BILL NUMBER: AB 74	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 16, 2011
	AMENDED IN ASSEMBLY  MAY 11, 2011
	AMENDED IN ASSEMBLY  MAY 2, 2011
	AMENDED IN ASSEMBLY  APRIL 25, 2011
	AMENDED IN ASSEMBLY  MARCH 24, 2011

INTRODUCED BY   Assembly Member Ma

                        DECEMBER 21, 2010

   An act to add Section 11000.10 to the Government Code, relating to
public events.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 74, as amended, Ma. Public events: event action plan.
   Existing law generally authorizes state agencies, including
district agricultural associations, to allow private individuals or
corporations to hold events on state property.
   This bill would require that any state agency that seeks to hold
an event with an expected attendance level over a specified amount on
property that is either owned or operated by a state agency to,
prior to the event, conduct a threat assessment that addresses
specified topics. This bill would also require that if the state
agency determines, based on the facts presented to it in the
assessment, that there is a strong probability that loss of life or
harm to the participants could occur, then the state agency must
require the promoter to prepare an event action plan that includes
specified information. This bill would also require the state agency
to approve the event action plan before the promoter may hold the
event.  This bill would authorize the state agency to charge the
promoter a fee that does not exceed the reasonable costs to the state
agency to prepare the threat assessment, or to review the event
action plan.  This bill would exempt a certain type of event
from these requirements.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known and may be cited as either the
Concert and Music Festival Safety Act or Sasha's Law.
  SEC. 2.  Section 11000.10 is added to the Government Code, to read:

   11000.10.  (a) (1) Any state agency, including, but not limited
to, a district agricultural association, or a joint powers agency
that includes a district agricultural association, that seeks to hold
an event with an expected attendance level over 10,000 participants
on property that is either owned or operated by a state agency shall,
at a normally scheduled meeting, and at least 30 days prior to the
event date, assess the threat of loss of life or harm to participants
that the event poses. The assessment shall consider, among others,
all of the following topics:
   (A) Prior events held by the promoter.
   (B) Prior events held at the facility.
   (C) Similar types of events in general.
   (D) The potential need for law enforcement.
   (E) The potential need for onsite medical care.
   (F) The potential for drug use and distribution.
   (2) If the state agency determines that, based on the facts
presented to it in the assessment, there is a strong probability that
loss of life or harm to the participants could occur, then the state
agency shall require the promoter to prepare an event action plan.
The promoter shall not hold the event until the state agency approves
the event action plan. The event action plan shall address all of
the following:
   (A) Health and safety concerns, including, but not limited to,
whether the promoter should provide free water, whether the promoter
should prohibit any person under 18 years of age from attending the
event, whether the promoter should provide onsite medical care,
adequacy of ventilation, attendance capacity, and exit signs.
   (B) Law enforcement concerns, including, but not limited to, a
reasonable ratio of peace officers or security guards to event
attendees, and mechanisms for the control of drug use and drug
trafficking.
   (C) The potential need for supplying educational pamphlets, or
other relevant emergency materials, including, but not limited to,
first aid, to help alleviate any risk posed by the event.
   (D) Notwithstanding subparagraphs (A) to (C), inclusive, if the
event is a performance that by its nature places the performers at
risk, including, but not limited to, rodeos and monster truck
rallies, then the event action plan is not required to address that
risk. 
   (3) The state agency may charge the promoter a fee that does not
exceed the reasonable costs to the state agency to prepare the threat
assessment pursuant to paragraph (1), or to review the event action
plan pursuant to paragraph (2). 
   (b) This section shall not apply to events regulated pursuant to
Chapter 3 (commencing with Section 27200) of Division 6 of Title 4 of
Part 6 of the Penal Code.
   (c) For purposes of this section, "promoter" means the individual,
association, corporation, partnership, or other organization that
arranges, holds, organizes, or otherwise conducts the event. In no
circumstance shall the state or a state agency be considered a
promoter.