los Angeles Memorial Coliseum Commission unless otherwise specified in this article. SEC. 7. Section 4101.3 is added to the Food and Agricultural Code, to read: 4101.3. The park manager shall manage the common interests of the various entities in Exposition Park. The park manager shall have the authority to coordinate and manage parkwide affairs on a full-time basis and shall report directly to the board. The park manager shall control, and be responsible for, all lease and other contract negotiations relating to the use of Exposition Park and facilities within the park, subject to approval by the board. SEC. 8. Section 4101.4 is added to the Food and Agricultural Code, to read: 4101.4. (a) As set forth in Section 4101.2, the board has jurisdiction over any and all matters pertaining to the management and operation of Exposition Park and its facilities. (b) Notwithstanding any other provision of law, the Los Angeles Memorial Coliseum Commission shall have no powers related to the management and operation of the Los Angeles Memorial Coliseum and Sports Arena, parking facilities, or other adjacent areas, except that the commission shall retain the power to issue revenue bonds for the Coliseum and Sports Arena pursuant to Section 6546. SEC. 9. Section 4102 of the Food and Agricultural Code is amended to read: +} 4102. The {- California Science Center -} {+ Exposition Park Authority +} , with the approval of the State and Consumer Services Agency, may build, construct, and maintain and operate a stadium or any arena, pavilion, or other building that is to be used for the holding of sports events, athletic contests, contests of skill, exhibitions, spectacles, and other public meetings. It may lease, let, or grant licenses for the use of that stadium, arena, pavilion, or other building, with the approval of the agency. {+ SEC. 10. Section 4103 of the Food and Agricultural Code is amended to read: +} 4103. {+ (a) +} The California Science Center may establish a space-age museum in its building at Exposition Park in the City of Los Angeles. {+ (b) The California Science Center shall be governed by a nine-member board of directors who shall be appointed by the Governor. (c) The California Science Center, through its board and executive officers, shall have jurisdiction only over those matters directly pertaining to the management and operation of the California Science Center museum facilities. Any and all powers relating to the overall management and operation of Exposition Park, including, but not limited to, the management of all parking facilities located within the park, and maintenance services, and security under the direction of the park manager, are vested in the Exposition Park Authority board pursuant to Section 4101.2. (d) The California Science Center, through its board and executive officers, shall coordinate museum events and activities with the park manager, established pursuant to Section 4101.2. +} {+ SEC. 11. Section 4105 of the Food and Agricultural Code is amended to read: +} 4105. Notwithstanding any other provision of law, from December 14 to December 21, inclusive, of any year, {- the California Science Center -} {+ Exposition Park Authority +} may not charge parking fees for the parking facilities surrounding the Los Angeles Memorial Coliseum when an event is being held at the facilities of the museum by a private nonprofit charitable organization for the purpose of collection and distribution of toys and food. {+ SEC. 12. Section 4106 of the Food and Agricultural Code is amended to read: +} 4106. (a) The {- California Science Center -} {+ Exposition Park Authority +} shall work with the Los Angeles Memorial Coliseum Commission, the City of Los Angeles, and the County of Los Angeles to develop additional parking facilities in Exposition Park to the extent necessary to allow for expansion of the park. (b) The {- California Science Center -} {+ Exposition Park Authority +} shall manage or operate its parking facilities in a manner that preserves and protects the interests of {- itself -} {+ all entities located in Exposition Park, including the California Science Center, +} and the California African-American Museum {+ , +} and {- recognizes -} {+ shall recognize +} the cultural and educational character of Exposition Park. (c) The Exposition Park Improvement Fund is hereby created in the State Treasury. All revenues received by the {- California Science Center -} {+ Exposition Park Authority +} from its parking facilities, from rental of museum facilities, or from other business activities shall be deposited in the Exposition Park Improvement Fund. (d) The moneys in the Exposition Park Improvement Fund may only be used, upon appropriation by the Legislature, for improvements to Exposition Park, including, but not limited to, maintenance of existing parking and museum facilities, replacement of museum equipment, supplies and wages expended to generate revenues from rental of museum facilities, development of new parking facilities, and acquisition of land within or adjacent to Exposition Park. (e) The Legislature hereby finds and declares that there is a need for development of additional