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AB-2330 State Board of Equalization: California Department of Tax and Fee Administration: Franchise Tax Board: Office of Tax Appeals: transfer of duties. (2019-2020)

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Date Published: 02/14/2020 09:00 PM
AB2330:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2330


Introduced by Assembly Member Nazarian

February 14, 2020


An act to amend Sections 15570.22, 15570.24, 15570.26, 15672, 15674, and 15700 of, to amend and repeal Section 15600 of, and to add Sections 15679.6, 15706, 15707, and 15708 to, the Government Code, relating to tax administration.


LEGISLATIVE COUNSEL'S DIGEST


AB 2330, as introduced, Nazarian. State Board of Equalization: California Department of Tax and Fee Administration: Franchise Tax Board: Office of Tax Appeals: transfer of duties.
The California Constitution establishes the State Board of Equalization (board) consisting of the Controller and 4 other members elected from districts, and provides for the election, recall, impeachment, filling of vacancies, and salaries and benefits of those board members elected from districts. The California Constitution vests the board with various powers, duties, and responsibilities related to the administration of taxes imposed on property, insurance, and alcoholic beverages.
Existing law establishes, in the Government Operations Agency, the California Department of Tax and Fee Administration (department) and transferred to the department the duty to administer various statutory taxes and fees that had previously been administered by the board. Under existing law, all laws prescribing the duties, powers, and responsibilities of the board to which the department succeeds, together with all lawful rules and regulations established under those laws, are expressly continued in force, including, but not limited to, existing processes and remedies available to a taxpayer or feepayer, such as settlement options and appeals processes.
Existing law establishes, in the Government Operations Agency, the Franchise Tax Board consisting of the Controller, the Director of Finance, and the Chairman of the State Board of Equalization. Existing law prescribes various powers and duties to the Franchise Tax Board, including, among other things, the administration of state personal income taxes and corporation franchise and income taxes.
Existing law establishes the Office of Tax Appeals (office) in state government and transfers to the office the duty to conduct appeals hearings for the various taxes and fees administered by the department and for the administrative appeals of state personal income taxes and corporation franchise and income taxes.
This bill, beginning January 1, 2023, would vest the powers, duties, and responsibilities of the board related to the administration of taxes imposed on insurance and alcoholic beverages in the department. The bill, beginning January 1, 2023, would vest the powers, duties, and responsibilities of the board related to the administration of taxes imposed on property in the Franchise Tax Board. The bill, beginning January 1, 2023, would vest the powers, duties, and responsibilities of the board to conduct appeals hearings in the office. The bill would, for these purposes, also provide for the transfer to the department, the Franchise Tax Board, and the office of the board’s employees serving in civil service, the rights and property of the board, and the board’s funding, as provided.
This bill would additionally remove the Chairperson of the State Board of Equalization from the membership of the Franchise Tax Board, and would instead make the Treasurer a member of the Franchise Tax Board.
This bill would become operative only if ACA 2 of the 2019–20 Regular Session is approved by the voters.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 15570.22 of the Government Code is amended to read:

15570.22.
 Except (a) (1) On and after July 1, 2017, and until January 1, 2023, except as provided in subdivision (b) or (c) of Section 15600 and Part 9.5 (commencing with Section 15670), the department is the successor to, and is vested with, all of the duties, powers, and responsibilities of the board. All
(2) On and after January 1, 2023, in addition to the duties, powers, and responsibilities vested in the board pursuant to paragraph (1), the department is the successor to, and is vested with, all of the following duties, powers, and responsibilities of the board:
(A) The assessment of taxes on insurers pursuant to Section 28 of Article XIII of the California Constitution and any duty, power, or responsibility conferred by statute on the board in connection with that assessment and equalization. The department may contract with the Department of Insurance or the Controller’s office, or both, to fulfill the duties, powers, and responsibilities described in this subparagraph, as necessary.
(B) The assessment and collection of excise taxes on the manufacture, importation, and sale of alcoholic beverages in this state pursuant to Section 22 of Article XX of the California Constitution, and any duty, power, or responsibility conferred by statute on the board in connection with that assessment and collection.
(b) All laws prescribing the duties, powers, and responsibilities of the board to which the department succeeds, together with all lawful rules and regulations established under those laws, are expressly continued in force, including, but not limited to, existing processes and remedies available to a taxpayer or feepayer such as settlement options and appeals processes.

