COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 4000-01

Bill No.: SB 1118

Subject: Taxation and Revenue - Sales and Use; Cooperatives

Type: Original

Date: February 11, 2004




FISCAL SUMMARY



ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED FY 2005 FY 2006 FY 2007
General Revenue (Unknown) (Unknown) (Unknown)
Total Estimated

Net Effect on

General Revenue

Fund

(UNKNOWN) (UNKNOWN) (UNKNOWN)



ESTIMATED NET EFFECT ON OTHER STATE FUNDS
FUND AFFECTED FY 2005 FY 2006 FY 2007
School District Trust (Unknown) (Unknown) (Unknown)
Conservation (Unknown) (Unknown) (Unknown)
Parks and Soil (Unknown) (Unknown) (Unknown)
Total Estimated

Net Effect on Other

State Funds

(UNKNOWN) (UNKNOWN) (UNKNOWN)



Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 4 pages.









ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2005 FY 2006 FY 2007
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2005 FY 2006 FY 2007
Local Government (UNKNOWN) (UNKNOWN) (UNKNOWN)




FISCAL ANALYSIS



ASSUMPTION



Officials of the Department of Revenue (DOR) assume this legislation adds an exemption to Section 144.303, RSMo allowing new generation cooperatives (formed pursuant to Chapter 274 or incorporated pursuant to Chapter 357) to be exempt from sales tax when purchasing natural gas. DOR assumes this proposal would not fiscally impact their agency.



Officials of the Office of Administration, Budget and Planning (BAP) assume this bill would provide a sales tax exemption for natural gas used by eligible new generation cooperatives as defined in Section 348.432, RSMo. The proposal would negatively impact the General Revenue Fund. BAP has no empirical basis for estimating the fiscal impact and thus defers to the Department of Agriculture for an estimate. This proposal would have no impact on BAP.



Officials from the Department of Natural Resources (DNR) assume this proposal would exempt natural gas used by eligible new generation cooperatives as defined in Section 348.432, RSMo from certain provisions of the local sales and use tax law. Although the amount of natural gas used by eligible new generation cooperatives is unknown, DNR does not believe it to be significant. DNR assumes the proposal would result in decreased revenue to the Parks and Soils Sales Tax Fund. DNR further assumes the Department of Revenue or the Department of Agriculture would provide the revenue projections.





ASSUMPTION (continued)



Officials from the Department of Agriculture did not respond to our fiscal note request.



Oversight assumes this proposal would potentially decrease revenue as eligible new generation cooperatives will be allowed an exemption from sales tax on natural gas purchases. The amount is unknown. Oversight will reflect the revenue loss for this proposal as a negative unknown for each year.

This proposal could decrease Total State Revenue.





FISCAL IMPACT - State Government FY 2005

(10 Mo.)

FY 2006 FY 2007



GENERAL REVENUE FUND
Loss - General Revenue
Sales tax exemption for natural gas used by eligible new generation coops. (Unknown) (Unknown) (Unknown)
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDS

(UNKNOWN)


(UNKNOWN)


(UNKNOWN)
OTHER STATE FUNDS
Loss - Other State Funds
Sales tax exemption for natural gas used by eligible new generation coops.
School District Trust Fund (Unknown) (Unknown) (Unknown)
Conservation Sales Tax Fund (Unknown) (Unknown) (Unknown)
Parks and Soil Sales Tax Fund (Unknown) (Unknown) (Unknown)
ESTIMATED NET EFFECT ON OTHER STATE FUNDS

(UNKNOWN)


(UNKNOWN)


(UNKNOWN)





FISCAL IMPACT - Local Government FY 2005

(10 Mo.)

FY 2006 FY 2007
Loss to Political Subdivisions
Sales tax exemption for natural gas used by eligible new generation coops.



(Unknown)


(Unknown)


(Unknown)
ESTIMATED NET EFFECT ON LOCAL POLITICAL SUBDIVISIONS

(UNKNOWN)


(UNKNOWN)


(UNKNOWN)




FISCAL IMPACT - Small Business



Only new generation cooperatives would be expected to be impacted as a result of this proposal.





DESCRIPTION



This proposal establishes an exemption from state and local sales and use taxes for natural gas used by an eligible new generation cooperative, as defined in Section 348.432, RSMo.



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

Office of Administration

Budget and Planning

Department of Natural Resources

NOT RESPONDING: Department of Agriculture





Mickey Wilson, CPA

Director

February 11, 2004