SECTIONS 4351-4363 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 4351-4363

4351. (a) There is hereby created the State Race Track Leasing
Commission which shall be composed of the Director of Food and
Agriculture, the Director of Finance, and the Director of General
Services and three individuals, appointed by the Governor, who are
members of the Board of Directors of the 22nd District Agricultural
Association. The Director of Finance shall serve as chairperson of
the commission. All meetings of the commission shall be open and
public.
(b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.

4352. The Department of Finance shall provide clerical services to
the commission. The Department of Food and Agriculture, the
Department of General Services, and the California Horse Racing Board
shall cooperate with the commission, and, insofar as possible,
shall, on request, allow the commission to utilize their staffs as
needed by the commission. However, the sole counsel for the
commission shall be the Attorney General, as provided in Section
4357.

4353. The State Race Track Leasing Commission may enter into leases
or other agreements for the use of the Del Mar Race Track and any
other property owned or controlled by the 22nd District Agricultural
Association which the commission shall deem necessary to provide
horseracing at Del Mar Race Track. Any such lease or agreement shall
be on behalf of the 22nd District Agricultural Association, and the
district shall continue in control of its property, subject to the
conditions and terms of that lease or agreement.

4356. The California Horse Racing Board shall, at the request of
the commission, certify the eligibility of any prospective lessee or
user of the property to be licensed to conduct horseracing at the Del
Mar Race Track.

4357. The Attorney General shall serve as counsel for, and adviser
to, the commission.

4358. The commission shall follow the same procedures, insofar as
appropriate, in leasing, or entering into agreements for the use of,
the Del Mar Race Track as the Department of General Services follows
in leasing or entering into agreements for other state real property.
The commission shall, prior to awarding a lease of, or entering into
an agreement for the use of, the Del Mar Race Track, consider all
the factors concerning appropriate capital improvement of that
racetrack, the financing of the racetrack, additional racing
opportunities, and any use of new or additional properties or
facilities, including, but not limited to, a grandstand, which
factors shall be considered in the award of the lease or entering
into the agreement. The commission shall also consult with any
affected local governing bodies, prior to awarding the lease or
entering into the agreement.

4359. If the commission makes a determination pursuant to this
chapter as to the action it proposes to take in awarding the Del Mar
Race Track lease or entering into the agreement, it shall report to
the Legislature, setting forth the procedures followed by the
commission in reaching its determination and the reasons the proposed
award or agreement is in the best interests of the state. The
commission shall also make recommendations regarding any additional
legislation which it deems necessary. However, no legislative action
is required to make effective and operative any lease awarded, or
agreement entered into, by the commission. The commission shall also
make a similar report to the Legislature upon the master plan when
that plan is completed.

4360. After the award of a lease or entering into an agreement for
the use of the Del Mar Race Track, the commission shall meet from
time to time to review the operation of the lease or agreement, and
the master plan, and any other related matters. It shall also make
such recommendations as it deems proper to the Legislature, other
state agencies, including, but not limited to, the 22nd District
Agricultural Association, and to the lessee or user of the property.

4361. The commission is a "department" for the purposes of hearings
pursuant to Article 2 (commencing with Section 11180) of Chapter 2
of Part 1 of Division 3 of the Government Code.

4362. The commission may enter into a joint powers agreement with
the 22nd District Agricultural Association pursuant to Chapter 5
(commencing with Section 6500) of Division 7 of Title 1 of the
Government Code. For the purposes of Section 6502 of the Government
Code, the common powers to be exercised by the entity created
pursuant to the joint powers agreement shall be the powers of a
district agricultural association. The commission may contract with
the joint exercise of powers entity pursuant to law and may pledge
any and all revenues, moneys, accounts, accounts receivable, contract
rights, and other rights to payment of whatever kind, pursuant to
the terms and conditions approved by the commission. The revenues,
moneys, accounts, accounts receivable, contract rights, and other
rights to payment of whatever kind pledged by the commission or its
assignees constitute a lien and security interest which immediately
attaches to the property so pledged and is effective, binding, and
enforceable against the commission, its successors, purchasers of the
property so pledged, creditors, and all others asserting rights
therein, to the extent set forth, and in accordance with, the terms
and conditions of the pledge, irrespective of whether those persons
have notice of the pledge and without the need for any physical
delivery, recordation, filing, or further act.

4363. The State of California pledges to, and agrees with, the
holders of any bonds, other indebtedness, or obligations for the
financing of the improvements described in the master plan pursuant
to Section 4156, and which are issued or executed and delivered by
the commission, the 22nd District Agricultural Association, or a
joint exercise of powers entity created by them, that the state will
not alter or change the structure of funding of, and deposits to, the
commission or the 22nd District Agricultural Association set forth
in Article 9.2 (commencing with Section 19605) of Chapter 4 of
Division 8 of the Business and Professions Code, or the pledge of
funds for debt service, security, including any coverage factors, and
expenses entered into pursuant to this Part 3 until the bonds, other
indebtedness, or obligations are fully paid or discharged or have
been fully provided for in accordance with their terms. However,
nothing precludes any alteration or change if and when adequate
provision has been made by law for the protection from impairment of
the contract represented by the bonds, other indebtedness, or
obligations, and the right to alter or change is hereby reserved. The
commission, the 22nd District Agricultural Association, and a joint
exercise of powers entity created by them, are each authorized to
include this pledge and undertaking of the state in their bonds,
agreements evidencing other indebtedness, and other indebtedness or
obligations for the financing of the improvements described in the
master plan pursuant to Section 4156.