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.
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.
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 entities, from within the industry
categories that are to be assessed, based upon recommendations from
established industry associations and destination marketing
organizations within Los Angeles County.
(b) The county selection committee shall consist of 24
representatives, with no fewer than three from each industry
category. The county selection committee shall appoint a chair and
any other officers it deems advisable.
(c) The county selection committee shall convene within 150 days
after the effective date of this chapter. Not later than 150 days
following the initial convening of the committee, the committee shall
issue a report and recommendations listing the following:
(1) Industry segments that will be included in the initial
referendum.
(2) Percentage of funds to be levied against each industry
category and segment. To the extent possible, the percentages shall
be based upon quantifiable industry data. Funds to be levied against
businesses shall bear an appropriate relationship to the benefit
derived from travel and tourism by those businesses.
(3) Assessment methodology and rate of assessment within each
industry segment, that may include, but not be limited to, a
percentage of gross revenue or a per transaction charge.
(4) Businesses, if any, within a segment to be assessed at a
reduced rate, which may be set at zero, whether temporarily or
permanently, because they do not sufficiently benefit from travel and
tourism.
(5) Initial slate of proposed elected commissioners. The number of
commissioners elected from each industry category shall be
determined by the weighted percentage of assessments from that
category.
(d) Nothing in this section shall preclude the selection committee
from setting the assessment rate for a business within a segment at
a lower rate, which may be set at zero, than a rate applicable to
other businesses within that segment if the selection committee makes
specific findings that the lower rate should apply due to unique
geographical, financial, or other circumstances affecting the
business. No business for which a zero assessment rate is set
pursuant to this subdivision shall be sent a ballot or entitled to
participate in the initial referendum, or in any subsequent
referendum in which its rate of assessment is set at zero.
(e) The committee members for each industry category, also
referred to as a subcommittee, shall prepare a recommendation for the
entire committee on how the items specified in subdivision (c)
should be determined for the industry segments within their industry
category. The recommendations shall not include a discussion of
industry category levies, which shall be determined solely by the
committee. In the event that the subcommittee cannot agree on one or
more of the items specified in subdivision (c), no recommendation
shall be given in that category. The recommendations shall be
presented to the full committee, which shall address each of the
items contained in subdivision (c).
(f) In order to be assessed, an industry segment shall be defined
with sufficient clarity to allow for the cost-effective
identification of assessed businesses within that segment.
(g) It shall be the responsibility of the county selection
committee to advertise widely the selection committee process and to
schedule public meetings for potential assessed businesses to provide
input to the selection committee.
(h) The selection committee process and report shall be exempt
from the requirements of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1).
(i) The Los Angeles Convention and Visitors Bureau shall be asked
to supply staff support to the county selection committee. The Office
of Tourism within the Business, Transportation and Housing Agency
shall not be required to supply staff support to the county selection
committee.
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 conducted in accordance with
subdivision (d) and Section 13995.104, and shall include certain ex
officio voting members provided for in subdivision (d).
(b) The county commission shall be a private, nonprofit
corporation under the direction of a board of county commissioners.
The activities and purposes of the county commission shall be to
promote tourism to and within the County of Los Angeles through
marketing and other promotional efforts.
(c) The board of county commissioners shall function as the board
of directors for purposes of the Nonprofit Corporation Law (Division
2 (commencing with Section 5000) of Title 1 of the Corporations
Code).
(d) The board of county commissioners shall consist of 24 members
to be elected by industry category by referendum, from among
individuals who are professionally active in the tourism industry,
representing diverse elements of the industry. In addition, the board
of county commissioners shall include the salaried chief executive
officer of each convention and visitors bureau within Los Angeles
County that operates either as a part of municipal government or
under contract with any municipality within the county. The elected
county commissioners need not be limited to representatives of
assessed businesses.
(e) In the referendum process, regardless of the number of ballots
received for a referendum, the nominee for each county commissioner
slot with the most weighted votes, based upon assessment levels, from
businesses within that industry category shall be elected county
commissioner. Assessed businesses shall vote only for county
commissioners representing their industry category.
(f) All elected county commissioners shall serve three-year terms,
except that one-third of the county commissioners originally elected
shall serve a one-year term, one-third shall serve a two-year term,
and the remainder shall serve a three-year term. Every year
thereafter, one-third of the county commissioners shall be elected by
industry referendum. No county commissioner may serve for more than
two consecutive terms.
