COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:2041H.02P Bill No.:Perfected HCS for HB 894 Subject:Motor Vehicles; Business and Commerce Type:Original Date:April 12, 2023Bill Summary:This proposal modifies provisions relating to the motor vehicles. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2024FY 2025FY 2026Total Estimated Net Effect on General Revenue $0$0$0 ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2024FY 2025FY 2026Conservation Commission Fund* $0 or Up to ($253,656) $0 or Up to ($304,387) $0 or Up to ($304,387) Parks, Soils and Water Fund* $0 or Up to ($202,925) $0 or Up to ($243,510) $0 or Up to ($243,510) School District Trust Fund* $0 or Up to ($1,014,623) $0 or Up to ($1,217,548) $0 or Up to ($1,217,548) State Road Bond Fund* $0 or Up to ($3,043,870) $0 or Up to ($3,652,644) $0 or Up to ($3,652,644) State Road Fund*$0 or Up to ($3,043,870) $0 or Up to ($3,652,644 $0 or Up to ($3,652,644) Highway Fund Unknown, Less than $250,000 Unknown, Less than $250,000 Unknown, Less than $250,000 Highway Patrol Inspection Fund Unknown, Less than $250,000 Unknown, Less than $250,000 Unknown, Less than $250,000 Total Estimated Net Effect on Other State Funds $0 or Less than ($7,558,944) $0 or Less than ($9,070,733) $0 or Less than ($9,070,733) *Current law allows (may) motor vehicle dealers to collect and remit sales taxes (dealers already have this ability). This proposal requires motor vehicle dealers (as soon as technologically possible following the development and maintenance of a modernized, integrated system) to collect and remit sales tax. This may increase the amount of sales taxes paid to the state (assuming some are not actually paying sales tax and registering their vehicles). However, dealers would be allowed to retain the 2% timely-filed discount (which are the estimates above). L.R. No. 2041H.02P Bill No. Perfected HCS for HB 894 Page 2 of April 12, 2023 KB:LR:OD ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2024FY 2025FY 2026Total Estimated Net Effect on All Federal Funds $0$0$0 ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2024FY 2025FY 2026Total Estimated Net Effect on FTE 000 ☒ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any of the three fiscal years after implementation of the act or at full implementation of the act. ☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of the three fiscal years after implementation of the act or at full implementation of the act. ESTIMATED NET EFFECT ON LOCAL FUNDSFUND AFFECTEDFY 2024FY 2025FY 2026Local Government$0 or Up to ($9,273,657) $0 or Up to ($11,128,389) $0 or Up to ($11,128,389) L.R. No. 2041H.02P Bill No. Perfected HCS for HB 894 Page 3 of April 12, 2023 KB:LR:OD FISCAL ANALYSIS ASSUMPTION Officials from the Department of Revenue (DOR) assume the following regarding this proposal: Administrative Impact To implement the proposed legislation, the Department will be required to: • Update the Missouri titling manual; • Make changes to procedures, correspondence letters, forms, and the Department website; • Provide License Offices and stakeholders these changes as applicable; and • Train staff FY 2024- Motor Vehicle Bureau Associate Research/Data Analyst 40 Hrs @ $19.90 = $796 Lead Admin Assistant 20 Hrs @ $17.05 = $341 Administrative manager 5 Hrs @ $26.96 = $135 FY 2024 Strategy and Communications Office Associate Research/Data Analyst 10 Hrs @ $19.90 = $199 Total Cost =$1,471 The Department anticipates that they will be able to absorb these costs and that there will be minimal impact. If multiple bills are passed that require department resources, FTE may be requested through the appropriations process. Officials from the Attorney General’s Office assume the proposal would have no fiscal impact on their organization. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for the AGO. Officials from the Office of Administration - Administrative Hearing Commission and Office of Administration respective organizations. