COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. NO.: 3574-01

BILL NO.: SB 807

SUBJECT: Insurance - General; Taxation and Revenue - General

TYPE: Original

DATE: January 29, 2000




FISCAL SUMMARY



ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2001 FY 2002 FY 2003
General Revenue ($2,191,455) ($2,191,455) ($2,191,455)
County Foreign Insurance $0 $0 $0
Insurance Dedicated ($41,267) ($46,090) ($47,259)
Total Estimated

Net Effect on All

State Funds

($2,232,722) ($2,237,545) ($2,238,714)



ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2001 FY 2002 FY 2003
None
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2001 FY 2002 FY 2003
Local Government ($2,191,455) ($2,191,455) ($2,191,455)

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 4 pages.

FISCAL ANALYSIS



ASSUMPTION



Officials from the Department of Revenue assume this proposal would not fiscally impact their agency.



Officials from the Office of Administration - Budget and Planning deferred to the estimates provided by the INS.



Officials from the Department of Insurance (INS) state that they based their estimate on only those credits specifically listed in 148.400 and not other tax credits including guaranty association and economic development tax credits. The six tax credits the department has used in estimating the loss of revenue on are Examination fees, personal property tax, income tax, franchise tax, valuation fees, and registration fees. The excess credits for 1997 and 1998 are known for three of the six tax credits: examination fees, valuation fees and registration fees. The tax credits carried forward are estimated based on this information.



Tax Credit Estimated Tax Carried Forward

Examination Fee $1,929,009

Personal Property Tax 2,322,848

Income Tax 60,389

Franchise Tax 12,648

Valuation Fees 21,432

Registration Fees 47,585

Total Annual Revenue Loss $4,382,911



In addition to one Accountant to verify and track the tax credits being carried forward, the department would need to re-write the premium tax credit sub-system using a relational database system to allow for accounting of the tax credits and carryover. This would require approximately 760 hours of programming and IT staff time to implement. The department would attempt to accomplish this using existing staff, but it may be necessary to contract for some of the programming time. Contract programming averages $125 per hour and additional appropriation may be requested if needed to implement this proposal.







FISCAL IMPACT - State Government FY 2001

(10 Mo.)

FY 2002 FY 2003
GENERAL REVENUE FUND
Loss - Department of Insurance
Carryover of premium tax credits ($2,191,455) ($2,191,455) ($2,191,455)
ESTIMATED NET EFFECT ON GENERAL REVENUE FUND



($2,191,455)


($2,191,455)


($2,191,455)
COUNTY FOREIGN INSURANCE FUND
Savings - Department of Insurance
Less distributions to local political subdivisions

$2,191,455


$2,191,455


$2,191,455
Loss - Department of Insurance
Carryover of premium tax credits ($2,191,455) ($2,191,455) ($2,191,455)
ESTIMATED NET EFFECT ON COUNTY FOREIGN INSURANCE FUND



$0




$0




$0
INSURANCE DEDICATED FUND
Costs - Department of Insurance
Personal service (1 FTE) ($23,924) ($29,439) ($30,175)
Fringe benefits ($10,642) ($13,096) ($13,423)
Expense and equipment ($6,701) ($3,555) ($3,661)
Total Costs - Department of Insurance ($41,267) ($46,090) ($47,259)
ESTIMATED NET EFFECT ON INSURANCE DEDICATED FUND

($41,267)


($46,090)


($47,259)






FISCAL IMPACT - Local Government FY 2001

(10 Mo.)

FY 2002 FY 2003
LOCAL POLITICAL SUBDIVISIONS
Loss - Local Political Subdivisions
Less distributions from County Foreign Insurance Fund



($2,191,455)


($2,191,455)


($2,191,455)
ESTIMATED NET EFFECT ON LOCAL POLITICAL SUBDIVISIONS

($2,191,455)


($2,191,455)


($2,191,455)


FISCAL IMPACT - Small Business



Small insurance companies that have unused premium tax credits would be fiscally impacted to the extent they could use the credits in future years.



DESCRIPTION



This proposal would allow insurance companies to carry forward premium tax credits if those credits were not used in the year accrued.



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 Insurance

Department of Revenue

Office of Administration

Division of Budget and Planning











Jeanne Jarrett, CPA

Director

January 29, 2000