reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 4 - Commission › Section 13995.48.

13995.48. If the commission believes that the administration of the marketing plan will be promoted thereby, the commission may borrow money, with or without interest, to carry out the provisions of the marketing plan, and may hypothecate anticipated assessment collections.
(Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 4 - Commission › Section 13995.49.

13995.49. The commission may by written contract accept a voluntary assessment from any person in a travel and tourism related business who is not an assessed business. The contract shall apply solely to the person in question and not to any other person in a travel and tourism related business that is not an assessed business. The contract shall provide that the voluntary assessment be proportionately equivalent to the assessment that would be levied if the person were an assessed business under this chapter, shall permit that business to vote on any referendum conducted under this chapter as if that person were an assessed business, and shall have a term concurrent with the effective period of any referendum on which the person votes. Individual voluntary assessments under this section shall be enforceable only under the terms of the respective contracts to which they pertain. This section shall not be construed to preclude donations to, or cooperative marketing activities of any kind with, the commission on the part of any person.
(Amended by Stats. 2006, Ch. 790, Sec. 6. Effective January 1, 2007.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 5 - Director › Section 13995.50.

13995.50. (a) The marketing of California tourism is hereby declared to be affected with the public interest. This chapter is enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state.
(b) The police powers shall be used to collect assessments not paid by the deadlines established by the director.
(Amended by Stats. 2013, Ch. 352, Sec. 262. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 5 - Director › Section 13995.51.

13995.51. (a) The following powers, and any other powers provided in this act, with the exception of the exercising of police powers and of that power enumerated in subdivision (b), shall be the responsibility of the director and, when not exercised by the director, may be exercised by the commission:
(1) Call referenda in accordance with the procedures set forth in Article 6 (commencing with Section 13995.60) and certify the results.
(2) Collect and deposit assessments.
(3) Exercise police powers.
(4) Pursue actions and penalties connected with assessments.
(b) Except as otherwise specified in this chapter, the director shall have veto power over the actions of the commission, following consultation with the commission, only under the following circumstances:
(1) Travel and expense costs.
(2) Situations where the director determines a conflict of interest exists, as defined by the Fair Political Practices Commission.
(3) The use of any state funds.
(4) Any contracts entered into between the commission and a commissioner.
(Amended by Stats. 2013, Ch. 352, Sec. 263. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 5 - Director › Section 13995.52.

13995.52. (a) Except as otherwise specified in Section 13995.70, the commission may be terminated by referendum of the assessed businesses pursuant to Section 13995.60 or at any time by a referendum called by 10 percent of the assessed businesses, calculated by weighted percentages.
(b) Notice of the termination shall be mailed to all assessed businesses.
(c) Upon termination, the commission shall continue its existence as a nonprofit corporation for purposes of winding up its affairs and dissolution.
(d) Upon termination of the commission established pursuant to this chapter, the California Tourism Commission shall advise the office, and conduct all other tasks authorized by the California Tourism Policy Act.
(Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 5 - Director › Section 13995.53.

13995.53. The director may require any and all assessed businesses to maintain books and records that reflect their income or sales as reflected in the assessment, and to furnish the director with any information that may, from time to time, be requested by the director, and to permit the inspection by the director of portions of books and records that relate to the amount of assessment.
(Amended by Stats. 2013, Ch. 352, Sec. 264. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 5 - Director › Section 13995.54.

13995.54. Information pertaining to assessed businesses obtained by the director pursuant to this chapter is confidential and shall not be disclosed except to a person with the right to obtain the information, any attorney hired by the director who is employed to give legal advice upon it, or by court order. Information obtained by the director in order to determine the assessment level for an assessed business is exempt from the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1).
(Amended by Stats. 2013, Ch. 352, Sec. 265. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 5 - Director › Section 13995.55.

13995.55. For the purpose of carrying out Section 13995.51, the director may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue subpoenas for the production of books, records, or documents of any kind.
(Amended by Stats. 2013, Ch. 352, Sec. 266. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 5 - Director › Section 13995.56.