(g) In the event that a county commissioner resigns, dies, or is
removed from office during his or her term, the county commission
shall appoint a replacement from the same industry category that the
previous county commissioner represented, and that county
commissioner shall fill the remaining term of the previous county
commissioner.
(h) The county selection committee shall determine the initial
slate of candidates for elected county commissioners. Thereafter, the
county commissioners, by adopted resolution, shall nominate a slate
of candidates, and shall include any additional candidates who may be
placed on the referendum by assessed businesses under a procedure to
be adopted by the county commission.
(i) The county commissioners shall annually, within 60 days before
commencement of the fiscal year of the county commission, elect from
among the county commissioners a chair, vice-chair, secretary, and
chief financial officer.
(j) No person shall receive compensation as a county commissioner,
but each county commissioner shall receive reimbursement from county
assessments for reasonable expenses incurred while on authorized
county commission business.
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).
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.
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.
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.
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).
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.
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 pursuant to this chapter has
obtained a passing vote in the County of Los Angeles.
(2) Two statewide referenda have been held pursuant to this
chapter.
(3) July 1, 1998.
(b) Referenda required under this article shall be conducted in a
similar manner as provided in Article 6 (commencing with Section
13995.60 as follows:
(1) The county commission shall undertake all duties, and act in
all respects, in place of the California Tourism Marketing
Commission, and either the county or the county treasurer/tax
collector, as designated in this article, shall act in place of the
Secretary of Business, Transportation and Housing.
(2) The initial assessment target for the county commission shall
be set by the county selection committee.
(3) The first referendum shall be initiated by industry members,
with all costs of marketing and promoting of the initial referendum
to be provided by the tourism industry.
(4) Each referendum may cover one or more of the following
subjects:
(A) Assessment level based upon specified assessment formula.
(B) Amended industry segment allocation formulae.
(C) Percentage allocation of assessments between industry
categories and segments.
(D) Election of county commissioners subject to election by
referendum.
(E) Termination of the county commission.
(F) Whether to establish, continue, or reestablish an assessment.
(5) The costs of all marketing and promoting of all referenda
following the initial referendum shall be paid by the county
commission from assessments collected. The county commission may
reimburse those who have contributed to the costs of the initial
referendum from proceeds raised from assessments collected from the
initial referendum.
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 industry category: industry
segments, assessment formulae for each industry segment, and any type
of business exempt from assessment. The committees shall be selected
by the county commission based upon recommendations from the tourism
industry. Committee members need not be commission members.
(b) The committee recommendations shall be presented to the county
commission. The county commission may adopt a resolution specifying
one or more of the items listed in subdivision (a), plus an
allocation of the proposed assessment. The county commission shall
consider the recommendations of any committee.
(c) The initial industry category and industry segment allocations
shall be as set in the Selection Committee Report required by
subdivision (b) of Section 13995.30. Changes to the industry segment
allocation formulae may be recommended to the county commission by a
segment committee. At the same meeting, the county commission may
amend the percentage allocations among industry categories. Any item
discussed in this section that is approved by resolution of the
county commission, except amendments to the percentage allocations
among industry categories, shall be placed on the next referendum,
and adopted if approved by the weighted majority of votes cast. All
industry segment members shall be subject to any duly approved
assessments.
(d) Upon approval by referendum, and recommendation to the county
by the county commission, the county treasurer/tax collector shall
calculate the assessments due for each assessed business and mail an
assessment bill to each assessed business. The county treasurer/tax
collector may stagger the assessment collection throughout the year,
and charge businesses a prorated amount of assessment based on the
staggered assessment period. The county treasurer/tax collector shall
not divulge the amount of assessment or weighted votes of any
assessed businesses, except as part of an assessment action.
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 assessed business within its industry
segment, or that the level of assessment is incorrect. If the error
is based upon failure of the business to provide the required
information in a timely manner, the county commission may recommend
to the county a fine to be collected by the county treasurer/tax
collector as a condition of correcting the assessment.
13995.113. (a) The county treasurer/tax collector shall collect the
assessment from all assessed businesses, and, in collecting an
assessment, may bring enforcement actions.
