SECTIONS 13995.50-13995.58 - California Statutes

GOVERNMENT CODE

SECTION 13995.50-13995.58

13995.50. (a) The marketing of California tourism is hereby
declared to be affected with the public interest. This chapter is
enacted in the exercise of the police powers of this state for the
purpose of protecting the health, peace, safety, and general welfare
of the people of this state.
(b) The police powers shall be used to collect assessments not
paid by the deadlines established by the secretary.

13995.51. (a) The following powers, and any other powers provided
in this act, with the exception of the exercising of police powers
and of that power enumerated in subdivision (b), shall be the
responsibility of the secretary and, when not exercised by the
secretary, may be exercised by the commission:
(1) Call referenda in accordance with the procedures set forth in
Article 6 (commencing with Section 13995.60) and certify the results.
(2) Collect and deposit assessments.
(3) Exercise police powers.
(4) Pursue actions and penalties connected with assessments.
(b) Except as otherwise specified in this chapter, the secretary
shall have veto power over the actions of the commission, following
consultation with the commission, only under the following
circumstances:
(1) Travel and expense costs.
(2) Situations where the secretary determines a conflict of
interest exists, as defined by the Fair Political Practices
Commission.
(3) The use of any state funds.
(4) Any contracts entered into between the commission and a
commissioner.

13995.52. (a) Except as otherwise specified in Section 13995.70,
the commission may be terminated by referendum of the assessed
businesses pursuant to Section 13995.60 or at any time by a
referendum called by 10 percent of the assessed businesses,
calculated by weighted percentages.
(b) Notice of the termination shall be mailed to all assessed
businesses.
(c) Upon termination, the commission shall continue its existence
as a nonprofit corporation for purposes of winding up its affairs and
dissolution.
(d) Upon termination of the commission established pursuant to
this chapter, the California Tourism Commission shall advise the
office, and conduct all other tasks authorized by the California
Tourism Policy Act.

13995.53. The secretary may require any and all assessed businesses
to maintain books and records that reflect their income or sales as
reflected in the assessment, and to furnish the secretary with any
information that may, from time-to-time, be requested by the
secretary, and to permit the inspection by the secretary of portions
of books and records that relate to the amount of assessment.

13995.54. Information pertaining to assessed businesses obtained by
the secretary pursuant to this chapter is confidential and shall not
be disclosed except to a person with the right to obtain the
information, any attorney hired by the secretary who is employed to
give legal advice upon it, or by court order. Information obtained by
the secretary in order to determine the assessment level for an
assessed business is exempt from the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title
1).

13995.55. For the purpose of carrying out Section 13995.51, the
secretary may hold hearings, take testimony, administer oaths,
subpoena witnesses, and issue subpoenas for the production of books,
records, or documents of any kind.

13995.56. A person shall not be excused from attending and
testifying, or from producing documentary evidence, before the
secretary in obedience to the subpoena of the secretary pursuant to
the authority granted in Section 13995.55 on the ground, or for the
reason, that the testimony or evidence, documentary or otherwise,
which is required of him or her may tend to incriminate the person or
subject that person to a penalty. A natural person shall not,
however, be prosecuted or subjected to any penalty on account of any
transaction, matter, or thing concerning which he or she may be
required to testify, or produce evidence, documentary or otherwise,
before the secretary in obedience to a subpoena. A natural person
testifying shall not, however, be exempt from prosecution and
punishment for perjury committed in so testifying.

13995.57. Any funds appropriated to the office may be used to
implement the tourism marketing plan specified in Section 13995.45.
In addition to any other authority for the office to spend funds,
state funds may be used for the following: research, conducting and
advertising referenda, administration of state funds, policing,
collection of assessments, and contracting for assistance in
obtaining information on businesses to be assessed.

13995.58. The office may contract with the commission in order for
the commission to undertake marketing activities utilizing state
funds. Section 10295 of the Public Contract Code, and Article 4
(commencing with Section 10335) and Article 5 (commencing with
Section 10355) of Chapter 2 of Part 2 of Division 2 of the Public
Contract Code, shall not apply to those agreements.