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for these agencies. House Amendment 2 – Motor Vehicle Dealers to Remit Sales Tax In response to a similar proposal from 2023 (SCS for HB 415), officials from the Department of Revenue (DOR) assumed the following regarding this proposal: L.R. No. 2041H.02P Bill No. Perfected HCS for HB 894 Page 4 of April 12, 2023 KB:LR:OD §144.070.11 The changes require all Missouri licensed dealers to collect and remit the sales tax on all motor vehicles that the dealer sells. When collecting and with timely remittance the dealer gets to keep two percent of taxes collected. Administrative Impact Motor Vehicle Bureau The implementation of this legislation will be coordinated with the integration of the Department’s Motor Vehicle and Driver Licensing software system approved and passed by the General Assembly in 2020 (Senate Bill 176). Dealers collecting tax is a part of the new system requirements. The administrative impact for this bill is inclusive within the Department’s development and implementation of the new system. Compliance and Investigations Bureau (CIB) The proposal will have an impact on CIB as well. If dealers are collecting and remitting sales tax, this will increase the responsibilities of CIB to ensure appropriate tax collection. Additional resources will be requested through the appropriations process, if needed. Oversight assumes DOR is provided with core funding to handle a certain amount of activity each year. Oversight assumes DOR could absorb the costs related to this proposal. If multiple bills pass which require additional staffing and duties at substantial costs, DOR could request funding through the appropriation process. Revenue Impact DOR noted the following estimates have been made using data from FY 2022 state and local sales tax collected on motor vehicles if the 2% timely discount is allowed for dealers that remit sales tax. Total amount of state sales tax collected for motor vehicles sold by dealers in FY 2022 = $417,111,230 x 2% = $8,342,225 - Estimated Loss in MV State Sales Tax Total amount of local = $340,659,669 x 2% = $6,813,193 - Estimated Loss MV Local Sales/Use Tax Estimated loss of revenue annually = $15,155,418 ($757,770,899 x 2%) This would be a decrease to state, city, and county funds. Dealers collecting sales tax at the time of purchase should result in an unknown increase in Motor Vehicle sales tax collections. This increase should mitigate/offset the loss in sales tax collections resulting from the 2% collection fee dealers will be able to retain. L.R. No. 2041H.02P Bill No. Perfected HCS for HB 894 Page 5 of April 12, 2023 KB:LR:OD FY 2024 (6 months) FY 2025FY 2026Conservation($123,406)($246,811)($246,811)Parks, Soils & Water($98,725)($197,449)($197,449)School District Trust Fund($493,623)($987,246)($987,246)State Road Bond Fund($1,480,868)($2,961,737)($2,961,737)State Road Fund($1,480,868)($2,961,737)($2,961,737)Locals($493,623)($987,245)($987,245)Total($4,171,113)($8,342,225)($8,342,225) In response to a similar proposal from 2023 (SCS for HB 415), officials from the Office of Administration - Budget and Planning (B&P) assumed the following regarding this proposal: Section 144.070 This proposal would require motor vehicle dealers to collect and remit sales taxes, rather than applying the sales tax to the purchaser at the time of titling a vehicle. Motor vehicle dealers are to begin collecting and remitting the sales tax after the development of DOR’s integrated motor vehicle system. B&P notes that motor vehicle dealers would be eligible for the 2% timely filing discount under Section 144.140. Therefore, B&P estimates that this provision may reduce revenues to state and local taxing jurisdictions. B&P also notes that the 3% tax on motor