BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                        VETO


          Bill No:  SB 475
          Author:   Leno (D)
          Amended:  As introduced
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  5-2, 4/16/13
          AYES:  Hancock, Block, De León, Liu, Steinberg
          NOES:  Anderson, Knight

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           SENATE FLOOR  :  25-13, 5/2/13
          AYES:  Beall, Block, Calderon, Corbett, De León, DeSaulnier,  
            Evans, Galgiani, Hancock, Hernandez, Hill, Hueso, Jackson,  
            Lara, Leno, Lieu, Liu, Monning, Padilla, Pavley, Price, Roth,  
            Steinberg, Wolk, Yee
          NOES:  Anderson, Berryhill, Cannella, Correa, Emmerson, Fuller,  
            Gaines, Huff, Knight, Nielsen, Walters, Wright, Wyland
          NO VOTE RECORDED:  Vacancy, Vacancy

           ASSEMBLY FLOOR  :  44-29, 9/6/13 - See last page for vote


           SUBJECT  :    Agricultural District 1-A:  firearm sales at the Cow  
          Palace

           SOURCE  :     Author


           DIGEST  :    This bill provides that events at which a firearm or  
          ammunition is sold on the property or in the buildings that  
          comprise current or future Cow Palace property in San Mateo  
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          County and the City and County of San Francisco can occur only  
          with approval, by both the Board of Supervisors of the County of  
          San Mateo and the Board of Supervisors of the City and County of  
          San Francisco, as specified.

           ANALYSIS  :    

          Existing law:

           1. Defines "state designated fairs" as fairs, as specified,  
             that may receive financial support or are otherwise governed  
             pursuant to specified sections of law.  

           2. Provides that the state is divided into agricultural  
             districts, including "District 1-A is the County of San Mateo  
             and the City and County of San Francisco."  

           3. Provides that an association, with the approval of both the  
             Department of Food and Agriculture and the Department of  
             General Services, may do any of the following:

             A.    Contract.

             B.    Purchase, acquire, hold, sell, exchange, or convey any  
                interest in real or personal property and beautify or  
                improve that property, as specified.

             C.    Lease, let, or grant licenses for the use of its real  
                estate or personal property, or any portion of that  
                property, to any person or public body for whatever  
                purpose may be approved by the board of directors of the  
                association (board).

             D.    Use or manage its real estate or personal property, or  
                any portion of that property, for any or all of the  
                purposes of this section jointly with any lessee,  
                sublessee, or licensee, or otherwise use or manage the  
                property in connection with the lease, sublease, or  
                license which is made or granted.

             E.    Lease or let its real property for public park,  
                recreational, or playground purposes.

             F.    Rent or permit the use of its premises for any purpose  

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                which is beneficial to the agricultural industry,  
                including, but not limited to, the holding of sales or  
                auctions of cattle or other livestock.

             G.    Contract with any county or county fair association for  
                holding a fair jointly with the county or county fair  
                association.  The joint fair is a district fair of the  
                association.

             H.    Make permanent improvements upon publicly owned real  
                property adjacent to real property of the district when  
                the improvements materially benefit the property of the  
                district.

             I.    Pledge any and all revenues, moneys, accounts, accounts  
                receivable, contract rights, and other rights to payment  
                of whatever kind, pursuant to such terms and conditions as  
                are approved by the board, as specified.

           4. Requires that the sale, loan or transfer of a firearm  
             (handguns, rifles and shotguns) in California - including  
             private party transactions and including transactions at gun  
             shows - must be conducted through a state licensed firearms  
             dealer or through a local sheriff's department in counties of  
             less than 200,000 population.  A 10-day waiting period,  
             background check, and Handgun Safety Certificate for handgun  
             transfers are required prior to delivery of the firearm.   
             Firearms dealers are allowed to conduct business only in  
             their licensed premises, sell their gun inventory at gun  
             shows or events, or process private sales or transfers of any  
             firearms at gun shows or events.  Handgun purchases are  
             limited to no more than one per 30-day period.  Transferees  
             must be California residents and no person under age 21 may  
             buy a handgun and no person under 18 years of age may buy a  
             rifle or shotgun.  

           5. Provides that unless a different penalty is expressly  
             provided, a violation of any provision of this code is a  
             misdemeanor.  

          This bill provides that an officer, employee, operator, or  
          lessee of Agricultural District 1-A, as defined, may contract  
          for, authorize, or allow an event at which a firearm or  
          ammunition is sold on the property or in the buildings that  

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          comprise the Cow Palace property in San Mateo County and the  
          City and County of San Francisco or any successor or additional  
          property owned, leased, or otherwise occupied, or operated by  
          the district, only upon prior approval, by resolution, adopted  
          by both the Board of Supervisors of the County of San Mateo and  
          the Board of Supervisors of the City and County of San  
          Francisco.  A violation of these provisions will be a  
          misdemeanor.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  4/29/13)

          Bayshore Friendship Senior Citizens Club
          Bend the Arc:  Jewish Partnership for Justice
          Brothers Against Guns
          California Chapters of the Brady Campaign to Prevent Gun  
          Violence
          Christy Lynn Wilson Foundation
          City and County of San Francisco
          City of Daly City
          Coalition Against Gun Violence
          County of San Mateo
          Law Center to Prevent Gun Violence
          Moms Demand Action for Gun Sense in America
          San Francisco District Attorney
          San Francisco Police Department, Police Chief Gregory Suhr
          San Francisco Supervisor John Avalos
          San Francisco Supervisor Malia Cohen
          South County Citizens Against Gun Violence
          Visitacion Valley Asian Alliance

