BILL NUMBER: AB 74	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 8, 2011
	PASSED THE ASSEMBLY  SEPTEMBER 8, 2011
	AMENDED IN SENATE  SEPTEMBER 2, 2011
	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 486 to the Food and Agricultural Code, and
to add Section 11000.10 to the Government Code, relating to public
events.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 74, Ma. Public event action plans and cooperative agreements
for agricultural inspector services.
   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 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 certain events from these requirements,
including an annual fair within the network of California fairs if
the primary purpose of the event is to exhibit or promote the state's
agriculture, livestock, or industrial or natural resources through
exhibits, vendors, or other educational programming.
   Prior law, which was repealed on July 26, 2011, prohibited the
Secretary of Food and Agriculture, for the 2006-07 fiscal year, from
entering into a cooperative agreement with the County of Los Angeles
for agricultural inspector services if the agreement required that
the county provide year-round services unless not less than 66% of
the agricultural inspectors not afforded protections as permanent
employees employed by the county providing year-round services under
the cooperative agreement were afforded protections as permanent
employees under the county's civil service or other personnel system.

   This bill would enact a similar provision and make it operative
indefinitely.


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 486 is added to the Food and Agricultural Code, to
read:
   486.  Notwithstanding Section 482, the secretary may not enter
into a cooperative agreement with a county of the first class, as
defined in Section 28020 of the Government Code, for agricultural
inspector services if the cooperative agreement requires that the
county provide year-round services, unless not less than 66 percent
of the agricultural inspector aides not afforded protections as
permanent employees employed under the cooperative agreement are
afforded protections as permanent employees under the county's civil
service or other personnel system.
  SEC. 3.  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 the following types of events:

   (1) An event held at a fair that has adopted the Department of
Food and Agriculture's "Contract Policy and Recommended Best
Practices for Contracting by California Fairgrounds."
   (2) An event regulated pursuant to Chapter 3 (commencing with
Section 27200) of Division 6 of Title 4 of Part 6 of the Penal Code.
   (3) An event that is an annual fair within the network of
California fairs, as described in Division 3 (commencing with Section
3001) of the Food and Agricultural Code, if the primary purpose of
the event is to exhibit or promote the state's agriculture,
livestock, or industrial or natural resources through exhibits,
vendors, or other educational programming.
   (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.