legislators needing killing: trace = no BoRights

Major Variola (ret) mv at cdc.gov
Thu Jun 20 09:40:08 PDT 2002


Listen to "electronic dance music", lose your right to freely assemble.


http://www.leginfo.ca.gov/pub/bill/asm/ab_1901-1950/ab_1941_bill_20020515_amended_asm.html

BILL NUMBER: AB 1941    AMENDED
        BILL TEXT

        AMENDED IN ASSEMBLY  MAY 15, 2002
        AMENDED IN ASSEMBLY  APRIL 4, 2002

INTRODUCED BY   Assembly Member Havice

                        FEBRUARY 14, 2002

   An act to add Section 53087.6 to the Government Code, relating to
law enforcement.


        LEGISLATIVE COUNSEL'S DIGEST


   AB 1941, as amended, Havice.  Rave parties:  permits.
   (1) Existing law requires notification of law enforcement of the
issuance of a permit for an upcoming event in limited instances such
as the holding of a certified farmers market.
   This bill would require a local permit granting authority to
notify the local law enforcement agency when it is considering
granting a permit for a rave party, as defined.  The bill would
require the local authority to require the promoter to present
evidence that the promoter is sufficiently knowledgeable about
illegal drugs and drug paraphernalia to recognize their presence at
the event.  The bill would require the promoter  to apply for any
required permit not less than 30 days prior to the event and  ,
prior to the issuance of the permit, to acknowledge in writing that
he or she or his or her agents will not permit, condone, or ignore
violations of state and local laws regarding the presence,
possession, sale, or use of drugs and drug paraphernalia at any event
covered by the permit.  The bill would create a state-mandated local
program by imposing new duties on local agencies.
  (2) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   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 53087.6 is added to the Government Code, to
read:
   53087.6.  (a) As used in this section, "rave party" means any
electronic music dance event of the type commonly referred to as rave
parties that may be attended by 500 or more persons.
   (b)  In any jurisdiction where a permit is required, the
promoter of a rave party shall apply to the local permit granting
authority for a permit not less than 30 days prior to the scheduled
event and, at the same time, shall notify the local law enforcement
agency having jurisdiction over the venue of the proposed event.  The
promoter shall include in the permit application a list of all
applications that the promoter has submitted for a permit to conduct
a rave party within the previous 12-month period.  The promoter shall
include an affirmative statement that the promoter understands that
the listing of previous applications is correct to the best of the
promoter's knowledge and that submission of false and misleading
information may be grounds for denial of a current and future
permits.
   (c)  Any local permit granting authority shall notify the
local law enforcement agency having jurisdiction over the proposed
location of the event when it is considering whether or not to grant
a permit for a rave party.  The permit granting authority shall also
require the promoter of the event to present evidence before the
issuance of the permit showing that the promoter is sufficiently
knowledgeable about illegal drugs and drug paraphernalia that they or
their agents can recognize the presence of drugs and drug
paraphernalia at the event.
   (c)
   (d)  Prior to the issuance of the permit, the promoter of the
rave party shall acknowledge in writing that he or she or his or her
agents will not permit, condone, or ignore violations of state and
local laws regarding the presence, possession, sale, or use of drugs
and drug paraphernalia at any event covered by the permit.
  SEC. 2.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.





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