BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2592
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 2592 (Leno)
          As Introduced February 24, 2006
          Majority vote

           ARTS, ENTERTAINMENT, SPORTS         8-1                           

           
           ------------------------------------ 
          |Ayes:|Chavez, Cohn, Harmon, Jerome  |
          |     |Horton, Karnette, Koretz,     |
          |     |Matthews, Umberg              |
          |     |                              |
          |-----+------------------------------|
          |Nays:|Strickland                    |
          |     |                              |
           ------------------------------------ 
           SUMMARY  :  Modifies the conditions and terms of appointees and  
          elected members to the California Travel and Tourism Commission  
          (CTTC), and broadens industry segments which may voluntary  
          participate in the program.  Specifically,  this bill  :  

          1)Requires the primary business, trade, or profession of CTTC  
            members appointed by the Governor to be directly related to  
            the tourism industry.

          2)Terminates a CTTC commissioner appointed by the Governor 90  
            days after that appointee ceases to be professionally active  
            in the tourism industry, or his or her primary business ceases  
            to be directly related to the tourism industry, unless, during  
            that 90 days, the commissioner again becomes eligible to  
            serve, and allows those appointees to represent only one of  
            the 12 tourism regions of the state.

          3)Modifies the conditions of office for elected CTTC  
            commissioners as follows:

             a)   Automatically ends a term 90 days after a commissioner  
               ceases to be employed by or with an assessed business,  
               unless, during that 90 days, the commissioner again becomes  
               eligible to serve;

             b)   Specifies that terms will commence January 1 of the year  
               following a commissioner's election; and,








                                                                  AB 2592
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             c)   Excludes from their two-term limitation, service during  
               a partial term.

          4)Eliminates the restriction on contracts for voluntary  
            assessments from the gaming industry.

          5)Makes other technical and clarifying changes.

           EXISTING LAW  : 

          1)Creates the California Tourism Marketing Act of 1995 (Act) and  
            the California Division of Tourism in the Business,  
            Transportation and Housing Agency (BTHA) to promote travel and  
            tourism to and within California.

          2)Establishes CTTC, a separate, independent, nonprofit  
            corporation consisting of 37 members (the BTHA Secretary, 12  
            members appointed by the Governor, and 24 commissioners  
            elected by industry category in a referendum).

          3)Authorizes CTTC to levy assessments on specified businesses  
            which benefit from travel and tourism spending, according to  
            referendum of the assessed businesses for the purpose of  
            producing a variety of marketing activities, including:  a)  
            advertising; b) visitor publications; and, c) cooperative  
            programs.

           FISCAL EFFECT  :  None.  This bill is not keyed fiscal.

           COMMENTS  :   

          1)Purpose:  The author indicates that this bill "is necessary to  
            update and make clarifying changes to the Tourism Marketing  
            Act with respect to the CTTC.  Currently, the Act fails to  
            clearly state the parameters for serving as a commissioner.   
            This bill would establish or clarify such parameters.  For  
            example, although the Act states how long each commissioner  
            shall serve, it fails to state when this term shall commence  
            or what the term shall be in the event a commissioner serves a  
            partial term.  The Act also fails to provide for the situation  
            where a commissioner ceases to be professionally active in the  
            tourism industry.  The Act currently prohibits voluntary  
            assessments from persons in the gaming industry.  There is no  
            existing justification for this prohibition; thus, AB 2592  
            eliminates this provision."







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          2)CTTC:  The Legislature adopted the Act, which authorized  
            self-imposition of an assessment by businesses that benefit  
            from travel and tourism.  It also authorized the establishment  
            of a non-profit, public benefit corporation, CTTC, to oversee  
            the promotion of California as a premier travel destination.   
            In 2001, the Act was renewed by assessed businesses by an 84%  
            margin and will subsequently be renewable by industry vote  
            every six years.  The act intended that the state would match  
            industry assessments, but budget limitations have severely  
            reduced the state's participation.

          The primary focus of CTTC is to develop and implement a  
            marketing plan that promotes travel to and within California.   
            In support of this purpose, the plan is divided into four  
            program areas:  1) Research and Rural Tourism Marketing; 2)  
            Communications and Visitor Information (i.e., media relations,  
            Web site, welcome centers, and collateral and fulfillment); 3)  
            National Advertising and Cooperative Marketing Activities;  
            and, 4) International, Travel Trade Development and Marketing.

          3)Voluntary assessments on gaming:  Under current law, CTTC is  
            permitted to enter into voluntary contracts with entities  
            interested in promoting tourism, but are not in the category  
            of assessed businesses.  However, the Act prohibits contracts  
            with any gaming interest that conducts "faro, monte, roulette,  
            lansquenet, rouge et noire, rondo, tan, fan-tan,  
            seven-and-a-half, twenty-one, hokey-pokey, or any banking or  
            percentage game played with cards, dice, or any device."   
            According to the California Hotel & Lodging Association, "a  
            number of gaming businesses (primarily those operated by  
            Native American tribes) have expressed an interest in being  
            part of the overall effort to promote California as a tourism  
            destination.  Because they are sovereign nations, they cannot  
            be subject to assessment? [but would be] valuable participants  
            in the state's tourism marketing efforts."


           Analysis Prepared by  :    Kellie Smith / A.,E.,S.,T. & I.M. /  
          (916) 319-3450 


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