2007 California Government Code Article 6. Referendum

CA Codes (gov:13995.60-13995.64.5)

13995.60.  (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).
   (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, 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, from
which the assessed businesses will select one assessment level by
plurality weighted vote.
   (c) The commission shall deliver to the secretary the resolution
described in subdivision (b). The secretary 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 secretary 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 referendum includes more than one possible assessment
rate, the rate with the plurality of weighted votes shall be adopted.

   (f) Notwithstanding any other provision of this section, if the
commission delivers to the secretary a resolution pertaining to any
matter described in subdivision (b), the secretary 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.
   (g) Notwithstanding any other provision of this section, the
secretary 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.
   (h) This section shall become inoperative on the date the
Secretary of Business, Transportation and Housing provides notice to
the Legislature and the Secretary of State and posts notice on its
Internet Web site that the conditions described in Section 13995.92
have been satisfied, and if the secretary provides those notices,
this section is repealed as of January 1, 2008, unless a later
enacted statute, that is enacted before January 1, 2008, deletes or
extends that date.



13995.60.  (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 secretary the resolution
described in subdivision (b). The secretary 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 secretary 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 secretary a resolution pertaining to any
matter described in subdivision (b), the secretary 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
secretary 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.
   (i) This section shall become operative only if the Secretary of
Business, Transportation and Housing provides notice to the
Legislature and the Secretary of State and posts notice on its
Internet Web site that the conditions described in Section 13995.92
have been satisfied.



13995.61.  (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.




13995.62.  (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.




13995.63.  (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
secretary shall establish a referendum period not to exceed 60 days.
If the secretary determines that the referendum period so
established does not provide sufficient time for the balloting, the
secretary may extend the referendum period not more than 15
additional days.  At the close of the referendum period, the
secretary shall count and tabulate the ballots filed during the
referendum period.
   (b) The secretary 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 secretary 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 secretary 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 secretary 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.



13995.64.  (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
(0) in annual assessments has three times the weighted vote of a
business paying three hundred dollars (0).  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
secretary.



13995.64.5.  (a) 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.
   (b) This section shall become operative only if the Secretary of
Business, Transportation and Housing provides notice to the
Legislature and the Secretary of State and posts notice on its
Internet Web site that the conditions described in Section 13995.92
have been satisfied.