SEC. 2.

 Section 15570.24 of the Government Code is amended to read:

15570.24.
 (a) Except as specified in Part 9.5 (commencing with Section 15670), and unless the context clearly requires otherwise, whenever any reference to the board appears in any statute, regulation, or contract, or in any other code, with respect to any of the functions transferred to the department pursuant to Section 15570.22, it shall be deemed to refer to the department.
(b) Consistent with Section 15570.22, an action to which the board is a party shall not abate by reason of this part but shall continue in the name of the department, and the department shall be substituted for the State Board of Equalization by the court wherein the action is pending. The substitution shall in no way affect the rights of the parties to the action.
(c) (1) Consistent with paragraph (1) of subdivision (a) of Section 15570.22, any permit, registration, or other authorization issued by the board and in effect on June 30, 2017, shall be deemed on and after July 1, 2017, to be a permit, registration, or other authorization of the department.
(2) Consistent with paragraph (2) of subdivision (a) of Section 15570.22, any permit, registration, or other authorization issued by the board and in effect on January 1, 2023, shall be deemed on and after January 1, 2023, to be a permit, registration, or other authorization of the department.

SEC. 3.

 Section 15570.26 of the Government Code is amended to read:

15570.26.
 (a) (1) All employees serving in state civil service, including temporary employees, who are engaged in the performance of functions transferred to the department pursuant to paragraph (1) of subdivision (a) of Section 15570.22 are transferred to the department. The status, positions, and rights of those persons shall not be affected by their transfer and shall continue to be retained by them pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5), except as to positions the duties of which are vested in a position exempt from civil service. The personnel records of all transferred employees shall be transferred to the department.
(2) All employees serving in state civil service, including temporary employees, who are engaged in the performance of functions transferred to the department pursuant to paragraph (2) of subdivision (a) of Section 15570.22 are transferred to the department. The status, positions, and rights of those persons shall not be affected by their transfer and shall continue to be retained by them pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5), except as to positions the duties of which are vested in a position exempt from civil service. The personnel records of all transferred employees shall be transferred to the department.
(b) (1) Consistent with paragraph (1) of subdivision (a) of Section 15570.22, the department shall succeed to all of the rights and property of the board. The property of any office, agency, or other entity of state government related to functions transferred to the department is transferred to the department. If any doubt arises as to where that property is transferred, the Department of General Services shall determine where the property is transferred.
(2) Consistent with paragraph (2) of subdivision (a) of Section 15570.22, the department shall succeed to all of the rights and property of the board. The property of any office, agency, or other entity of state government related to functions transferred to the department is transferred to the department. If any doubt arises as to where that property is transferred, the Department of General Services shall determine where the property is transferred.
(c)  (1) All unexpended balances of appropriations and other funds available for use in connection with any function or the administration of any law transferred to the department pursuant to paragraph (1) of subdivision (a) of Section 15570.22 shall be transferred to the department for the use and for the purpose for which the appropriation was originally made or the funds were originally available. If there is any doubt as to where those balances and funds are transferred, the Department of Finance shall determine where the balances and funds are transferred.
(2) All unexpended balances of appropriations and other funds available for use in connection with any function or the administration of any law transferred to the department pursuant to paragraph (2) of subdivision (a) of Section 15570.22 shall be transferred to the department for the use and for the purpose for which the appropriation was originally made or the funds were originally available. If there is any doubt as to where those balances and funds are transferred, the Department of Finance shall determine where the balances and funds are transferred.
(d) The (1) Consistent with paragraph (1) of subdivision (a) of Section 15570.22, the department is subject to all the debts and liabilities of the board, other than those retained by the board in connection with its duties, powers, and responsibilities under subdivision (b) or (c) of Section 15600, as if the department had incurred them.
(2) Consistent with paragraph (2) of subdivision (a) of Section 15570.22, the department is subject to all the debts and liabilities of the board as if the department had incurred them.

