BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 717| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 717 Author: Gonzalez (D), et al. Amended: 1/21/16 in Assembly Vote: 21 SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 5/11/16 AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach, Pavley SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16 AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen ASSEMBLY FLOOR: 76-0, 1/28/16 - See last page for vote SUBJECT: Sales and use taxes: exemption: diapers SOURCE: Author DIGEST: This bill provides a temporary sales and use tax (SUT) exemption for diapers designed, manufactured, processed, fabricated, or packaged for use by infants and toddlers, designated size 3 or under. ANALYSIS: Existing law: 1)Imposes a SUT on the sale, storage, or use of tangible AB 717 Page 2 personal property unless exempted by state law. 2)Provides that the current state SUT is 7.5%, but beginning January 1, 2017, the state SUT rate on tangible personal property will be 7.25%. 3)Allows cities and counties to 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. This bill: 1)Establishes a temporary SUT exemption for diapers designed, manufactured, processed, fabricated, or packaged for use by infants and toddlers, designated size 3 or under. 2)Provides that the state shall not reimburse any local agency for SUT revenues lost as a result of this exemption. 3)Remains in effect until January 1, 2022. Background Existing federal law classifies diapers with cigarettes, alcohol, and pet food as disallowed purchases under CalFresh and the California Special Supplemental Food Program for Women, Infants, and Children. However, both the Head Start (serving children three to five years old) and Early Head Start (serving children under three years) programs must provide diapers and formula to participants who need them. The state can supplement this benefit by providing TANF (Temporary Assistance for Needy Families), CalWORKs, CalFresh, and California Special Supplemental Food Program for Women, Infants, and Children recipients with diapers. AB 717 Page 3 In 2014, AB 1516 (Gonzalez) would have established a young child special needs supplement of $80 per month within the CalWORKs program for each child younger than two years of age in an assistance unit. AB 1516 was held on the Senate Appropriations Committee's Suspense File. This year's AB 492 (Gonzalez) provides that necessary supportive services would include vouchers in the amount of $50 per month for diaper products for every child two years of age or younger enrolled in child care, as specified. AB 492 is currently pending in the Senate Committee on Human Services. A targeted approach, like that in AB 492 may aid more low income families, while an SUT exemption benefits all families, regardless of income, that purchase diapers. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Senate Appropriations Committee, BOE estimates that this bill would result in an annual state and local revenue loss of $35 million, $17 million of which would be General Fund. The agency would incur absorbable implementation costs. SUPPORT: (Verified8/12/16) 9 to 5 California ACCESS Women's Health Justice Alliance of Californians for Community Empowerment American Academy of Pediatrics, California District IX American Association of University Women A Stronger California Network Black Women for Wellness Board of Equalization California Employer Law Center California Immigrant Policy Center California Latinas for Reproductive Justice California Partnership California Primary Care Association AB 717 Page 4 California Retailer's Association California Women's Law Center California Work and Family Coalition Career Ladders Project Child Care Law Center City of Glendale Common Sense Kids Action Courage Campaign Diane L. Harkey, Board of Equalization Member Equal Rights Advocates Fiona Ma, Board of Equalization Member Forward Together George Runner, Board of Equalization Member Help a Mother Out Mujeres Unidas Y Activas National Center for Youth Law National Council of Jewish Women California Policy Advocacy Network National Diaper Bank Network National Domestic Workers Alliance Next Generation Parent Voices Raising California Together San Diego County Taxpayers Association The Center for Popular Democracy TradesWomen Inc. UC Berkeley Center on Reproductive Rights and Justice UltraViolet Western Center on Law and Poverty Women's Foundation of California OPPOSITION: (Verified8/12/16) California State Association of Counties California Tax Reform Association ARGUMENTS IN SUPPORT: According to the author, "It is time for California's tax code to reflect the fact that diapers are an absolute health necessity for young children. By updating our tax code to accurately identify diapers as a necessity of life we can also make them more affordable. The high price of AB 717 Page 5 diapers has a cost for public health and our economy. Diaper need puts families in the position of changing their children's diapers less often which has unhealthy consequences ranging from diaper rash to infections requiring medical treatment. It also creates a barrier between parents and gainful employment when families cannot afford the number of diapers required by childcare providers." ARGUMENTS IN OPPOSITION: Opponents argue that SUT exemptions continue to erode the already shrinking local sales tax base. Cities and counties continue to struggle financially, and SUT exemptions only further exacerbate the issue. ASSEMBLY FLOOR: 76-0, 1/28/16 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, O'Donnell, Olsen, Patterson, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins NO VOTE RECORDED: Jones-Sawyer, Mathis, Obernolte Prepared by:Myriam Bouaziz / GOV. & F. / (916) 651-4119 8/15/16 20:01:56 **** END ****