BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNANCE AND FINANCE
                         Senator Robert M. Hertzberg, Chair
                                2015 - 2016  Regular 

                              
          
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          |Bill No:  |AB 724                           |Hearing    |6/15/16  |
          |          |                                 |Date:      |         |
          |----------+---------------------------------+-----------+---------|
          |Author:   |Dodd                             |Tax Levy:  |Yes      |
          |----------+---------------------------------+-----------+---------|
          |Version:  |4/14/16                          |Fiscal:    |Yes      |
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          |Consultant|Bouaziz                                               |
          |:         |                                                      |
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               Sales and use taxes:  exemption:  museum displays:  Jimmy  
                 Doolittle Air and Space Museum Education Foundation



          Provides a sales and use tax exemption for the purchase of  
          museum display items and sprung instant structures purchased by  
          the Jimmy Doolittle Air and Space Museum Education Foundation.


           Background 

           State law imposes a sales and use tax (SUT) on the sale,  
          storage, or use of tangible personal property unless exempted by  
          state law.  The current state SUT rate is 7.5%, but beginning  
          January 1, 2017, the state SUT rate on tangible personal  
          property will be 7.25%.  Cities and Counties may increase the  
          SUT rate up to 2% as a transactions and use tax for either  
          specific or general purposes with voter approval as required by  
          the California Constitution.

          State law provides several sales and use tax exemptions related  
          to museums, as follows:

                 Original works of art when they are, among other things,  
               purchased by a California state or local entity, or by  
               certain nonprofit organizations under contract with  
               governmental entities, by certain nonprofit organizations  
               for public exhibit, or by persons for donation directly to  
               any governmental or nonprofit organization.







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                 Museum pieces purchased to replace destroyed property  
               used exclusively for display purposes when purchased within  
               three years from the date the property was destroyed by (1)  
               the state or a local government entity as part of a public  
               art collection, (2) a nonprofit museum regularly open to  
               the public and operated by a local or state government  
               entity, or (3) operated by certain nonprofit organizations.

                 Purchases of museum display items and sprung instant  
               structures (structures that serve as temporary buildings to  
               house exhibits) purchased by the San Diego Air and Space  
               Museum's and the California Science Center's. 


           Proposed Law

           Assembly Bill 724 provides a sales and use tax exemption for the  
          purchase of museum display items and sprung instant structures  
          used as temporary exhibit housing purchased by the Jimmy  
          Doolittle Air and Space Museum Education Foundation.

          AB 724 makes legislative findings and declarations as to the  
          necessity of a special statute for the Jimmy Doolittle Air and  
          Space Museum Education Foundation.


           State Revenue Impact

           According to the Board of Equalization (BOE), this bill would  
          result in a one-time state and local revenue loss of $39,000.


           Comments

          1.   Purpose of the bill.   According to the author, "AB 724 would  
          provide the Jimmy Doolittle Air and Space Museum Education  
          Foundation the rare opportunity to purchase the fully restored  
          "Shell Lockheed Vega" piloted by General Doolittle himself.   
          This largely volunteer supported nonprofit museum received a  
          generous private donation covering 50% of the cost of purchasing  
          the Vega.  Because of limited funding sources, an exemption from  
          paying sales and use tax on this purchase would allow the museum  
          to more easily fundraise the remaining cost of this historic  








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          aircraft.  Such an exemption is not precedent setting; two  
          similar exemptions have been approved for museums seeking  
          educational displays for public benefit."

          2.   History lesson.   In 1986, the sales and use tax exemption  
          for the San Diego Air and Space Museum's purchase of museum  
          display items was enacted.  In 1988, the exemption was extended  
          to the California Science Center.  In 1992, the Legislature  
          again expanded the exemption to include sprung instant  
          structures purchased by these entities for use as temporary  
          exhibit housing.  Other measures have been considered in the  
          past to further expand this exemption to include purchases by  
          the Museum of Flying, the March Field Museum Foundation, and the  
          Air Force Flight Test Center Museum, but all of them ultimately  
          failed.

          3.   What about me?   Currently, only the San Diego Air and Space  
          Museum and the California Science Center are exempted from sales  
          and use tax for purchases of museum display items and sprung  
          instant structures used as temporary exhibit housing.  Ensuring  
          that the public is able to learn about various subjects and view  
          displays by visiting museums is a laudable goal and should be a  
          policy priority.  However, why should a couple of museums  
          benefit from a sales and use tax exemption, while others do not?  
           The Committee may wish to consider what policy rationale to  
          apply when distinguishing between museums with sales and use tax  
          exemptions from museums subject to sales and use tax.


           Assembly Actions

           Not relevant to this version of the bill.


           Support and  
          Opposition   (6/9/16)


           Support  :  City of Vacaville; Fiona Ma, Board of Equalization  
          Member; George Runner, Board of Equalization Member; Jimmy  
          Doolittle Air and Space Museum Education Foundation; Solano  
          County - Nut Tree Airport.

           Opposition  :  Unknown.








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