(b) Funds collected shall be deposited into an account or accounts
for the benefit of the county commission, subject to the county
treasurer/tax collector's authority under Section 13995.109 to
reimburse his or her office for direct and actual expenses associated
with the collection of assessments. These accounts shall not be
accounts of the state or county government.
(c) The county treasurer/tax collector shall mail to each business
identified pursuant to subdivision (a) of Section 13995.111 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 county
treasurer/tax collector to represent the upper assessment level for
that segment.
(d) The assessed funds shall be audited annually.
(e) The assessed funds shall be under the control of the county
commission, which shall spend the funds consistent with commission
policies and the Los Angeles County Tourism Marketing Plan. Neither
the state nor the county shall have any interest in the fund except
the general interest that the state has in nonprofit corporations.
(f) Direct and actual expenses incurred by the county in
implementing this article shall be reimbursed from the assessed
funds.
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 treasurer/tax collector. If any assessed
business fails to pay any assessment, the county treasurer/tax
collector may file a complaint in a state court of competent
jurisdiction for the collection of the assessment.
(b) If any assessed business that is duly assessed pursuant to
this article fails to pay the assessed amount by the due date, the
county treasurer/tax collector 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 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 county
treasurer/tax collector determines that the failure to pay is due to
reasonable cause beyond the control of the assessed business.
(c) (1) The county treasurer/tax collector may require assessed
businesses to deposit 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.
(2) The amount of any deposit that is required shall be based upon
the estimated assessment for the assessed business.
(d) In lieu of requiring advance deposits, or in order generally
to provide funds for defraying administrative expenses or the
expenses of implementing the Los Angeles County Tourism Marketing
Plan until sufficient moneys are collected for this purpose from the
payment of the assessments that are established pursuant to this
article, the county commission may receive and disburse for those
express purposes, contributions that are made by assessed businesses.
However, if collections from the payment of established assessments
are sufficient, the county commission may authorize the repayment of
contributions, or authorize the application of the contributions to
the assessment obligations of persons who made the contributions.
(e) Upon termination of the county commission, any remaining funds
that are not required to defray commission expenses shall be
returned, upon a pro rata basis, to all persons from whom the
assessments were collected.
(f) Any check or warrant that is drawn against the funds of the
county 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 county commission and in furtherance of the Los
Angeles County Tourism Marketing Plan.
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, implementation, and
administration of the Los Angeles County Marketing Plan adopted by
the county commission. If the county commission believes that the
administration of the county marketing plan will be promoted thereby,
the commission may borrow money, with or without interest, to carry
out the provisions of the county marketing plan, and may hypothecate
anticipated assessment collections.
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 the county or the county
treasurer/tax collector, as designated in this article, shall act in
the place of the Secretary of Business, Transportation and Housing in
all respects.
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 its gross revenue from travel
and tourism occurring within the state. A travel agency or tour
operator that qualifies for this exemption may pay the assessment by
filing a written request with the commission indicating its desire to
be categorized as an assessed business.
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 this article applicable in
that county.
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.
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.
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 entities, from within the industry
categories that are to be assessed, based upon recommendations from
established industry associations and destination marketing
organizations within Los Angeles County.
(b) The county selection committee shall consist of 24
representatives, with no fewer than three from each industry
category. The county selection committee shall appoint a chair and
any other officers it deems advisable.
(c) The county selection committee shall convene within 150 days
after the effective date of this chapter. Not later than 150 days
following the initial convening of the committee, the committee shall
issue a report and recommendations listing the following:
(1) Industry segments that will be included in the initial
referendum.
(2) Percentage of funds to be levied against each industry
category and segment. To the extent possible, the percentages shall
be based upon quantifiable industry data. Funds to be levied against
businesses shall bear an appropriate relationship to the benefit
derived from travel and tourism by those businesses.
(3) Assessment methodology and rate of assessment within each
industry segment, that may include, but not be limited to, a
percentage of gross revenue or a per transaction charge.
(4) Businesses, if any, within a segment to be assessed at a
reduced rate, which may be set at zero, whether temporarily or
permanently, because they do not sufficiently benefit from travel and
tourism.
(5) Initial slate of proposed elected commissioners. The number of
commissioners elected from each industry category shall be
determined by the weighted percentage of assessments from that
category.
