AB 31 — Sales and use taxes: exemption: menstrual hygiene products.
Last action — From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Existing sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. Those laws provide various exemptions from those taxes, including, until July 1, 2023, an exemption for the sale of, or the storage, use, or other consumption of, menstrual hygiene products, defined as tampons, specified sanitary napkins, menstrual sponges, and menstrual cups. Existing law requires the Department of Finance, beginning on May 15, 2020, to estimate the total dollar amount of revenue that would have been credited to the Local Revenue Fund 2011 if not otherwise exempted under the sales and use tax exemption for menstrual hygiene products and requires the Controller to transfer that amount from the General Fund to the Local Revenue Fund 2011, a continuously appropriated fund, no later than June 30 of each fiscal year. This bill would establish a similar exemption for the sale of, or the storage, use, or other consumption of, menstrual hygiene products beginning July 1, 2023, and would define menstrual hygiene products to additionally include menstrual underwear. The bill would provide that the Department of Finance is required to calculate, and the Controller is required to transfer, the total dollar amount of revenue prior to January 1, 2024, that would have been credited to the Local Revenue Fund 2011 if not otherwise exempted under the sales and use tax with respect to menstrual hygiene products, as specified. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws. Existing law requires the state to reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse any local agencies for sales and use tax revenues lost by them pursuant to this bill. This bill would take effect immediately as a tax levy.
Bill Text
- Amended 07/23/20 - Amended Senate Current pdf July 23, 2020
- Amended 01/23/20 - Amended Assembly pdf January 23, 2020
- Amended 04/04/19 - Amended Assembly pdf April 04, 2019
- Introduced 12/03/18 - Introduced pdf December 03, 2018
- AB31 View text html
Action History
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F.
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Referred to Com. on GOV. & F.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 3901.)
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Assembly Rule 63 suspended. (Ayes 58. Noes 18. Page 3893.)
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Read second time. Ordered to third reading.
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Read second time and amended. Ordered returned to second reading.
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From committee: Amend, and do pass as amended. (Ayes 18. Noes 0.) (January 23).
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In committee: Hearing postponed by committee.
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In committee: Set, first hearing. Referred to APPR. suspense file.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 22). Re-referred to Com. on APPR.
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Re-referred to Com. on REV. & TAX.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended.
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In committee: Hearing for testimony only.
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Referred to Com. on REV. & TAX.
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From printer. May be heard in committee January 3.
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Read first time. To print.
Sponsors
- Mathis · Cosponsor
- Chang · Cosponsor
- Glazer · Cosponsor
- Rebecca Bauer-Kahan · Cosponsor
- Marc Berman · Cosponsor
- Bloom · Cosponsor
- Tasha Boerner · Cosponsor
- Sabrina Cervantes · Cosponsor
- Phillip Chen · Cosponsor
- Chu · Cosponsor
- Cunningham · Cosponsor
- Diep · Cosponsor
- Eggman · Cosponsor