park, recreation, museum, and parking facilities in Exposition Park. The Legislature recognizes that the provision of these needed improvements as identified in the California Science Center Exposition Park Master Plan may require the use of funds provided by other governmental agencies or private donors. The {- California Science Center -} {+ Exposition Park Authority +} may accept funds from other governmental agencies or private contributions for the purpose of implementation of the California Science Center Exposition Park Master Plan. The private contributions and funds from governmental agencies other than state governmental agencies shall be deposited in the Exposition Park Improvement Fund in the State Treasury and shall be available for expenditure without regard to fiscal years by the {- California Science Center -} {+ Exposition Park Authority +} for implementation of the California Science Center Exposition Park Master Plan. Funds from other state governmental agencies shall be deposited in the Exposition Park Improvement Fund and shall be available for expenditure, upon appropriation, by the {- California Science Center -} {+ Exposition Park Authority +} for implementation of the California Science Center Exposition Park Master Plan. However, any expenditure is not authorized sooner than 30 days after notification in writing of the necessity therefor to the chairperson of the committee in each house that considers appropriations and the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time as the chairperson of the joint committee, or his or her designee, may in each instance determine. Neither the City of Los Angeles nor the County of Los Angeles shall impose any tax upon tickets purchased authorizing the use of parking facilities owned by the {- California Science Center -} {+ Exposition Park Authority +} . {+ SEC. 13. Section 4107 of the Food and Agricultural Code is amended to read: +} 4107. Notwithstanding any other provision of law, a Member of the Legislature representing any district in Los Angeles County may be appointed as a director of the {- California Science Center -} {+ Exposition Park Authority +} . {+ SEC. 14. Section 4108 of the Food and Agricultural Code is amended to read: +} 4108. (a) The {- Executive Director of the California Science Center -} {+ park manager, established pursuant to paragraph (1) of subdivision (c) of Section 4101.2, +} may appoint the following persons: (1) The chief and assistant chief of museum security and safety who shall have the powers of peace officers as specified in Section 830.3 of the Penal Code. (2) Other safety officers who shall have the powers of arrest as specified in Section 830.7 of the Penal Code. (b) The officers appointed pursuant to subdivision (a) shall provide police and security services to keep order and to preserve the peace and safety of persons and property at the California Science Center and at Exposition Park on a year-round basis. {+ SEC. 15. Section 12804 of the Government Code is amended to read: +} 12804. The Agriculture and Services Agency is hereby renamed the State and Consumer Services Agency. The State and Consumer Services Agency consists of the following: the Department of General Services; the Department of Consumer Affairs; the Franchise Tax Board; the Public Employees' Retirement System; {- the State Fire Marshal; -} the State Teachers' Retirement System; the Department of Fair Employment and Housing; the {- California Science Center -} {+ Exposition Park Authority +} ; and the State Building and Standards Commission. {+ SEC. 16. Section 172c of the Penal Code is amended to read: +} 172c. Section 172a shall not apply to the sale at auction of alcoholic beverages by a nonprofit organization at the {- California Science Center -} {+ Exposition Park Authority +} premises located at Exposition Park, Los Angeles, California. {+ SEC. 17. Section 830.3 of the Penal Code is amended to read: +} 830.3. The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest pursuant to Section 836 of the Penal Code as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense, or pursuant to Section 8597 or 8598 of the Government Code. These peace officers may carry firearms only if authorized and under those terms and conditions as specified by their employing agencies: (a) Persons employed by the Division of Investigation of the Department of Consumer Affairs and investigators of the Medical Board of California and the Board of Dental Examiners, who are designated by the Director of Consumer Affairs, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 160 of the Business and Professions Code. The Director of Consumer Affairs shall designate as peace officers seven persons who shall at the time of their designation be assigned to the investigations unit of the Board of Dental Examiners. (b) Voluntary fire wardens designated by the Director of Forestry and Fire Protection pursuant to Section 4156 of the Public Resources Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 4156 of that code. (c) Employees of the Department of Motor Vehicles designated in Section 1655 of the Vehicle Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 