(d) Nothing in this section shall preclude the selection committee
from setting the assessment rate for a business within a segment at
a lower rate, which may be set at zero, than a rate applicable to
other businesses within that segment if the selection committee makes
specific findings that the lower rate should apply due to unique
geographical, financial, or other circumstances affecting the
business. No business for which a zero assessment rate is set
pursuant to this subdivision shall be sent a ballot or entitled to
participate in the initial referendum, or in any subsequent
referendum in which its rate of assessment is set at zero.
(e) The committee members for each industry category, also
referred to as a subcommittee, shall prepare a recommendation for the
entire committee on how the items specified in subdivision (c)
should be determined for the industry segments within their industry
category. The recommendations shall not include a discussion of
industry category levies, which shall be determined solely by the
committee. In the event that the subcommittee cannot agree on one or
more of the items specified in subdivision (c), no recommendation
shall be given in that category. The recommendations shall be
presented to the full committee, which shall address each of the
items contained in subdivision (c).
(f) In order to be assessed, an industry segment shall be defined
with sufficient clarity to allow for the cost-effective
identification of assessed businesses within that segment.
(g) It shall be the responsibility of the county selection
committee to advertise widely the selection committee process and to
schedule public meetings for potential assessed businesses to provide
input to the selection committee.
(h) The selection committee process and report shall be exempt
from the requirements of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1).
(i) The Los Angeles Convention and Visitors Bureau shall be asked
to supply staff support to the county selection committee. The Office
of Tourism within the Business, Transportation and Housing Agency
shall not be required to supply staff support to the county selection
committee.
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 conducted in accordance with
subdivision (d) and Section 13995.104, and shall include certain ex
officio voting members provided for in subdivision (d).
(b) The county commission shall be a private, nonprofit
corporation under the direction of a board of county commissioners.
The activities and purposes of the county commission shall be to
promote tourism to and within the County of Los Angeles through
marketing and other promotional efforts.
(c) The board of county commissioners shall function as the board
of directors for purposes of the Nonprofit Corporation Law (Division
2 (commencing with Section 5000) of Title 1 of the Corporations
Code).
(d) The board of county commissioners shall consist of 24 members
to be elected by industry category by referendum, from among
individuals who are professionally active in the tourism industry,
representing diverse elements of the industry. In addition, the board
of county commissioners shall include the salaried chief executive
officer of each convention and visitors bureau within Los Angeles
County that operates either as a part of municipal government or
under contract with any municipality within the county. The elected
county commissioners need not be limited to representatives of
assessed businesses.
(e) In the referendum process, regardless of the number of ballots
received for a referendum, the nominee for each county commissioner
slot with the most weighted votes, based upon assessment levels, from
businesses within that industry category shall be elected county
commissioner. Assessed businesses shall vote only for county
commissioners representing their industry category.
(f) All elected county commissioners shall serve three-year terms,
except that one-third of the county commissioners originally elected
shall serve a one-year term, one-third shall serve a two-year term,
and the remainder shall serve a three-year term. Every year
thereafter, one-third of the county commissioners shall be elected by
industry referendum. No county commissioner may serve for more than
two consecutive terms.
(g) In the event that a county commissioner resigns, dies, or is
removed from office during his or her term, the county commission
shall appoint a replacement from the same industry category that the
previous county commissioner represented, and that county
commissioner shall fill the remaining term of the previous county
commissioner.
(h) The county selection committee shall determine the initial
slate of candidates for elected county commissioners. Thereafter, the
county commissioners, by adopted resolution, shall nominate a slate
of candidates, and shall include any additional candidates who may be
placed on the referendum by assessed businesses under a procedure to
be adopted by the county commission.
(i) The county commissioners shall annually, within 60 days before
commencement of the fiscal year of the county commission, elect from
among the county commissioners a chair, vice-chair, secretary, and
chief financial officer.
(j) No person shall receive compensation as a county commissioner,
but each county commissioner shall receive reimbursement from county
assessments for reasonable expenses incurred while on authorized
county commission business.
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).
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.
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.
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.
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).
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.
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 pursuant to this chapter has
obtained a passing vote in the County of Los Angeles.
(2) Two statewide referenda have been held pursuant to this
chapter.
(3) July 1, 1998.
(b) Referenda required under this article shall be conducted in a
similar manner as provided in Article 6 (commencing with Section
13995.60 as follows:
(1) The county commission shall undertake all duties, and act in
all respects, in place of the California Tourism Marketing
Commission, and either the county or the county treasurer/tax
collector, as designated in this article, shall act in place of the
Secretary of Business, Transportation and Housing.