SEC. 4.

 Section 15600 of the Government Code is amended to read:

15600.
 (a) There is in state government the State Board of Equalization.
(b) The board shall continue to only have the following duties, powers, and responsibilities:
(1) The review, equalization, or adjustment of a property tax assessment pursuant to Section 11 of Article XIII of the California Constitution, and any duty, power, or responsibility conferred by statute on the board in connection with that review, equalization, or adjustment.
(2) The measurement of county assessment levels and adjustment of secured local assessment rolls pursuant to Section 18 of Article XIII of the California Constitution, and any duty, power, or responsibility conferred by statute on the board in connection with that measurement and adjustment.
(3) The assessment of pipelines, flumes, canals, ditches, and aqueducts lying within two or more counties and property, except franchises, owned or used by regulated railway, telegraph, or telephone companies, car companies operating on railways in the state, and companies transmitting or selling gas or electricity pursuant to Section 19 of Article XIII of the California Constitution, as well as the equalization of that assessment, and any duty, power, or responsibility conferred by statute on the board in connection with that assessment.
(4) The assessment of taxes on insurers pursuant to Section 28 of Article XIII of the California Constitution and any duty, power, or responsibility conferred by statute on the board in connection with that assessment and equalization.
(5) The assessment and collection of excise taxes on the manufacture, importation, and sale of alcoholic beverages in this state pursuant to Section 22 of Article XX of the California Constitution, and any duty, power, or responsibility conferred by statute on the board in connection with that assessment and collection.
(6) The administration of the welfare exemption provided by Section 214 of the Revenue and Taxation Code and the veterans’ organization exemption provided by Section 215.1 of the Revenue and Taxation Code, including issuing an organizational clearance certificate and reviewing assessors’ administration of those exemptions as required pursuant to Sections 254.5 and 254.6 of the Revenue and Taxation Code.
(7) The responsibility for receiving a change in ownership statement required to be filed due to a change in control or a change in ownership of a corporation, partnership, limited liability company, or other legal entity pursuant to Sections 480.1 and 480.2, respectively, of the Revenue and Taxation Code.
(8) The administration of Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code, commonly known as the Tax-Rate Area System.
(c) The board shall retain the duty to adjust the rate of the motor vehicle fuel tax pursuant to subdivision (b) of Section 7360 of the Revenue and Taxation Code for the 2018–19 fiscal year.
(d) (1) In order to ensure a seamless transition from the State Board of Equalization to the Office of Tax Appeals in the conduct of appeals hearings on and after January 1, 2018, pursuant to Part 9.5 (commencing with Section 15670), the State Board of Equalization, consistent with subdivision (b) of Section 15674, shall continue to have the legal authority to hear, determine, decide, or take any other action with respect to an appeal, as defined in subdivision (a) of Section 15671, regarding matters for which the duties, powers, and responsibilities are transferred to the Office of Tax Appeals pursuant to Section 15672, only if both of the following are satisfied:
(A) The hearing, determination, decision, or any other action with respect to an appeal is placed on the calendar of a meeting of the State Board of Equalization to be held before January 1, 2018.
(B) The appeal is heard, determined, decided, or is otherwise final before January 1, 2018.
(2) On and after January 1, 2018, the State Board of Equalization shall have no legal authority to, and shall not, regarding matters for which the duties, powers, and responsibilities are transferred to the Office of Tax Appeals pursuant to Section 15672, conduct an appeals hearing, make a determination, issue or publish a decision on an appeal, or take any other action with respect to an appeal heard at a meeting of the State Board of Equalization before January 1, 2018, for which the State Board of Equalization’s hearing, determination, decision, or any other action is, for any reason, not final before January 1, 2018.
