BILL NUMBER: AB 2270	CHAPTERED
	BILL TEXT

	CHAPTER  137
	FILED WITH SECRETARY OF STATE  AUGUST 13, 2010
	APPROVED BY GOVERNOR  AUGUST 13, 2010
	PASSED THE SENATE  AUGUST 2, 2010
	PASSED THE ASSEMBLY  APRIL 22, 2010

INTRODUCED BY   Committee on Agriculture (Galgiani (Chair), Tom
Berryhill (Vice Chair), Conway, Ma, Mendoza, and Yamada)

                        FEBRUARY 18, 2010

   An act to amend Sections 24012 and 24015 of the Food and
Agricultural Code, relating to horses.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2270, Committee on Agriculture. Horses: show, competition, and
sale events: fees: registration.
   Existing law regulates horse events, such as shows, competitions,
and sales, and the drugging of horses. A violation of these
provisions is a crime.
   Existing law provides that in order to provide funds for
enforcement of the above-mentioned regulatory provisions, the event
manager of every horse event shall charge and collect a fee that the
Secretary of Food and Agriculture determines to be necessary to carry
out these provisions. Existing law requires the event manager to
remit the fee, along with a completed assessment summary, to the
Department of Food and Agriculture, as provided.
   This bill would instead require the submission of the completed
assessment report for the registered event to the department. The
bill would require the event manager to maintain event records for 2
years and to make the event records available to the department for
inspection and photocopying, as provided. By imposing additional
requirements on event managers, the violation of which is a crime,
this bill would impose a state-mandated local program by creating new
crimes.
   This bill would provide that a show event held over multiple
consecutive days, as provided, shall be considered one event for the
purpose of the assessment of the fee.
   Existing law requires every horse event to be registered with the
department, unless otherwise prescribed by the secretary by
regulation, and provides that an event manager who fails to register
an event required to be registered is subject to a civil penalty to
be levied by the secretary, as provided.
   This bill would authorize the secretary to also suspend, after
notice and an opportunity for a hearing, the event manager from
hosting or managing a public horse show or competition for a
specified period for each violation. The bill would provide that it
is unlawful for a suspended event manager to conduct a public horse
show or competition during the period of suspension, thereby imposing
a state-mandated local program by creating a new crime. The bill
would subject a suspended event manager who hosts or manages a public
horse show or competition during the period of suspension to the
above-referenced civil penalty for each public horse show or
competition held during the period of suspension.
   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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 24012 of the Food and Agricultural Code is
amended to read:
   24012.  (a) (1) To provide funds for enforcement of this chapter,
the event manager of every event shall charge and collect the
applicable fee for each horse entered or exhibited in the event, and
each horse consigned for public sale. The secretary may, by
regulation, set the applicable fee, in consultation with the advisory
committee appointed pursuant to Section 24013.5, at an amount
necessary to carry out this chapter. Event managers shall be notified
of the applicable fee at the time of registration of an event. The
event manager of the registered event shall remit the fee established
pursuant to this section, in addition to the completed assessment
report for the registered event, as prescribed by the secretary, to
the department within 15 days after completion of the event. The
event manager shall maintain event records for a period of two years
after the completion of the event. Upon request by the department,
the event records shall be made available to the department for
inspection and photocopying to enable verification of appropriate fee
collection and remittance.
   (2) Notwithstanding subdivision (a) of Section 24001, a show event
held over multiple consecutive days, with a different judge on each
day, that is registered and managed by the same event manager on the
same premises, shall be considered one event for the purpose of the
assessment of the fee.
   (b) Any event manager who does not pay to the department the full
amount that is due pursuant to this section shall pay a civil penalty
of 10 percent of the amount due plus interest at the rate of 11/2
percent per month of the unpaid balance computed from the date of the
event. The event manager is personally liable for fees and penalties
owed the department pursuant to this section.
   (c) Fees and penalties collected pursuant to this section shall be
deposited in the Department of Food and Agriculture Fund. All funds
received by the department from fees and penalties pursuant to this
section shall be used exclusively to carry out the intent and purpose
of this chapter, including, but not limited to, pharmacological
studies, drug testing, and drug research, inspection for drugs,
prosecution of alleged offenders, administrative costs, attorney's
and expert witness fees, and any other costs necessary to carry out
this chapter.
  SEC. 2.  Section 24015 of the Food and Agricultural Code is amended
to read:
   24015.  (a) Every event shall be registered with the department,
unless otherwise prescribed by the secretary by regulation. The event
manager of an event shall file a completed registration form with
the department, as prescribed by the secretary, at least 30 days
prior to the beginning of the event, which shall constitute the
registration of the event.
   (b) An event manager who fails to register an event required to be
registered pursuant to this chapter is subject to a civil penalty to
be levied by the secretary in an amount not less than one hundred
dollars ($100) or more than two thousand five hundred dollars
($2,500). In determining the amount of the penalty, the secretary
shall consider any previous violations, and whether the event manager
cooperated in good faith with the department.
   (c) In addition to the civil penalty specified in subdivision (b),
the secretary may, after notice and an opportunity for a hearing,
suspend the event manager from hosting or managing a public horse
show or competition for a period of not less than 90 days or more
than one year for each violation. It is unlawful for an event manager
suspended from hosting or managing a public horse show or
competition by the secretary to conduct a public horse show or
competition during the period of suspension. An event manager
suspended by the secretary from hosting or managing a public horse
show or competition, who hosts or manages a public horse show or
competition during the period of suspension, is subject to the civil
penalty prescribed by subdivision (b) for each public horse show or
competition held during the period of suspension.
  SEC. 3.  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.