Proposition A Tax Collection to Stop, Pending Its Appeal

The state’s tax collection agency has voted conditionally to stop collecting by Jan. 22 the half-cent sales tax for San Diego County court and jail construction that was recently ruled unconstitutional by the state Supreme Court.

The unanimous decision was approved Thursday by the five-member State Board of Equalization, which collects the sales tax from vendors and turns the money over to the county, said San Diego-area board member Ernest J. Dronenburg Jr.

However, the board made it clear that it will continue collecting the tax if the high court decides to review the county’s petition for a new hearing on the Dec. 19 decision that threw into confusion the future of more than $330 million in tax revenues collected since 1989.

In a letter to county leaders who are fighting the Supreme Court ruling, Board of Equalization Executive Director Burton W. Oliver said board members believe that they have no legal authority to continue collecting a tax that has been ruled unconstitutional.

Oliver added: “It is important to note that, because petitions for rehearing are presently pending in the Supreme Court, the Jan. 22, 1992 date is subject to change based upon any further action which might be taken by the California Supreme Court before its determination becomes final.”

The court has until Jan. 21 to decide whether to hear the petitions by county leaders. It could also decide at that time to take another 30 days to consider the petitions, in which case the state will continue collecting the sales tax, Dronenburg said.