(2) The initial assessment target for the county commission shall
be set by the county selection committee.
(3) The first referendum shall be initiated by industry members,
with all costs of marketing and promoting of the initial referendum
to be provided by the tourism industry.
(4) Each referendum may cover one or more of the following
subjects:
(A) Assessment level based upon specified assessment formula.
(B) Amended industry segment allocation formulae.
(C) Percentage allocation of assessments between industry
categories and segments.
(D) Election of county commissioners subject to election by
referendum.
(E) Termination of the county commission.
(F) Whether to establish, continue, or reestablish an assessment.
(5) The costs of all marketing and promoting of all referenda
following the initial referendum shall be paid by the county
commission from assessments collected. The county commission may
reimburse those who have contributed to the costs of the initial
referendum from proceeds raised from assessments collected from the
initial referendum.
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 industry category: industry
segments, assessment formulae for each industry segment, and any type
of business exempt from assessment. The committees shall be selected
by the county commission based upon recommendations from the tourism
industry. Committee members need not be commission members.
(b) The committee recommendations shall be presented to the county
commission. The county commission may adopt a resolution specifying
one or more of the items listed in subdivision (a), plus an
allocation of the proposed assessment. The county commission shall
consider the recommendations of any committee.
(c) The initial industry category and industry segment allocations
shall be as set in the Selection Committee Report required by
subdivision (b) of Section 13995.30. Changes to the industry segment
allocation formulae may be recommended to the county commission by a
segment committee. At the same meeting, the county commission may
amend the percentage allocations among industry categories. Any item
discussed in this section that is approved by resolution of the
county commission, except amendments to the percentage allocations
among industry categories, shall be placed on the next referendum,
and adopted if approved by the weighted majority of votes cast. All
industry segment members shall be subject to any duly approved
assessments.
(d) Upon approval by referendum, and recommendation to the county
by the county commission, the county treasurer/tax collector shall
calculate the assessments due for each assessed business and mail an
assessment bill to each assessed business. The county treasurer/tax
collector may stagger the assessment collection throughout the year,
and charge businesses a prorated amount of assessment based on the
staggered assessment period. The county treasurer/tax collector shall
not divulge the amount of assessment or weighted votes of any
assessed businesses, except as part of an assessment action.
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 assessed business within its industry
segment, or that the level of assessment is incorrect. If the error
is based upon failure of the business to provide the required
information in a timely manner, the county commission may recommend
to the county a fine to be collected by the county treasurer/tax
collector as a condition of correcting the assessment.
13995.113. (a) The county treasurer/tax collector shall collect the
assessment from all assessed businesses, and, in collecting an
assessment, may bring enforcement actions.
(b) Funds collected shall be deposited into an account or accounts
for the benefit of the county commission, subject to the county
treasurer/tax collector's authority under Section 13995.109 to
reimburse his or her office for direct and actual expenses associated
with the collection of assessments. These accounts shall not be
accounts of the state or county government.
(c) The county treasurer/tax collector shall mail to each business
identified pursuant to subdivision (a) of Section 13995.111 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 county
treasurer/tax collector to represent the upper assessment level for
that segment.
(d) The assessed funds shall be audited annually.
(e) The assessed funds shall be under the control of the county
commission, which shall spend the funds consistent with commission
policies and the Los Angeles County Tourism Marketing Plan. Neither
the state nor the county shall have any interest in the fund except
the general interest that the state has in nonprofit corporations.
(f) Direct and actual expenses incurred by the county in
implementing this article shall be reimbursed from the assessed
funds.
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 treasurer/tax collector. If any assessed
business fails to pay any assessment, the county treasurer/tax
collector may file a complaint in a state court of competent
jurisdiction for the collection of the assessment.
(b) If any assessed business that is duly assessed pursuant to
this article fails to pay the assessed amount by the due date, the
county treasurer/tax collector 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 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 county
treasurer/tax collector determines that the failure to pay is due to
reasonable cause beyond the control of the assessed business.
(c) (1) The county treasurer/tax collector may require assessed
businesses to deposit 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.
(2) The amount of any deposit that is required shall be based upon
the estimated assessment for the assessed business.