13995.56. A person shall not be excused from attending and testifying, or from producing documentary evidence, before the director in obedience to the subpoena of the director pursuant to the authority granted in Section 13995.55 on the ground, or for the reason, that the testimony or evidence, documentary or otherwise, which is required of him or her may tend to incriminate the person or subject that person to a penalty. A natural person shall not, however, be prosecuted or subjected to any penalty on account of any transaction, matter, or thing concerning which he or she may be required to testify, or produce evidence, documentary or otherwise, before the director in obedience to a subpoena. A natural person testifying shall not, however, be exempt from prosecution and punishment for perjury committed in so testifying.
(Amended by Stats. 2013, Ch. 352, Sec. 267. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 5 - Director › Section 13995.57.

13995.57. Any funds appropriated to the office may be used to implement the tourism marketing plan specified in Section 13995.45. In addition to any other authority for the office to spend funds, state funds may be used for the following: research, conducting and advertising referenda, administration of state funds, policing, collection of assessments, and contracting for assistance in obtaining information on businesses to be assessed.
(Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 5 - Director › Section 13995.58.

13995.58. The office may contract with the commission in order for the commission to undertake marketing activities utilizing state funds. Section 10295 of the Public Contract Code, and Article 4 (commencing with Section 10335) and Article 5 (commencing with Section 10355) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code, shall not apply to those agreements.
(Amended by Stats. 2004, Ch. 183, Sec. 148. Effective January 1, 2005.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 6 - Referendum › Section 13995.61.

13995.61. (a) The costs of marketing and promoting the initial referendum shall be provided by private payments. The costs of the initial referendum shall be paid by the office. The office shall coordinate the referendum to ensure that it is unbiased and factually correct. In the event that the initial referendum fails in the first attempt at passage, subsequent attempts at passage of the initial referendum shall be permitted, except that the costs of conducting the subsequent attempts at passage, along with the costs of marketing and promoting those attempts at passage, shall be provided by private payments. Subsequent attempts at passage shall be conducted in the manner specified in this subdivision. In the event that the initial referendum passes, whether on the first attempt at passage or a subsequent attempt at passage, the private payers and the office shall be reimbursed for all of their respective initial referendum costs from assessments first received.
(b) The ongoing referendum costs shall be paid by the commission.
(Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 6 - Referendum › Section 13995.62.

13995.62. (a) Assessed businesses may place on a referendum pursuant to Section 13995.60 additional candidates for commissioner, a different assessment level, or both.
(b) A minimum of 20 percent of the assessed businesses (calculated by weighted percentages) must signify their agreement to add different assessment levels to the items included in the referendum.
(c) A minimum of 10 percent of the assessed businesses (calculated by weighted percentages) must signify their agreement to add candidates for commissioner to the items included in the referendum.
(Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 6 - Referendum › Section 13995.63.

13995.63. (a) Upon receipt of the resolution required by Section 13995.60, including any assessed business referendum request pursuant to subdivision (a) of Section 13995.52 or Section 13995.62, the director shall establish a referendum period not to exceed 60 days. If the director determines that the referendum period so established does not provide sufficient time for the balloting, the director may extend the referendum period not more than 15 additional days. At the close of the referendum period, the director shall count and tabulate the ballots filed during the referendum period.
(b) The director shall establish a deadline for adoption of the resolution described in subdivision (a). If the commission fails to meet this deadline, or if the adopted resolution fails to meet the requirements of this chapter, then assessed businesses may present a slate of candidates to the director not later than 60 days following the deadline established for the commission resolution. A minimum of 10 percent of weighted voters shall sign the document presenting the slate.
(c) In the event that the director does not receive a resolution required by Section 13995.60 from the commission by the deadline established pursuant to subdivision (b) or the resolution does not comply with the requirements of this chapter and the assessed businesses fail to present a slate pursuant to subdivision (b), then the director shall select a slate of commissioners and this slate, added to any assessed business referendum requests pursuant to subdivision (a) of Section 13995.52 or Section 13995.62, shall constitute the items included in the referendum.
(Amended by Stats. 2013, Ch. 352, Sec. 268. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 6 - Referendum › Section 13995.64.

