Nevada lawmakers question ‘pink tax’ proposal

By Sandra Chereb Review-Journal Capital Bureau

8 years ago

Nevada Assemblywoman Sandra Jauregui, D-Las Vegas, before Nevada Gov. Brian Sandoval’s final State of the State address at the Legislative Building in Carson City on Tuesday, Jan. 17, 2017. (Chase Stevens/Las Vegas Review-Journal) @csstevensphoto

In this June 22, 2016 file photo, boxes of tampons are displayed at Compton’s Market in Sacramento, Calf. (AP Photo/Rich Pedroncelli,File)

Nevada Assemblywoman Sandra Jauregui, D-Las Vegas, during Nevada Gov. Brian Sandoval’s final State of the State address at the Legislative Building in Carson City on Tuesday, Jan. 17, 2017. (Chase Stevens/Las Vegas Review-Journal) @csstevensphoto

CARSON CITY — A Nevada Assembly committee got its turn Thursday to consider exempting feminine hygiene products from state sales tax.

A similar proposal, Senate Bill 415, was previously heard in the Senate and is awaiting committee action.

Assembly Bill 402, sponsored by Assemblywoman Sandra Jauregui, D-Las Vegas, goes beyond the Senate measure to include an exemption for diapers.

Both bills would establish a legislative finding that removal of the tax is warranted, thereby sending it to voters in 2018. Because Nevada’s Sales and Use Tax was a referendum passed by voters in the 1950s, it cannot be changed except by a direct vote of the people.

Supporters of exempting feminine hygiene products argue women should not be penalized because of their biology and the tax amounts to gender inequality. Likewise, they argue those items as well as diapers are a necessity and not a luxury that should be taxed.

Jock strap exemption?

Some male members of the committee questioned the need for the exemption.

Assembly Minority Leader Paul Anderson, R-Las Vegas, asked why the issue has become a movement around the country. He noted an exemption would benefit wealthy families as well as the poor.

Assemblyman Keith Pickard, a Henderson Republican and father of seven, including four daughters, said as a tax policy the state has to “draw a line somewhere.”

Assemblyman Jim Marchant, R-Las Vegas, asked if his jock strap could be added as an exemption.

Eight states and the District of Columbia exempt feminine hygiene products from sales tax. Another eight exempt diapers. Additionally, 12 states are considering exemptions for tampons and sanitary napkins, while one, Arizona, is considering an exemption for diapers, according to the testimony presented Thursday to the Assembly Committee on Taxation.

Five states do not impose any sales tax.

Jauregui cited research from the National Diaper Network that said more than 105,000 Nevada children are under the age of 3, and 27 percent of families live in poverty. The exemption would also include adult diapers.

A baby can go through 7,000 diapers by the time they outgrow the need, with total costs estimated from $2,000 to $2,900.

The Nevada Taxpayers Association and Retailers Association of Nevada testified neutral on the bill but noted general concerns that any exemption reduces tax revenues.

Bryan Wachter with the retailers said it is difficult to project how much it would cost state coffers, but offered a rough estimate of $6.5 million a year.

No action was taken Thursday by the committee.

Contact Sandra Chereb at schereb@reviewjournal.com or 775-461-3821. Follow @SandraChereb on Twitter.