CHAPTER 3. Transfer of Duties, Powers, and Responsibilities [15570.22 - 15570.31]
( Chapter 3 added by Stats. 2017, Ch. 16, Sec. 5. )
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 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.
(Added by Stats. 2017, Ch. 16, Sec. 5. (AB 102) Effective June 27, 2017. Operative July 1, 2017, pursuant to Section 15570.100.)
(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) Consistent with 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.
(Added by Stats. 2017, Ch. 16, Sec. 5. (AB 102) Effective June 27, 2017. Operative July 1, 2017, pursuant to Section 15570.100.)
(a) All employees serving in state civil service, including temporary employees, who are engaged in the performance of functions transferred to the department pursuant to 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) Consistent with 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) 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 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
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.
(Added by Stats. 2017, Ch. 16, Sec. 5. (AB 102) Effective June 27, 2017. Operative July 1, 2017, pursuant to Section 15570.100.)
The department shall provide the board with administrative and personnel services.
(Added by Stats. 2017, Ch. 16, Sec. 5. (AB 102) Effective June 27, 2017. Operative July 1, 2017, pursuant to Section 15570.100.)
The Department of Finance shall make the final determination of the budgetary and accounting transactions and treatments to ensure the proper implementation of the transfer of duties, powers, and responsibilities from the board to the department pursuant to this part.
(Added by Stats. 2017, Ch. 16, Sec. 5. (AB 102) Effective June 27, 2017. Operative July 1, 2017, pursuant to Section 15570.100.)
Notwithstanding any other law, this part shall not limit the authority of, and expressly authorizes, the department and the board to delegate, share, provide assistance for, or transfer between themselves administrative responsibilities for tax and fee programs within the department’s and the board’s respective duties, powers, and responsibilities pursuant to an agreement. However, the agreement between the department and the board shall not transfer jurisdiction over any of the tax and fee programs that are the subject of the agreement.
(Added by Stats. 2018, Ch. 37, Sec. 26. (AB 1817) Effective June 27, 2018.)