COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:0685S.01I Bill No.:SB 104 Subject:Taxation and Revenue - Property Type:Original Date:February 14, 2023Bill Summary:This proposal reduces the assessment percentage of personal property. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTED FY 2024FY 2025FY 2026Fully Implemented (FY 2037) Total Estimated Net Effect on General Revenue $0$0$0$0 ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTED FY 2024FY 2025FY 2026Fully Implemented (FY 2037) Blind Pension Fund $0($180,462)($360,924)($2,406,158) Total Estimated Net Effect on Other State Funds $0($180,462)($360,924)($2,406,158) Numbers within parentheses: () indicate costs or losses. L.R. No. 0685S.01I Bill No. SB 104 Page 2 of February 14, 2023 KLP:LR:OD ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTED FY 2024FY 2025FY 2026Fully Implemented (FY 2037) Total Estimated Net Effect on All Federal Funds $0$0$0$0 ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTED FY 2024FY 2025FY 2026Fully Implemented (FY 2037) Total Estimated Net Effect on FTE 000$0 ☒ 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 AFFECTED FY 2024FY 2025FY 2026Fully Implemented (FY 2037) Local Government*$0 Up to ($48,171,590) Up to ($96,343,180) Up to ($642,287,864) *Oversight notes local property tax revenues are designed to be revenue neutral from year to year. The tax levy is adjusted relative to the assessed value to produce roughly the same revenue from the prior year with an allowance for growth. Some taxing entities will be able to increase the tax rate levied on other property to make-up for the lost revenue from reduced assessments for personal property. L.R. No. 0685S.01I Bill No. SB 104 Page 3 of February 14, 2023 KLP:LR:OD FISCAL ANALYSIS ASSUMPTION Section 137.115 Personal Property Tax Officials from the State Tax Commission (STC) note this provision has a possible negative fiscal impact on local taxing jurisdictions such as school districts, counties, cities who rely on property tax assessments as a source of revenue. Under the criteria of SB 104, the percentage of true market value for personal property is reduced by 1% per year until the assessed value is 20 1/3% of the true market value. Using values for 2021 published on the State Tax Commission website, the personal property assessed values accounts for 18.38% of the total assessment which would equal $23,575,808,975.94. If the assessment percentage is reduced by 1%, the new assessed value for personal property would be $22,868,463,972.16. The loss in assessed value would correlate to a loss in taxes collected of $49,395,981.11. It is not possible to calculate values for the following 12 years of reductions due to changes in assessment of personal property and tax levy increases or rollbacks. Officials from the Department of Revenue (DOR) note currently personal property is assessed at a rate of 33 1/3% of appraised value, to determine its assessed value. This proposal starting January 1, 2024 through December 31, 2035 would lower that rate by 1% per year, reducing the assessed value of the property. This would reduce the rate to 21 1/3% by December 31, 2035. Then on January 1, 2036, it would set the new permanent personal property assessment rate at 20%. The County Assessors and the State Tax Commission handle the assessment of personal property. DOR will defer to them for the fiscal impact of this provision. The Department notes that the constitutionally created Blind Pension Fund (Article III, Section 38(b)) receives $.03 for each $100 valuation of taxable property in the state of Missouri. Reducing the assessed rate will decrease the amount they receive. DOR defers to the Department of Social Services for the estimated loss of funding. Officials from the Office of Administration - Budget and Planning (B&P) note this proposal reduces the personal property assessment value percentage from 33.33% to 20% beginning with tax year 2024. For calendar years 2024 through 2035, the assessment percentage is reduced by 1% from the previous year’s percentage. Beginning with calendar year 2036, personal property is to be assessed at 20% of its true value. Based on data published by STC, B&P determined that approximately 19.2% of all property is personal property and the total personal property assessed value for 2021 