           OPPOSITION  :    (Verified  4/29/13)

          California Association of Federal Firearms Licensees
          California Rifle and Pistol Association
          California Right to Carry
          California Sportsman's Lobby
          Crossroads of the West
          National Rifle Association
          National Shooting Sports Foundation, Inc.
          Outdoor Sportsman Coalition of California
          Safari Club International

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           ARGUMENTS IN SUPPORT  :    The California Chapters of the Brady  
          Campaign to Prevent Gun Violence states:

             The Cow Palace is a State owned property located in both San  
             Francisco and San Mateo counties.  State owned fairgrounds  
             are generally operated by the State Department of Food and  
             Agriculture and are exempt from local ordinances.  Senate  
             Bill 475 requires that before events in which firearms or  
             ammunition are sold at the Cow Palace, prior approval must be  
             obtained from the San Mateo and San Francisco county boards  
             of supervisors.

             Local jurisdictions have the primary responsibility for  
             providing for the public safety of their communities.  Local  
             entities are often able to adopt ordinances more stringent  
             than those that apply to the State as a whole in order to  
             protect their citizens.  Despite advances in gun show  
             regulation, local communities plagued by gun violence may  
             find that gun shows still pose an unacceptable risk to public  
             safety.

             We understand that both San Mateo County and San Francisco  
             County adopted resolutions in 2003 asking the California  
             Legislature to terminate gun shows at the Cow Palace.  Ten  
             years later, the Legislature has failed to act and the  
             resolutions are not binding on State property.

             The Brady Campaign to Prevent Gun Violence, as a matter of  
             general principle, neither supports nor does it oppose  
             firearm bans.  The Brady Campaign, however, does strongly  
             support the right of local communities to adopt measures to  
             enhance local public safety.  Accordingly, the California  
             Brady Campaign Chapters support SB 475.

           ARGUMENTS IN OPPOSITION  :    Crossroads of the West states:

             We have been the operator of the gun shows at the Cow Palace  
             for 25 years.  During that time, no gun sold at the show has  
             ever been reported by law enforcement as a crime gun.  All  
             laws pertaining to gun shows have always been strictly  
             followed.

             We have also actively participated in the development of  

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             state laws governing gun shows, including the enactment of AB  
             295 (Corbett, Chapter 247, Statutes of 1999).  As a result of  
             the passage of these laws, California gun shows are very  
             thoroughly regulated and enforced.  The same laws that apply  
             to sales at a firearms dealers store also apply to sales at  
             gun shows, including sales between private parties.

             A study of gun shows conducted at the University of  
             California, Davis found that California's gun shows are well  
             run and lawfully conducted.  The study further indicated that  
             California's gun shows, and the state's laws governing them,  
             are the model for other states to emulate.

             SB 475 would abandon to local governments the Legislature's  
             and the State of California's power and responsibility  
             relative to gun shows held at the Cow Palace, Agricultural  
             District 1-A.  It would do so by allowing the County of San  
             Mateo and the County and City of San Francisco to effectively  
             prohibit the state from contracting for gun shows or other  
             events at which firearms or ammunition are sold by simply not  
             passing resolutions to approve it.

           GOVERNOR'S VETO MESSAGE:
           
            "I am returning Senate Bill 475 without my signature. 

            This bill requires the District Agricultural Association 1-A  
            (Cow Palace) to obtain approval from the County of San Mateo  
            and the City and County of San Francisco prior to entering  
            into a contract for a gun show on state property. 

            I encourage all District Agricultural Associations to work  
            with their local communities when determining their  
            operations and events.  This bill, however, totally  
            pre-empts the Board of Directors of the Cow Palace from  
            exercising its contracting authority whenever a gun show is  
            involved. I prefer to leave these decisions to the sound  
            discretion of the Board."

           ASSEMBLY FLOOR  :  44-29, 9/6/13
          AYES:  Ammiano, Atkins, Bloom, Bocanegra, Bonilla, Bonta,  
            Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,  
            Chesbro, Dickinson, Fong, Garcia, Gatto, Gomez, Gonzalez,  
            Gordon, Gray, Hall, Roger Hernández, Holden, Jones-Sawyer,  

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            Levine, Lowenthal, Mitchell, Mullin, Muratsuchi, Nazarian,  
            Pan, Perea, V. Manuel Pérez, Quirk, Rendon, Skinner, Stone,  
            Ting, Weber, Wieckowski, Williams, Yamada, John A. Pérez
          NOES:  Achadjian, Allen, Bigelow, Chávez, Conway, Cooley, Dahle,  
            Donnelly, Fox, Beth Gaines, Gorell, Grove, Hagman, Harkey,  
            Jones, Linder, Logue, Maienschein, Mansoor, Melendez, Morrell,  
            Nestande, Olsen, Patterson, Quirk-Silva, Salas, Wagner,  
            Waldron, Wilk
          NO VOTE RECORDED:  Alejo, Daly, Eggman, Frazier, Medina,  
            Vacancy, Vacancy


          JG:kd   1/6/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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