(d) In lieu of requiring advance deposits, or in order generally
to provide funds for defraying administrative expenses or the
expenses of implementing the Los Angeles County Tourism Marketing
Plan until sufficient moneys are collected for this purpose from the
payment of the assessments that are established pursuant to this
article, the county commission may receive and disburse for those
express purposes, contributions that are made by assessed businesses.
However, if collections from the payment of established assessments
are sufficient, the county commission may authorize the repayment of
contributions, or authorize the application of the contributions to
the assessment obligations of persons who made the contributions.
(e) Upon termination of the county commission, any remaining funds
that are not required to defray commission expenses shall be
returned, upon a pro rata basis, to all persons from whom the
assessments were collected.
(f) Any check or warrant that is drawn against the funds of the
county 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 county commission and in furtherance of the Los
Angeles County Tourism Marketing Plan.
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, implementation, and
administration of the Los Angeles County Marketing Plan adopted by
the county commission. If the county commission believes that the
administration of the county marketing plan will be promoted thereby,
the commission may borrow money, with or without interest, to carry
out the provisions of the county marketing plan, and may hypothecate
anticipated assessment collections.
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 the county or the county
treasurer/tax collector, as designated in this article, shall act in
the place of the Secretary of Business, Transportation and Housing in
all respects.
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 its gross revenue from travel
and tourism occurring within the state. A travel agency or tour
operator that qualifies for this exemption may pay the assessment by
filing a written request with the commission indicating its desire to
be categorized as an assessed business.
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 this article applicable in
that county.
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.
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.
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 entities, from within the industry
categories that are to be assessed, based upon recommendations from
established industry associations and destination marketing
organizations within Los Angeles County.
(b) The county selection committee shall consist of 24
representatives, with no fewer than three from each industry
category. The county selection committee shall appoint a chair and
any other officers it deems advisable.
(c) The county selection committee shall convene within 150 days
after the effective date of this chapter. Not later than 150 days
following the initial convening of the committee, the committee shall
issue a report and recommendations listing the following:
(1) Industry segments that will be included in the initial
referendum.
(2) Percentage of funds to be levied against each industry
category and segment. To the extent possible, the percentages shall
be based upon quantifiable industry data. Funds to be levied against
businesses shall bear an appropriate relationship to the benefit
derived from travel and tourism by those businesses.
(3) Assessment methodology and rate of assessment within each
industry segment, that may include, but not be limited to, a
percentage of gross revenue or a per transaction charge.
(4) Businesses, if any, within a segment to be assessed at a
reduced rate, which may be set at zero, whether temporarily or
permanently, because they do not sufficiently benefit from travel and
tourism.
(5) Initial slate of proposed elected commissioners. The number of
commissioners elected from each industry category shall be
determined by the weighted percentage of assessments from that
category.
(d) Nothing in this section shall preclude the selection committee
from setting the assessment rate for a business within a segment at
a lower rate, which may be set at zero, than a rate applicable to
other businesses within that segment if the selection committee makes
specific findings that the lower rate should apply due to unique
geographical, financial, or other circumstances affecting the
business. No business for which a zero assessment rate is set
pursuant to this subdivision shall be sent a ballot or entitled to
participate in the initial referendum, or in any subsequent
referendum in which its rate of assessment is set at zero.
(e) The committee members for each industry category, also
referred to as a subcommittee, shall prepare a recommendation for the
entire committee on how the items specified in subdivision (c)
should be determined for the industry segments within their industry
category. The recommendations shall not include a discussion of
industry category levies, which shall be determined solely by the
committee. In the event that the subcommittee cannot agree on one or
more of the items specified in subdivision (c), no recommendation
shall be given in that category. The recommendations shall be
presented to the full committee, which shall address each of the
items contained in subdivision (c).
(f) In order to be assessed, an industry segment shall be defined
with sufficient clarity to allow for the cost-effective
identification of assessed businesses within that segment.
(g) It shall be the responsibility of the county selection
committee to advertise widely the selection committee process and to
schedule public meetings for potential assessed businesses to provide
input to the selection committee.
(h) The selection committee process and report shall be exempt
from the requirements of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1).
(i) The Los Angeles Convention and Visitors Bureau shall be asked
to supply staff support to the county selection committee. The Office
of Tourism within the Business, Transportation and Housing Agency
shall not be required to supply staff support to the county selection
committee.
