House Passes Revenue Legislation

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Late last night the House passed their proposed revenue package (SB 6143) with a vote of 52-45.

Though the House passed their proposed revenue package from committee to the floor last week  (HB 3191), it is the Senate’s proposed revenue legislation that the House voted on last night.

The House passed a striker, which removes the language from the Senate’s revenue legislation and replaces it with the House’s proposed revenue package (HB 3191). As a result the House effectively passed their proposed revenue package using SB 6143 as the vehicle.

The striking language passed by the House narrows or eliminates numerous current tax loopholes; removes sales tax exemptions for bottled water, elective cosmetic surgery, candy & gum, and custom software; and includes various other measures.

The House considered 18 amendments to the bill, of which nine were adopted.

  • Requires the applicant for the rural county sales tax exemption/deferral program to provide information on new jobs for the local work force.
  • Requires the department of revenue and the other members of the streamlined sales tax project advisory group to recommend modifications to the definition of candy under the streamlined agreement.
  • Removes provisions imposing sales tax on janitorial services.
  • Changes the effective date of the minimum nexus provisions from April 1, 2010, to July 1, 2010. Makes a technical correction.
  • Eliminates the July 1, 2020, expiration date for the livestock nutrient management sales and use tax exemption.
  • Expires, on July 1, 2011, the section that allow the DOR to disregard tax avoidance transactions.
  • Changes the effective date of the provisions modifying the 1st  mortgage deduction from April 1, 2010, to July 1, 2010.
  • Caps the aircraft tax for aircraft manufactured in 1970 and before to an amount that is twice the current aircraft tax.
  • Clarifies that the nexus and apportionment provisions only apply to state business and occupation taxes and not local taxes.

The House’s revenue legislation generates $700 million in new revenue for the 2009-11 biennium. This is approximately $190 million less than the revenue passed by the Senate over the weekend.  

SB 6143 now goes back to the Senate for concurrence. If the Senate does not agree to the changes the House made then the bill will move to conference.