BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 717|
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                                   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  








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            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.  








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          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







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          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  







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          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


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