California Assembly Bill AB2323 Amended / Bill

 BILL NUMBER: AB 2323AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 15, 2012 AMENDED IN ASSEMBLY MAY 1, 2012 AMENDED IN ASSEMBLY MARCH 29, 2012 INTRODUCED BY Assembly Member Perea FEBRUARY 24, 2012 An act to add Section 40 to the Revenue and Taxation Code, relating to taxation. LEGISLATIVE COUNSEL'S DIGEST AB 2323, as amended, Perea. State Board of Equalization: administration: opinions. The California Constitution establishes the State Board of Equalization  ,  and  existing law  prescribes its various powers and duties  in connection  with  respect to  various taxes  and fees  , including administration, assessment, and collection  and prescribes its functions with respect to property taxes  . The State Board of Equalization  also collects and administers various fees imposed under specified programs and serves as an arbiter for the resolution of disputes involving the imposition of fees and taxes, including those taxes administered by the Franchise Tax Board   is the appellate body for disputes arising under franchise and income tax laws, it decides disputes arising under tax and fee laws administered by the board, and it decides specified petitions and applications arising under property tax laws  . This bill would require the board to publish and make available on its Internet Web site a written formal  legal  opinion  or   ,  a written memorandum opinion  , or a written summary decision  for each  case   decision  in which the amount in controversy is $500,000 or more  , within 90 days of the date upon which the board rendered its decision  . This bill would require each published opinion  or decision  to contain specified information  , and would require the board to determine the precedential value of each formal opinion and each memorandum opinion at its discretion  . Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 40 is added to the Revenue and Taxation Code, to read: 40. (a) The board shall publish  and make available  on its Internet Web site a written formal  legal  opinion  or   ,  a written memorandum opinion  , or a written summary decision  for each  case   decision of the board  in which the amount in controversy is five hundred thousand dollars ($500,000) or more  , within 90 days of the date upon which the board rendered its decision  . (b) Each  published   formal  opinion  , memorandum opinion, and summary decision as described in subdivision (a)  shall include all of the following: (1)  Factual background.   Findings   of fac   t.  (2) The legal issue or issues presented. (3) Applicable law. (4) Analysis. (5) Disposition. (6) Names of  concurring   adopting  board members. (c)  (1)    A board member may  write   submit  a dissenting opinion  should he or she disagree with the majority opinion   setting forth his or her rationale for disagreeing with the memorandum opinion or formal opinion  .  (2) A board member may submit a concurring opinion setting forth the board member's rationale for agreeing with the result reached in the memorandum opinion or formal opinion, if different than the rationale set forth in the memorandum opinion or formal opinion.   (3) A dissenting opinion and a concurring opinion shall be published in the same manner as prescribed in subdivision (a) for a formal opinion or memorandum opinion.   (d) The board shall determine the precedential value of each formal legal opinion and each memorandum opinion at its discretion.   (d) A formal opinion or memorandum opinion adopted by the board may be cited as precedent in any matter or proceeding before the board, unless the opinion has been depublished, overruled, or superseded. A summary decision may not be cited as precedent in any matter or proceeding before the board.