1655 of that code. (d) Investigators of the California Horse Racing Board designated by the board, provided that the primary duty of these peace officers shall be the enforcement of Chapter 4 (commencing with Section 19400) of Division 8 of the Business and Professions Code and Chapter 10 (commencing with Section 330) of Title 9 of Part 1 of this code. (e) The State Fire Marshal and assistant or deputy state fire marshals appointed pursuant to Section 13103 of the Health and Safety Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 13104 of that code. (f) Inspectors of the food and drug section designated by the chief pursuant to subdivision (a) of Section 106500 of the Health and Safety Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 106500 of that code. (g) All investigators of the Division of Labor Standards Enforcement designated by the Labor Commissioner, provided that the primary duty of these peace officers shall be the enforcement of the law as prescribed in Section 95 of the Labor Code. (h) All investigators of the State Departments of Health Services, Social Services, Mental Health, Developmental Services, and Alcohol and Drug Programs, the Department of Toxic Substances Control, the Office of Statewide Health Planning and Development, and the Public Employees' Retirement System, provided that the primary duty of these peace officers shall be the enforcement of the law relating to the duties of his or her department, or office. Notwithstanding any other provision of law, investigators of the Public Employees' Retirement System shall not carry firearms. (i) The Chief of the Bureau of Fraudulent Claims of the Department of Insurance and those investigators designated by the chief, provided that the primary duty of those investigators shall be the enforcement of Section 550. (j) Employees of the Department of Housing and Community Development designated under Section 18023 of the Health and Safety Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 18023 of that code. (k) Investigators of the office of the Controller, provided that the primary duty of these investigators shall be the enforcement of the law relating to the duties of that office. Notwithstanding any other law, except as authorized by the Controller, the peace officers designated pursuant to this subdivision shall not carry firearms. (l) Investigators of the Department of Corporations designated by the Commissioner of Corporations, provided that the primary duty of these investigators shall be the enforcement of the provisions of law administered by the Department of Corporations. Notwithstanding any other provision of law, the peace officers designated pursuant to this subdivision shall not carry firearms. (m) Persons employed by the Contractors' State License Board designated by the Director of Consumer Affairs pursuant to Section 7011.5 of the Business and Professions Code, provided that the primary duty of these persons shall be the enforcement of the law as that duty is set forth in Section 7011.5, and in Chapter 9 (commencing with Section 7000) of Division 3, of that code. The Director of Consumer Affairs may designate as peace officers not more than three persons who shall at the time of their designation be assigned to the special investigations unit of the board. Notwithstanding any other provision of law, the persons designated pursuant to this subdivision shall not carry firearms. (n) The chief and coordinators of the Law Enforcement Division of the Office of Emergency Services. (o) Investigators of the office of the Secretary of State designated by the Secretary of State, provided that the primary duty of these peace officers shall be the enforcement of the law as prescribed in Chapter 3 (commencing with Section 8200) of Division 1 of Title 2 of, and Section 12172.5 of, the Government Code. Notwithstanding any other provision of law, the peace officers designated pursuant to this subdivision shall not carry firearms. (p) The Deputy Director for Security designated by Section 8880.38 of the Government Code, and all lottery security personnel assigned to the California State Lottery and designated by the director, provided that the primary duty of any of those peace officers shall be the enforcement of the laws related to assuring the integrity, honesty, and fairness of the operation and administration of the California State Lottery. (q) Investigators employed by the Investigation Division of the Employment Development Department designated by the director of the department, provided that the primary duty of those peace officers shall be the enforcement of the law as that duty is set forth in Section 317 of the Unemployment Insurance Code. Notwithstanding any other provision of law, the peace officers designated pursuant to this subdivision shall not carry firearms. (r) The chief and assistant chief of museum security and safety of the {- California Science Center -} {+ Exposition Park Authority +} , as designated by the {- executive director -} {+ park manager +} pursuant to Section 4108 of the Food and Agricultural Code, provided that the primary duty of those peace officers shall be the enforcement of the law