COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 2646-01

Bill No.: #SB 839

Subject: Taxation and Revenue - Sales and Use; Tobacco Products

Type: Corrected

Date: January 26, 2004

# Correct Bill Number


FISCAL SUMMARY



ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED FY 2005 FY 2006 FY 2007
General Revenue $119,112,875 $237,600,000 $236,900,000
Total Estimated

Net Effect on

General Revenue

Fund*

$119,112,875 $237,600,000 $236,900,000

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



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

Net Effect on All

State Funds

$0 $0 $0



Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 5 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 proposes to the voters, an increase of cigarette tax from 17 cent/pack to 57 cents/pack of 20 cigarettes and an increase in other tobacco products tax from 10% of the manufacturer's invoice to 33.5% of the manufacturer's invoice. This will have a minimal impact on the Division of Taxation.



The Division of Taxation will need to revise forms and programs (requiring less than an hour of programming), and mail 230 notification letters to licensees at a cost of $62. DOR will administer and collect the additional tax with existing staff.



Officials from the Office of Administration, Budget and Planning (BAP) assume this proposal, subject to voter approval, would increase the state cigarette tax from 17 to 57 cents per pack of 20 cigarettes and increase the Other Tobacco Products (OTP) tax from 10% to 33.5% of the wholesale price.











ASSUMPTION (continued)



Revenue Impact

(millions of dollars)

Fiscal Year Cigarette Tax OTP Tax
2005 $105.7 $13.5
2006 $209.3 $28.3
2007 $207.2 $29.7


Assumptions:





Officials from the Secretary of State (SOS) assume statewide newspaper publication of constitutional amendments cost approximately $1,161 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 = $3,485 per column inch. SOS estimates the total number of inches for this amendment to be 25 inches, which includes title header and certification paragraph. $3,485 x 25 inches = $87,125.



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 November 2004.















FISCAL IMPACT - State Government FY 2005

(6 Mo.)

FY 2006 FY 2007
GENERAL REVENUE FUND
Income - General Revenue
Increase in cigarette tax $105,700,000 $209,300,000 $207,200,000
Increase in OTP tax $13,500,000 $28,300,000 $29,700,000
Total Income - GR $119,200,000 $237,600,000 $236,900,000
Cost - Secretary of State
Publication costs ($87,125) $0 $0
TOTAL ESTIMATED NET EFFECT ON GENERAL REVENUE FUND*



$119,112,875


$237,600,000


$236,900,000
* This proposal is permissive. Voter approval would be required before fiscal impact would be realized.




FISCAL IMPACT - Local Government FY 2005

(6 Mo.)

FY 2006 FY 2007
$0 $0 $0





FISCAL IMPACT - Small Business



Small businesses that sell cigarettes and other tobacco products would be expected to pay/collect the increased tax as a result of this proposal.





DESCRIPTION



This proposal increases the cigarette tax to twenty-eight and one-half mills per cigarette, or fifty-seven cents per pack. This act also increases the tax on tobacco products other than cigarettes to thirty-three and one-half percent. This is a forty cent per-pack increase to cigarettes and a twenty-three and one-half percentage point increase to tobacco products.







DESCRIPTION (continued)



The increased revenue from these two tax changes shall be deposited in the General Revenue Fund.



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

January 26, 2004