AB 2149,
as amended, Bonilla. begin deleteLegislative Analyst’s Office report: collection of payments: medical marijuana-related businesses. end deletebegin insertState Board of Equalization: state agencies: collection of cash payments: medical marijuana-related businesses.end insert
Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, allows the use of marijuana for medical purposes. The Medical Marijuana Regulation and Safety Act provides for the licensure and regulation of commercial medical marijuana activity by various state entities, as specified. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges.
end insertbegin insertThis bill would authorize the State Board of Equalization to collect cash payments from medical marijuana-related businesses for other state agencies, including the Department of Consumer Affairs and the Employment Development Department, if that state agency has entered into an agreement with the board. The bill would require the agreement to include specified provisions, including that the board be reimbursed for the administrative costs of the collection, as specified, from the fund for which collection was authorized, upon appropriation by the Legislature.
end insertbegin insertThe bill would require the board to administer and collect the payments in accordance with the Fee Collection Procedures Law. By expanding the application of the Fee Collection Procedures Law, the violation of which is a crime, this bill would impose a state-mandated local program.
end insertbegin insertThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertExisting law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, allows the use of marijuana for medical purposes. The Medical Marijuana Regulation and Safety Act provides for the licensure and regulation of commercial medical marijuana activity by various state entities, as specified.
end deleteThis bill would require the Legislative Analyst’s Office, in consultation with the Department of Justice, to conduct a study and provide a report to the Legislature on the most efficient and cost-effective manner for state entities to collect payments from medical marijuana-related businesses.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertPart 13.5 (commencing with Section 31001) is
2added to Division 2 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert, to read:end insert
P3 1
This part shall be known, and may be cited, as the
6Medical Marijuana State Payment Collection Law.
(a) For purposes of this part, the references in the Fee
8Collection Procedures Law to “fee” shall include any fee, fine,
9penalty, or other charge required to be paid by a person that is a
10medical marijuana-related business, and references to “feepayer”
11shall include a person required to pay those fees.
12
(b) “State agency,” as used in this part, includes, but is not
13limited to, the following:
14
(1) The Department of Consumer Affairs.
15
(2) The Department of Food and Agriculture.
16
(3) The State Department of Public Health.
17
(4) The Employment Development Department.
18
(5) The State Water Resources Control Board.
19
(6) The Franchise Tax Board.
(a) The board may enter into an agreement with a state
21agency to collect cash payments for any fee, fine, penalty, or other
22charge payable to the state agency by a person that is a medical
23marijuana-related business in accordance with provisions of this
24part.
25
(b) The board shall collect fees, fines, penalties, and other
26charges if the board enters into an agreement with a state agency
27to make those collections. The agreement shall include the
28following:
29
(1) A provision that the board be reimbursed for the
30administrative costs of the collection from the fund for which cash
31payments are collected, upon appropriation of the Legislature.
32
(2) A provision that the board transmit the collected moneys to
33the Treasurer to be deposited in the State Treasury to the credit
34of the fund for which collection was authorized.
35
(3) A provision that describes the administrative costs the board
36will incur in carrying out the collection and administration, which
37costs shall not exceed 10 percent of the moneys collected.
38
(4) A savings clause that provides the board the authority to
39collect and to make refunds after the sunset date if a sunset date
40exists.
P4 1
(5) A provision that sets forth the due date for payment of the
2fee, fine, penalty, or other charge and return by the feepayer.
3
(c) The board shall administer and collect the payments
4authorized
by an agreement made pursuant to this part pursuant
5to the Fee Collection Procedures Law (Part 30 (commencing with
6Section 55001)), except that Article 1.1 (commencing with Section
755050) of Chapter 3 of that part shall not apply.
No reimbursement is required by this act pursuant to
9Section 6 of Article XIII B of the California Constitution because
10the only costs that may be incurred by a local agency or school
11district will be incurred because this act creates a new crime or
12infraction, eliminates a crime or infraction, or changes the penalty
13for a crime or infraction, within the meaning of Section 17556 of
14the Government Code, or changes the definition of a crime within
15the meaning of Section 6 of Article XIII B of the California
16Constitution.
Section 19318.1 is added to the Business and
18Professions Code, to read:
On or before January 1, 2018, the Legislative
20Analyst’s Office, in consultation with the Department of Justice,
21shall conduct a study and submit a report to the Legislature on the
22most efficient and cost-effective manner for state entities to collect
23payments from medical marijuana-related businesses.
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