13995.64. (a) Each assessed business is entitled to a weighted vote in each referendum. In calculating weighted votes, each assessed business receives a vote equal to the relative assessment paid by that business. An assessed business paying nine hundred dollars ($900) in annual assessments has three times the weighted vote of a business paying three hundred dollars ($300). Weighted votes are used to determine all issues on the referendum. The initial referendum, and any referendum item to terminate the commission, must be approved by a majority of the weighted votes cast at the referendum. The amount of assessment and selection of commissioners is determined by the most weighted votes, whether or not there is a majority.
(b) For purposes of voting in any referendum, each assessed business is part of one industry category and one industry segment, and for voting purposes only, a business with revenue in more than one industry category or industry segment shall only be included in the category and segment in which it earns the most gross revenue.
(c) Each assessed business is eligible to vote for each item on the referendum, except that an assessed business can only vote for commissioners representing its industry category, and industry segment formulae for its industry segment.
(d) A business is not eligible to vote unless it has paid all assessments and fines outstanding as of a date established by the director.
(Amended by Stats. 2013, Ch. 352, Sec. 269. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 6 - Referendum › Section 13995.64.5.

13995.64.5. Notwithstanding subdivision (a) of Section 13995.64, if an assessed business within the passenger car rental category pays an assessment greater than the maximum assessment, determined by the commission for other industry categories, the weighted percentage assigned to that assessed business shall be the same as though its assessment were equal to the highest maximum assessment.
(Amended by Stats. 2013, Ch. 353, Sec. 86. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 7 - Assessments › Section 13995.65.5.

13995.65.5. (a) Notwithstanding Section 13995.65 or any other provision of this chapter, for purposes of calculating the assessment for a business within the passenger car rental category, the assessment shall be collected only on each rental transaction that commences at either an airport or at a hotel or other overnight lodging with respect to which a city, city and county, or county is authorized to levy a tax as described in Section 7280 of the Revenue and Taxation Code. A transaction commencing at an airport or hotel or other overnight lodging subject to a transient occupancy tax as described in Section 7280 of the Revenue and Taxation Code, including those that commence at a location that might otherwise by regulation be exempt from assessment, shall be subject to the assessment. The assessment shall always be expressed as a fixed percentage of the amount of the rental transaction.
(b) This section shall apply to any person or entity described in subdivision (m) of Section 1939.01 of the Civil Code in the same manner as a business in the passenger car rental category for each sharing or rental transaction that begins at an airport.
(Amended by Stats. 2023, Ch. 547, Sec. 4. (AB 893) Effective January 1, 2024.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 7 - Assessments › Section 13995.66.

13995.66. The initial assessment level shall be the amount that the selection committee recommends in its report to the Governor pursuant to Section 13995.30, which may be less than twenty-five million dollars ($25,000,000). This assessment level is a target, and shall serve as the basis for setting application of the assessment formulae, but the actual amount of collected assessments may be more or less than the assessment level.
(Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 7 - Assessments › Section 13995.67.

13995.67. Assessments may be used in furtherance of the purposes set forth in Section 13995.41, or to fund the costs pursuant to Section 13995.57. Assessments may be used to fund these costs regardless of whether the work was performed by the office or commission.
(Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 7 - Assessments › Section 13995.68.

13995.68. (a) The director shall establish a list of businesses to be assessed and the amount of assessment owed by each. The director shall collect the assessment from all assessed businesses, and in collecting the assessment the director may exercise the police powers and bring enforcement actions.
(b) Funds collected by the director shall be deposited into the account of the commission. This account shall not be an account of the state government.
(c) Any costs relating to the collection of assessments incurred by the state shall be reimbursed by the commission.
(Amended by Stats. 2013, Ch. 352, Sec. 271. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 7 - Assessments › Section 13995.69.