(e) (1) (A) The board shall retain all employees serving in state civil service, including temporary employees, who are engaged in the performance of functions described in subdivision (b). The status, positions, and rights of those persons shall not be affected by their retention and shall continue to be retained by them pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5), except as to positions the duties of which are vested in a position exempt from civil service.
(B) Notwithstanding subparagraph (A), all employees serving in state civil service, including temporary employees, who are engaged in the performance of functions described in paragraphs (6), (7), or (8) of subdivision (b) that were transferred to the California Department of Tax and Fee Administration pursuant to Section 15570.26 shall be transferred back to the board. The status, positions, and rights of those persons shall not be affected by their transfer and shall continue to be retained by them pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5), except as to positions the duties of which are vested in a position exempt from civil service. The personnel records of all employees transferred pursuant to this subparagraph shall be transferred to the board.
(C) The board shall succeed to all the rights and property of the California Department of Tax and Fee Administration that relate to the performance of functions described in paragraphs (6), (7), and (8) of subdivision (b) and all those related rights and property shall be transferred back to the board. The Department of General Services shall determine where the property is transferred, if necessary.
(2) The board also may employ civil service staff persons to carry out the duties, powers, and responsibilities described in subdivision (b) as approved by the Legislature through the budget.
(3) The board shall retain the authority to appoint an executive director and prescribe and enforce his or her the executive director’s duties pursuant to Section 15604.
(f) Each member of the board elected by the voters of an equalization district shall have only one office in Sacramento and one district office.
(g) Each board member elected by the voters of an equalization district shall have a staff consisting of two staff persons who are exempt from civil service pursuant to Section 4 of Article VII of the California Constitution and any other civil service positions approved by the Legislature through the budget.
(h) (1) A board member shall have no authority to appoint, remove, discipline, assign, reassign, promote, demote, or issue orders to any employee of the board, including, but not limited to, the career executive assignment positions and other noncivil service managers.
(2) The executive director shall be solely responsible for selecting persons for career executive assignment positions and other noncivil service managers for the board.
(i) A board member shall not modify or approve a budget change proposal for the board or the California Department of Tax and Fee Administration. The executive director shall modify or approve all budget change proposals for the board.
(j) A board member shall not interfere with or influence the process of the board’s or the California Department of Tax and Fee Administration’s legislative analyses, revenue analyses, or any other form of technical assistance requested by the Governor or the Legislature.
(k) All board member procurements shall be processed through the Department of General Services.
(l) (1) A member of the board shall not represent a person in a hearing before the board before one year after the expiration of the member’s term on the board or one year after separation from the board.
(2) The staff of a member of the board shall not represent a person in a hearing before the board before one year after separation from employment with that member.
(m) This section shall become operative on July 1, 2017.
(n) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.

