COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 0690-02

Bill No.: SB 272

Subject: Taxation and Revenue; Tax Credits; Economic Development; Kansas City; Urban Redevelopment

Type: Original

Date: January 29, 2003




FISCAL SUMMARY



ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED FY 2004 FY 2005 FY 2006
Total Estimated

Net Effect on

General Revenue

Fund

$0 $0 $0



ESTIMATED NET EFFECT ON OTHER STATE FUNDS
FUND AFFECTED FY 2004 FY 2005 FY 2006
None
Total Estimated

Net Effect on Other

State Funds

$0 $0 $0



Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 4 pages.











ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2004 FY 2005 FY 2006
None
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2004 FY 2005 FY 2006
Local Government $0 $0 $0




FISCAL ANALYSIS



ASSUMPTION



Officials from the Department of Revenue (DOR) state they do not anticipate a significant increase in the number of new credits filed. Therefore, DOR will not request additional FTE at this time.

However, if DOR is incorrect in this assumption, they will need one Tax Processing Tech I for every 10,000 additional credits claimed by this legislation. DOR will monitor the credit and if FTE are needed, the request will be made through the normal budgetary system.



DOR defers to the Department of Economic Development or the Office of Administration - Budget and Planning for a revenue impact estimate.



Officials from the Department of Economic Development (DED) state the current funding for Neighborhood Preservation Tax credits is fixed, and this proposal would not increase the amount of tax credits. Therefore, DED assumes the proposal would not have a fiscal impact on their department.





ASSUMPTION (continued)



Officials from Christian County, Greene County, the City of Kansas City and the City of St. Louis did not respond to our request for fiscal impact.



Oversight assumes the changes made to the Neighborhood Preservation tax credit program will not change the annual cap of $16 million, or $8 million each for the qualifying areas and the eligible areas. According to DED, in calendar years 2001 and 2002, the entire pot of $8 million in credits for "qualifying" areas were authorized, but of the $8 million for "eligible areas", only $4 million and $7 million respectively were authorized. The fiscal note prepared for the enabling legislation for this program reflected a loss of state funds of $0 to ($16 million) annually starting in FY 2001. Therefore, while this proposal may result in an increased utilization of the Neighborhood Preservation tax credit program, Oversight assumes the cap on the program has not changed from the $16 million reflected in the fiscal note for SB 20 in 1999, and therefore, assume no additional fiscal impact from the changes in this program.



FISCAL IMPACT - State Government FY 2004

(10 Mo.)

FY 2005 FY 2006
$0 $0 $0





FISCAL IMPACT - Local Government FY 2004

(10 Mo.)

FY 2005 FY 2006
$0 $0 $0



FISCAL IMPACT - Small Business



Small businesses that qualify for the tax credit may be fiscally impacted by this legislation.



DESCRIPTION



This proposal makes various modifications relating to tax credits for distressed communities. With regard to the Rebuilding Communities and Neighborhood Preservation Act, the proposal:





DESCRIPTION (continued)



(1) Expands the definition of "eligible residence" to include condominiums, entire apartment buildings, or single apartments within an apartment building;



(2) Expands the definition of "new residence" to include separate adjacent single-family units regardless of whether or not these units are located in a distressed community, and includes Christian and Greene

counties as a possible location for new residences meeting the definition of such term under current law;



(3) Expands the definition of "project" to include the new construction, rehabilitation, or substantial rehabilitation of multiple residences, whether comprised of one structure containing multiple single-family residences or multiple individual structures, in addition to single residences;



(4) Expands the definition of "qualifying residence" to include Kansas City;



(5) Increases the value of the eligible residence tax credit from 15% of eligible costs to 20% of eligible costs, and increases the credit from $25,000 over 10 years to $40,000 over 10 years; and



(6) Increases the value of the qualifying residence tax credit from 15% of eligible costs to 20% of eligible costs up to $40,000 over 10 years.



This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.



SOURCES OF INFORMATION



Department of Revenue

Department of Economic Development



NOT RESPONDING: Christian County; Greene County; Kansas City; St. Louis









Mickey Wilson, CPA

Director

January 29, 2003