For purposes of Government Code Sections
89501
through
89506
, speechmaking is presumed to be the "predominant activity" of an individual's business, trade, or profession in the following circumstances:
(a)
For a business, trade, or profession in existence for one year or more:
(1)
During the 12-month period prior to and including the date of the speech, more than 50 percent of the hours spent on an individual's business, trade, or profession is devoted to the preparation and/or delivery of speeches; or
(2)
During the 12-month period prior to and including the date of the speech more than 50 percent of the gross income of the individual's business, trade, or profession is derived from the preparation and/or delivery of speeches.
(b)
For a business, trade or profession in existence less than one year:
(1)
During the 30-day period prior to and including the date of the speech, more than 50 percent of the hours spent on an individual's business, trade, or profession is devoted to the preparation and/or delivery of speeches; or
(2)
During the 30-day period prior to and including the date of the speech, more than 50 percent of the gross income of an individual's business, trade, or profession is derived from the preparation and/or delivery of speeches.
Source
1. New section filed 7-1-92; operative 7-31-92 (Register 92, No. 28).
2. Change without regulatory effect relocating section filed 11-17-94 pursuant to section
100
, title 1, California Code of Regulations (Register 94, No. 46).
3. Amendment of first paragraph, subsections (a)(1)-(2) and (b)(1)-(2), and NOTE filed 7-25-95; operative 7-25-95 pursuant to Government Code section
11343.4
(d)
(Register 95, No. 30).
History
1. New section filed 7-1-92; operative 7-31-92 (Register 92, No. 28).
2. Change without regulatory effect relocating section filed 11-17-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 46).
3. Amendment of first paragraph, subsections (a)(1)-(2) and (b)(1)-(2), and Note filed 7-25-95; operative 7-25-95 pursuant to Government Code section
11343.4
(d)
(Register 95, No. 30).