13995.69. (a) The office shall develop a list of California businesses within each segment included within the report required by subdivision (b) of Section 13995.30, periodically updated. Other state agencies shall assist the office in obtaining the names and addresses of these businesses.
(b) The office shall mail to each business identified pursuant to subdivision (a) a form requesting information necessary to determine the assessment for that business. Any business failing to provide this information in a timely manner shall be assessed an amount determined by the director to represent the upper assessment level for that segment.
(c) The office, in consultation with the commission, shall establish by regulation the procedure for assessment collection.
(Amended by Stats. 2013, Ch. 352, Sec. 272. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 7 - Assessments › Section 13995.70.

13995.70. (a) Funding for the commission is a cooperative venture. Because of the benefits that accrue to the state and to its residents by virtue of having the travel and tourism industry participate cooperatively with the state for the purpose of effectively marketing travel and tourism to and within the state, it is the intent of the Legislature that the state shall be responsible for appropriating a minimum of seven million three hundred thousand dollars ($7,300,000) each fiscal year for travel and tourism, and the industry shall be responsible for targeting the level of assessments for each fiscal year at the amount determined to be appropriate by the commission and approved by referendum. However, that assessment level shall ultimately reach at least twenty-five million dollars ($25,000,000). The industry may terminate the commission by referendum at any time, including during the initial four years, if the state fails to appropriate seven million three hundred thousand dollars ($7,300,000) in any fiscal year, and the state may decide not to appropriate funding in the event that the commission fails in any fiscal year to target its annual assessment level at or above the level set for the initial referendum. Termination of the commission by the industry shall require an adopted resolution of the commission to either include this issue in a regularly scheduled referendum, or to call a special referendum to decide the issue.
(b) The assessed funds shall be audited annually.
(c) The assessed funds shall be under the control of the commission, which shall spend the funds consistent with commission policies and the tourism marketing plan. The state shall have no interest in the fund except the general state interest that the state has in nonprofit corporations.
(Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 7 - Assessments › Section 13995.71.

13995.71. Any assessment levied as provided in this chapter is a personal debt of every person so assessed and shall be due and payable to the director. If any assessed person fails to pay any assessment, the director may file a complaint against the person in a state court of competent jurisdiction for the collection of the assessment.
(Amended by Stats. 2013, Ch. 352, Sec. 273. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 7 - Assessments › Section 13995.72.

13995.72. If any assessed business that is duly assessed pursuant to this chapter fails to pay to the director the assessed amount by the due date, the director may add to the unpaid assessment an amount not to exceed 10 percent of the unpaid assessment to defray the cost of enforcing the collection of the unpaid assessment. In addition to payment for the cost of enforcing a collection, the assessed business shall pay to the director a penalty equivalent to the lesser of either the maximum amount authorized by Section 1 of Article XV of the California Constitution or 5 percent for each 30 days the assessment is unpaid, prorated over the days unpaid, commencing 30 days after the notice has been given to the assessed business of its failure to pay the assessment on the date required, unless the director determines, to his or her satisfaction, that the failure to pay is due to reasonable cause beyond the control of the assessed business.
(Amended by Stats. 2013, Ch. 352, Sec. 274. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 7 - Assessments › Section 13995.73.

13995.73. The director may require assessed businesses to deposit with him or her in advance the following amounts:
(a) An amount for necessary expenses.
(b) An amount that shall not exceed 25 percent of the assessment to cover costs that are incurred prior to the receipt of sufficient funds from the assessment.
(c) The amount of any deposit that is required by the director shall be based upon the estimated assessment for the assessed business.
(Amended by Stats. 2013, Ch. 352, Sec. 275. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 7 - Assessments › Section 13995.74.