was $24,686,570,012. B&P then used the 2021 property tax levy audit report to estimate a population weighted statewide local property tax levy. In addition, B&P notes that the Blind Pension Trust Fund has a property tax levy of $0.03 per $100 valuation. L.R. No. 0685S.01I Bill No. SB 104 Page 4 of February 14, 2023 KLP:LR:OD B&P further notes that property taxes are levied for a calendar year, with the taxes owed by December 31 st of that year. Therefore, a reduction to a tax year’s assessed value will impact collections for the following fiscal year. For example: tax year 2024 reduction will impact FY25 collections. B&P estimates that this proposal could reduce revenues to the Blind Pension Trust Fund by $180,462 and local property tax collections by $48,171,590 in FY25. Once fully implemented in FY37, this proposal could reduce revenues to the Blind Pension Trust Fund by $2,406,158 and local property tax collections by $642,287,864. Table 1 shows the estimated impact per year. Table 1: Estimated Impact per Year Tax Year / Fiscal Year Estimated Local Loss Estimated Loss to Blind Pension Fund TY24 / FY25($48,171,590)($180,462) TY25 / FY26($96,343,180)($360,924) TY26 / FY27($144,514,769)($541,386) TY27/ FY28($192,686,359)($721,847) TY28 / FY29($240,857,949)($902,309) TY29/ FY30($289,029,539)($1,082,771) TY30 / FY31($337,201,129)($1,263,233) TY31 / FY32($385,372,718)($1,443,695) TY32 / FY33($433,544,308)($1,624,157) TY33 / FY34($481,715,898)($1,804,618) TY34 / FY35($529,887,488)($1,985,080) TY35 / FY36($578,059,078)($2,165,542) TY36 / FY37($642,287,864)($2,406,158) Officials from the Department of Social Services (DSS) Family Support Division (FSD) note Section 137.115 RSMo is amended to state that beginning January 1, 2024 and continuing until 2035, the percent of true value at which the assessor will annually assess personal property will L.R. No. 0685S.01I Bill No. SB 104 Page 5 of February 14, 2023 KLP:LR:OD be reduced by 1 percent per year. Beginning January 1, 2036, the assessor will annually assess all personal property at 20 percent of its true value in money. Blind Pension (BP) is funded from 0.03% of each $100 assessed valuation of taxable property. Reducing the personal property tax rate could impact the amount received for the Blind Pension fund. According to the State Tax Commission Annual Report $128,268,819,238 total assessed valuation for the State of Missouri comes from personal property. FSD made the assumption that this statute does not govern the assessment percentages of real property assessed by the tax commission (Centrally Assessed Companies). Therefore, any funds received for the BP fund from that source were not considered in the calculation of the fiscal impact of this legislation. Personal property is currently assessed at 33 1/3 percent of true value in money. Therefore, the $23,573,005,309 in property tax assessments reported in 2021 is 33 1/3% of the true value of personal property, which means the true value of the personal property assessed was $70,726,088,536 ($23,573,005,309/0.3333.) This proposed legislation will affect the BP fund as follows: Calendar Year True Value of Personal Property Assessed at Current Rate of 19% Assessment Rate, as amended per year Amended Assessed Value of Personal Property Personal Property Tax Collections for the BP fund (0.03% of each $100 assessed) Reduction in Collections for the BP Fund 2023$70,726,088,53633 1/3%$23,573,005,309$7,071,902$02024$70,726,088,53632 1/3%$22,865,744,424$6,859,723$212,1782025$70,726,088,53631 1/3%$22,158,483,538$6,647,545$424,3572026$70,726,088,53630 1/3%$21,451,222,653$6,435,367$636,5352027$70,726,088,53629 1/3%$20,743,961,768$6,223,189$848,7132028$70,726,088,53628 1/3%$20,036,700,882$6,011,010$1,060,8912029$70,726,088,53627 1/3%$19,329,439,997$5,798,832$1,273,0702030$70,726,088,53626 1/3%$18,622,179,111$5,586,654$1,485,2482031$70,726,088,53625 1/3%$17,914,918,226$5,374,475$1,697,4262032$70,726,088,53624 1/3%$17,207,657,341$5,162,297$1,909,6042033$70,726,088,53623 1/3%$16,500,396,455$4,950,119$2,121,7832034$70,726,088,53622 1/3%$15,793,135,570$4,737,941$2,333,9612035$70,726,088,53621 1/3%$15,085,874,685$4,525,762$2,546,1392036$70,726,088,53620%$14,145,217,707$4,243,565$2,828,336 L.R. No. 0685S.01I Bill No. SB 104 Page 6 of February 14, 2023 KLP:LR:OD Therefore, FSD estimates