- Friedman · Cosponsor
- Mike A. Gipson · Cosponsor
- Ash Kalra · Cosponsor
- Robert Garcia · Cosponsor
- Juan Carrillo · Cosponsor
- Joaquin Arambula · Cosponsor
- Jeff Gonzalez · Cosponsor
- Mia Bonta · Cosponsor
- Robert Garcia · Primary
- Kamlager · Cosponsor
- Levine · Cosponsor
- Monique Limón · Cosponsor
- Low · Cosponsor
- McCarty · Cosponsor
- O'Donnell · Cosponsor
- Cottie Petrie-Norris · Cosponsor
- Quirk · Cosponsor
- Sharon Quirk-Silva · Cosponsor
- Eloise Gómez Reyes · Cosponsor
- Rodriguez · Cosponsor
- Santiago · Cosponsor
- Buffy Wicks · Cosponsor
- Beall · Cosponsor
- Dodd · Cosponsor
- Hill · Cosponsor
- Mike McGuire · Cosponsor
- Mitchell · Cosponsor
- Skinner · Cosponsor
- Henry I. Stern · Cosponsor
- Wieckowski · Cosponsor
- Scott D. Wiener · Cosponsor
- Wilk · Cosponsor
- Blanca E. Rubio · Cosponsor
- Corey A. Jackson · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 46 co-sponsors · 75 not signed on
Sponsors (1)
- Garcia, Robert Democratic
Co-sponsors (46)
- Mathis
- Chang
- Glazer
- Bauer-Kahan, Rebecca Democratic
- Berman, Marc Democratic
- Bloom
- Boerner, Tasha Democratic
- Cervantes, Sabrina Democratic
- Chen, Phillip Republican
- Chu
- Cunningham
- Diep
- Eggman
- Friedman
- Gipson, Mike A. Democratic
- Kalra, Ash Democratic
- Garcia, Robert Democratic
- Carrillo, Juan Democratic
- Arambula, Joaquin Democratic
- Gonzalez, Jeff Republican
- Bonta, Mia Democratic
- Kamlager
- Levine
- Limón, Monique Democratic
- Low
- McCarty
- O'Donnell
- Petrie-Norris, Cottie Democratic
- Quirk
- Quirk-Silva, Sharon Democratic
- Reyes, Eloise Gómez Democratic
- Rodriguez
- Santiago
- Wicks, Buffy Democratic
- Beall
- Dodd
- Hill
- McGuire, Mike Democratic
- Mitchell
- Skinner
- Stern, Henry I. Democratic
- Wieckowski
- Wiener, Scott D. Democratic
- Wilk
- Rubio, Blanca E. Democratic
- Jackson, Corey A. Democratic
Not signed on (75)
75 members have not signed on to this bill.
Show all 75 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 51 | 0 | 0 | 1 |
| Democratic | 21 | 0 | 0 | 1 |
| Republican | 5 | 0 | 0 | 1 |
| Total | 77 | 0 | 0 | 3 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Mathis | — | Yea |
| Cooley | — | Yea |
| Diep | — | Yea |
| Chau | — | Yea |
| Quirk | — | Yea |
| Low | — | Yea |
| Burke | — | Yea |
| Cooper | — | Yea |
| Smith | — | Yea |
| Cunningham | — | Yea |
| Gonzalez | — | Yea |
| Bloom | — | Yea |
| Voepel | — | Yea |
| Rodriguez | — | Yea |
| Chiu | — | Yea |
| Gray | — | Yea |
| Maienschein | — | Yea |
| Mullin | — | Yea |
| Medina | — | Yea |
| Kamlager | — | Yea |
| Chu | — | Yea |
| Ting | — | Yea |
| McCarty | — | Yea |
| O'Donnell | — | Yea |
| Waldron | — | Yea |
| Salas | — | Yea |
| Brough | — | Yea |
| Gloria | — | Yea |
| Obernolte | — | Yea |
| Holden | — | Yea |
| Daly | — | Yea |
| Jones-Sawyer | — | Yea |
| Friedman | — | Yea |
| Nazarian | — | Yea |
| Weber | — | Yea |
| Fong | — | Yea |
| Kiley | — | Yea |
| Mayes | — | Yea |
| Frazier | — | Yea |
| Bigelow | — | Yea |
| Santiago | — | Yea |
| Eggman | — | Yea |
| Levine | — | Yea |
| Wood | — | Yea |
| Melendez | — | Yea |
| Rendon | — | Not Voting |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Yea |
| Luz Rivas | — | Yea |
| Mark Stone | — | Yea |
| Wendy Carrillo | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Boerner, Tasha | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Not Voting |
| Gabriel, Jesse | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Petrie-Norris, Cottie | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Ramos, James C. | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Chen, Phillip | Republican | Yea |
| Choi, Steven S. | Republican | Yea |
| Dahle, Megan | Republican | Yea |
| Flora, Heath | Republican | Yea |
| Gallagher, James | Republican | Not Voting |
| Lackey, Tom | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 5 | 0 | 0 | 0 |
