BILL ANALYSIS �
AB 74
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 74 (Ma)
As Amended September 2, 2011
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |75-0 |(May 26, 2011) |SENATE: |22-15|(September 8, |
| | | | | |2011) |
-----------------------------------------------------------------
Original Committee Reference: AGRI.
SUMMARY: This bill requires that state agencies, including
district agricultural associations (DAAs) and joint powers
agencies that include a DAA, must conduct a threat assessment
for all events where the expected attendance is over 10,000
people.
The Senate amendments :
1)Authorize the state agency to charge the event's 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.
2)Exempt events held on fairs that have adopted California
Department of Food and Agriculture's (CDFA) "Contracts Policy
and Recommendations Best Practices for Contracting by
California Fairgrounds." (Best Practices)
3)Exempt annual fairs, as specified.
4)Prohibit CDFA from entering into a cooperative agreement with
a county of the first class for agricultural inspector
services unless the agreement requires that a minimum of 66%
of agricultural inspector aides (AI aides) are afforded
protection as permanent employees under the county's civil
service or other personnel system.
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.
AS PASSED BY THE ASSEMBLY , this bill was similar to the version
passed by the Senate.
AB 74
Page 2
FISCAL EFFECT : According to the Assembly Committee on
Appropriations, costs associated with this bill would be minor
and absorbable within existing resources.
COMMENTS : According to 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 Palace and the LA Coliseum had placed moratoriums on raves
and rave-like events, the LA Coliseum rescinded its moratorium
last fall.
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.
According to CDFA, Best Practices is a set of recommendations
and guidelines that work toward minimizing risk and unnecessary
exposure to fairs and their respective communities. The goal is
to ensure appropriate due diligence when entering into event
contracts. Best Practices may be adopted by fair boards that
wish to follow CDFA's guidelines.
The provision in this bill relating to cooperative agreements
for agricultural inspector services was law until it was
repealed in the 2011-12 state budget. The intent of the
original law was to ensure that AI aides, hired through a CDFA
cooperative agreement, are afforded the opportunity for
permanent employee status. The senate amendments reinstates
this practice.
Analysis Prepared by : Victor Francovich / AGRI. / (916)
319-2084
AB 74
Page 3
FN: 0002754