AB 2363 California Assembly · 2021-2022 Regular Session

Property taxation: welfare exemption: museums.

Summary
Pursuant to constitutional authorization, existing property tax law provides a welfare exemption, pursuant to which property used exclusively for religious, hospital, scientific, or charitable purposes owned and operated by specified types of entities is exempt from taxation if it meets certain criteria, including that the property is used for the actual operation of the exempt activity, and does not exceed an amount of property reasonably necessary to the accomplishment of the exempt purpose. Under existing property tax law, property used exclusively for the charitable purposes of museums owned and operated by a religious, hospital, scientific, or charitable fund, foundation, limited liability company, or corporation that meets these criteria is deemed to be within the welfare exemption. Existing property tax law requires a person claiming the welfare exemption to file that claim with the assessor and obtain an organizational clearance certificate from the State Board of Equalization, as provided. This bill would define the term "museum" for these purposes. The bill would provide that property used exclusively for the charitable purposes of museums includes property that a museum makes available for special events, including private rental events for its individual or corporate members, that provide access to the museum's exhibitions, collections, or other educational offerings as part of the events, or that the museum makes available to other nonprofit or government organizations for charitable or governmental purposes, regardless of whether the museum charges any fee or receives charitable contributions in connection with those special events. The bill would further provide that these special event uses shall be considered related to the primary charitable purposes of museums and reasonably necessary or incidental to those purposes. The bill would repeal these provisions on January 1, 2029. By adding to the duties of assessors in administering the welfare exemption, this bill would impose a state-mandated local program. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would apply these requirements to the bill and would, among other things, require the State Board of Equalization to submit, by December 1, 2023, and on or before each December 1 thereafter until December 1, 2029, certain data in a report to the Legislature, as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Existing law requires the state to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. This bill would provide that, notwithstanding those provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. This bill would take effect immediately as a tax levy.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2022
Committee Review
Floor Vote
Governor
Introduced Feb 16, 2022 Last action May 19, 2022
Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
13
Key actions
5
Committee
9
Amendments
2
May 19, 2022
Lower · Passed
In committee: Held under submission.
lower
May 18, 2022
Committee
In committee: Set, first hearing. Referred to suspense file.
lower
May 5, 2022
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (May 5). Re-referred to Com. on APPR.
lower
Apr 20, 2022
Committee
Re-referred to Com. on REV. & TAX.
lower
Apr 19, 2022
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended.
lower
Apr 4, 2022
Lower · Passed
In committee: Hearing for testimony only.
lower
Mar 22, 2022
Committee
Re-referred to Com. on REV. & TAX.
lower
Mar 21, 2022
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended.
lower
Mar 17, 2022
Lower · Passed
In committee: Hearing postponed by committee.
lower
Mar 3, 2022
Committee
Referred to Com. on REV. & TAX.
lower
Feb 17, 2022
Lower · Passed
From printer. May be heard in committee March 19.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Mia Bonta
Mia Bonta
DDemocratic
CA
18