BEFORE THE CALIFORNIA STATE BOARD OF EQUALIZATION

                                 450 N Street, Room 121

                                 Sacramento, California

                

                

                

                                  REPORTER'S TRANSCRIPT

                                   JANUARY 27, 2010  

                

                

                

                

                

                                         ITEM J1

                                  CHIEF COUNSEL MATTERS

                                       RULEMAKING

                                  SECTION 100 CHANGES 

                

                

                

                

                                  Reported by:  Beverly D. Toms

                                               No. CSR 1662

                

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            1   

            2                         P R E S E N T

            3   

            4   For the Board              Betty Yee 
                of Equalization:           Chair
            5   
                                           Jerome E. Horton 
            6                              Vice-Chair
                
            7                              Bill Leonard 
                                           Member
            8   
                                           Michelle Steel
            9                              Member
                
           10                              Marcy Jo Mandel 
                                           Appearing for John         
           11                              Chiang, State Controller   
                                           (per Government Code 
           12                                   Section 7.9)
                
           13                              Diane Olson  
                                           Chief, Board           
           14                              Proceedings Division
                
           15   Board of Equalization
                Staff:                     Bradley Heller 
           16                              Legal Department
                
           17                              Carolee Johnstone
                                           Legal Department
           18   
                
           19                           ---oOo---

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            3                                   Sacramento, California

            4                                      January 27, 2010 

            5                           ---oOO---

            6            MS. OLSON:  The next matter is J1, Specified 

            7   Special Tax and Fee Regulations.  

            8            MS. YEE:  Okay.  Good morning, Mr. Heller.   

            9            MR. HELLER:  Good morning, Madam Chair, Members 

           10   of the Board.  I'm Bradley Heller.  I'm here with 

           11   Carolee Johnstone.  We're both attorneys in the Legal 

           12   Department.  And for this item we're requesting the 

           13   Board's authorization to complete Rule 100 changes to a 

           14   number of specified Special Taxes and Fees regulations.  

           15            And I did also want to point up -- or bring up 

           16   an additional change that we're recommending.  

           17            Our Regulation 4500, Subdivision "e" basically 

           18   defines the term "Board" and after we submitted the 

           19   package to the Board we realized that that subdivision 

           20   references -- or defines the Board by reference to the 

           21   California Constitution and it refers to the wrong 

           22   section in Article XIII.  So we wanted to amend 

           23   Subdivision "e" of 45 -- section -- of Regulation 4500 

           24   so that it refers to Article XIII, Section 17 which 

           25   actually established the Board and defines the -- its 

           26   membership as opposed to Section 9.  

           27            Otherwise, though, all the -- all the changes 

           28   are as illustrated in the materials.  




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            1            MS. YEE:  Okay.  

            2            MR. LEONARD:  Thanks for catching that mistake.  

            3            MR. HELLER:  Yes. 

            4            MS. YEE:  Great.  Thank you. 

            5            Very well.  Questions, Members?  

            6            Hearing none, is there a motion?  

            7            MR. HORTON:  So moved.  

            8            MS. YEE:  Motion by Mr. Horton to adopt the 

            9   staff request -- or authorize the Rule 100 change. 

           10            Is there a second?  

           11            MS. MANDEL:  Second.  

           12            MS. YEE:   Second by Ms. Mandel.  

           13            Without objection, that motion carries. 

           14            Thank you.  

           15                           ---oOo---

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            1   

            2                    REPORTER'S CERTIFICATE

            3   

            4   State of California    )

            5                          )  ss

            6   County of Sacramento   )

            7   

            8            I, BEVERLY D. TOMS, Hearing Reporter for the 

            9   California State Board of Equalization certify that on 

           10   January 27, 2010 I recorded verbatim, in shorthand, to 

           11   the best of my ability, the proceedings in the 

           12   above-entitled hearing; that I transcribed the shorthand 

           13   writing into typewriting; and that the preceding 4 

           14   pages constitute a complete and accurate transcription 

           15   of the shorthand writing.

           16   

           17   Dated:  February 4, 2010.  

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           21                          ____________________________

           22                          BEVERLY D. TOMS

           23                          Hearing Reporter

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