SEC. 5.

 Section 15672 of the Government Code is amended to read:

15672.
 (a) Except (1) Until January 1, 2023, except as provided in subdivision (b) of Section 15600, the office is the successor to, and is vested with, all of the duties, powers, and responsibilities of the State Board of Equalization necessary or appropriate to conduct appeals hearings.
(2) On and after January 1, 2023, the office is the successor to, and is vested with, all of the duties, powers, and responsibilities of the State Board of Equalization necessary or appropriate to conduct appeals hearings.
(b) The tax appeals panels and the appeals hearings conducted by the tax appeals panels under this part shall not be construed to be, or to be conducted by, a tax court.

SEC. 6.

 Section 15674 of the Government Code is amended to read:

15674.
 (a) The tax appeals panels shall do all of the following:
(1) (A) On or after January 1, 2018, conduct all appeals hearings for those duties, powers, and responsibilities transferred to the office pursuant to paragraph (1) of subdivision (a) of Section 15672.
(B) On or after January 1, 2023, conduct all appeals hearings for those duties, powers, and responsibilities vested in the office pursuant to paragraph (2) of subdivision (a) of Section 15672.
(2) Issue a written opinion for each appeal decided.
(3) Except as otherwise provided in this part, conduct all appeals hearings and proceedings under the Administrative Procedure Act.
(b) On or after January 1, 2018, and until January 1, 2023, the State Board of Equalization shall not conduct appeals or take any other action with respect to an appeal, except as provided in subdivision (b) of Section 15600 and consistent with subdivision (d) of Section 15600.

SEC. 7.

 Section 15679.6 is added to the Government Code, to read:

15679.6.
 (a) All employees serving in state civil service, including temporary employees, who are engaged in the performance of functions transferred to the office pursuant to paragraph (2) of subdivision (a) of Section 15672 are transferred to the office. The status, positions, and rights of those persons shall not be affected by their transfer and shall continue to be retained by them pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5), except as to positions the duties of which are vested in a position exempt from civil service. The personnel records of all transferred employees shall be transferred to the office.
(b) Consistent with paragraph (2) of subdivision (a) of Section 15672, the office shall succeed to all of the rights and property of the State Board of Equalization. The property of any office, agency, or other entity of state government related to functions transferred to the office is transferred to the office. If any doubt arises as to where that property is transferred, the Department of General Services shall determine where the property is transferred.
(c) All unexpended balances of appropriations and other funds available for use in connection with any function or the administration of any law transferred to the office pursuant to paragraph (2) of subdivision (a) of Section 15672 shall be transferred to the office for the use and for the purpose for which the appropriation was originally made or the funds were originally available. If there is any doubt as to where those balances and funds are transferred, the Department of Finance shall determine where the balances and funds are transferred.

SEC. 8.

 Section 15700 of the Government Code is amended to read:

15700.
 (a) There is in the state government, in the Government Operations Agency, a Franchise Tax Board consisting of the Controller, the Director of Finance, and the Chairperson of the State Board of Equalization. Treasurer. The Franchise Tax Board is the successor to, and is vested with, all of the duties, powers, purposes, responsibilities, and jurisdiction of the Franchise Tax Commissioner, but the statutes and laws under which that office existed and all laws prescribing the duties, powers, purposes, responsibilities, and jurisdiction of that office, together with all lawful rules and regulations established thereunder, are expressly continued in force. “Franchise Tax Commissioner” when used in any statute, law, rule, or regulation now in force, or that may hereafter be enacted or adopted, means the Franchise Tax Board. No action to which the Franchise Tax Commissioner is a party shall abate by reason hereof but shall continue in the name of the Franchise Tax Board, and the Franchise Tax Board shall be substituted for the Franchise Tax Commissioner by the court wherein the action is pending. The substitution shall not in any way affect the rights of the parties to the action.
(b) Notwithstanding any other provision of the law to the contrary, any directive or regulation adopted by the Franchise Tax Board shall take precedence over any directive or regulation adopted by its executive officer.

SEC. 9.

 Section 15706 is added to the Government Code, to read:

