Kansas 2023 2023-2024 Regular Session

Kansas House Bill HB2416 Introduced / Fiscal Note

                    Division of the Budget 
Landon State Office Building 	Phone: (785) 296-2436 
900 SW Jackson Street, Room 504 	adam.c.proffitt@ks.gov 
Topeka, KS  66612 	http://budget.kansas.gov 
 
Adam Proffitt, Director 	Laura Kelly, Governor 
Division of the Budget 
 
February 16, 2023 
 
 
 
 
The Honorable Adam Smith, Chairperson 
House Committee on Taxation 
300 SW 10th Avenue, Room 346-S 
Topeka, Kansas  66612 
 
Dear Representative Smith: 
 
 SUBJECT: Fiscal Note for HB 2416 by House Committee on Taxation 
 
 In accordance with KSA 75-3715a, the following fiscal note concerning HB 2416 is 
respectfully submitted to your committee. 
 
 HB 2416 would provide a sales tax exemption for organizations operating as an Area 
Agency on Aging for the purpose of coordinating and providing seniors and those living with 
disabilities with services that promote person-centered care, including home-delivered meals, 
congregate meal settings, long-term case management, transportation, information, assistance, and 
other preventative and intervention services to help service recipients to remain in their homes and 
communities.  The sales tax exemption would also be extended to any contractor hired for the 
construction, equipment, maintenance, repairing, enlarging, furnishing, or remodeling of facilities 
used for the operation of services for an Area Agency on Aging.  The bill includes reporting 
requirements for contractors and penalties for the use of the sales tax exemption that is determined 
to not be part of this project which would be punishable as a misdemeanor.  The bill would be 
effective July 1, 2023. 
 
Estimated State Fiscal Effect 
 	FY 2023 
SGF 
FY 2023 
All Funds 
FY 2024 
SGF 
FY 2024 
All Funds 
Revenue 	-- -- ($280,000) ($337,000) 
Expenditure 	-- -- $1,200 $1,200 
FTE Pos. 	-- -- -- -- 
  The Honorable Adam Smith, Chairperson 
Page 2—HB 2416 
 
 
 The Department of Revenue estimates that HB 2416 would decrease state revenues by 
$337,000 in FY 2024.  Of that total, the State General Fund is estimated to decrease by $280,000, 
while the State Highway Fund is estimated to decrease by $57,000.  In FY 2025 and subsequent 
fiscal years, the bill is estimated to reduce state revenues by $132,000, including a $109,000 
reduction from the State General Fund and a $23,000 reduction from the State Highway Fund.  
This bill is also estimated to decrease local sales tax revenues; however, the specific estimate of 
lower local sales tax revenues was not calculated by the Department of Revenue.  
 
 To formulate these estimates, the Department of Revenue reviewed data on Area Agencies 
on Aging.  That data shows that there are currently 11 agencies in the state, including eight that 
are not already associated with a sales tax-exempt organization.  Based on this information, it is 
estimated that the sales tax exemption would result in an annual reduction of approximately 
$125,000 in state sales tax collections.  According to the Department of Revenue, reissuing sales 
tax publications and issuing tax entity exemption certificates would cost $1,200 from the State 
General Fund in FY 2024.  The Kansas Department of Transportation indicates that the bill would 
reduce state revenues to the State Highway Fund, as noted above.  Any fiscal effect associated 
with HB 2416 is not reflected in The FY 2024 Governor’s Budget Report.  
 
 The Kansas Association of Counties and the League of Kansas Municipalities indicate that 
the bill would provide a net reduction to local sales tax collections that are used in part to finance 
local governments.   
 
 
 
 
 	Sincerely, 
 
 
 
 	Adam Proffitt 
 	Director of the Budget 
 
 
cc: Wendi Stark, League of Kansas Municipalities 
 Jay Hall, Kansas Association of Counties 
 Lynn Robinson, Department of Revenue 
 Brendan Yorkey, Department of Transportation