Article 6. Referendum of California Government Code >> Division 3. >> Title 2. >> Part 4.7. >> Chapter 1. >> Article 6.
(a) As used in this article and Article 7 (commencing
with Section 13995.65), "assessment level" means the estimated gross
dollar amount received by assessment from all assessed businesses on
an annual basis, and "assessment formula" means the allocation method
used within each industry segment (for example, percentage of gross
revenue or percentage of transaction charges).
(b) Commencing on January 1, 2003, a referendum shall be called
every two years, and the commission, by adopted resolution, shall
determine the slate of individuals who will run for commissioner. The
resolution shall also cover, but not be limited to, the proposed
assessment level for each industry category, based upon specified
assessment formulae, together with necessary information to enable
each assessed business to determine what its individual assessment
would be. Commencing with the referendum held in 2007 and every six
years thereafter, the resolution shall also cover the termination or
continuation of the commission. The resolution may also include an
amended industry segment allocation formula and the percentage
allocation of assessments between industry categories and segments.
The commission may specify in the resolution that a special, lower
assessment rate that was set pursuant to subdivision (c) of Section
13995.30 for a particular business will no longer apply due to
changes in the unique circumstance that originally justified the
lower rate. The resolution may include up to three possible
assessment levels for each industry category, from which the assessed
businesses will select one assessment level for each industry
category by plurality weighted vote.
(c) The commission shall deliver to the director the resolution
described in subdivision (b). The director shall call a referendum
containing the information required by subdivision (b) plus any
additional matters complying with the procedures of subdivision (b)
of Section 13995.62.
(d) When the director calls a referendum, all assessed businesses
shall be sent a ballot for the referendum. Every ballot that the
secretary receives by the ballot deadline shall be counted, utilizing
the weighted formula adopted initially by the selection committee,
and subsequently amended by referendum.
(e) If the commission's assessment level is significantly
different from what was projected when the existing assessment
formula was last approved by referendum, a majority of members, by
weighted votes of an industry category, may petition for a referendum
to change the assessment formula applicable to that industry
category.
(f) If the referendum includes more than one possible assessment
rate for each industry category, the rate with the plurality of
weighted votes within a category shall be adopted.
(g) Notwithstanding any other provision of this section, if the
commission delivers to the director a resolution pertaining to any
matter described in subdivision (b), the director shall call a
referendum at a time or times other than as specified in this
section. Each referendum shall contain only those matters contained
in the resolution.
(h) Notwithstanding any other provision of this section, the
director shall identify, to the extent reasonably feasible, those
businesses that would become newly assessed due to a change in
category, segment, threshold, or exemption status sought via
referendum, and provide those businesses the opportunity to vote in
that referendum.
(a) The costs of marketing and promoting the initial
referendum shall be provided by private payments. The costs of the
initial referendum shall be paid by the office. The office shall
coordinate the referendum to ensure that it is unbiased and factually
correct. In the event that the initial referendum fails in the first
attempt at passage, subsequent attempts at passage of the initial
referendum shall be permitted, except that the costs of conducting
the subsequent attempts at passage, along with the costs of marketing
and promoting those attempts at passage, shall be provided by
private payments. Subsequent attempts at passage shall be conducted
in the manner specified in this subdivision. In the event that the
initial referendum passes, whether on the first attempt at passage or
a subsequent attempt at passage, the private payers and the office
shall be reimbursed for all of their respective initial referendum
costs from assessments first received.
(b) The ongoing referendum costs shall be paid by the commission.
(a) Assessed businesses may place on a referendum
pursuant to Section 13995.60 additional candidates for commissioner,
a different assessment level, or both.
(b) A minimum of 20 percent of the assessed businesses (calculated
by weighted percentages) must signify their agreement to add
different assessment levels to the items included in the referendum.
(c) A minimum of 10 percent of the assessed businesses (calculated
by weighted percentages) must signify their agreement to add
candidates for commissioner to the items included in the referendum.
(a) Upon receipt of the resolution required by Section
13995.60, including any assessed business referendum request pursuant
to subdivision (a) of Section 13995.52 or Section 13995.62, the
director shall establish a referendum period not to exceed 60 days.
If the director determines that the referendum period so established
does not provide sufficient time for the balloting, the director may
extend the referendum period not more than 15 additional days. At the
close of the referendum period, the director shall count and
tabulate the ballots filed during the referendum period.
(b) The director shall establish a deadline for adoption of the
resolution described in subdivision (a). If the commission fails to
meet this deadline, or if the adopted resolution fails to meet the
requirements of this chapter, then assessed businesses may present a
slate of candidates to the director not later than 60 days following
the deadline established for the commission resolution. A minimum of
10 percent of weighted voters shall sign the document presenting the
slate.
(c) In the event that the director does not receive a resolution
required by Section 13995.60 from the commission by the deadline
established pursuant to subdivision (b) or the resolution does not
comply with the requirements of this chapter and the assessed
businesses fail to present a slate pursuant to subdivision (b), then
the director shall select a slate of commissioners and this slate,
added to any assessed business referendum requests pursuant to
subdivision (a) of Section 13995.52 or Section 13995.62, shall
constitute the items included in the referendum.
(a) Each assessed business is entitled to a weighted vote
in each referendum. In calculating weighted votes, each assessed
business receives a vote equal to the relative assessment paid by
that business. An assessed business paying nine hundred dollars
($900) in annual assessments has three times the weighted vote of a
business paying three hundred dollars ($300). Weighted votes are used
to determine all issues on the referendum. The initial referendum,
and any referendum item to terminate the commission, must be approved
by a majority of the weighted votes cast at the referendum. The
amount of assessment and selection of commissioners is determined by
the most weighted votes, whether or not there is a majority.
(b) For purposes of voting in any referendum, each assessed
business is part of one industry category and one industry segment,
and for voting purposes only, a business with revenue in more than
one industry category or industry segment shall only be included in
the category and segment in which it earns the most gross revenue.
(c) Each assessed business is eligible to vote for each item on
the referendum, except that an assessed business can only vote for
commissioners representing its industry category, and industry
segment formulae for its industry segment.
(d) A business is not eligible to vote unless it has paid all
assessments and fines outstanding as of a date established by the
director.
Notwithstanding subdivision (a) of Section 13995.64,
if an assessed business within the passenger car rental category pays
an assessment greater than the maximum assessment, determined by the
commission for other industry categories, the weighted percentage
assigned to that assessed business shall be the same as though its
assessment were equal to the highest maximum assessment.