COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 1954-02

Bill No.: SB 524

Subject: Agriculture and Animals; Revenue Dept.; Taxation and Revenue - General, Sales and Use

Type: Original

Date: February 28, 2001




FISCAL SUMMARY



ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2002 FY 2003 FY 2004
General Revenue (Unknown) (Unknown) (Unknown)
School District Trust (Unknown) (Unknown) (Unknown)
Conservation (Unknown) (Unknown) (Unknown)
Parks and Soil (Unknown) (Unknown) (Unknown)
Total Estimated

Net Effect on All

State Funds*





(UNKNOWN)
(UNKNOWN) (UNKNOWN)

* Expected to exceed $100,000 annually.

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2002 FY 2003 FY 2004
None
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 (UNKNOWN) (UNKNOWN) (UNKNOWN)

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 3 pages.

FISCAL ANALYSIS

ASSUMPTION



Officials of the Department of Revenue (DOR) state this legislation as worded would exempt all sales of materials purchased for use in the construction of fencing utilized in the production of livestock or poultry. This also removes the limitation on the farm use exemption on diesel fuel.



Administrative Impact - None; however, DOR noted that this legislation would completely exempt diesel fuel used for farm use. This exemption will reduce DOR's collection by $179,000 - this is a portion and does not include the sales tax collected at the retailer which would be reported by the retailer on the sales tax return which can not be identified. Therefore, the revenue impact is unknown for the entire piece of legislation.



The Department of Agriculture (AGR) officials assume this bill would not affect AGR because AGR does not collect taxes for all sales of materials purchased for use in the construction of fencing utilized in the production of livestock or poultry.



Officials from the Office of Administration - Budget and Planning (BAP) state this bill has no impact on BAP. This proposal would provide a sales tax exemption for the purchase of fence building material for fences used in livestock or poultry production, and removes the limitation on the farm use exemption for diesel fuel. BAP has not been able to find any empirical basis to estimate the fiscal impact of this proposal and believes AGR is better suited to provide estimates on this proposal.



Since DOR could only estimate a portion of the revenue loss for the removal of the limitation on the farm use diesel fuel exemption and Oversight does not possess data regarding diesel fuel usage on farms, nor the quantity of fencing material purchases for livestock or poultry, revenue losses have been stated as unknown, expected to exceed $100,000 annually to all affected funds.



FISCAL IMPACT - State Government FY 2002

(10 Mo.)

FY 2003 FY 2004



Loss to State Funds:
General Revenue Fund (Unknown) (Unknown) (Unknown)
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 ALL FUNDS*

(UNKNOWN)


(UNKNOWN)


(UNKNOWN)
*Expected to exceed $100,000 annually
FISCAL IMPACT - Local Government FY 2002

(10 Mo.)

FY 2003 FY 2004



Loss to Political Subdivisions


(Unknown)


(Unknown)


(Unknown)


ESTIMATED NET EFFECT ON LOCAL POLITICAL SUBDIVISIONS




(UNKNOWN)




(UNKNOWN)




(UNKNOWN)




FISCAL IMPACT - Small Business



No direct fiscal impact to small businesses would be expected as a result of this proposal.





DESCRIPTION



This bill exempts from state and local sales and use taxes all materials used in the construction of fencing utilized in the production of livestock and poultry, and removes the limitation on farm use exemption for diesel.



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



This proposal would result in a decrease in Total State Revenues.





SOURCES OF INFORMATION



Department of Revenue

Department of Agriculture

Office of Administration

Budget and Planning



Jeanne Jarrett, CPA

Director

February 28, 2001