BILL NUMBER: AB 1307	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Skinner

                        FEBRUARY 18, 2011

   An act to add Section 6070.5 to the Revenue and Taxation Code,
relating to taxation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1307, as introduced, Skinner. State Board of Equalization:
seller's permits: refusal to issue.
   The Sales and Use Tax Law provides that every person desiring to
engage in or conduct business as a seller shall apply to the State
Board of Equalization for a permit. That law requires a person
selling tangible personal property for storage, use, or other
consumption in this state to register with, and to obtain a seller's
permit or certification of registration-use tax from, the State Board
of Equalization. The Sales and Use Tax Law requires a seller whose
permit has been previously suspended or revoked to pay the board a
fee of $100 for the renewal or issuance of a permit.
   This bill would authorize the board to refuse to issue a seller's
permit to any person submitting an application for a permit if the
person desiring to engage in or conduct business as a seller within
this state has an outstanding final liability with the board for any
amount due, as specified. The bill would also authorize the board, if
the person submitting an application for a seller's permit has
entered into an installment payment agreement and fails to comply
with its terms, to seek revocation of that seller's permit. The bill
would additionally require the board to provide written notice to any
person denied a permit and would allow such a person to request
reconsideration of the denial, in accordance with specified
procedures.
   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 6070.5 is added to the Revenue and Taxation
Code, to read:
   6070.5.  (a) The board may refuse to issue a permit to any person
submitting an application for a permit as required in Section 6066 if
the person desiring to engage in or conduct business as a seller
within this state has an outstanding final liability with the board
for any amount due under this part.
   (b) In addition to the provisions of subdivision (a), the board
may also refuse to issue a permit if the person desiring to engage in
or conduct business as a seller within this state is not a natural
person or individual and any person controlling the person desiring
to engage in or conduct business as a seller within this state has an
outstanding final liability with the board as provided in
subdivision (a). For the purposes of this section, "controlling" has
the same meaning as defined in Section 22971 of the Business and
Professions Code.
   (c) For purposes of this section, a liability will not be deemed
to be outstanding if the person has entered into an installment
payment agreement pursuant to Section 6832 for any liability and is
in full compliance with the terms of the installment payment
agreement.
   (d) If the person submitting an application for a seller's permit
has entered into an installment payment agreement as provided in
subdivision (c) and fails to comply with the terms of the installment
payment agreement, the board may seek revocation of the seller's
permit obtained by the person pursuant to this section.
   (e) (1) Whenever any person desiring to engage in or conduct
business as a seller within this state is denied a permit pursuant to
this section, the board shall give to the person written notice of
the denial. The notice of the denial may be served personally, by
mail, or by other means deemed appropriate by the board. If served by
mail, the notice shall be placed in a sealed envelope, with postage
paid, addressed to the person at the address as it appears in the
records of the board. The giving of notice shall be deemed complete
at the time of deposit of the notice at the United States Postal
Service, or a mailbox, subpost office, substation or mail chute or
other facility regularly maintained or provided by the United States
Postal Service, without extension of time for any reason. In lieu of
mailing, a notice may be served personally by delivering to the
person to be served and service shall be deemed complete at the time
of the delivery. Delivery of notice by other means deemed appropriate
by the board may include, but is not limited to, electronic
transmission. Personal service or delivery by other means deemed
appropriate by the board to a corporation may be made by delivery of
a notice to any person listed on the application as an officer.
   (2) Any person who is denied a seller's permit pursuant to this
section may request reconsideration of the board's denial of the
permit. This request must be submitted in writing within 30 days of
the date of the notice of denial. Timely submission of a written
request for reconsideration will afford the person a hearing in a
manner that is consistent with a hearing provided for by Section
6070. If a request for reconsideration is not filed within the 30-day
period, the denial becomes final at the end of the 30-day period.