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 conducted in accordance with
subdivision (d) and Section 13995.104, and shall include certain ex
officio voting members provided for in subdivision (d).
(b) The county commission shall be a private, nonprofit
corporation under the direction of a board of county commissioners.
The activities and purposes of the county commission shall be to
promote tourism to and within the County of Los Angeles through
marketing and other promotional efforts.
(c) The board of county commissioners shall function as the board
of directors for purposes of the Nonprofit Corporation Law (Division
2 (commencing with Section 5000) of Title 1 of the Corporations
Code).
(d) The board of county commissioners shall consist of 24 members
to be elected by industry category by referendum, from among
individuals who are professionally active in the tourism industry,
representing diverse elements of the industry. In addition, the board
of county commissioners shall include the salaried chief executive
officer of each convention and visitors bureau within Los Angeles
County that operates either as a part of municipal government or
under contract with any municipality within the county. The elected
county commissioners need not be limited to representatives of
assessed businesses.
(e) In the referendum process, regardless of the number of ballots
received for a referendum, the nominee for each county commissioner
slot with the most weighted votes, based upon assessment levels, from
businesses within that industry category shall be elected county
commissioner. Assessed businesses shall vote only for county
commissioners representing their industry category.
(f) All elected county commissioners shall serve three-year terms,
except that one-third of the county commissioners originally elected
shall serve a one-year term, one-third shall serve a two-year term,
and the remainder shall serve a three-year term. Every year
thereafter, one-third of the county commissioners shall be elected by
industry referendum. No county commissioner may serve for more than
two consecutive terms.
(g) In the event that a county commissioner resigns, dies, or is
removed from office during his or her term, the county commission
shall appoint a replacement from the same industry category that the
previous county commissioner represented, and that county
commissioner shall fill the remaining term of the previous county
commissioner.
(h) The county selection committee shall determine the initial
slate of candidates for elected county commissioners. Thereafter, the
county commissioners, by adopted resolution, shall nominate a slate
of candidates, and shall include any additional candidates who may be
placed on the referendum by assessed businesses under a procedure to
be adopted by the county commission.
(i) The county commissioners shall annually, within 60 days before
commencement of the fiscal year of the county commission, elect from
among the county commissioners a chair, vice-chair, secretary, and
chief financial officer.
(j) No person shall receive compensation as a county commissioner,
but each county commissioner shall receive reimbursement from county
assessments for reasonable expenses incurred while on authorized
county commission business.
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).
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.
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.
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.
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).
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.
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 pursuant to this chapter has
obtained a passing vote in the County of Los Angeles.
(2) Two statewide referenda have been held pursuant to this
chapter.
(3) July 1, 1998.
(b) Referenda required under this article shall be conducted in a
similar manner as provided in Article 6 (commencing with Section
13995.60 as follows:
(1) The county commission shall undertake all duties, and act in
all respects, in place of the California Tourism Marketing
Commission, and either the county or the county treasurer/tax
collector, as designated in this article, shall act in place of the
Secretary of Business, Transportation and Housing.
(2) The initial assessment target for the county commission shall
be set by the county selection committee.
(3) The first referendum shall be initiated by industry members,
with all costs of marketing and promoting of the initial referendum
to be provided by the tourism industry.
(4) Each referendum may cover one or more of the following
subjects:
(A) Assessment level based upon specified assessment formula.
(B) Amended industry segment allocation formulae.
(C) Percentage allocation of assessments between industry
categories and segments.
(D) Election of county commissioners subject to election by
referendum.
(E) Termination of the county commission.
(F) Whether to establish, continue, or reestablish an assessment.
(5) The costs of all marketing and promoting of all referenda
following the initial referendum shall be paid by the county
commission from assessments collected. The county commission may
reimburse those who have contributed to the costs of the initial
referendum from proceeds raised from assessments collected from the
initial referendum.
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 industry category: industry
segments, assessment formulae for each industry segment, and any type
of business exempt from assessment. The committees shall be selected
by the county commission based upon recommendations from the tourism
industry. Committee members need not be commission members.
(b) The committee recommendations shall be presented to the county
commission. The county commission may adopt a resolution specifying
one or more of the items listed in subdivision (a), plus an
allocation of the proposed assessment. The county commission shall
consider the recommendations of any committee.
