Date Requested:March 02, 2009
Time Requested:04:35 PM
Agency: State Tax Department
CBD Number: Version: Bill Number: Resolution Number:
2009R1814 Introduced HB2915
CBD Subject: LEGALIZE FIREWORKS TO FUND FIRE DEPARTMENTS
FUND(S)
Volunteer Fire Department Fireworks Fund
Sources of Revenue
Special Fund
Legislation creates:
A New Fund

Fiscal Note Summary

Effect this measure will have on costs and revenues of state government.

    The stated purpose of this bill is to authorize the sale of prohibited fireworks; to require the sales tax on fireworks to be ten percent; and to establish a special fund that distributes the firework sales tax proceeds equally to each West Virginia volunteer fire department.
    
    As written, this bill would place a 10% sales tax on the sale of fireworks authorized by §29-3-24. The passage of this bill could result in annual revenue of between $1 million and $2 million for the “Volunteer Fire Department Fireworks Fund”.
    
    However, it should be noted that this bill would be in violation of the Streamlined Sales and Use Tax Agreement (SSUTA), of which West Virginia is a member state. The SSUTA restricts member states from having multiple state sales and use tax rates on property or services, with the exception of food and drugs.
    
    Additional administrative costs to the State Tax Department from the passage of this bill would be minimal.
    

Fiscal Note Detail
Over-all effect
Effect of Proposal Fiscal Year
2009
Increase/Decrease
(use"-")
2010
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 4,000 0 0
Personal Services 0 0 0
Current Expenses 4,000 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 0 0
3. Explanation of above estimates (including long-range effect):
    The stated purpose of this bill is to authorize the sale of prohibited fireworks; to require the sales tax on fireworks to be ten percent; and to establish a special fund that distributes the firework sales tax proceeds equally to each West Virginia volunteer fire department.
    
    As written, this bill would place a 10% sales tax on the sale of fireworks authorized by §29-3-24. The passage of this bill could result in annual revenue of between $1 million and $2 million for the “Volunteer Fire Department Fireworks Fund”.
    
    However, it should be noted that this bill would be in violation of the Streamlined Sales and Use Tax Agreement (SSUTA), of which West Virginia is a member state. The SSUTA restricts member states from having multiple state sales and use tax rates on property or services, with the exception of food and drugs.
    
    Additional administrative costs to the State Tax Department from the passage of this bill would be minimal.
    


Memorandum
Person submitting Fiscal Note:
Mark Muchow
Email Address:
kpetry@tax.state.wv.us
    The stated purpose of this bill is to authorize the sale of prohibited fireworks; to require the sales tax on fireworks to be ten percent; and to establish a special fund that distributes the firework sales tax proceeds equally to each West Virginia volunteer fire department.
    
    The proposed bill would be in violation of the Streamlined Sales and Use Tax Agreement (SSUTA), of which W.Va. is a member state. The SSUTA restricts member states from having multiple state sales and use tax rates on property or services, with the exception of food and drugs. This bill proposes to have a higher sales tax rate on fireworks than other personal property or services.