that the fiscal impact to the BP fund as a result of this legislation would be $212,178 in SFY 24; $424,357 in SFY 25; $636,535 in SFY 26; $848,713 in SFY 27; $1,060,891in SFY 28; $1,273,070 in SFY 29; $1,485,248 in SFY 30; $1,697,426 in SFY 31; $1,909,604 in SFY 32; $2,121,783 in SFY 33; $2,333,961 in SFY 34; $2,546,139 in SFY 35; and $2,828,336 ongoing. If the state chooses to continue funding BP payments at the current level, a general revenue pickup would be needed to replace lost BP fund revenue resulting from this legislation. The current BP payment is $750 per participant. If enacted, the BP payment would be reduced by $205 to $545 without the replacement of funding. Oversight assumes this proposal reduces the percentage at which personal property is assessed, effectively reducing the assessed value of personal property over time. Oversight notes the revenue growth in property tax is determined by the following method: Last year’s revenues plus an allowance for growth equal to either: • Inflation; • Growth in total assessed value, or; • 5%, whichever is lowest. Oversight assumes if any reduction in the percentage at which real residential property is assessed would reduce the maximum allowed revenue growth (relative to current law) which could impact all taxing entities. For example: Year Assessed Value Real Assessed Value PP Total Assessed Value Real and PP Revenue Growth Factor Maximum Allowed Revenue Base Year (Assumed) $4,250,000,000$750,000,000$5,000,000,000$6,240,000 Current Law (Next Year) (33.3%)$4,377,500,000$772,500,000$5,150,000,0003%$6,427,200 Next Proposed (Next Year) (32.3%) $4,377,500,000$749,301,802$5,126,801,8022.47%$6,394,335 Oversight applied a 3% growth in real and personal property. To calculate the proposed assessed value, Oversight reduced the 33.3% currently applied to personal property values by the proposed 1% reduction in year one (33.3% - 1% = 32.3%). *Using the $750,000,000 assessed value for personal property; Oversight calculated the full value of the personal property: L.R. No. 0685S.01I Bill No. SB 104 Page 7 of February 14, 2023 KLP:LR:OD Full Value of personal Property *.333 = $750,000,000 Full Value of personal Property = $750,000,000 /.333 Full Value of personal Property = $2,252,252,252 Using the full value of the personal property, Oversight applied a growth rate of 3% and calculated the different assessed values below. $2,252,252,252 x 1.03$2,319,819,820Total RP Value w/Growth$2,319,819,820 x 0.333$772,500,000Assessed Value RP (Current Law)Or$2,319,819,820 x 0.323$749,301,802Assessed Value RP (Proposed Law) Oversight notes, in the example above, the proposal functionally eliminates the allowable increase in revenues attributable to growth. Revenues become fixed in time. However, Oversight notes the maximum allowed revenue would be lower than what could have been achieved under current law. Oversight notes the above example only includes the initial 1% reduction in assessed value and does not account for the implications of the future reductions. Alternatively, if inflation or 5% is the lowest option for determining the maximum allowed revenue, the calculation of revenue growth may not be limited by the reduction in assessed personal property. However, Oversight notes property tax revenues are designed to be revenue neutral from year to year. The tax rate is adjusted relative to the assessed value to produce roughly the same revenue from the prior year with an allowance for growth. Therefore, this proposal may result in a higher tax rate relative to current law thus distributing more of the tax burden to real property owners (as personal property assessed values decrease). Oversight notes some taxing entities have tax rate ceilings that are at their statutory or voter approved maximum or are at a fixed rate. For these taxing entities, any decrease in the assessed values would not be offset by a higher tax rate (relative to current law), rather it would result in an actual loss of revenue. Based on information provided by the Office of the State Auditor, Oversight notes, in 2020, there were over 2,500 tax entities with 4,000 different tax rates. Of those entities, 2,980 tax rate ceilings were below the entities’ statutory or voter approved maximum tax rate and 1,098 tax rate ceilings were at the entities’ statutory or