RELEASE: AG Derek Schmidt proposes to eliminate state sales tax on diapers, feminine hygiene products

Press Release

Date: Sept. 6, 2022
Location: Topeka, KS
Issues: Taxes

Kansas Attorney General and Republican Nominee for Governor Derek Schmidt today announced his plan to eliminate state sales tax on diapers and feminine hygiene products within his first 100 days in office.

Derek Schmidt and Katie Sawyer tour the facilities of Giving the Basics in Kansas City, Kansas before announcing their proposal to eliminate sales tax on diapers and feminine hygiene products.

"Joe Biden's inflation is hurting everyone, and the truth is Laura Kelly keeps making daily life less affordable for Kansans," Schmidt said. "Other governors in our region, both Democrat and Republican, have stepped up and made this a priority to provide relief to young women, mothers, and families. Kansas ought to be making their daily life more affordable too. That's what our plan will do."

Biden's liberal spending in Washington has led to the worst inflation in 40 years, and Kelly has made it worse with liberal spending here in Kansas. In her four years in office, Kelly has increased overall annual state spending by $6 billion, including $1.8 billion funded by general state taxes. On her watch, the state is spending $22.9 billion in fiscal year 2023, a whopping 35.5 percent more than the $16.9 billion in fiscal year 2019. At the same time, Kansas has fewer people working in the private sector, flat population growth, and the aforementioned record-high inflation to show for it. On top of it all, the Kelly administration has recommended increasing income taxes on Kansans who earn more than $50,000 per year.

Schmidt's plan would instead provide relief to young, working Kansas families struggling with the rising everyday costs of inflation. It will extend to diapers and feminine hygiene products the existing state sales tax exemption for other essential health items.

"This is tax policy that will not only provide some necessary relief to Kansas families who need it right now, but it's also based in fairness and common sense," Republican Nominee for Lieutenant Governor Katie Sawyer said. "We already exempt everyday items such as prescription drugs and eyeglasses. Diapers and feminine hygiene products are just as essential. This plan is pro-women, pro-mothers and pro-family."

This is the second tax-relief proposal Schmidt has offered in his campaign for governor. In June, he proposed his Retire Tax Free plan to eliminate Kansas income tax on Social Security benefits, pensions and distributions from dedicated retirement accounts like 401k's.

BACKGROUND: Kansas is one of 28 states that currently tax diapers and feminine hygiene products at the full state sales tax rate; the other 22 states exempt one or both from tax. In Kansas, other essential health items like prescription drugs, insulin, prosthetic devices, and mobility enhancing equipment like crutches, eyeglasses, and wheelchairs are already exempt from state sales tax.

Recently, Iowa and Colorado have moved to exempt diapers and feminine hygiene products from sales tax. Nebraska has enacted a law that will soon go into effect exempting feminine hygiene products from sales tax. Missouri exempts diapers from sales tax during its back-to-school tax holiday.

PROPOSAL: Eliminate all state sales tax on diapers and feminine hygiene products, defined as tampons, pantyliners, menstrual cups, and sanitary napkins.

Lawmakers in Iowa have estimated their law, which Schmidt's proposal mirrors, would save Iowans about $11.5 million annually. Given Iowa's similar population and sales tax rate to Kansas, Schmidt estimates his plan would provide similar savings for Kansans.


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