NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.



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F I S C A L I M P A C T R E P O R T





SPONSOR: Campos DATE TYPED: 03/06/01 HB
SHORT TITLE: Change Deadline for Delinquent Tax Payment SB 356/aSFC
ANALYST: Williams/Rael


APPROPRIATION



Appropriation Contained
Estimated Additional Impact
Recurring

or Non-Rec

Fund

Affected

FY01 FY02 FY01 FY02
NFI



(Parenthesis ( ) Indicate Expenditure Decreases)



Duplicates HB138



REVENUE



Estimated Revenue
Subsequent

Years Impact

Recurring

or Non-Rec

Fund

Affected

FY01 FY02
No Significant Fiscal Impact - See Narrative



(Parenthesis ( ) Indicate Revenue Decreases)



SOURCES OF INFORMATION

LFC Files

Taxation and Revenue Department (TRD)



SUMMARY



Synopsis of SFC Amendment



The Senate Finance Committee amendment adds a new section amending section 7-38-67 to provide for publishing notice in a local newspaper. Notice may still be published in a newspaper of general circulation in addition to the local newspaper. If there is no local county or municipal newspaper, notice may be published in a county contiguous to the county in which the real property is located.



Synopsis of Original Bill



The bill would change the due date for delinquent property taxes and associated penalties, interest and costs (or related installment agreement) to 5:00 p.m. of the day prior to the date of sale, rather than the day of the sale. These requirements are also made subject to provisions that: 1) if the last day to meet the requirements falls on a weekend or holiday, the requirement falls on the next working day and 2) Mailed transactions are acceptable if the postmark reflects the required date. The bill would be effective on July 1, 2001.



FISCAL IMPLICATIONS



Significant fiscal impacts are not expected.



ADMINISTRATIVE IMPLICATIONS

TRD notes the provisions could improve efficiency of the property tax system.



TECHNICAL ISSUES



TRD notes the Department may not be aware of the situation in which taxes are paid by mail and postmarked on a day prior to sale, but the payment has not yet been received by TRD. TRD proposes requiring receipt of payment by the deadline through regulation.



POSSIBLE QUESTIONS

1. Under "Technical Issues", TRD notes "As a practical matter, the Department would probably continue to accept payment on the date of sale in many cases. It would not be required to do so, however." Who would determine this outcome and on what criteria?



2. Does the legislation appropriately address alternative forms of payment such as payment via overnight courier and potentially Internet payment applications?



AW:FAR/njw:ar