NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.



The LFC is only preparing FIRs on bills referred to the Senate Finance Committee, the Senate Ways and Means Committee, the House Appropriations and Finance Committee and the House Taxation and Revenue Committee. The chief clerks are responsible for preparing and issuing all other bill analyses.



Only the most recent FIR version, excluding attachments, is available on the Intranet. Previously issued FIRs and attachments may be obtained from the LFC office in Room 416 of the State Capitol Building.





F I S C A L I M P A C T R E P O R T



SPONSOR: Lutz DATE TYPED: 02/02/99 HB 126
SHORT TITLE: Funeral Expense Exemption SB
ANALYST: Eaton


REVENUE



Estimated Revenue
Subsequent

Years Impact

Recurring

or Non-Rec

Fund

Affected

FY99 FY2000
$ (900.0) Recurring General
$ (600.0) Recurring Counties/Munic



(Parenthesis ( ) Indicate Revenue Decreases)



Duplicates/Conflicts with/Companion to/Relates to



SOURCES OF INFORMATION



Taxation and Revenue Department (TRD)

French's Mortuary, Albuquerque



SUMMARY



Synopsis of Bill:



This bill would exempt payment of gross receipts the selling of tangible property and services related to funerals and the direct disposition of a human body.



FISCAL IMPLICATIONS



In 1997, over twelve thousand New Mexicans died. Ninety-three percent of funeral and burial services were performed within municipalities. The Taxation and Revenue Department estimates that $24 million in taxable funeral and burial expenses occur annually in New Mexico. The estimated fiscal impact is $1.5 million.



ADMINISTRATIVE IMPLICATIONS



The Taxation and Revenue Department (TRD) reports that no mechanism exists to track or audit the total cost of this legislation as it is written.

TECHNICAL ISSUES



The language in the bill "in connection with" may be too vague, leading to abuses of the legislation and present difficulties when assessing the cumulative effect on gross receipts. Defining what "in connection with" would resolve this.



The majority of costs according to French's Mortuary in Albuquerque, are the costs of mortuary services provided by funeral homes like French's, and burial. An exemption of these two activities alone would reduce the possible incidence of abuses, allow TRD to more accurately determine the fiscal impacts, and remain consistent with the intent of this bill if the intent is to alleviate costs to the family of the deceased.



JBE/gm