BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 898 (Nguyen) - Sales and use taxes:  exemption:  animal blood
          
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          |Version: April 25, 2016         |Policy Vote: GOV. & F. 7 - 0    |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: May 2, 2016       |Consultant: Robert Ingenito     |
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          This bill meets the criteria for referral to the Suspense File.


          


          Bill  
          Summary: SB 898 would provide a sales and use tax (SUT)  
          exemption for the sale of animal blood.


          Fiscal  
          Impact: The Board of Equalization (BOE) estimates that this bill  
          would result in an annual revenue loss of $158,000, $76,000 of  
          which would be General Fund. The remainder of the reduction  
          would impact local governments. Additionally, BOE indicates that  
          the bill would result in minor and absorbable implementation  
          costs. 


          Background: Except where a specific exemption or exclusion is provided,  
          current law imposes the SUT on all retailers for the privilege  
          of selling tangible personal property (TPP) at retail in  
          California, or on the storage, use, or other consumption in this  







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          state of TPP purchased from a retailer. Cities and Counties may  
          increase the SUT rate up to 2 percentage points for either  
          specific or general purposes with a vote of the people. As of  
          January 1, 2017, the average statewide SUT rate will be 8.21  
          percent.
          The Legislature has exempted certain tangible goods from SUT,  
          including food, prescription medicine, household utilities,  
          manufacturing equipment, and a variety of goods related to  
          agriculture. Generally, purchases by nonprofits, public  
          agencies, and charities are subject to SUT, unless otherwise  
          exempted.


          Current law exempts from SUT human whole blood, plasma, blood  
          products, blood derivatives, or any human body parts held in a  
          bank for medical purposes. This exemption does not apply to  
          animal blood and blood products.




          Proposed Law:  
          This bill would provide for a SUT exemption for the sale of  
          animal blood, plasma, blood products, and blood derivatives,  
          sold for use in the cure, mitigation, treatment, or prevention  
          of injury or disease in animals. Additionally, the bill would  
          require BOE to cancel any current notice of determination and  
          any related penalties and interest, and preclude BOE from  
          issuing a new notice of determination.


          Staff  
          Comments: The California Department of Food and Agriculture  
          indicates that only two animal blood bank establishments hold  
          licenses to produce, market, and sell animal blood and blood  
          products. These facilities provide whole blood, plasma,  
          platelets, and clotting factors to veterinary hospitals and  
          clinics. The blood used to make these products is collected from  
          one of the animal "blood donors" housed permanently or  
          semi-permanently at the blood bank. California law does not  
          allow pet owners to volunteer their animals as donors to these  
          commercial blood banks.
          BOE assumes that state animal blood product sales total roughly  
          $2 billion annually. It also assumes the expiration of the  








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          temporary quarter-cent increase SUT approved by the voters in  
          2012 (Proposition 30). 




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