| Unaffiliated | 12 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 18 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (18)
| Member | Party | Vote |
|---|---|---|
| Bloom | — | Yea |
| Fong | — | Yea |
| Brough | — | Yea |
| Maienschein | — | Yea |
| Bigelow | — | Yea |
| Quirk | — | Yea |
| Eggman | — | Yea |
| Gonzalez | — | Yea |
| Diep | — | Yea |
| Chau | — | Yea |
| Eduardo Garcia | — | Yea |
| Wendy Carrillo | — | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Petrie-Norris, Cottie | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Dahle, Megan | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 1 |
| Democratic | 2 | 0 | 0 | 0 |
| Total | 10 | 0 | 0 | 1 |
| % of votes cast | 91% | 0% | 0% | 9% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Burke | — | Yea |
| Mullin | — | Yea |
| Brough | — | Yea |
| Mayes | — | Yea |
| Ting | — | Yea |
| Chu | — | Yea |
| Melendez | — | Yea |
| Quirk | — | Yea |
| Gray | — | Not Voting |
| Petrie-Norris, Cottie | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
Subjects
Frequently asked questions
- What does AB 31 do?
- Existing sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. Those laws provide various exemptions from those taxes, including, until July 1, 2023, an exemption for the sale of, or the storage, use, or other consumption of, menstrual hygiene products, defined as tampons, specified sanitary napkins, menstrual sponges, and menstrual cups. Existing law requires the Department of Finance, beginning on May 15, 2020, to estimate the total dollar amount of revenue that would have been credited to the Local Revenue Fund 2011 if not otherwise exempted under the sales and use tax exemption for menstrual hygiene products and requires the Controller to transfer that amount from the General Fund to the Local Revenue Fund 2011, a continuously appropriated fund, no later than June 30 of each fiscal year. This bill would establish a similar exemption for the sale of, or the storage, use, or other consumption of, menstrual hygiene products beginning July 1, 2023, and would define menstrual hygiene products to additionally include menstrual underwear. The bill would provide that the Department of Finance is required to calculate, and the Controller is required to transfer, the total dollar amount of revenue prior to January 1, 2024, that would have been credited to the Local Revenue Fund 2011 if not otherwise exempted under the sales and use tax with respect to menstrual hygiene products, as specified. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws. Existing law requires the state to reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse any local agencies for sales and use tax revenues lost by them pursuant to this bill. This bill would take effect immediately as a tax levy.
- Who sponsors AB 31?
- AB 31 is sponsored by Mathis, Chang, Glazer, Bauer-Kahan, Rebecca (Democratic), Berman, Marc (Democratic), Bloom, Boerner, Tasha (Democratic), Cervantes, Sabrina (Democratic), Chen, Phillip (Republican), Chu, Cunningham, Diep, Eggman, Friedman, Gipson, Mike A. (Democratic), Kalra, Ash (Democratic), Garcia, Robert (Democratic), Carrillo, Juan (Democratic), Arambula, Joaquin (Democratic), Gonzalez, Jeff (Republican), Bonta, Mia (Democratic), Kamlager, Levine, Limón, Monique (Democratic), Low, McCarty, O'Donnell, Petrie-Norris, Cottie (Democratic), Quirk, Quirk-Silva, Sharon (Democratic), Reyes, Eloise Gómez (Democratic), Rodriguez, Santiago, Wicks, Buffy (Democratic), Beall, Dodd, Hill, McGuire, Mike (Democratic), Mitchell, Skinner, Stern, Henry I. (Democratic), Wieckowski, Wiener, Scott D. (Democratic), Wilk, Rubio, Blanca E. (Democratic), and Jackson, Corey A. (Democratic).
- What is the current status of AB 31?
- This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 31?
- Track AB 31 free on One Click Politics — get push/email alerts when it moves.
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