1 | 1 | | |
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2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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3 | 3 | | and is intended to be omitted in the law. |
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4 | 4 | | SECOND REGULAR SESSION |
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5 | 5 | | SENATE BILL NO. 966 |
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6 | 6 | | 101ST GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR HOUGH. |
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8 | 8 | | 4572S.01I ADRIANE D. CROUSE, Secretary |
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9 | 9 | | AN ACT |
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10 | 10 | | To repeal section 321.552, RSMo, and to enact in lieu thereof one new section relating to a sales |
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11 | 11 | | tax for emergency services. |
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12 | 12 | | |
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13 | 13 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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14 | 14 | | Section A. Section 321.552, RSMo, is repealed and one new 1 |
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15 | 15 | | section enacted in lieu thereof, to be known as section 321.552, 2 |
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16 | 16 | | to read as follows:3 |
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17 | 17 | | 321.552. 1. Except in any county of the first 1 |
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18 | 18 | | classification with over two hundred thousand inhabitants, 2 |
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19 | 19 | | or any county of the first classification without a charter 3 |
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20 | 20 | | form of government and with more than seventy -three thousand 4 |
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21 | 21 | | seven hundred but less than seventy -three thousand eight 5 |
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22 | 22 | | hundred inhabitants; or any county of the first 6 |
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23 | 23 | | classification without a charter form of government and with 7 |
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24 | 24 | | more than one hundred eighty -four thousand but less than one 8 |
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25 | 25 | | hundred eighty-eight thousand inhabitants; or any county 9 |
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26 | 26 | | with a charter form of government with over one million 10 |
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27 | 27 | | inhabitants; or any county with a charter form of government 11 |
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28 | 28 | | with over two hundred eighty thousand inhabitants but less 12 |
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29 | 29 | | than three hundred thousand inhabitants, the governing body 13 |
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30 | 30 | | of any ambulance or fir e protection district may impose a 14 |
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31 | 31 | | sales tax in an amount up to [one-half of] one percent on 15 |
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32 | 32 | | all retail sales made in such ambulance or fire protection 16 |
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33 | 33 | | district which are subject to taxation pursuant to the 17 |
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34 | 34 | | provisions of sections 144.010 to 144.525 pro vided that such 18 SB 966 2 |
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35 | 35 | | sales tax shall be accompanied by a reduction in the 19 |
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36 | 36 | | district's tax rate as defined in section 137.073. The tax 20 |
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37 | 37 | | authorized by this section shall be in addition to any and 21 |
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38 | 38 | | all other sales taxes allowed by law, except that no sales 22 |
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39 | 39 | | tax imposed pursuant to the provisions of this section shall 23 |
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40 | 40 | | be effective unless the governing body of the ambulance or 24 |
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41 | 41 | | fire protection district submits to the voters of such 25 |
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42 | 42 | | ambulance or fire protection district, at a municipal or 26 |
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43 | 43 | | state general, primary o r special election, a proposal to 27 |
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44 | 44 | | authorize the governing body of the ambulance or fire 28 |
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45 | 45 | | protection district to impose a tax pursuant to this section. 29 |
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46 | 46 | | 2. The ballot of submission shall contain, but need 30 |
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47 | 47 | | not be limited to, the following language: 31 |
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48 | 48 | | 3. If a majority of the votes cast on the proposal by 49 |
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49 | 49 | | the qualified voters vo ting thereon are in favor of the 50 |
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50 | 50 | | proposal, then the sales tax authorized in this section 51 |
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51 | 51 | | shall be in effect and the governing body of the ambulance 52 |
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52 | 52 | | 32 |
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60 | 60 | | 40 |
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61 | 61 | | 41 |
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62 | 62 | | 42 |
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63 | 63 | | 43 |
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64 | 64 | | Shall ______ (insert name of ambulance or fire |
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65 | 65 | | protection district) impose a sales tax of ______ |
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66 | 66 | | (insert amount up to [one-half) of] one percent) |
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67 | 67 | | for the purpose of providing revenues for the |
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68 | 68 | | operation of the ______ (insert name of ambulance |
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69 | 69 | | or fire protection district) and the total |
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70 | 70 | | property tax levy on properties in the ______ |
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71 | 71 | | (insert name of the ambulance or fire protection |
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72 | 72 | | district) shall be re duced annually by an amount |
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73 | 73 | | which reduces property tax revenues by an amount |
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74 | 74 | | equal to fifty percent of the previous year's |
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75 | 75 | | revenue collected from this sales tax? |
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76 | 76 | | |
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77 | 77 | | 44 □ YES □ NO |
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78 | 78 | | 45 |
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79 | 79 | | 46 |
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80 | 80 | | 47 |
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81 | 81 | | 48 |
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82 | 82 | | If you are in favor of the question, place an "X" |