15706.
 (a) On and after January 1, 2023, the Franchise Tax Board is the successor to, and is vested with, all of the following duties, powers, and responsibilities of the State Board of Equalization:
(1) The review, equalization, or adjustment of a property tax assessment pursuant to Section 11 of Article XIII of the California Constitution, and any duty, power, or responsibility conferred by statute on the State Board of Equalization in connection with that review, equalization, or adjustment.
(2) The measurement of county assessment levels and adjustment of secured local assessment rolls pursuant to Section 18 of Article XIII of the California Constitution, and any duty, power, or responsibility conferred by statute on the State Board of Equalization in connection with that measurement and adjustment.
(3) The assessment of pipelines, flumes, canals, ditches, and aqueducts lying within two or more counties and property, except franchises, owned or used by regulated railway, telegraph, or telephone companies, car companies operating on railways in the state, and companies transmitting or selling gas or electricity pursuant to Section 19 of Article XIII of the California Constitution, as well as the equalization of that assessment, and any duty, power, or responsibility conferred by statute on the State Board of Equalization in connection with that assessment.
(4) The administration of the welfare exemption provided by Section 214 of the Revenue and Taxation Code and the veterans’ organization exemption provided by Section 215.1 of the Revenue and Taxation Code, including issuing an organizational clearance certificate and reviewing assessors’ administration of those exemptions as required pursuant to Sections 254.5 and 254.6 of the Revenue and Taxation Code.
(5) The responsibility for receiving a change in ownership statement required to be filed due to a change in control or a change in ownership of a corporation, partnership, limited liability company, or other legal entity pursuant to Sections 480.1 and 480.2, respectively, of the Revenue and Taxation Code.
(6) The administration of Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code, commonly known as the Tax-Rate Area System.
(b) All laws prescribing the duties, powers, and responsibilities of the State Board of Equalization to which the Franchise Tax Board succeeds, together with all lawful rules and regulations established under those laws, are expressly continued in force, including, but not limited to, existing processes and remedies available to a taxpayer or feepayer, such as settlement options and appeals processes.

SEC. 10.

 Section 15707 is added to the Government Code, to read:

15707.
 (a) Except as specified in Part 9.5 (commencing with Section 15670), and unless the context clearly requires otherwise, whenever any reference to the State Board of Equalization appears in any statute, regulation, or contract, or in any other code, with respect to any of the functions vested in the Franchise Tax Board pursuant to Section 15706, it shall be deemed to refer to the Franchise Tax Board.
(b) Consistent with Section 15706, an action to which the State Board of Equalization is a party shall not abate by reason of this part but shall continue in the name of the Franchise Tax Board, and the Franchise Tax Board shall be substituted for the State Board of Equalization by the court wherein the action is pending. The substitution shall in no way affect the rights of the parties to the action.
(c) Consistent with Section 15706, any permit, registration, or other authorization issued by the State Board of Equalization and in effect on January 1, 2023, shall be deemed on and after January 1, 2023, to be a permit, registration, or other authorization of the Franchise Tax Board.

SEC. 11.

 Section 15708 is added to the Government Code, to read:

15708.
 (a) All employees serving in state civil service, including temporary employees, who are engaged in the performance of functions transferred to the Franchise Tax Board pursuant to Section 15706 are transferred to the Franchise Tax Board. The status, positions, and rights of those persons shall not be affected by their transfer and shall continue to be retained by them pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5), except as to positions the duties of which are vested in a position exempt from civil service. The personnel records of all transferred employees shall be transferred to the Franchise Tax Board.
(b) Consistent with Section 15706, the Franchise Tax Board shall succeed to all of the rights and property of the State Board of Equalization. The property of any office, agency, or other entity of state government related to functions transferred to the Franchise Tax Board is transferred to the Franchise Tax Board. If any doubt arises as to where that property is transferred, the Department of General Services shall determine where the property is transferred.
(c)  All unexpended balances of appropriations and other funds available for use in connection with any function or the administration of any law transferred to the Franchise Tax Board pursuant to Section 15706 shall be transferred to the Franchise Tax Board for the use and for the purpose for which the appropriation was originally made or the funds were originally available. If there is any doubt as to where those balances and funds are transferred, the Department of Finance shall determine where the balances and funds are transferred.
(d) Consistent with Section 15706, the Franchise Tax Board is subject to all the debts and liabilities of the State Board of Equalization as if the Franchise Tax Board had incurred them.

SEC. 12.

 This act shall become operative only if Assembly Constitutional Amendment No. 2 of the 2019–20 Regular Session is approved by the voters.