BILL ANALYSIS Ó AB 724 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 724 (Dodd and Frazier) As Amended April 14, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: | |(May 7, 2015) |SENATE: |39-0 |(August 1, 2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- (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 Page 2 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 Page 3 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