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83 | 83 | | in the box opposite "YES". If you are opposed to |
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84 | 84 | | the question, place an "X" in the box opposite |
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85 | 85 | | "NO". |
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86 | 86 | | SB 966 3 |
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87 | 87 | | or fire protection district shall lower the level of its tax 53 |
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88 | 88 | | rate by an amount which reduces property ta x revenues by an 54 |
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89 | 89 | | amount equal to fifty percent of the amount of sales tax 55 |
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90 | 90 | | collected in the preceding year. If a majority of the votes 56 |
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91 | 91 | | cast by the qualified voters voting are opposed to the 57 |
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92 | 92 | | proposal, then the governing body of the ambulance or fire 58 |
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93 | 93 | | protection district shall not impose the sales tax 59 |
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94 | 94 | | authorized in this section unless and until the governing 60 |
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95 | 95 | | body of such ambulance or fire protection district resubmits 61 |
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96 | 96 | | a proposal to authorize the governing body of the ambulance 62 |
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97 | 97 | | or fire protection distr ict to impose the sales tax 63 |
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98 | 98 | | authorized by this section and such proposal is approved by 64 |
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99 | 99 | | a majority of the qualified voters voting thereon. 65 |
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100 | 100 | | 4. All revenue received by a district from the tax 66 |
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101 | 101 | | authorized pursuant to this section shall be deposited in a 67 |
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102 | 102 | | special trust fund, and be used solely for the purposes 68 |
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103 | 103 | | specified in the proposal submitted pursuant to this section 69 |
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104 | 104 | | for so long as the tax shall remain in effect. 70 |
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105 | 105 | | 5. All sales taxes collected by the director of 71 |
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106 | 106 | | revenue pursuant to this sectio n, less one percent for cost 72 |
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107 | 107 | | of collection which shall be deposited in the state's 73 |
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108 | 108 | | general revenue fund after payment of premiums for surety 74 |
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109 | 109 | | bonds as provided in section 32.087, shall be deposited in a 75 |
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110 | 110 | | special trust fund, which is hereby created, to be known as 76 |
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111 | 111 | | the "Ambulance or Fire Protection District Sales Tax Trust 77 |
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112 | 112 | | Fund". The moneys in the ambulance or fire protection 78 |
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113 | 113 | | district sales tax trust fund shall not be deemed to be 79 |
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114 | 114 | | state funds and shall not be commingled with any funds of 80 |
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115 | 115 | | the state. The director of revenue shall keep accurate 81 |
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116 | 116 | | records of the amount of money in the trust and the amount 82 |
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117 | 117 | | collected in each district imposing a sales tax pursuant to 83 |
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118 | 118 | | this section, and the records shall be open to inspection by 84 SB 966 4 |
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119 | 119 | | officers of the county and to the public. Not later than 85 |
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120 | 120 | | the tenth day of each month the director of revenue shall 86 |
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121 | 121 | | distribute all moneys deposited in the trust fund during the 87 |
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122 | 122 | | preceding month to the governing body of the district which 88 |
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123 | 123 | | levied the tax; such funds shall be deposite d with the board 89 |
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124 | 124 | | treasurer of each such district. 90 |
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125 | 125 | | 6. The director of revenue may make refunds from the 91 |
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126 | 126 | | amounts in the trust fund and credit any district for 92 |
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127 | 127 | | erroneous payments and overpayments made, and may redeem 93 |
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128 | 128 | | dishonored checks and drafts dep osited to the credit of such 94 |
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129 | 129 | | district. If any district abolishes the tax, the district 95 |
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130 | 130 | | shall notify the director of revenue of the action at least 96 |
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131 | 131 | | ninety days prior to the effective date of the repeal and 97 |
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132 | 132 | | the director of revenue may order retention in the trust 98 |
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133 | 133 | | fund, for a period of one year, of two percent of the amount 99 |
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134 | 134 | | collected after receipt of such notice to cover possible 100 |
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135 | 135 | | refunds or overpayment of the tax and to redeem dishonored 101 |
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136 | 136 | | checks and drafts deposited to the credit of such accounts. 102 |
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137 | 137 | | After one year has elapsed after the effective date of 103 |
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138 | 138 | | abolition of the tax in such district, the director of 104 |
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139 | 139 | | revenue shall remit the balance in the account to the 105 |
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140 | 140 | | district and close the account of that district. The 106 |
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141 | 141 | | director of revenue shall notify eac h district of each 107 |
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142 | 142 | | instance of any amount refunded or any check redeemed from 108 |
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143 | 143 | | receipts due the district. 109 |
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144 | 144 | | 7. Except as modified in this section, all provisions 110 |
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145 | 145 | | of sections 32.085 and 32.087 shall apply to the tax imposed 111 |
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146 | 146 | | pursuant to this section. 112 |
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147 | 147 | | |
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