HomeMy WebLinkAboutMINUTES - 06021987 - 1.57 T
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TO
BOARD OF SUPERVISORS
FROM: Phil Batchelor Contra
County Administrator Costa
DATE: May 28, 1987 County
SUBJECT:
Legislation: Assembly Bill 1286 .(Jones)
SPECIFIC REQUEST(S) OR RECOMMENDATION(_S) a BACKGROUND AND JUSTIFICATION
RECOMMENDATION•
Adopt a position of support for AB 1286 by Assemblyman Jones
which would clarify the intent of the Legislature that the eight
mill tax per dollar of sales applies to the sale of all economic
poisons in California, not just agricultural economic poisons.
BACKGROUND:
Under current law, there is a tax of $0. 008 per dollar of sales
which is applied to all economic poisons sold in California. A
manufacturer of chlorine recently sued the State in Southern
California contending that the intent of the Legislature was that
the tax apply only to agricultural uses of economic poisons. The
court agreed with the manufacturer and ruled that
non-agricultural economic poisons ( such as chlorine) were not
subject to the mill tax. The State Department of Food and
Agriculture is appealing this ruling.
However, to clarify the Legislature' s intent, Assemblyman Jones
has introduced AB 1286 which clarifies and restates the
Legislature' s intent that the tax apply to the sale of all
economic poisons in California--both agricultural and
non-agricultural. In Contra Costa County, the mill tax generates
approximately $70,000 a year in revenue to the Agricultural
Commissioner. Fifty-four percent of this revenue comes from
non-agricultural economic poisons.
It is, therefore, important to the Agricultural Commissioner and
to the County General Fund that AB 1286 be enacted. Failure to
enact AB 1286 and/or failure of an appellate court to overturn
the ruling of the trial court would cost the Agriculture
Department something in excess of $35,000 a year in revenue.
The Agricultural Commissioner recommends that the Board support
AB 1286 and this office concurs in that recommendation.
CONTINUED ON ATTACHMENT: YES SIGNATURE: Az" A. !!`g ..
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
S 1 GNATURE S :
ACTION OF BOARD ON JLJnP_ 2, 1987 APPROVED AS RECOMMENDED OTHER _
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
Y_ UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
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cc: County Administrator ATTESTED JUN 2 %7
Agricultural Commissioner -
Jackson/Barish & Associates PHIL BATCHELOR, CLERK OF THE BOARD OF
Assemblyman Bill Jones SUPERVISORS AND COUNTY ADMINISTRATOR
M382/7-83 BY ,DEPUTY