BILL ANALYSIS Ó
AB 74
Page 1
Date of Hearing: April 27, 2010
ASSEMBLY COMMITTEE ON AGRICULTURE
Cathleen Galgiani, Chair
AB 74 (Ma) - As Amended: April 25, 2011
SUBJECT : Public events: Event action plan.
SUMMARY : This bill would require a state agency (agency) to
conduct a threat assessment for events held on property owned or
operated by the state, as specified. Specifically, this bill :
1)Defines agency to include district agriculture associations
(DAAs) or the joint powers agency that includes DAAs.
2)Requires, for any event held on state owned or operated
property with more than 1,000 attendees, that the operators of
the property, at least 30 days prior to the event, assess the
potential harm to participants of the event.
3)Requires that the harm assessment include 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; and,
f) The potential for drug use and distribution.
4)Requires the promoter of the event to present an event action
plan (EVP) to the agency, if the agency determines there is a
potential for harm.
a) Requires a promoter not to hold the event until the EVP
has been approved by the agency; and,
b) Requires the EVP to address the following issues:
i) Health and safety concerns, including, but not
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limited to, the need for free water, age limitations,
ventilation, event capacity and exits signs;
ii) Law enforcement concerns, including, but not limited
to, the level of security and system for the control of
drug use and drug trafficking;
iii) The potential need for supplying
educational/emergency materials, including, but not
limited to, first aid, to help alleviate any risk posed
by the event; and,
iv) Excludes from the EVP risk associated with
performers in high risk events, including but not limited
to, rodeos and monster truck rallies.
5)Defines an event promoter as the individual, association,
corporation, partnership, or other organization that arranges,
holds, organizes, or otherwise conducts the event.
6)Requires that the state or agency not be considered a
promoter.
EXISTING LAW generally authorizes state agencies, including
DAAs, to allow private individuals or corporations to hold
events on state property via a contract or lease.
FISCAL EFFECT : This bill has been keyed fiscal by Legislative
Counsel.
COMMENTS : According the author, a growing number of
drug-related young adult and teen deaths, hospitalizations, and
arrests have occurred as the result of late or all-night dance
parties (also known as raves) in California, many held on
state-owned property. In the last year, there have been several
high profile deaths at raves in California, including the death
of a 15 year old in Los Angeles (LA). At two events where
deaths occurred, the Cow Palace in Daly City, and the LA
Coliseum, there were also 125 hospitalizations. While both the
Cow Place and the LA Coliseum had placed moratoriums on raves
and rave-like events, the LA Coliseum rescinded its moratorium
last fall.
The author points out successful models do exist in certain
counties. Raves, and similar large events with attendance up to
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45,000 people, have been held with few serious medical incidents
in San Bernardino and other county fairgrounds, including
Tulare, Monterey and Del Mar. Successful events often result
from strong coordination between promoters and local law
enforcement, fire, and emergency medical services. Many
board-run properties have guidelines, but the author states that
statewide standards are lacking.
Law enforcement supporters stated that this bill will empower
local governments to be a part of planning of high risk events
on public property. Furthermore, this bill will help event
planners understand and meet the needs of local agencies that
are responsible for high risk events.
The author states that California lacks statewide public safety
standards for high risk events held on state property, yet the
state remains liable and accountable when incidents occur. The
state has a responsibility to provide adequate safety guidelines
for events held on state property that pose a high-risk for
arrests, deaths, and overdoses. This bill helps the state
address the issues facing high risk events held on state
property, while not banning or discriminating against any event.
The committee may wish to consider if this bill is overly broad
in it application of high risk events. As written, this bill
will apply to any event over 1,000 people that a public venue
deems to be high risk, as specified. As this bill is primarily
a response to a high rate of incidents at raves on public
property, should the bill be narrowed to encompass only raves or
rave like events?
PAST LEGISLATION : AB 1941 (Havice) of 2001 would have
established requirements for issuing a local permit for a "rave
party," defined as an electronic music dance event that may be
attended by 500 or more persons. This bill failed passage in
the Senate Public Safety Committee.
AB 1714 (Soto) of 1999 would have required a business or person
that conducts concerts at a facility that meets certain criteria
to, among other things, have onsite an emergency medical
technician during the entire concert performance, while any
attendees are present, and have a first aid center that can
accommodate up to 10 people at a time for purposes of providing
first aid. This bill's hearing was canceled by the author.
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REGISTERED SUPPORT / OPPOSITION :
Support
San Mateo County Chiefs' & Sheriff's Association
California Peace Officers Association
Opposition
None on file.
Analysis Prepared by : Victor Francovich / AGRI. / (916)
319-2084