BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 724


                                                                    Page  1


          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          724 (Dodd and Frazier)


          As Amended  April 14, 2016


          Majority vote


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          |ASSEMBLY:  |      |(May 7, 2015)  |SENATE: |39-0  |(August 1, 2016) |
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                 (vote not relevant)




          Original Committee Reference:  HEALTH


          SUMMARY:  Establishes a sales and use tax (SUT) exemption for  
          tangible personal property (TPP) purchased by the Jimmy  
          Doolittle Air and Space Museum Education Foundation for display  
          purposes.  


          The Senate amendments delete the Assembly version of this bill  
          and instead:


          1)Expand the existing SUT exemption for TPP purchased by  
            specified nonprofit museums for display purposes to include  
            the Jimmy Doolittle Air and Space Museum Education Foundation.  
             










                                                                     AB 724


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          2)Provide that, notwithstanding existing law, the state shall  
            not reimburse any city or county for any SUT revenues lost as  
            a result of this bill.  


          3)Contain findings and declarations that a special law is  
            necessary and that a general law cannot be made applicable  
            within the meaning of the California Constitution Article IV,  
            Section 16 because of the unique fiscal pressures experienced  
            by the Jimmy Doolittle Air and Space Museum Education  
            Foundation in promoting this country's aviation history and  
            encouraging patriotic endeavors by providing impactful  
            experiences through interactive aviation exhibits.  


          4)Provide that this bill shall take immediate effect as a tax  
            levy.  


          EXISTING LAW:  


          1)Imposes a sales tax on retailers for the privilege of selling  
            TPP, absent a specific exemption.  The tax is based upon the  
            retailer's gross receipts from TPP sales in this state.
          2)Imposes a complimentary use tax on the storage, use, or other  
            consumption of TPP purchased out-of-state and brought into  
            California.  The use tax is imposed on the purchaser; and  
            unless the purchaser pays the use tax to an out-of-state  
            retailer registered to collect California's use tax, the  
            purchaser remains liable for the tax.  The use tax is set at  
            the same rate as the state's sales tax and must generally be  
            remitted to the State Board of Equalization.


          3)Provides a SUT exemption for TPP purchased by the San Diego  
            Air & Space Museum and the California Science Center if the  
            property is purchased and used exclusively for display  
            purposes within the museum, as provided.  











                                                                     AB 724


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          AS PASSED BY THE ASSEMBLY, this bill added district fairs as a  
          type of "community event" in the California Retail Food Code.  


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.


          COMMENTS:  This bill was substantially amended in the Senate and  
          the Assembly-approved provisions of the bill were deleted.  This  
          bill, as amended in the Senate is inconsistent with Assembly  
          actions.  


          Analysis Prepared by:                                             
                          M. David Ruff / REV. & TAX. / (916) 319-2098   
          FN: 0003629