COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 0549-01

Bill No.: SB 147

Subject: Elderly; Revenue Dept.; Taxation and Revenue-General-Sales and Use

Type: Original

Date: January 2, 2001




FISCAL SUMMARY



ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2002 FY 2003 FY 2004
General Revenue ($1,923,736) ($2,957,743) ($3,031,687)
School District Trust ($641,245) ($985,914) ($1,010,562)
Conservation ($80,156) ($123,239) ($126,320)
Parks and Soil ($64,125) ($98,591) ($101,056)
Total Estimated

Net Effect on All

State Funds

($2,709,262) ($4,165,487) ($4,269,625)



ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2002 FY 2003 FY 2004
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2002 FY 2003 FY 2004
Local Government ($961,868) ($1,478,872) ($1,515,843)

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 4 pages.

FISCAL ANALYSIS



ASSUMPTION



In response to similar legislation officials of the Department of Revenue (DOR) state the proposal would exempt the sale of coffins, caskets, burial cases and burial vaults from sales and use taxes.



DOR staff assume 80% of all taxable sales by funeral homes and crematories involve sales of the above items. Taxable sales for businesses in the SIC category "726-Funeral Service and Crematories" in FY 98 were $108,925,594. If it is assumed that 80% of these sales represent these items, the amount of taxable sales that would be exempted in FY 98 would be $87,140,475. 2.5% inflation is assumed.



Oversight assumes fiscal impact would not occur until October 1, 2001. This is because the law would go into effect August 28, 2001, and a one month lag is assumed. This would result in eight months of fiscal impact in FY 2002. Estimates are based on 1998 sales data.



This proposal would result in a decrease in Total State Revenues since Sales and Use Tax collections are included in the calculation of Total State Revenue.



FISCAL IMPACT - State Government FY 2002

(10 Mo.)

FY 2003 FY 2004
Loss - General Revenue Fund
Elimination of sales tax on Caskets, Coffins and Burials Cases and Vaults



($1,923,736)


($2,957,743)


($3,031,687)
ESTIMATED NET EFFECT ON

GENERAL REVENUE FUND



($1,923,736)


($2,957,743)


($3,031,687)
SCHOOL DISTRICT TRUST FUND
Loss - School District Trust Fund
Elimination of sales tax on Caskets, Coffins and Burials Cases and Vaults

($641,245)


($985,914)


($1,010,562)
ESTIMATED NET EFFECT ON

SCHOOL DISTRICT TRUST FUND



($641,245)


($985,914)


($1,010,562)


CONSERVATION FUND
Loss - Conservation Fund
Elimination of sales tax on Caskets, Coffins and Burials Cases and Vaults

($80,156)


($123,239)


($126,320)
ESTIMATED NET EFFECT ON

CONSERVATION FUND



($80,156)


($123,239)


($126,320)
PARKS AND SOIL FUNDS
Loss - Parks and Soil Funds
Elimination of sales tax on Caskets, Coffins and Burials Cases and Vaults

($64,125)


($98,591)


($101,056)
ESTIMATED NET EFFECT ON

PARKS AND SOIL FUNDS



($64,125)


($98,591)


($101,056)


FISCAL IMPACT - Local Government FY 2002

(10 Mo.)

FY 2003 FY 2004
Loss to Cities
Elimination of sales tax on Caskets, Coffins and Burials Cases and Vaults



($577,121)


($887,323)


($909,506)
Loss to Counties
Elimination of sales tax on Caskets, Coffins and Burials Cases and Vaults

($384,747)


($591,549)


($606,337)
ESTIMATED NET EFFECT ON

LOCAL GOVERNMENT



($961,868)


($1,478,872)


($1,515,843)


FISCAL IMPACT - Small Business



Small businesses who sell coffins, caskets, burial case and vaults would be expected to be fiscally impacted to the extent that would no longer collect and pay sales tax on these items.









DESCRIPTION



This act exempts coffins and related burial items from sales taxes.

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







Jeanne Jarrett, CPA

Director

January 2, 2001