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: Aragon DATE TYPED: 02/08/99 HB
SHORT TITLE: Local Option Food Gross Receipts Tax Act SB 283
ANALYST: Eaton


REVENUE



Estimated Revenue
Subsequent

Years Impact

Recurring

or Non-Rec

Fund

Affected

FY99 FY2000
$ (24,200.0) $ (58,200.0) Recurring General Fund
$ (8,200.0) $ (19,700.0) Recurring Municipalities



(Parenthesis ( ) Indicate Revenue Decreases)



SOURCES OF INFORMATION



Taxation and Revenue Department (TRD)



SUMMARY



Synopsis of Bill



This bill would exempt the tax on food while allowing Counties and Municipalities to continue to receive revenues through a local tax option (see Local Option Gross Receipts Tax Act). In the event that the reduction in revenues impairs the payment of bonds, substitute payments from the general fund may be made. The amount distributed will be sufficient to meet the required bond payments. The effective date of this legislation is January 1, 2000.



FISCAL IMPLICATIONS



According to the Taxation and Revenue Department (TRD), the total fiscal impact of this bill to the state general fund would be $24.2 million in FY2000 and $58 million in FY2001. It would cost municipalities $8.2 million in FY2000 and $19.7 million in FY2001 from state-shared gross receipts tax revenues. The negative impacts for municipalities (beyond the loss of state-shared revenues) and counties is uncertain because it is not known how many will implement the local gross receipts tax options provided in the bill.





ADMINISTRATIVE IMPLICATIONS



The Taxation and Revenue Department (TRD) anticipates the need for an additional $1 million dollars in FY2000 for contractual services that will be necessary to execute the changes by January 1, 2000.

TRD also anticipates increases in processing costs associated with this bill if it is enacted.



TECHNICAL ISSUES



The Taxation and Revenue Department (TRD) suggests that making the tax rate on food exactly the same as the local option rate would simplify the matter for them (TRD) and presumably lower the administrative costs and contractual services costs associated with enacting this legislation.



Taxation and Revenue Department fears that provisions of the New Mexico Constitution concerning breach of the "full faith and credit" related to bond issuances and obligations may be compromised if the local bond ratings are negatively affected by passage of this legislation. Diminished bond ratings could potentially increase the total cost of bonding in the future. The Attorney General's Office may wish to address this possibility. Additional research of similar legislation in other states may also help address the effect on bond ratings.



JBE/gm