Today's Law As Amended


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AB-2238 Franchise Tax Board: membership.(2023-2024)



As Amends the Law Today


SECTION 1.

 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. 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 a  statute, law, rule, or regulation now in force, or that may hereafter be enacted or adopted, means the Franchise Tax Board. No An  action to which  that  the Franchise Tax Commissioner is a party to  shall not  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  law, a  directive or regulation adopted by the Franchise Tax Board shall take precedence over any a  directive or regulation adopted by its executive officer.
(c) This section shall remain in effect only until July 1, 2025, and as of that date is repealed.

SEC. 2.

 Section 15700 is added to the Government Code, 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, the Chairperson of the State Board of Equalization, the Lieutenant Governor, and the 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 a statute, law, rule, or regulation now in force, or that may hereafter be enacted or adopted, means the Franchise Tax Board. An action that the Franchise Tax Commissioner is a party shall not 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) The Controller shall serve as the chair of the Franchise Tax Board.
(c) Notwithstanding any other law, a directive or regulation adopted by the Franchise Tax Board shall take precedence over a directive or regulation adopted by its executive officer.
(d) This section shall become operative on July 1, 2025.