California 2023-2024 Regular Session

California Assembly Bill AB2238 Compare Versions

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1-Enrolled August 22, 2024 Passed IN Senate August 20, 2024 Passed IN Assembly May 22, 2024 Amended IN Assembly May 20, 2024 Amended IN Assembly March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2238Introduced by Assembly Member LowFebruary 08, 2024An act to amend, repeal, and add Section 15700 of the Government Code, relating to tax administration.LEGISLATIVE COUNSEL'S DIGESTAB 2238, Low. Franchise Tax Board: membership.Existing law establishes, in the Government Operations Agency, the Franchise Tax Board consisting of the Controller, the Director of Finance, and the Chairperson 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. This bill, beginning July 1, 2025, would add the Lieutenant Governor and the Treasurer as members of the Franchise Tax Board. The bill would also require the Controller to serve as the chair of the board.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows: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 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 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 law, a directive or regulation adopted by the Franchise Tax Board shall take precedence over 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.
1+Amended IN Assembly May 20, 2024 Amended IN Assembly March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2238Introduced by Assembly Member LowFebruary 08, 2024An act to amend, repeal, and add Section 15700 of the Government Code, relating to tax administration.LEGISLATIVE COUNSEL'S DIGESTAB 2238, as amended, Low. Franchise Tax Board: membership.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. This bill, beginning July 1, 2025, would add the Director of the California Department of Tax and Fee Administration Lieutenant Governor and the Treasurer as members of the Franchise Tax Board. The bill would also require the Controller to serve as the chair of the board.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows: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 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 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 law, a directive or regulation adopted by the Franchise Tax Board shall take precedence over 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 Director of the California Department of Tax and Fee Administration, 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.(b)(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.(c)(d) This section shall become operative on July 1, 2025.
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3- Enrolled August 22, 2024 Passed IN Senate August 20, 2024 Passed IN Assembly May 22, 2024 Amended IN Assembly May 20, 2024 Amended IN Assembly March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2238Introduced by Assembly Member LowFebruary 08, 2024An act to amend, repeal, and add Section 15700 of the Government Code, relating to tax administration.LEGISLATIVE COUNSEL'S DIGESTAB 2238, Low. Franchise Tax Board: membership.Existing law establishes, in the Government Operations Agency, the Franchise Tax Board consisting of the Controller, the Director of Finance, and the Chairperson 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. This bill, beginning July 1, 2025, would add the Lieutenant Governor and the Treasurer as members of the Franchise Tax Board. The bill would also require the Controller to serve as the chair of the board.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ Amended IN Assembly May 20, 2024 Amended IN Assembly March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2238Introduced by Assembly Member LowFebruary 08, 2024An act to amend, repeal, and add Section 15700 of the Government Code, relating to tax administration.LEGISLATIVE COUNSEL'S DIGESTAB 2238, as amended, Low. Franchise Tax Board: membership.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. This bill, beginning July 1, 2025, would add the Director of the California Department of Tax and Fee Administration Lieutenant Governor and the Treasurer as members of the Franchise Tax Board. The bill would also require the Controller to serve as the chair of the board.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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5- Enrolled August 22, 2024 Passed IN Senate August 20, 2024 Passed IN Assembly May 22, 2024 Amended IN Assembly May 20, 2024 Amended IN Assembly March 21, 2024
5+ Amended IN Assembly May 20, 2024 Amended IN Assembly March 21, 2024
66
7-Enrolled August 22, 2024
8-Passed IN Senate August 20, 2024
9-Passed IN Assembly May 22, 2024
107 Amended IN Assembly May 20, 2024
118 Amended IN Assembly March 21, 2024
129
1310 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
1411
1512 Assembly Bill
1613
1714 No. 2238
1815
1916 Introduced by Assembly Member LowFebruary 08, 2024
2017
2118 Introduced by Assembly Member Low
2219 February 08, 2024
2320
2421 An act to amend, repeal, and add Section 15700 of the Government Code, relating to tax administration.
2522
2623 LEGISLATIVE COUNSEL'S DIGEST
2724
2825 ## LEGISLATIVE COUNSEL'S DIGEST
2926
30-AB 2238, Low. Franchise Tax Board: membership.
