CHAPTER 1. California Tourism Marketing Act
Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5.
§§ 13995–13995.118 · 73 sections
ARTICLE 1. Legislative Intent §§ 13995–13995.1 · 2 sections
ARTICLE 2. Definitions § 13995.20 · 1 section
- § 13995.20 Unless the context otherwise requires, the definitions in this section govern the construction of this chapter. (a) “Appointed commissioner” means a…
ARTICLE 3. Tourism Selection Committee § 13995.30 · 1 section
- § 13995.30 (a) The Governor shall appoint a Tourism Selection Committee based upon recommendations from established industry associations. The committee shall consist of…
ARTICLE 4. Commission §§ 13995.40–13995.49 · 11 sections
- § 13995.40 (a) Upon approval of the initial referendum, the office shall establish a nonprofit mutual benefit corporation named the California Travel and Tourism…
- § 13995.40.5 Notwithstanding subdivision (d) of Section 13995.40, the number of commissioners elected from each industry category shall be determined by the weighted…
- § 13995.41 The purpose of the commission is to increase the number of persons traveling to and within California.
- § 13995.42 (a) The commission is a separate, independent California nonprofit mutual benefit corporation. Except as provided in Section 13995.43, the staff of the…
- § 13995.43 (a) The commission shall be administered by an executive director. That individual shall be a tourism industry marketing professional, recommended by a vote of…
- § 13995.44 (a) (1) The commission shall annually provide to all assessed businesses, the chairperson of the Joint Legislative Budget Committee, and the chairpersons of…
- § 13995.45 (a) The commission shall annually prepare, or cause to be prepared, a written marketing plan. In developing the plan, the commission shall utilize, as…
- § 13995.46 Commissioners and employees of the commission are not responsible individually in any way whatsoever to any person for liability for any good faith activity of…
- § 13995.47 (a) The commission shall establish one or more industry marketing advisory committees, which may include noncommissioners as members. The industry marketing…
- § 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,…
- § 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.…
ARTICLE 5. Director §§ 13995.50–13995.58 · 9 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 6. Referendum §§ 13995.60–13995.64.5 · 6 sections
- § 13995.60 (a) As used in this article and Article 7 (commencing with Section 13995.65), “assessment level” means the estimated gross dollar amount received by assessment…
- § 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…
- § 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.…
- § 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…
- § 13995.64 (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…
- § 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…
ARTICLE 7. Assessments §§ 13995.65–13995.78 · 15 sections
- § 13995.65 (a) Each industry category shall establish a committee to determine the following within its industry category: industry segments, assessment formula for each…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 8. Actions and Penalties §§ 13995.80–13995.84 · 5 sections
- § 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…
- § 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…
- § 13995.82 (a) When the director makes a determination that an assessment is deficient as to the payment due, the director may determine the amount of the deficiency,…
- § 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…
- § 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…
ARTICLE 9. Miscellaneous §§ 13995.90–13995.93 · 4 sections
- § 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…
- § 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…
- § 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…
- § 13995.93 The approved marketing plan of the commission shall be no less than fifty million dollars ($50,000,000) per fiscal year.
ARTICLE 10. Los Angeles County Tourism Marketing §§ 13995.100–13995.118 · 19 sections
- § 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,…
- § 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)…
- § 13995.102 (a) The Los Angeles County Board of Supervisors shall appoint the Los Angeles County Tourism Selection Committee to consist of persons, or principals of…
- § 13995.103 (a) Based upon the criteria established by the county selection committee, the county commission shall be established by industry referenda within the county…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 13995.110 (a) No referendum required under this article shall be undertaken until any of the following occurs, whichever is earliest: (1) A statewide referendum held…
- § 13995.111 Assessments shall be set by the county commission, as follows: (a) Each industry category shall establish a committee to determine the following within its…
- § 13995.112 An assessed business may appeal an assessment to the county commission upon the basis that the business does not meet the definition established for an…
- § 13995.113 (a) The county treasurer/tax collector shall collect the assessment from all assessed businesses, and, in collecting an assessment, may bring enforcement…
- § 13995.114 (a) Any assessment levied as provided in this article is a debt of the business so assessed and shall be due and payable at the direction of the county…
- § 13995.115 The county commission shall separately contract with the Los Angeles Convention and Visitors Bureau to serve as its administrative contractor in the promotion,…
- § 13995.116 This article is subject to Article 8 (commencing with Section 13995.80) and Article 9 (commencing with Section 13995.90) except that, as to Article 8, either…
- § 13995.117 A business is exempt from the assessments provided for in this chapter if the business is a travel agency or tour operator that derives less than 20 percent of…
- § 13995.118 This article shall become operative only upon adoption by the Los Angeles County Board of Supervisors of a resolution by majority vote making the provisions of…