13995.74. In lieu of requiring advance deposits pursuant to Section 13995.73, or in order generally to provide funds for defraying administrative expenses or the expenses of implementing the tourism marketing plan until the time that sufficient moneys are collected for this purpose from the payment of the assessments that are established pursuant to this chapter, the director may receive and disburse for the express purposes contributions that are made by assessed businesses. If, however, collections from the payment of established assessments are sufficient to so warrant, the director shall authorize the repayment of contributions, or authorize the application of the contributions to the assessment obligations of persons that made the contributions.
(Amended by Stats. 2013, Ch. 352, Sec. 276. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 7 - Assessments › Section 13995.75.

13995.75. Upon termination of the commission, any remaining funds that are not required by the director to defray commission expenses shall be returned by the director upon a pro rata basis, to all persons from whom the assessments were collected unless the director finds that the amounts to be returned are so small as to make impractical the computation and remitting of the pro rata refund to the appropriate persons. If the director makes a finding that returning the remaining funds would be impractical, he or she may use the moneys in the fund to defray the costs of the office.
(Amended by Stats. 2013, Ch. 352, Sec. 277. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 7 - Assessments › Section 13995.76.

13995.76. Any check or warrant that is drawn against the funds of the commission that remains unclaimed or uncashed for a period of six months from the date of issuance shall be canceled and the money retained for disbursement to the original payee or claimant upon satisfactory identification for a period of one year from the time the check or warrant is canceled. The money so retained, if not claimed within the period of one year, shall be used for administration of the commission, and in furtherance of the tourism marketing plan.
(Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 7 - Assessments › Section 13995.77.

13995.77. A business is exempt from the assessments provided for in this chapter if any of the following apply:
(a) The business is a travel agency or tour operator that derives less than 20 percent of its gross revenue annually from travel and tourism occurring within the state. A travel agency or tour operator that qualifies for this exemption may participate as an assessed business by paying an assessment calculated on the same basis applicable to other travel agencies or tour operators, respectively, and by filing a written request with the director indicating its desire to be categorized as an assessed business.
(b) The business is a small business. For purposes of this section, “small business” means a business location with less than one million dollars ($1,000,000) in total California gross annual revenue from all sources. This threshold amount may be lowered, but never to less than five hundred thousand dollars ($500,000), by means of a referendum conducted pursuant to Section 13995.60; however, the director may elect to forgo assessing a business for which the expense incurred in collecting the assessment is not commensurate with the assessment that would be collected.
(c) The assessments provided for in this chapter shall not apply to the revenue of regular route intrastate and interstate bus service: provided, however, that this subdivision shall not be deemed to exclude any revenue derived from bus service that is of a type that requires authority, whether in the form of a certificate of public convenience and necessity, or a permit, to operate as a charter-party carrier of passengers pursuant to Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code.
(d) Any business exempted pursuant to this section may enter into a contract for voluntary assessments pursuant to Section 13995.49.
(Amended by Stats. 2013, Ch. 352, Sec. 278. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 7 - Assessments › Section 13995.78.

13995.78. (a) An assessment pursuant to this chapter is a fee imposed by a government on the transaction for purposes of paragraph (29) of subdivision (a) of Section 1770 of the Civil Code.
(b) This section shall become operative on July 1, 2024.
(Added by Stats. 2023, Ch. 400, Sec. 7. (SB 478) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 8 - Actions and Penalties › Section 13995.80.

13995.80. Any action for any penalty or other remedy that is prescribed under any provision of this chapter shall be commenced within three years from the date of the alleged violation.
(Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 8 - Actions and Penalties › Section 13995.81.

13995.81. Any person who files false information concerning an assessment is civilly liable in an amount of not more than ten thousand dollars ($10,000), in addition to any amount owed as the assessment.
(Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 8 - Actions and Penalties › Section 13995.83.

13995.83. It is a violation of this chapter for any person to willfully render or furnish a false or fraudulent report, statement, or record that is required by the director pursuant to any provision of this chapter.
(Amended by Stats. 2013, Ch. 352, Sec. 280. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 8 - Actions and Penalties › Section 13995.84.

