§ 5354.1. Referendum Subject Matter.

(a) A Referendum shall contain the following subject matter:

(1) The slate of Commissioner candidates identified by Industry Category,

(2) The proposed assessment level, based on specified assessment formulae,

(3) Yes/No vote for continuation of the Commission and the Tourism Assessment Program.

(b) A Referendum may contain additional subject matter as specified in Government Code Section 15372.102(a) and (b).

(c) The content of the Referendum is determined as follows:

(1) By the Commission in the form of a resolution outlining the subject matter for the Referendum to the Secretary and/or

(2) By Assessed Businesses in the form of a Referendum Request to the Secretary.

(d) An Assessed Business Referendum Request shall be presented to the Secretary by the date announced pursuant to section 5356(a)(2).

(e) An Assessed Business Referendum Request shall include all of the following:

(1) The subject matter requested to be placed on the Referendum:

(A) Additional Commissioner candidates pursuant to Government Code Section 15372.102(c), and/or

(B) Different assessment levels pursuant to Government Code Section 15372.102(b).

(2) A list of each Assessed Business supporting the Referendum Request, and a copy of each Assessed Business's agreement to add candidates for Commissioner or to change the assessment levels. The agreement shall include:

(A) A statement supporting the Referendum Request to add candidates and/or assessment levels to the Referendum, specifying the candidate's names and/or assessment levels,

(B) The Assessed Business name, address, assessment program identification number, Industry Category, and the number of Weighted Votes attributed to the Assessed Business, and

(C) The printed name and title of the Authorized Representative for the Assessed Business.

(f) Upon receipt of the Referendum Request the Secretary shall verify the documentation provided in the Referendum Request to determine whether or not the required Weighted Votes have been presented in support of placing the subject matter of the Referendum Request on the Referendum.

HISTORY

1. New section filed 8-7-2001; operative 9-6-2001 (Register 2001, No. 32).

Note

Note: Authority cited: Section 11152, Government Code. Reference: Sections 15372.87, 15372.100, 15372.102, 15372.103, 15372.104 and 15372.111, Government Code.