27+AB 2238, as amended, Low. Franchise Tax Board: membership.
3128
32-Existing law establishes, in the Government Operations Agency, the Franchise Tax Board consisting of the Controller, the Director of Finance, and the Chairperson 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. This bill, beginning July 1, 2025, would add the Lieutenant Governor and the Treasurer as members of the Franchise Tax Board. The bill would also require the Controller to serve as the chair of the board.
29+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. This bill, beginning July 1, 2025, would add the Director of the California Department of Tax and Fee Administration Lieutenant Governor and the Treasurer as members of the Franchise Tax Board. The bill would also require the Controller to serve as the chair of the board.
3330
34-Existing law establishes, in the Government Operations Agency, the Franchise Tax Board consisting of the Controller, the Director of Finance, and the Chairperson 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.
31+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.
3532
36-This bill, beginning July 1, 2025, would add the Lieutenant Governor and the Treasurer as members of the Franchise Tax Board. The bill would also require the Controller to serve as the chair of the board.
33+This bill, beginning July 1, 2025, would add the Director of the California Department of Tax and Fee Administration Lieutenant Governor and the Treasurer as members of the Franchise Tax Board. The bill would also require the Controller to serve as the chair of the board.
3734
3835 ## Digest Key
3936
4037 ## Bill Text
4138
42-The people of the State of California do enact as follows: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 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 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 law, a directive or regulation adopted by the Franchise Tax Board shall take precedence over 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.
39+The people of the State of California do enact as follows: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 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 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 law, a directive or regulation adopted by the Franchise Tax Board shall take precedence over 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 Director of the California Department of Tax and Fee Administration, 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.(b)(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.(c)(d) This section shall become operative on July 1, 2025.
4340
4441 The people of the State of California do enact as follows:
4542
4643 ## The people of the State of California do enact as follows:
4744
4845 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 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 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 law, a directive or regulation adopted by the Franchise Tax Board shall take precedence over 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.
4946
5047 SECTION 1. Section 15700 of the Government Code is amended to read:
5148
5249 ### SECTION 1.
5350
5451 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 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 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 law, a directive or regulation adopted by the Franchise Tax Board shall take precedence over 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.
5552
5653 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 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 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 law, a directive or regulation adopted by the Franchise Tax Board shall take precedence over 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.
5754
5855 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 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 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 law, a directive or regulation adopted by the Franchise Tax Board shall take precedence over 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.
5956
6057
6158
6259 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 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 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.
6360
6461 (b) 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.
6562
6663 (c) This section shall remain in effect only until July 1, 2025, and as of that date is repealed.
6764
68-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.
65+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 Director of the California Department of Tax and Fee Administration, 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.(b)(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.(c)(d) This section shall become operative on July 1, 2025.
6966
7067 SEC. 2. Section 15700 is added to the Government Code, to read:
7168
7269 ### SEC. 2.
7370
74-15700. (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.
71+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 Director of the California Department of Tax and Fee Administration, 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.(b)(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.(c)(d) This section shall become operative on July 1, 2025.
7572
76-15700. (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.
73+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 Director of the California Department of Tax and Fee Administration, 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.(b)(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.(c)(d) This section shall become operative on July 1, 2025.
7774
78-15700. (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.
75+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 Director of the California Department of Tax and Fee Administration, 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.(b)(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.(c)(d) This section shall become operative on July 1, 2025.
7976
8077
8178
82-15700. (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.
79+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 Director of the California Department of Tax and Fee Administration, 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.
8380
8481 (b) The Controller shall serve as the chair of the Franchise Tax Board.
8582
83+(b)
84+
85+
86+
8687 (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.
88+
89+(c)
90+
91+
8792
8893 (d) This section shall become operative on July 1, 2025.