vehicles is deposited into the State Road Bond Fund (50%); the State Road Fund (36.5%); the State Transportation Fund (1%); and the Fuel Local Deposit Fund (FLOYD) (12.5%) which is then distributed to local jurisdictions. In addition to the 3% general tax, a tax of 1% is levied for education, 0.125% for Conservation, and 0.1% for Parks, Soil and water. In FY 2022, the state 3% MV sales tax collections were $365,264,400. Based on the 3% amount, B&P estimates that total taxable sales were $12,175,480,006. Therefore, B&P estimates that granting the 2% timely filing discount to MV dealers would reduce state tax collections by up to $9,070,733 (includes state sales taxes minus FLOYD distributions) annually. In addition, B&P estimates that this would reduce local sales tax collections by up to $11,128,389 (includes both local sales tax plus FLOYD distributions) annually. Table 1 shows the impact by fiscal year by impacted fund. B&P notes that the estimated impact is “up to” the amounts shown as not all MV businesses may qualify for the timely filing discount throughout a full fiscal year. L.R. No. 2041H.02P Bill No. Perfected HCS for HB 894 Page 6 of April 12, 2023 KB:LR:OD Table 1: Impact by Fund and Fiscal Year FY 2024FY 2025FY 2026+State Funds Education$0 or Up to($1,014,623)$0 or Up to($1,217,548) Up to($1,217,548)Conservation$0 or Up to($253,656)$0 or Up to($304,387) Up to($304,387)DNR$0 or Up to($202,925)$0 or Up to($243,510) Up to($243,510)State Road Bond Fund$0 or Up to($3,043,870)$0 or Up to($3,652,644) Up to($3,652,644)State Road Fund$0 or Up to($2,962,700)$0 or Up to($3,555,240) Up to($3,555,240) State Transportation Fund$0 or Up to($81,170)$0 or Up to($97,404) Up to($97,404)Loss to All State Funds$0 or Up to($7,558,944)$0 or Up to($9,070,733) Up to($9,070,733) Local Funds Fuel Local Deposit (FLOYD)$0 or Up to($1,014,623)$0 or Up to($1,217,548) Up to($1,217,548)Sales Tax$0 or Up to($8,259,034)$0 or Up to($9,910,841) Up to($9,910,841)Loss to All Local Funds$0 or Up to($9,273,657)$0 or Up to($11,128,389) Up to($11,128,389) Oversight does not have information to the contrary and therefore, Oversight will reflect the revenue loss estimates as provided by B&P. In addition, Oversight will reflect an “Unknown” increase in revenue as indicated by DOR for the potential increase in sales tax collections due to motor vehicle dealers having the ability to collect the sales tax at the time of sale – if those sales taxes would not have otherwise been collected. Oversight notes, DOR has indicated that the average estimated time to implement the new integrated system is between three and five years; therefore, Oversight will reflect the fiscal L.R. No. 2041H.02P Bill No. Perfected HCS for HB 894 Page 7 of April 12, 2023 KB:LR:OD impact as $0 (new system has not been implemented yet) up to the estimates indicated by B&P (new system has been implemented). In response to a similar proposal from 2023 (SCS for HB 415), officials from the Missouri Department of Transportation deferred to the DOR for the potential fiscal impact of this proposal. In response to a similar proposal from 2023 (SCS for HB 415), officials from the Missouri Highway PatrolOversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for DPS-MHP. Rule Promulgation In response to a similar proposal from 2023 (SCS for HB 415), officials from the Joint Committee on Administrative Rules assume this proposal is not anticipated to cause a fiscal impact beyond its current appropriation. In response to a similar proposal from 2023 (SCS for HB 415), officials from the Office of the Secretary of State (SOS) note many bills considered by the General Assembly include provisions allowing or requiring agencies to submit rules and regulations to implement the act. The SOS is provided with core funding to handle a certain amount of normal activity resulting from each year's legislative