Amended in Assembly August 19, 2014

Amended in Senate April 2, 2014

Senate BillNo. 1119


Introduced by Senator Leno

February 19, 2014


An act to amendbegin delete Sectionend deletebegin insert Sections 13995.40 andend insert 13995.92 ofbegin insert, and to add Section 13995.93 to,end insert the Government Code, relating to tourism.

LEGISLATIVE COUNSEL’S DIGEST

SB 1119, as amended, Leno. California Travel and Tourism Commission.

The California Tourism Marketing Act authorizes the establishment of the California Travel and Tourism Commission, a nonprofit mutual benefit corporation, for the purpose of promoting tourism in California, as specified.begin insert The act requires all meetings of the commission to be held in California.end insert The act provides for an assessment for the passenger rental car industry to be adopted by referendum on a proposed rate set by the commission that will generate funding that, when aggregated with other funding for the commission, is sufficient to fund approved marketing plan costs of no less than $50,000,000 per fiscal year.

Thisbegin insert bill would instead require a California location to be available for all commission meetings. Thisend insert bill would require that the proposed assessment be setbegin insert by the commissionend insert at a ratebegin insert of no more than 3.5%end insert that will generate no more thanbegin delete 70% of the total funding, that when so aggregated, will be sufficient to fund the approved marketing plan and all administrative costs of no more than $70,000,000 per fiscal year.end deletebegin insert 60% of all expenditures set by the commission, as provided, and that the approved marketing plan of the commission be no less than $50,000,000 per fiscal year.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 13995.40 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert

3

13995.40.  

(a) Upon approval of the initial referendum, the
4office shall establish a nonprofit mutual benefit corporation named
5the California Travel and Tourism Commission. The commission
6shall be under the direction of a board of commissioners, which
7shall function as the board of directors for purposes of the
8Nonprofit Corporation Law.

9(b) The board of commissioners shall consist of 37
10commissioners comprising the following:

11(1) The director, who shall serve as chairperson.

12(2) (A) Twelve members, who are professionally active in the
13tourism industry, and whose primary business, trade, or profession
14is directly related to the tourism industry, shall be appointed by
15the Governor. Each appointed commissioner shall represent only
16one of the 12 tourism regions designated by the office, and the
17appointed commissioners shall be selected so as to represent, to
18the greatest extent possible, the diverse elements of the tourism
19industry. Appointed commissioners are not limited to individuals
20who are employed by or represent assessed businesses.

21(B) If an appointed commissioner ceases to be professionally
22active in the tourism industry or his or her primary business, trade,
23or profession ceases to be directly related to the tourism industry,
24he or she shall automatically cease to be an appointed
25commissioner 90 days following the date on which he or she ceases
26to meet both of the eligibility criteria specified in subparagraph
27(A), unless the commissioner becomes eligible again within that
2890-day period.

29(3) Twenty-four elected commissioners, including at least one
30representative of a travel agency or tour operator that is an assessed
31business.

32(c) The commission established pursuant to Section 15364.52
33shall be inoperative so long as the commission established pursuant
34to this section is in existence.

P3    1(d) Elected commissioners shall be elected by industry category
2in a referendum. Regardless of the number of ballots received for
3a referendum, the nominee for each commissioner slot with the
4most weighted votes from assessed businesses within that industry
5category shall be elected commissioner. In the event that an elected
6commissioner resigns, dies, or is removed from office during his
7or her term, the commission shall appoint a replacement from the
8same industry category that the commissioner in question
9represented, and that commissioner shall fill the remaining term
10of the commissioner in question. The number of commissioners
11elected from each industry category shall be determined by the
12weighted percentage of assessments from that category.

13(e) The director may remove any elected commissioner
14following a hearing at which the commissioner is found guilty of
15abuse of office or moral turpitude.

16(f) (1) The term of each elected commissioner shall commence
17July 1 of the year next following his or her election, and shall
18expire on June 30 of the fourth year following his or her election.
19If an elected commissioner ceases to be employed by or with an
20assessed business in the category and segment which he or she
21was representing, his or her term as an elected commissioner shall
22automatically terminate 90 days following the date on which he
23or she ceases to be so employed, unless, within that 90-day period,
24the commissioner again is employed by or with an assessed
25business in the same category and segment.

26(2) Terms of elected commissioners that would otherwise expire
27effective December 31 of the year during which legislation adding
28this subdivision is enacted shall automatically be extended until
29June 30 of the following year.

30(g) With the exception of the director, no commissioner shall
31serve for more than two consecutive terms. For purposes of this
32subdivision, the phrase “two consecutive terms” shall not include
33partial terms.

34(h) Except for the original commissioners, all commissioners
35shall serve four-year terms. One-half of the commissioners
36originally appointed or elected shall serve a two-year term, while
37the remainder shall serve a four-year term. Every two years
38thereafter, one-half of the commissioners shall be appointed or
39 elected by referendum.

P4    1(i) The selection committee shall determine the initial slate of
2candidates for elected commissioners. Thereafter the
3commissioners, by adopted resolution, shall nominate a slate of
4candidates, and shall include any additional candidates complying
5with the procedure described in Section 13995.62.

6(j) The commissioners shall elect a vice chairperson from the
7elected commissioners.

8(k) The commission may lease space from the office.

9(l) The commission and the office shall be the official state
10representatives of California tourism.

begin delete

11(m) All commission meetings shall be held in California.

end delete
begin insert

12(m) A California location shall be available for all commission
13meetings.

end insert

14(n) No person shall receive compensation for serving as a
15commissioner, but each commissioner shall receive reimbursement
16for reasonable expenses incurred while on authorized commission
17business.

18(o) Assessed businesses shall vote only for commissioners
19representing their industry category.

20(p) Commissioners shall comply with the requirements of the
21Political Reform Act of 1974 (Title 9 (commencing with Section
2281000)). The Legislature finds and declares that commissioners
23appointed or elected on the basis of membership in a particular
24tourism segment are appointed or elected to represent and serve
25the economic interests of those tourism segments and that the
26 economic interests of these members are the same as those of the
27public generally.

28(q) Commission meetings shall be subject to the requirements
29of the Bagley-Keene Open Meeting Act (Article 9 (commencing
30with Section 11120) of Chapter 1 of Part 1).

31(r) The executive director of the commission shall serve as
32secretary to the commission, a nonvoting position, and shall keep
33the minutes and records of all commission meetings.

34

begin deleteSECTION 1.end delete
35begin insertSEC. 2.end insert  

Section 13995.92 of the Government Code is amended
36to read:

37

13995.92.  

Thebegin delete proposedend delete assessment for the passenger rental
38car industry rate shallbegin insert be set by the commission, shall be no more
39than 3.5 percent, and shallend insert
be set at a levelbegin delete determined by the
40commissionend delete
that will generate no more thanbegin delete 70end deletebegin insert 60end insert percent of begin delete the
P5    1total funding that will be sufficient, when aggregated together with
2other funding for the commission to fund the approved marketing
3plan and all administrative costs of no more than seventy million
4dollars ($70,000,000) per fiscal year.end delete
begin insert all expenditures by the
5commission as set forth in Section 13995.45.end insert

6begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 13995.93 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
7to read:end insert

begin insert
8

begin insert13995.93.end insert  

The approved marketing plan of the commission
9shall be no less than fifty million dollars ($50,000,000) per fiscal
10year.

end insert


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