13995.84. Any suit brought by the director to enforce any provision of this chapter, or any regulation, or rule and regulation, that is issued by the director shall provide that the defendant pay to the director the costs that were incurred by the director and by the commission in the prosecution of the action in the event the director prevails in the action. Any money that is recovered shall reimburse the account or accounts used to pay the costs.
(Amended by Stats. 2013, Ch. 352, Sec. 281. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 9 - Miscellaneous › Section 13995.90.

13995.90. In any civil or criminal action or proceeding for violation of any of the following, proof that the act that is complained of was done in compliance with the provisions of this chapter is a complete defense to the action or proceeding:
(a) The Cartwright Act, Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code.
(b) The Unfair Practices Act, Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code.
(c) Any rule of statutory or common law against monopolies or combinations in restraint of trade.
(Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 9 - Miscellaneous › Section 13995.91.

13995.91.  If any section, sentence, clause, or part of this chapter or the application thereof to any person or circumstance is for any reason held to be invalid, that invalidity shall not affect the remaining provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. The Legislature hereby declares that it would have passed this chapter and each section, sentence, clause, and part of this chapter despite the fact that one or more sections, sentences, clauses, or parts of this chapter is declared invalid.
(Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 9 - Miscellaneous › Section 13995.92.

13995.92. The assessment for the passenger rental car industry rate shall be set by the commission, shall be no more than 3.5 percent, and shall be set at a level that will generate no more than 60 percent of all expenditures by the commission as set forth in Section 13995.45.
(Amended by Stats. 2014, Ch. 320, Sec. 2. (SB 1119) Effective January 1, 2015.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 9 - Miscellaneous › Section 13995.93.

13995.93. The approved marketing plan of the commission shall be no less than fifty million dollars ($50,000,000) per fiscal year.
(Added by Stats. 2014, Ch. 320, Sec. 3. (SB 1119) Effective January 1, 2015.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 10 - Los Angeles County Tourism Marketing › Section 13995.100.

13995.100. (a) The Legislature recognizes that, because of the size and significant economic impact of the tourism industry on the economy of the County of Los Angeles, it being the second largest economic activity within the county, and due to many independent factors that have adversely affected tourism in the county, it is necessary to empower the tourism industry within the County of Los Angeles to create a governance structure in order to foster marketing efforts directed at specifically attracting tourists to the county.
(b)Recognizing the importance of enabling the private-sector tourism industry within the County of Los Angeles to assess itself in order to fund tourism marketing efforts, this article shall authorize the formation of the Los Angeles County Tourism Selection Committee to be appointed by the Los Angeles County Board of Supervisors, and the Los Angeles County Tourism Marketing Commission, the members of which shall be elected by industry referendum and ex officio appointment, as set forth in this article.
(Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 10 - Los Angeles County Tourism Marketing › Section 13995.101.

13995.101. For the purposes of this article, the following definitions shall apply:
(a) “County commission” means the Los Angeles County Tourism Marketing Commission.
(b) “County commissioner” means a commissioner of the county commission.
(c) “County selection committee” means the Los Angeles County Tourism Selection Committee described in Section 13995.102.
(d) “Industry category” means the classifications within the tourism industry designated by the county selection committee, or if not so designated, then as follows:
(1) Accommodations.
(2) Restaurants and retail.
(3) Attractions and recreation.
(4) Transportation and travel services.
(e) “Referendum” means any vote by mail ballot of measures recommended by the county commission in accordance with the procedure set forth in Section 13995.110.
(Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 10 - Los Angeles County Tourism Marketing › Section 13995.104.

13995.104. (a) The county commission shall be a private, nonprofit corporation, and shall not be part of state or county government, nor be construed in any other manner as a public entity.
(b) No person employed by the county commission shall be a state or county employee.
(c) The procedures adopted by the county commission shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1).
(Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 10 - Los Angeles County Tourism Marketing › Section 13995.105.