session. The fiscal impact for this fiscal note to the SOS for Administrative Rules is less than $5,000. The SOS recognizes that this is a small amount and does not expect that additional funding would be required to meet these costs. However, the SOS also recognizes that many such bills may be passed by the General Assembly in a given year and that collectively the costs may be in excess of what the office can sustain with its core budget. Therefore, the SOS reserves the right to request funding for the cost of supporting administrative rules requirements should the need arise based on a review of the finally approved bills signed by the governor. House Amendment 3 – Motor Vehicle Inspections In response to a similar proposal from 2023 (HCS for HB 207), officials from the Department of Revenue (DOR) assumed the following regarding this proposal: Administrative Impact To implement the proposed legislation the Department will be required to: • Update procedures, correspondence letters and the Department website; • Update the Missouri Titling Manual; • Send Communications to License offices and other Contracted stakeholders; and • Train Staff L.R. No. 2041H.02P Bill No. Perfected HCS for HB 894 Page 8 of April 12, 2023 KB:LR:OD FY 2024 - Motor Vehicle Bureau Associate Research/Data Analyst 40 Hrs @ $19.90 = $796 Lead Admin Assistant 20 Hrs @ $17.05 = $341 Administrative manager 5 Hrs @ $26.96 = $135 FY 2024 - Strategy and Communications Office Associate Research/Data Analyst 10 Hrs @ $19.90 = $199 Total Cost =$1,471 The Department anticipates that they will be able to absorb these costs. If multiple bills are passed that require department resources, FTE may be requested through the appropriations process. Officials from the Missouri Highway Patrol (MHP) assumed the following regarding this proposal: The fiscal impact to the state of Missouri on vehicle inspections equates to $1.50 per each additional used vehicle safety inspected prior to sale, with $1.00 deposited into the Highway Fund (0644) and $0.50 deposited into Highway Patrol’s Inspection Fund (0297). It is unknown how many additional inspections, per year, would be conducted with this proposed legislation. Oversight is unable to determine how many more vehicles will require a safety inspection as a result of this proposal; therefore, Oversight will reflect an “Unknown, but less than $250,000” fiscal impact to the Highway Fund and the Highway Patrol Inspection Fund. Officials from the Missouri Department of Transportation assumed the proposal will have no fiscal impact on their organization. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for MoDOT. FISCAL IMPACT – State GovernmentFY 2024 (10 Mo.) FY 2025FY 2026CONSERVATION COMMISSION FUND (0609) Revenue – potential increase in sales tax collection due to dealers having the ability to collect sales tax at the time of sale (p. 6) (HA 2)$0 or Unknown $0 or Unknown $0 or Unknown L.R. No. 2041H.02P Bill No. Perfected HCS for HB 894 Page 9 of April 12, 2023 KB:LR:OD Loss – 2% timely fee possibly being retained by dealerships (p. 6) (HA 2) $0 or Up to ($253,656) $0 or Up to ($304,387) $0 or Up to ($304,387) ESTIMATED NET EFFECT ON THE CONSERVATION COMMISSION FUND $0 or Up to ($253,656) $0 or Up to ($304,387) $0 or Up to ($304,387) FISCAL IMPACT – State Government (continued) FY 2024 (10 Mo.) FY 2025FY 2026PARKS, SOIL AND WATER FUND (0613 & 0614) Revenue – potential increase in sales tax collection due to dealers having the ability to collect sales tax at the time of sale (p. 6) (HA 2)$0 or Unknown$0 or Unknown$0 or Unknown Loss – 2% timely fee possibly being retained by dealerships (p. 6) (HA 2) $0 or Up to ($202,925) $0 or Up to ($243,510) $0 or Up to ($243,510) ESTIMATED NET EFFECT ON THE PARKS, SOIL AND WATER FUND $0 or Up to ($202,925) $0 or Up to ($243,510) $0 or Up to ($243,510) SCHOOL DISTRICT TRUST FUND (0688) Revenue – potential increase in sales tax collection due to dealers having the ability to collect sales tax at the time of sale (p. 6) (HA 2)$0 or Unknown$0 or Unknown$0 or Unknown Loss – 2% timely fee possibly being retained by dealerships (p. 6) (HA 2) $0 or Up to ($1,014,623) $0 or Up to ($1,217,548) $0 or Up to ($1,217,548) ESTIMATED NET EFFECT ON THE SCHOOL DISTRICT TRUST FUND $0 or Up to ($1,014,623) $0 or Up to ($1,217,548) $0 or Up to ($1,217,548) L.R. No. 2041H.02P Bill No. Perfected HCS for HB 894 Page 10 of 12 April 12, 2023 KB:LR:OD FISCAL IMPACT – State Government (continued) FY 2024 (10 Mo.) FY 2025FY 2026STATE ROAD BOND FUND (0319)Revenue – potential increase in sales tax collection due to dealers having the ability to collect sales tax at the time of sale (p. 6) (HA 2)$0 or Unknown$0 or Unknown$0 or Unknown Loss – 2% timely fee possibly being retained by dealerships (p. 6) (HA 2) $0 or Up to ($3,043,870) $0 or Up to ($3,652,644) $0 or Up to ($3,652,644) ESTIMATED NET EFFECT ON THE STATE ROAD BOND FUND $0 or Up to ($3,043,870) $0 or Up to ($3,652,644) $0 or Up to ($3,652,644) STATE ROAD FUND (0320)Revenue – potential increase in sales tax collection due to dealers having the ability to collect sales tax at the time of sale (p. 6) (HA 2)$0 or Unknown$0 or Unknown$0 or Unknown Loss – 2% timely fee possibly being retained by dealerships (p. 6) (HA 2) $0 or Up to ($3,043,870) $0 or Up to ($3,652,644 $0 or Up to ($3,652,644) ESTIMATED NET EFFECT ON THE STATE ROAD FUND $0 or Up to ($3,043,870) $0 or Up to ($3,652,644) $0 or Up to ($3,652,644) HIGHWAY FUND (0644) L.R. No. 2041H.02P Bill No. Perfected HCS for HB 894 Page 11 of 12 April 12, 2023 KB:LR:OD Revenue – MHP – increase in the number of inspections ($1 per) (p. 8) (HA 3) Unknown, Less than $250,000 Unknown, Less than $250,000 Unknown, Less than $250,000 ESTIMATED NET EFFECT ON THE HIGHWAY FUND Unknown, Less than $250,000 Unknown, Less than $250,000 Unknown, Less than $250,000 FISCAL IMPACT – State Government (continued) FY 2024 (10 Mo.) FY 2025FY 2026HIGHWAY PATROL INSPECTION FUND (0297) Revenue – MHP – increase in the number of inspections ($0.50 per) (p. 8) (HA 3) Unknown, Less than $250,000 Unknown, Less than $250,000 Unknown, Less than $250,000 ESTIMATED NET EFFECT ON THE HIGHWAY PATROL INSPECTION FUND Unknown, Less than $250,000 Unknown, Less than $250,000 Unknown, Less than $250,000 FISCAL IMPACT – Local GovernmentFY 2024 (10 Mo.) FY 2025FY 2026LOCAL POLITICAL SUBDIVISIONS Revenue – potential increase in sales tax collection due to dealers having the ability to collect sales tax at the time of sale (p. 6) (HA 2)$0 or Unknown$0 or Unknown$0 or Unknown Loss – (FLOYD) - 2% timely fee possibly being retained by dealerships (p. 6) (HA 2) $0 or Up to ($1,014,623) $0 or Up to ($1,217,548) $0 or Up to ($1,217,548) Loss – (local sales tax only) - 2% timely fee possibly being retained by dealerships (p. 6) (HA 2) $0 or Up to ($8,259,034) $0 or Up to ($9,910,841) $0 or Up to ($9,910,841) L.R. No. 2041H.02P Bill No. Perfected HCS for HB 894 Page 12 of 12 April 12, 2023 KB:LR:OD ESTIMATED NET EFFECT ON LOCAL POLITICAL SUBDIVISIONS $0 or Up to ($9,273,657) $0 or Up to ($11,128,389) $0 or Up to ($11,128,389) FISCAL IMPACT – Small Business Small motor vehicle franchises, dealerships and those that provide inspections could be impacted as a result of this proposal. FISCAL DESCRIPTION This proposal modifies provisions relating to the motor vehicles. 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 Attorney General’s Office Office of Administration - Administrative Hearing Commission Office of Administration Office of Administration - Budget and Planning Missouri Department of Transportation Missouri Highway Patrol Office of the Secretary of State Joint Committee on Administrative Rules Julie MorffRoss StropeDirectorAssistant DirectorApril 12, 2023April 12, 2023