as that duty is set forth in Section 4108 of the Food and Agricultural Code. (s) Employees of the Franchise Tax Board designated by the board, provided that the primary duty of these peace officers shall be the enforcement of the law as set forth in Chapter 9 (commencing with Section 19701) of Part 10.2 of Division 2 of the Revenue and Taxation Code. (t) Notwithstanding any other provision of this section, a peace officer authorized by this section shall not be authorized to carry firearms by his or her employing agency until that agency has adopted a policy on the use of deadly force by those peace officers, and until those peace officers have been instructed in the employing agency's policy on the use of deadly force. Every peace officer authorized pursuant to this section to carry firearms by his or her employing agency shall qualify in the use of the firearms at least every six months. {+ SEC. 18. Section 830.7 of the Penal Code is amended to read: +} 830.7. The following persons are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 during the course and within the scope of their employment, if they successfully complete a course in the exercise of those powers pursuant to Section 832: (a) Persons designated by a cemetery authority pursuant to Section 8325 of the Health and Safety Code. (b) Persons regularly employed as security officers for independent institutions of higher education, recognized under subdivision (b) of Section 66010 of the Education Code, if the institution has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the institution lies. (c) Persons regularly employed as security officers for health facilities, as defined in Section 1250 of the Health and Safety Code, that are owned and operated by cities, counties, and cities and counties, if the facility has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the facility lies. (d) Employees or classes of employees of the California Department of Forestry and Fire Protection designated by the Director of Forestry and Fire Protection, provided that the primary duty of the employee shall be the enforcement of the law as that duty is set forth in Section 4156 of the Public Resources Code. (e) Persons regularly employed as inspectors, supervisors, or security officers for transit districts, as defined in Section 99213 of the Public Utilities Code, if the district has concluded a memorandum of understanding permitting the exercise of that authority, with, as applicable, the sheriff, the chief of police, or the Department of the California Highway Patrol within whose jurisdiction the district lies. For the purposes of this subdivision, the exercise of peace officer authority may include the authority to remove a vehicle from a railroad right-of-way as set forth in Section 22656 of the Vehicle Code. (f) Nonpeace officers regularly employed as county parole officers pursuant to Section 3089. (g) Persons appointed by the {- Executive Director -} {+ park manager +} of the {- California Science Center -} {+ Exposition Park Authority +} pursuant to Section 4108 of the Food and Agricultural Code. {+ SEC. 19. Section 6366.4 of the Revenue and Taxation Code is amended to read: +} 6366.4. (a) There are exempted from the taxes imposed by this part the gross receipts from the sale of and the storage, use or other consumption in this state of tangible personal property purchased by a nonprofit museum regularly open to the public that is operated by or for a local or state government entity, or operated by a nonprofit organization which has qualified for exemption pursuant to Section 23701d, provided the property is purchased and used exclusively for display purposes within the museum. (b) The exemption provided by this section extends only to items that have value as museum pieces and does not extend to display cases, shelving, lamps, lighting fixtures, or other items of tangible personal property utilized in the operation of a museum. However, the exemption does include sprung instant structures used as temporary exhibit housing. (c) For purposes of this section, a "museum" includes only any of the following: (1) A museum that has a significant portion of its space open to the public without charge. (2) A museum open to the public without charge for not less than six hours during any month the museum is open to the public. (3) A museum that is open to a segment of the student or adult population without charge. (d) This section applies only to the San Diego Aero-Space Museum and the California Science Center {+ museum +} . {- Agricultural Code, to read: 4106.5. It is the intent of the Legislature to review the governing structure of the California Science Center in light of a report prepared by the Advanced Policy Institute of the University of California, Los Angeles, entitled "An Analysis of Governance Issues and Strategy Needs for Managing Exposition Park." It is also the intent of the Legislature that any reorganization of the district's governing structure be designed to improve the management, coordination, and services of Exposition Park without interfering with any leases or contracts. -} Searching keywords: (statusam) (authorWright) (HooA)