voter approved maximum rate. (These numbers do not include entities, which use a multi-rate method and calculate a separate tax rate for each subclass of property.) Oversight notes the proposed reduction in the percentage at which personal property is assessed could reduce the maximum allowed revenue growth (relative to current law) which could impact all taxing entities. Therefore, Oversight will note B&P’s estimated impact for all local political subdivisions on the fiscal note. L.R. No. 0685S.01I Bill No. SB 104 Page 8 of February 14, 2023 KLP:LR:OD In addition, Oversight notes the Office of Administration - Budget and Planning estimates this proposal could reduce revenues to the Blind Pension Trust Fund beginning in FY 2025. Oversight does not have information to the contrary and therefore, Oversight will reflect the estimates as provided by B&P to show the loss in property tax revenue for the Blind Pension Fund. Officials from the City of Springfield and the Newton County Health Department each assume this proposal would have a negative fiscal impact on their respective city/county of an indeterminate amount. Officials from the City of Kansas City and the St Louis County Health Department each assume the proposal will have no fiscal impact on their respective organizations. Officials from the Cole Camp Ambulance District note as a small Rural Ambulance District that relies heavily on property tax income, any reduction in property taxes without a provision that would replace the funds either through patient transports or sales tax increase, would greatly reduce the capabilities to provide adequate care to their patients. Officials from the Lincoln County Assessor assume this proposal would slowly shift the tax burden from personal property to real property over the term of reductions. Officials also assume computing issues will play into each assessment year to correspond with the annual reductions. Officials from the Fruitland Area Fire Protection District (FRUI) - Cape Girardeau assume this proposal, in the long run, would have a fiscal impact. Increased costs for supplies, labor costs, fuel, and equipment will continue. If their major source of income through property taxes is decreased, even over time, the results would be a reduction in services and possibly staff reductions to compensate for lost revenues. Officials from the Office of the State Auditor assume 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 this agency. L.R. No. 0685S.01I Bill No. SB 104 Page 9 of February 14, 2023 KLP:LR:OD FISCAL IMPACT – State Government FY 2024 (10 Mo.) FY 2025FY 2026Fully Implemented (FY 2037) BLIND PENSION FUNDRevenue Loss -§137.115 Reduction in Assessed value of personal property $0($180,462)($360,924)($2,406,158) ESTIMATED NET EFFECT ON BLIND PENSION FUND$0($180,462)($360,924)($2,406,158) FISCAL IMPACT – Local Government FY 2024 (10 Mo.) FY 2025FY 2026Fully Implemented (FY 2037) LOCAL POLITICAL SUBDIVISIONS Revenue Loss -§137.115 Reduction in Assessed value of personal property$0 Up to ($48,171,590) Up to ($96,343,180) Up to ($642,287,864) ESTIMATED NET EFFECT ON LOCAL POLITICAL SUBDIVISIONS$0 Up to ($48,171,590) Up to ($96,343,180) Up to ($642,287,864) FISCAL IMPACT – Small Business Oversight assumes there could be an impact to small businesses because taxing jurisdictions may be able to increase the levy to all other property owners to make up for the lost revenue. FISCAL DESCRIPTION Current law requires personal property to be assessed at 33.3% of its true value in money. Beginning with the 2024 calendar year, this act reduces such percentage by one percent a year through the 2035 calendar year. Beginning with the 2036 calendar year, personal property shall be assessed at 20% of its true value in money. L.R. No. 0685S.01I Bill No. SB 104 Page 10 of 10 February 14, 2023 KLP:LR:OD 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 State Tax Commission Office of Administration - Budget and Planning Department of Social Services Office of the State Auditor City of Kansas City City of Springfield Newton County Health Department St Louis County Health Department Lincoln County Assessor Fruitland Area Fire Protection District (FRUI) - Cape Girardeau Cole Camp Ambulance District Julie MorffRoss StropeDirectorAssistant DirectorFebruary 14, 2023February 14, 2023