Know Your Ballot Carson City: Question 2, Feminine Hygiene Tax Exemption

In the upcoming midterm election Nevada voters will be faced a question of tax exemption. If adopted, Question 2 would create a state and local sales tax exemption for feminine hygiene products.

The measure would define feminine hygiene products as sanitary napkins and tampons. As of February 1, 2018, 14 states have a sales tax exemption on feminine hygiene products.

There are numerous items that are tax exempt already in Nevada, including prosthetic devices, orthotic appliances, supports and casts, supplies used in ostomies, products used for hemodialysis, and medicines.

The legislature's 38 Democrats, one independent, and 21 of 24 Republicans approved the bill, and Gov. Brian Sandoval signed the measure.

Nevada has a citizen-initiated process called statute affirmation. So far, no other state has this process, which makes it impossible for the state legislature to amend certain laws without voter permission.

In the process of statute affirmation, voters collect signatures in order to place a question on the ballot asking the citizens of the state to affirm an existing state law. If a majority of voters affirm the law, the state legislature is then barred from ever amending the law without voter permission.

Voters approved a statute affirmation on the Sales and Use Tax Act of 1955 in 1956. Therefore, the legislature needs to send all changes to this act to the ballot for voter approval.

The Nevada Senate passed the bill unanimously.

In the State Assembly, both republicans and democrats voted and overwhelming yes, with the exception of Jim Marchant, and Richard McArthur, two republicans from Las Vegas.

The Assemblymen did not return calls for a comment on why they voted no.

Some current sales tax exemptions in Nevada include:

NAC 372.540 The sale of seeds which will be used as feed.
NAC 372.605 Food, Prepared for immediate consumption
NAC 372.625 Textbooks
NAC 372.630-660 Newspapers: Sales of property for resale, paper and ink, photographs, type metals, advertising books, mats and mat accessories.
NAC 372.680 Sales to United States
     (a) The departments of the United States such as the Department of Defense and Department of the Navy and to the various unincorporated independent offices, agencies and establishments of the government.
     (b) Corporations which are wholly owned either by the United States or by other corporations which are wholly owned by the United States.
NAC 372.695 Sales to State of Nevada: Applicability to credit union
NAC 372.698 Sales of certain medical devices to governmental entities
NAC 372.700 Charitable, religious or educational organizations
NAC 372.702 Apprenticeship programs

and more.

For more information on Question 2, click here.

For more information on the elections, including polling locations and dates, click here.

Nevada General Election: Nov 6, 2018
Early Voting: Oct 20, 2018 - Nov 2, 2018

Know Your Ballot Carson City: Question 1, Marsy’s Law

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