BILL ANALYSIS
AB 2270
Page 1
Date of Hearing: March 24, 2010
ASSEMBLY COMMITTEE ON AGRICULTURE
Cathleen Galgiani, Chair
AB 2270 (Committee on Agriculture) - As Introduced: February
18, 2010
SUBJECT : Horses: show, competition, and sale events: fees:
registration.
SUMMARY : Requires event managers (managers) of a horse event
(event) to complete an assessment report for the registered
event to the California Department of Food and Agriculture
(CDFA); requires managers to keep registered event records for
two years, making those records available to CDFA upon request;
provides that an event held over multiple consecutive days with
the same manager and at the same site will be considered one
event for the purposes of fee assessment; and, adds additional
civil penalties for managers for violations. Specifically, this
bill :
1)Requires managers to complete an assessment report for the
registered event.
2)Requires managers to keep event records for two years after
the completion of the event; upon the request of CDFA, event
records shall be made available for inspection and
photocopying for the purpose of verifying appropriate fee
collection and remittance.
3)Provides that a registered event held on multiple consecutive
days, with a different judge on each day, with the same
manager and at the same site, will be considered one event for
the purposes of assessments.
4)Makes a technical change.
5)Allows the Secretary (Secretary) of CDFA, after notice and an
opportunity for a hearing, to suspend a manager from hosting
or managing public horse shows or competitions for at least 90
days and up to one year. A manager under suspension who hosts
a public horse show or competitions is subject to civil
penalties of not less than $100 and not more than $2,500 for
each violation, consistence with existing law.
AB 2270
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EXISTING LAW provides for the enforcement of the regulation of
horse events, such as shows, competitions, and sales, and the
drugging of horses (programs). These programs are funded by an
assessment fee from every horse event. The manager of the event
is required to charge and collect a fee that the Secretary
determines to be necessary to carry out these provisions.
Managers are required to register with CDFA 30 days prior to an
event. Managers are required to remit the fee, along with a
completed assessment summary, to CDFA. Civil penalties of not
less the $100 and not more than $2,500 may be applied for
violations. (Food and Agriculture code (FAC) 24000 et seq.)
Defines "Event" to mean any public horse show, competition
(including cutting horse competitions, endurance riding
competitions, competitive trail competitions, gymkhanas, and any
other competition as determined by the Secretary, by
regulation), or sale, in which money, goods, or services are
exchanged for the right to compete for a single set of placings
leading to points or awards at the show or competition, or to
permit a horse to be consigned for sale. (FAC 24001 (a))
Defines "Event Manager" as the person in charge of an event,
including the entity or individual financially responsible for
the event that is responsible for registering the event with
CDFA, and who is responsible for the assessment, collection, and
remittance of fees. (FAC 24001 (b))
FISCAL EFFECT : This bill is keyed fiscal by Legislative
Counsel.
COMMENTS : According to the California Horse Council (CHC),
managers have expressed confusion on the appropriate collection
of assessment fees from multi-day events. Managers may
currently deem each day of the event as a separate event.
Remittance of an assessment fee for each day of a multi-day
event can be burdensome on both managers and participants. CHC
believes this bill will clarify and simplify the issue of
multi-day event assessment.
CHC believes no method exists currently for verification of
assessment fee collection and accurate remittance for registered
equine events. CHC thinks the requirement to maintain event
records will enable a verification procedure and allow CDFA to
ensure appropriate fees are collected.
According to CHC, failure of managers to register equine events
AB 2270
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is a persistent problem, resulting in lost revenue for program
enforcement, even with existing penalties. CHC maintains the
additional penalty, suspension of a manager for up to a year,
will diminish this problem.
RELATED LEGISLATION: AB 1810 (Galgiani), Chapter 87, Statutes
of 2008, revised the requirement for the Equine Medication
Monitoring Program Advisory Committee (committee) to meet twice
per year and instead required the committee to meet once per
year; provided that the chairperson may call for additional
meetings as he or she determines may be necessary; clarified
that the committee may elect a chairperson at the pleasure of
the committee; and, specified a "horse event manager" to mean an
individual or entity that is financially responsible for the
event.
REGISTERED SUPPORT / OPPOSITION :
Support
The California Horse Council (Sponsor)
Opposition
None on file.
Analysis Prepared by : Victor Francovich / AGRI. / (916)
319-2084