Bill Text: CA SB862 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Santa Cruz Metropolitan Transit District: transaction and use tax rates.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-09-30 - Chaptered by Secretary of State. Chapter 296, Statutes of 2023. [SB862 Detail]

Download: California-2023-SB862-Amended.html

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Amended  IN  Assembly  June 13, 2023

Amended  IN  Senate  March 27, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 862

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Introduced by Senator Laird

February 17, 2023

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An act to amend Sections 12042 and 12043 of the Food and Agricultural Section 98290 of the Public Utilities Code, relating to pest control. taxation.

LEGISLATIVE COUNSEL'S DIGEST

SB 862, as amended, Laird. Pest control: Agricultural Pest Control Advisory Committee. Santa Cruz Metropolitan Transit District: transaction and use tax rates.

(1) Existing law authorizes various specified cities and counties, subject to certain limitations and approval requirements, to levy a transactions and use tax for general or specific purposes, in accordance with the procedures and requirements set forth in the Transactions and Use Tax Law. A provision of the Transactions and Use Tax Law prohibits the combined rate of all taxes that may be imposed in accordance with that law in a county from exceeding 2%.

Existing law, the Santa Cruz Metropolitan Transit District Act of 1967, authorizes the County of Santa Cruz to organize and incorporate the Santa Cruz Metropolitan Transit District, as provided. Existing law, among other things, authorizes the board of directors of the district to impose transactions and use taxes in accordance with the Transactions and Use Tax Law by an ordinance approved by ²/₃ of the electors voting on the measure at a special election called for that purpose. Existing law provides that, notwithstanding the 2% combined rate limit under the Transactions and Use Tax Law, a transactions and use tax rate imposed by the board pursuant to these provisions on or before January 1, 2020, are not considered for purposes of that combined rate limit.

This bill would instead establish a combined rate limit for transactions and use taxes of 3% for taxes approved by the board before January 1, 2035.

(2) This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Santa Cruz.

Existing law, added by the Governor’s Reorganization Plan No. 1 of 1991, creates the Department of Pesticide Regulation and authorizes the Director of Pesticide Regulation, among other things, to adopt regulations for the issuance and renewal of licenses and certificates for pest control operations. Existing law establishes the Agricultural Pest Control Advisory Committee within the department for the purposes of advising the director in all matters concerning licensing, certification, and regulation of persons and firms licensed or certified for pest control operations. Existing law sets forth the composition of the advisory committee, including one member representing the general public. Existing law requires the advisory committee to be appointed by either the Secretary for Environmental Protection or the director.

This bill would increase from one to 2 the members representing the general public and would make a conforming change. The bill would instead require members of the advisory committee to be appointed only by the director.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: NO  

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Bill Text

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

SECTION 1.

 Section 98290 of the Public Utilities Code is amended to read:

98290.

 (a) A retail transactions and use tax ordinance may be adopted by the board in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, provided that two-thirds of the electors voting on the measure vote to authorize its enactment at a special election called for that purpose by the board.

(b) Notwithstanding Section 7251.1 of the Revenue and Taxation Code, a transactions and use tax rate imposed pursuant to subdivision (a) on or before the effective date of the act adding this subdivision shall not be considered for purposes of the combined rate limit established by that section. section, if both of the following conditions are met:

(1) The board adopts the ordinance approving the tax before January 1, 2035.

(2) The total tax rate excluded from consideration by this subdivision from the combined rate limit established by Section 7251.1 of the Revenue and Taxation Code shall not exceed one percent.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique fiscal pressures being experienced in the County of Santa Cruz.

SECTION 1.Section 12042 of the Food and Agricultural Code is amended to read:

12042.

There is in the department an Agricultural Pest Control Advisory Committee, appointed by the director, consisting of the following members:

(a)One member representing agricultural pest control advisers.

(b)One member representing agricultural pest control businesses.

(c)One member representing pest control maintenance gardeners.

(d)One member representing pest control aircraft pilots.

(e)One member representing pesticide dealers.

(f)One member representing commercial applicator certificate holders.

(g)One member representing registrants, as defined in Section 12755.

(h)One member representing the California Agricultural Commissioners and Sealers Association.

(i)One member representing the University of California, Division of Agriculture and Natural Resources, who is nominated by the board of regents and who specializes in pest management.

(j)One member representing the Board of Trustees of the California State University system.

(k)One member representing the Board of Governors of the California Community College system.

(l)One member representing producers, as defined in Section 56110.

(m)Two members representing the general public.

SEC. 2.Section 12043 of the Food and Agricultural Code is amended to read:

12043.

The public members shall be appointed to the committee by the director from nominees recommended by the committee. The public members shall represent the interests of the general public in all matters coming before the committee and shall have the same voting and other rights and immunities as other members of the committee.