(c) The initial industry category and industry segment allocations
shall be as set in the Selection Committee Report required by
subdivision (b) of Section 13995.30. Changes to the industry segment
allocation formulae may be recommended to the county commission by a
segment committee. At the same meeting, the county commission may
amend the percentage allocations among industry categories. Any item
discussed in this section that is approved by resolution of the
county commission, except amendments to the percentage allocations
among industry categories, shall be placed on the next referendum,
and adopted if approved by the weighted majority of votes cast. All
industry segment members shall be subject to any duly approved
assessments.
(d) Upon approval by referendum, and recommendation to the county
by the county commission, the county treasurer/tax collector shall
calculate the assessments due for each assessed business and mail an
assessment bill to each assessed business. The county treasurer/tax
collector may stagger the assessment collection throughout the year,
and charge businesses a prorated amount of assessment based on the
staggered assessment period. The county treasurer/tax collector shall
not divulge the amount of assessment or weighted votes of any
assessed businesses, except as part of an assessment action.
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 assessed business within its industry
segment, or that the level of assessment is incorrect. If the error
is based upon failure of the business to provide the required
information in a timely manner, the county commission may recommend
to the county a fine to be collected by the county treasurer/tax
collector as a condition of correcting the assessment.
13995.113. (a) The county treasurer/tax collector shall collect the
assessment from all assessed businesses, and, in collecting an
assessment, may bring enforcement actions.
(b) Funds collected shall be deposited into an account or accounts
for the benefit of the county commission, subject to the county
treasurer/tax collector's authority under Section 13995.109 to
reimburse his or her office for direct and actual expenses associated
with the collection of assessments. These accounts shall not be
accounts of the state or county government.
(c) The county treasurer/tax collector shall mail to each business
identified pursuant to subdivision (a) of Section 13995.111 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 county
treasurer/tax collector to represent the upper assessment level for
that segment.
(d) The assessed funds shall be audited annually.
(e) The assessed funds shall be under the control of the county
commission, which shall spend the funds consistent with commission
policies and the Los Angeles County Tourism Marketing Plan. Neither
the state nor the county shall have any interest in the fund except
the general interest that the state has in nonprofit corporations.
(f) Direct and actual expenses incurred by the county in
implementing this article shall be reimbursed from the assessed
funds.
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 treasurer/tax collector. If any assessed
business fails to pay any assessment, the county treasurer/tax
collector may file a complaint in a state court of competent
jurisdiction for the collection of the assessment.
(b) If any assessed business that is duly assessed pursuant to
this article fails to pay the assessed amount by the due date, the
county treasurer/tax collector 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 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 county
treasurer/tax collector determines that the failure to pay is due to
reasonable cause beyond the control of the assessed business.
(c) (1) The county treasurer/tax collector may require assessed
businesses to deposit 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.
(2) The amount of any deposit that is required shall be based upon
the estimated assessment for the assessed business.
(d) In lieu of requiring advance deposits, or in order generally
to provide funds for defraying administrative expenses or the
expenses of implementing the Los Angeles County Tourism Marketing
Plan until sufficient moneys are collected for this purpose from the
payment of the assessments that are established pursuant to this
article, the county commission may receive and disburse for those
express purposes, contributions that are made by assessed businesses.
However, if collections from the payment of established assessments
are sufficient, the county commission may authorize the repayment of
contributions, or authorize the application of the contributions to
the assessment obligations of persons who made the contributions.
(e) Upon termination of the county commission, any remaining funds
that are not required to defray commission expenses shall be
returned, upon a pro rata basis, to all persons from whom the
assessments were collected.
(f) Any check or warrant that is drawn against the funds of the
county 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 county commission and in furtherance of the Los
Angeles County Tourism Marketing Plan.
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, implementation, and
administration of the Los Angeles County Marketing Plan adopted by
the county commission. If the county commission believes that the
administration of the county marketing plan will be promoted thereby,
the commission may borrow money, with or without interest, to carry
out the provisions of the county marketing plan, and may hypothecate
anticipated assessment collections.
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 the county or the county
treasurer/tax collector, as designated in this article, shall act in
the place of the Secretary of Business, Transportation and Housing in
all respects.
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 its gross revenue from travel
and tourism occurring within the state. A travel agency or tour
operator that qualifies for this exemption may pay the assessment by
filing a written request with the commission indicating its desire to
be categorized as an assessed business.
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 this article applicable in
that county.
