Missouri 2023 Regular Session

Missouri Senate Bill SJR26 Compare Versions

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22 FIRST REGULAR SESSION
33 [TRULY AGREED TO AND FINALLY PASSED ]
44 SENATE JOINT RESOLUTION NO. 26
55 102ND GENERAL ASSEMBLY
66 2023
77 1079S.01T
88 JOINT RESOLUTION
99 Submitting to the qualified voters of Missouri, an amendment repealing section 6 of article X of
1010 the Constitution of Missouri, and adopting one new section in lieu thereof relating to a
1111 property tax exemption for certain child care facilities.
1212
1313 Be it resolved by the Senate, the House of Representatives concurring therein:
1414 That at the next general election to be held in the 1
1515 state of Missouri, on Tuesday next following the first Monday 2
1616 in November, 2024, or at a special election to be call ed by 3
1717 the governor for that purpose, there is hereby submitted to 4
1818 the qualified voters of this state, for adoption or 5
1919 rejection, the following amendment to article X of the 6
2020 Constitution of the state of Missouri:7
2121 Section A. Section 6, article X, Constitution of Missouri, 1
2222 is repealed and one new section adopted in lieu thereof, to be 2
2323 known as section 6, to read as follows:3
2424 Section 6. 1. All property, real and personal, of the 1
2525 state, counties and other political subdivisions, and 2
2626 nonprofit cemeteries, and all real property used as a 3
2727 homestead as defined by law of any citizen of this state who 4
2828 is a former prisoner of war, as defined by law, and who has 5
2929 a total service-connected disability, shall be exempt from 6
3030 taxation; all personal property held as industrial 7
3131 inventories, including raw materials, work in progress and 8
3232 finished work on hand, by manufacturers and refiners, and 9
3333 all personal property held as goods, wares, merchandise, 10 SJR 26 2
3434 stock in trade or inventory for resale by distribu tors, 11
3535 wholesalers, or retail merchants or establishments shall be 12
3636 exempt from taxation; and all property, real and personal, 13
3737 not held for private or corporate profit and used 14
3838 exclusively for religious worship, for schools and colleges, 15
3939 for purposes purely charitable, for agricultural and 16
4040 horticultural societies, or for veterans' organizations may 17
4141 be exempted from taxation by general law. In addition to 18
4242 the above, household goods, furniture, wearing apparel and 19
4343 articles of personal use and adornmen t owned and used by a 20
4444 person in his home or dwelling place may be exempt from 21
4545 taxation by general law but any such law may provide for 22
4646 approximate restitution to the respective political 23
4747 subdivisions of revenues lost by reason of the exemption. 24
4848 All laws exempting from taxation property other than the 25
4949 property enumerated in this article, shall be void. The 26
5050 provisions of this section exempting certain personal 27
5151 property of manufacturers, refiners, distributors, 28
5252 wholesalers, and retail merchants and establishments from 29
5353 taxation shall become effective, unless otherwise provided 30
5454 by law, in each county on January 1 of the year in which 31
5555 that county completes its first general reassessment as 32
5656 defined by law. 33
5757 2. All revenues lost because of the ex emption of 34
5858 certain personal property of manufacturers, refiners, 35
5959 distributors, wholesalers, and retail merchants and 36
6060 establishments shall be replaced to each taxing authority 37
6161 within a county from a countywide tax hereby imposed on all 38
6262 property in subclass 3 of class 1 in each county. For the 39
6363 year in which the exemption becomes effective, the county 40
6464 clerk shall calculate the total revenue lost by all taxing 41
6565 authorities in the county and extend upon all property in 42 SJR 26 3
6666 subclass 3 of class 1 within the c ounty, a tax at the rate 43
6767 necessary to produce that amount. The rate of tax levied in 44
6868 each county according to this subsection shall not be 45
6969 increased above the rate first imposed and will stand levied 46
7070 at that rate unless later reduced according to the 47
7171 provisions of subsection 3. The county collector shall 48
7272 disburse the proceeds according to the revenue lost by each 49
7373 taxing authority because of the exemption of such property 50
7474 in that county. Restitution of the revenues lost by any 51
7575 taxing district contained in more than one county shall be 52
7676 from the several counties according to the revenue lost 53
7777 because of the exemption of property in each county. Each 54
7878 year after the first year the replacement tax is imposed, 55
7979 the amount distributed to each taxing a uthority in a county 56
8080 shall be increased or decreased by an amount equal to the 57
8181 amount resulting from the change in that district's total 58
8282 assessed value of property in subclass 3 of class 1 at the 59
8383 countywide replacement tax rate. In order to implement the 60
8484 provisions of this subsection, the limits set in section 61
8585 11(b) of this article may be exceeded, without voter 62
8686 approval, if necessary to allow each county listed in 63
8787 section 11(b) to comply with this subsection. 64
8888 3. Any increase in the tax rate imposed pursuant to 65
8989 subsection 2 of this section shall be decreased if such 66
9090 decrease is approved by a majority of the voters of the 67
9191 county voting on such decrease. A decrease in the increased 68
9292 tax rate imposed under subsection 2 of this section may be 69
9393 submitted to the voters of a county by the governing body 70
9494 thereof upon its own order, ordinance, or resolution and 71
9595 shall be submitted upon the petition of at least eight 72
9696 percent of the qualified voters who voted in the immediately 73
9797 preceding gubernator ial election. 74 SJR 26 4
9898 4. As used in this section, the terms "revenues lost" 75
9999 and "lost revenues" shall mean that revenue which each 76
100100 taxing authority received from the imposition of a tangible 77
101101 personal property tax on all personal property held as 78
102102 industrial inventories, including raw materials, work in 79
103103 progress and finished work on hand, by manufacturers and 80
104104 refiners, and all personal property held as goods, wares, 81
105105 merchandise, stock in trade or inventory for resale by 82
106106 distributors, wholesalers, or ret ail merchants or 83
107107 establishments in the last full tax year immediately 84
108108 preceding the effective date of the exemption from taxation 85
109109 granted for such property under subsection 1 of this 86
110110 section, and which was no longer received after such 87
111111 exemption became effective. 88
112112 5. Because the availability of childcare supports the 89
113113 well-being of children, families, the workforce, and society 90
114114 as a whole, all property, real and personal, used primarily 91
115115 for the care of a child outside of his or her home may be 92
116116 exempted from taxation by general law. If a portion of the 93
117117 property of an individual or a for profit or nonprofit 94
118118 corporation, organization, or association is used for such 95
119119 childcare, an assessing authority may be authorized by 96
120120 general law to exempt f rom the assessment, levy, and 97
121121 collection of taxes such portion of the property of such 98
122122 individual, corporation, organization, or association that 99
123123 is used primarily for such childcare. 100
124124 Section B. Pursuant to chapter 116, and other 1
125125 applicable constitutional provisions and laws of this state 2
126126 allowing the general assembly to adopt ballot language for 3
127127 the submission of this joint resolution to the voters of 4
128128 this state, the official summary statement of this 5
129129 resolution shall be as foll ows: 6 SJR 26 5
130130 "Shall the Missouri Constitution be amended to 7
131131 allow places where individuals, corporations, 8
132132 organizations, and associations provide 9
133133 childcare outside of the child's home to be 10
134134 exempt from property tax? This is intended to 11
135135 make childcare more av ailable, which would 12
136136 support the well-being of children, families, 13
137137 the workforce, and society as a whole." 14
138138