BILL NUMBER: SB 585 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 8, 2009
AMENDED IN SENATE MAY 28, 2009
INTRODUCED BY Senator Leno
FEBRUARY 27, 2009
An act to add Section 4132 to the Food and Agricultural Code,
relating to Agricultural District 1-A.
LEGISLATIVE COUNSEL'S DIGEST
SB 585, as amended, Leno. Agricultural District 1-A: firearm sales
at the Cow Palace.
Existing law generally regulates the transfer of firearms and
divides the state into agricultural districts. District 1-A is the
County of San Mateo and the City and County of San Francisco. A
violation of statutes governing agricultural districts is a
misdemeanor.
This bill would prohibit events at which firearms and ammunition
are sold at the Cow Palace, as specified, located in District 1-A,
except as provided, and would thereby make a violation of that
prohibition a misdemeanor. The bill would authorize up to 5 of those
events per year until they are replaced for 3
years and would require the district to replace those events
with nonfirearm and nonammunition events, as provided.
By creating a new crime, this bill would impose a state-mandated
local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4132 is added to the Food and Agricultural
Code, to read:
4132. (a) Notwithstanding any other provision of law, and except
as provided in subdivision (b), no officer, employee, operator, or
any lessee of District 1-A as defined in Section 3853 may contract
for, authorize, or allow an event at which any firearm or ammunition
is sold on the property or in the buildings that 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.
(b) Notwithstanding subdivision (a) and commencing
January 1, 2010 , no more than five events as described in
subdivision (a) shall be authorized or allowed per year on Cow Palace
property for 2010, 2011, and 2012. Commencing January 1, 2013,
no event described in subdivision (a) shall be authorized or allowed
on Cow Palace property . The district shall phase out
those events by replacing them replace those events
with nonfirearm or nonammunition related events and
shall add no event that increases the number of these events at the
Cow Palace property from the number in the preceding year.
events.
(c) For purposes of this section:
(1) The definition of "firearm" means the term as included in
subdivisions (b), (c), and (d) of Section 12001 of the Penal Code.
(2) The term "ammunition" includes assembled ammunition for use in
a firearm and components of ammunition including smokeless and black
powder, and any projectile capable of being fired from a firearm
with deadly consequence.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.