Kansas 2023 2023-2024 Regular Session

Kansas Senate Bill SB454 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 C. Proffitt, Director 	Laura Kelly, Governor 
Division of the Budget 
 
February 21, 2024 
 
 
 
 
The Honorable Caryn Tyson, Chairperson 
Senate Committee on Assessment and Taxation 
300 SW 10th Avenue, Room 548-S 
Topeka, Kansas  66612 
 
Dear Senator Tyson: 
 
 SUBJECT: Fiscal Note for SB 454 by Senate Committee on Assessment and Taxation 
 
 In accordance with KSA 75-3715a, the following fiscal note concerning SB 454 is 
respectfully submitted to your committee. 
 
 SB 454 would expand the sales tax exemption for nonprofit organizations that distribute 
food products to include organizations that directly distribute food to people as part of a charitable 
food distribution program without fee or charge. The bill would become effective on July 1, 2024. 
 
 The Department of Revenue estimates that SB 454 would decrease state sales tax revenues 
to the State General Fund and the State Highway Fund by negligible amounts in FY 2025.  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 from Kansas Food 
Source that shows every county in Kansas has at least one food assistance program with a total of 
824 food assistance access points statewide.  The majority of these programs are sponsored by 
organizations that are already exempt from sales tax.  For the remaining programs, it is assumed 
that the majority of their purchases are for food and food ingredients.  With the current state sales 
tax rate on food and food ingredients set at 2.0 percent and the state sales tax rate on these products 
moving to 0.0 percent on January 1, 2025, the state impact is estimated to be minimal. According 
to the Department of Revenue, reissuing sales tax publications and revising forms would cost 
$1,200 from the State General Fund in FY 2025. 
 
 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 SB 454 is 
not reflected in The FY 2025 Governor’s Budget Report.  The Honorable Caryn Tyson, Chairperson 
Page 2—SB 454 
 
 
 
 The Kansas Association of Counties and the League of Kansas Municipalities indicate the 
bill would provide a net reduction to local sales tax collections that are used in part to finance local 
governments.  
 
 
 
 	Sincerely, 
 
 
 
 	Adam C. Proffitt 
 	Director of the Budget 
 
 
 
 
cc: Lynn Robinson, Department of Revenue 
 Wendi Stark, League of Kansas Municipalities 
 Jay Hall, Kansas Association of Counties 
 Brendan Yorkey, Department of Transportation