BILL ANALYSIS                                                                                                                                                                                                    

                                                                 AB 2533
                                                                 Page  1


         ASSEMBLY THIRD READING
         AB 2533 (Leno)
         As Amended April 17, 2006
         Majority vote 

          REVENUE & TAXATION  7-0        APPROPRIATIONS       18-0         
          
          ------------------------------------------------------------------ 
         |Ayes:|Klehs, Walters,          |Ayes:|Chu, Sharon Runner, Bass,   |
         |     |Canciamilla, Chu,        |     |Berg, Calderon, De La       |
         |     |DeVore, Jones, Lieber    |     |Torre, Emmerson, Haynes,    |
         |     |                         |     |Karnette, Klehs, Leno,      |
         |     |                         |     |Nakanishi, Nation, Oropeza, |
         |     |                         |     |                            |
         |     |                         |     |Ridley-Thomas, Saldana,     |
         |     |                         |     |Walters, Yee                |
         |-----+-------------------------+-----+----------------------------|
         |     |                         |     |                            |
          ------------------------------------------------------------------ 
          SUMMARY  :  Provides an exemption from Sales and Use Tax (SUT) to  
         original works of art leased for 35 years or more from one nonprofit  
         organization to another, or leased by a state or local government.  

          EXISTING LAW  :

         1)Provides a SUT exemption for sales of original works of art, as  
           specified, items which have value as museum pieces, as specified,  
           and certain purchases of public art by the state or any local  
           government entity for display to the public in public places, as  
           specified.

         2)Does not provide an exemption for long-term leases of original  
           works of art from one non-profit organization to another  
           non-profit organization.

          FISCAL EFFECT  :  According to the Board of Equalization, state  
         revenue loss of $23,625 in fiscal year (FY) 2006-07, $18,375 in FY  
         2007-08, and $15,750 in FY 2008-09.

          COMMENTS  :  According to the author, this bill is intended to expand  
         the current sales tax exemption to include the long-term lease of  
         artwork from one non-profit organization to another.  Last year, the  
         Autry Center entered into a long-term collections sharing agreement  
         with the California Historical Society.  Sixty major paintings and  
         over 600 articles of rare dress and clothing, all pertaining to  
         California's early history, will be stored and exhibited by the  
         Autry Center at its Museum of the American West in Los Angeles.  The  
         Autry Center will assume general curatorial control of the  




                                                                 AB 2533
                                                                 Page  2


         collection, storage and transit responsibilities, and exhibition  
         space and public access responsibilities.  In return, the Autry  
         Center will contribute $3.5 million to the California Historical  
         Society, over a 15-year period.  These works of art have largely  
         been inaccessible to the public for over 75 years.

         Committee staff note that this bill could set a precedent for  
         extending sales tax exemptions for leasing agreements of other goods  
         to non-profits and government entities (e.g., schools, fire  
         districts, and police departments).

         Supporters note that, "[T]his bill will support collection-sharing  
         efforts and an innovative partnership between two respected  
         California museums, the California Historical Society and the Autry  
         National Center, while also serving as a model for other museums  
         across the state.  They continue, "Museums contribute significantly  
         to the state's arts and cultural landscape by serving over 26  
         million visitors annually, acting as a repository for California  
         natural and cultural history, and providing and supporting  
         educational programs for all ages."
          
         Analysis Prepared by  :  Sabrina Landreth / REV. & TAX. / (916)  
         319-2098                                               FN: 0014137