COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 4701-01

Bill No.: SB 1280

Subject: Taxation and Revenue - Sales and Use

Type: Original

Date: March 3, 2004




FISCAL SUMMARY



ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED FY 2005 FY 2006 FY 2007
General Revenue $269,504,540 $197,259,800 $101,559,800
Total Estimated

Net Effect on

General Revenue

Fund*

$269,504,540 $197,259,800 $101,559,800





ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2005 FY 2006 FY 2007
Highway Funds $17,400,000 $12,600,000 $6,500,000
Total Estimated

Net Effect on All

State Funds*

$17,400,000 $12,600,000 $6,500,000

* This proposal is permissive. Voter approval would be required before fiscal impact would be realized.

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 6 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 $0 $0 $0




FISCAL ANALYSIS

ASSUMPTION



Department of Revenue (DOR) officials state this legislation will provide an increase in revenues over the course of three years, with intent to slowly phase it out during that time. This language states that in the third year the rate will be reduced from 4 1/4% to 4 1/8% but does not specify that at the beginning of the fourth year, the tax rate will be returned to the original rate of 4%.



The emergency clause states that it will become effective on the first month after the special election. The language needs to be changed to make it effective the first day of the first calendar quarter after the special election in order to provide sufficient notice to the taxpayers.



Business Tax will be responsible for notifying the 150,000 sales tax businesses every time the tax rate is changed (over the 3 year duration). The three tax rate changes (four, if the rate is to be changed back to 4% after the third year) will also require programming to send notifications to the public. This will require 173 hours of programming per year/rate change at a cost of $5,771 (also, per year).



Oversight reduced the amount requested by DOR for postage to $40,200 annually to reflect the cost at the current bulk rate. Since DOR did not request programming changes in their prior responses to similar bills, Oversight assumes DOR can complete any necessary changes with existing resources.



ASSUMPTION (continued)



Officials from the Office of Administration, Budget and Planning (BAP) assume this proposal would increase the sales tax by:



1/2 cent for one year after implementation

1/4 cent for the subsequent year

1/8 cent for the subsequent year



Further, BAP assumes the proposal becomes effective Sep. 1, 2004, and is effective for 10 months in FY05, all of FY06 and FY07, and 2 months of FY08.



The regular sales tax base for FY05 is $1,844.5 million. This is based on the consensus revenue estimate. BAP assumes the base will grow 3% in each succeeding fiscal year.



The GR motor vehicle sales tax base for FY05 is $125.5 million. A like amount goes to the highway fund. This is based on the consensus revenue estimate. BAP assumes the base will grow 3% in each succeeding fiscal year.



Based on these assumptions, this proposal has the following impacts, in millions of dollars:



(millions of dollars) FY 2005 FY 2006 FY 2007 FY 2008

Regular Sales Tax $256.2 $184.7 $95.1 $14.0

MV Sales Tax - General Revenue $17.4 $12.6 $6.5 $1.0

MV Sales Tax - Highways $17.4 $12.6 $6.5 $1.0





Officials from the Secretary of State (SOS) assume statewide newspaper publication of constitutional amendments cost approximately $1,228 per column inch based on estimate provided by the Missouri Press Service x 3 for multiple printings as required by the Constitution and state statute = $3,684 per column inch. SOS estimates the total number of inches for this amendment to be 15 inches, which includes title header and certification paragraph. $3,684 x 15 inches = $55,260.



In response to a similar proposal, officials from the Office of Administration assumed the election costs for a special election would be approximately $4 million.









ASSUMPTION (continued)



Since this legislation is subject to voter referendum, Oversight assumes this proposal would have no state fiscal impact without voter approval. Oversight assumes the proposal would be on the ballot for the first Tuesday in August 2004.



This proposal would result in an increase in Total State Revenues.





FISCAL IMPACT - State Government FY 2005

(10 Mo.)

FY 2006 FY 2007



GENERAL REVENUE FUND
Income - General Revenue
Increase in sales tax $256,200,000 $184,700,000 $95,100,000
Increase in MV sales tax $17,400,000 $12,600,000 $6,500,000
Total Income - GR $273,600,000 $197,300,000 $101,600,000


Cost - Dept. of Revenue
Postage ($40,200) ($40,200) ($40,200)
Cost - Secretary of State
Publication costs ($55,260) $0 $0
Cost - Office of Administration
Special election costs ($4,000,000) $0 $0


TOTAL ESTIMATED NET EFFECT ON GENERAL REVENUE FUND*

$269,504,540


$197,259,800


$101,559,800
* This proposal is permissive. Voter approval would be required before fiscal impact would be realized.






FISCAL IMPACT - State Government FY 2005

(10 Mo.)

FY 2006 FY 2007



HIGHWAY FUNDS
Income - Highway Funds
Increase in MV sales tax $17,400,000 $12,600,000 $6,500,000


TOTAL ESTIMATED NET EFFECT ON HIGHWAY FUNDS*

$17,400,000


$12,600,000


$6,500,000
* This proposal is permissive. Voter approval would be required before fiscal impact would be realized.






FISCAL IMPACT - Local Government FY 2005

(10 Mo.)

FY 2006 FY 2007
$0 $0 $0





FISCAL IMPACT - Small Business



Small businesses would be expected to collect/pay the increased sales tax as a result of this proposal.





DESCRIPTION



This proposal increases the sales tax by 1/2% for one year, then lowers the increase to 1/4% for one year, then lowers the increase to 1/8% for one year, and finally returns the sales tax rate to the current levy.



The proposal has a referendum clause for August 2004, and an effective date of October 1, 2004, if approved by the voters.



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

Secretary of State







Mickey Wilson, CPA

Director

March 3, 2004