13995.105. (a) Not later than six months following its formation, the county commission shall adopt procedures concerning the operation of the county commission in order to provide due process rights for assessed businesses.
(b) The county commission shall annually provide to all assessed businesses a report on the activities and budget of the county commission including, but not limited to, income and expenses, the fund balance, a Summary Los Angeles County Tourism Marketing Plan, and a report of progress in achieving the goals set forth in the plan.
(c) The county commission shall maintain a report on the percentage assessment allocation between industry categories and industry segments. The report shall also specify the reasons and methodology used for the allocations. This report shall be updated each time the assessment allocations are amended. The report shall be made available to any assessed business, but all confidential information provided shall remain confidential and not be released to any person or entity unless authorized by the county commission.
(d) (1) The county commission shall annually prepare, or cause to be prepared, a Los Angeles County Tourism Marketing Plan. The county commission may amend the plan at any county commission meeting. All expenditures by the county commission shall be consistent with the marketing plan.
(2) The plan shall promote travel to and within Los Angeles County, and shall include, but need not be limited to, the following:
(A) An evaluation of the previous year’s budget activities.
(B) Review of state, county, and local tourism trends, conditions, and opportunities.
(C) Target audiences for tourism marketing expenditures.
(D) Marketing strategies, objectives, and targets.
(E) Budget for the current year.
(3) In developing the plan, the county commission shall, to the maximum extent feasible, do both of the following:
(A) Seek advice and recommendations from all segments of the county’s travel and tourism industry and from all geographic regions of the county.
(B) Harmonize, as appropriate, the plan with the travel and tourism marketing activities and objectives of the various industry segments and geographic regions.
(e) The county commission may establish committees and may appoint noncommissioners to its committees.
(Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 10 - Los Angeles County Tourism Marketing › Section 13995.106.

13995.106. County commissioners and employees of the county commission shall not be individually liable in any way to any person for any good faith activity of the county commission, county commissioners, or employees.
(Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 10 - Los Angeles County Tourism Marketing › Section 13995.107.

13995.107. The county commission may be terminated at any time after the initial four years of operation by referendum of the assessed businesses. Notice of the termination shall be mailed to all assessed businesses. Upon termination, the county commission shall continue its existence as a nonprofit corporation for purposes of winding up its affairs and dissolution.
(Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 10 - Los Angeles County Tourism Marketing › Section 13995.108.

13995.108. (a) The county may require assessed businesses to maintain books and records that reflect their income or sales as reflected in the assessment, and to furnish the county treasurer/tax collector with any information that may, from time to time, be requested by the treasurer/tax collector, and to permit the inspection by the treasurer/tax collector of portions of books and records that relate to the amount of assessment.
(b) Information pertaining to assessed businesses obtained by the county treasurer/tax collector pursuant to this chapter shall be confidential and shall not be disclosed except to a person with authority to obtain the information, any attorney hired by the county treasurer/tax collector who is employed to give legal advice upon that information, or by court order.
(c) Information obtained by the county treasurer/tax collector in order to determine the assessment level for an assessed business shall be exempt from the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1).
(Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 4.7 - BUSINESS AND TOURISM › CHAPTER 1 - California Tourism Marketing Act › ARTICLE 10 - Los Angeles County Tourism Marketing › Section 13995.109.

13995.109. (a) The county commission shall recommend the assessments approved by the industry referendum to the board of supervisors. Upon approval by the board of supervisors, the Los Angeles County Treasurer/Tax Collector shall collect all assessments so approved. In that collection effort, the county treasurer/tax collector may utilize its police powers, and pursue actions and penalties set forth in Article 8 (commencing with Section 13995.80) in the collection of all county assessments.
(b) Direct and actual expenses associated with the collection of assessments by the county commission or the county treasurer/tax collector shall be reimbursed from the assessments collected.
(Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)