Missouri 2023 Regular Session

Missouri Senate Bill SJR35 Latest Draft

Bill / Engrossed Version

                             
FIRST REGULAR SESSION 
[PERFECTED] 
SENATE JOINT RESOLUTION NO. 35 
102ND GENERAL ASSEMBLY  
INTRODUCED BY SENATOR SCHROER. 
1516S.01P 	KRISTINA MARTIN, Secretary  
JOINT RESOLUTION 
Submitting to the qualified voters of Missouri, an amendment repealing section 6 of article X of 
the Constitution of Missouri, and adopting one new section in lieu thereof relating to 
property taxes. 
 
Be it resolved by the Senate, the House of Representatives concurring therein: 
     That at the next general election to be held in the 1 
state of Missouri, on Tuesday next following the first Monday 2 
in November, 2024, or at a special election to be called by 3 
the governor for that purpose, there is hereby submitted to 4 
the qualified voters of this state, for adoption or 5 
rejection, the following amendment to article X of the 6 
Constitution of the state of Missouri:7 
     Section A.  Section 6, article X, Constit ution of Missouri, 1 
is repealed and one new section adopted in lieu thereof, to be 2 
known as section 6, to read as follows:3 
     Section 6.  1.  All property, real and personal, of the 1 
state, counties and other political subdivisions, and 2 
nonprofit cemeteries, and all real property used as a 3 
homestead as defined by law of any citizen of this state who 4 
is a former prisoner of war, as defined by law, and who has 5 
a total service-connected disability, shall be exempt from 6 
taxation; all personal property he ld as industrial  7 
inventories, including raw materials, work in progress and 8 
finished work on hand, by manufacturers and refiners, and 9   SJR 35 	2 
all personal property held as goods, wares, merchandise, 10 
stock in trade or inventory for resale by distributors, 11 
wholesalers, or retail merchants or establishments shall be 12 
exempt from taxation; and all property, real and personal, 13 
not held for private or corporate profit and used 14 
exclusively for religious worship, for schools and colleges, 15 
for purposes purely charit able, for agricultural and 16 
horticultural societies, or for veterans' organizations may 17 
be exempted from taxation by general law.  In addition to  18 
the above, household goods, furniture, wearing apparel and 19 
articles of personal use and adornment owned and used by a  20 
person in his home or dwelling place may be exempt from 21 
taxation by general law but any such law may provide for 22 
approximate restitution to the respective political 23 
subdivisions of revenues lost by reason of the exemption.   24 
All laws exempting from taxation property other than the 25 
property enumerated in this article, shall be void.  The  26 
provisions of this section exempting certain personal 27 
property of manufacturers, refiners, distributors, 28 
wholesalers, and retail merchants and establishme nts from  29 
taxation shall become effective, unless otherwise provided 30 
by law, in each county on January 1 of the year in which 31 
that county completes its first general reassessment as 32 
defined by law. 33 
     2.  All revenues lost because of the exemption of 34 
certain personal property of manufacturers, refiners, 35 
distributors, wholesalers, and retail merchants and 36 
establishments shall be replaced to each taxing authority 37 
within a county from a countywide tax hereby imposed on all 38 
property in subclass 3 of c lass 1 in each county.  For the  39 
year in which the exemption becomes effective, the county 40 
clerk shall calculate the total revenue lost by all taxing 41   SJR 35 	3 
authorities in the county and extend upon all property in 42 
subclass 3 of class 1 within the county, a ta x at the rate  43 
necessary to produce that amount.  The rate of tax levied in 44 
each county according to this subsection shall not be 45 
increased above the rate first imposed and will stand levied 46 
at that rate unless later reduced according to the 47 
provisions of subsection 3.  The county collector shall 48 
disburse the proceeds according to the revenue lost by each 49 
taxing authority because of the exemption of such property 50 
in that county.  Restitution of the revenues lost by any 51 
taxing district contained in m ore than one county shall be 52 
from the several counties according to the revenue lost 53 
because of the exemption of property in each county.  Each  54 
year after the first year the replacement tax is imposed, 55 
the amount distributed to each taxing authority in a county  56 
shall be increased or decreased by an amount equal to the 57 
amount resulting from the change in that district's total 58 
assessed value of property in subclass 3 of class 1 at the 59 
countywide replacement tax rate.  In order to implement the 60 
provisions of this subsection, the limits set in section 61 
11(b) of this article may be exceeded, without voter 62 
approval, if necessary to allow each county listed in 63 
section 11(b) to comply with this subsection. 64 
     3.  Any increase in the tax rate imposed pur suant to  65 
subsection 2 of this section shall be decreased if such 66 
decrease is approved by a majority of the voters of the 67 
county voting on such decrease or by the elected governing 68 
body of the county as provided by the rules and procedures 69 
of such county.  The provisions of section 22 of this 70 
article shall apply the tax levy imposed pursuant to 71 
subsection 2 of this section .  A decrease in the increased 72 
tax rate imposed under subsection 2 of this section may be 73   SJR 35 	4 
submitted to the voters of a county by the governing body 74 
thereof upon its own order, ordinance, or resolution and 75 
shall be submitted upon the petition of at least eight 76 
percent of the qualified voters who voted in the immediately 77 
preceding gubernatorial election. 78 
     4.  As used in this section, the terms "revenues lost" 79 
and "lost revenues" shall mean that revenue which each 80 
taxing authority received from the imposition of a tangible 81 
personal property tax on all personal property held as 82 
industrial inventories, including raw materials, work in  83 
progress and finished work on hand, by manufacturers and 84 
refiners, and all personal property held as goods, wares, 85 
merchandise, stock in trade or inventory for resale by 86 
distributors, wholesalers, or retail merchants or 87 
establishments in the last full tax year immediately 88 
preceding the effective date of the exemption from taxation 89 
granted for such property under subsection 1 of this 90 
section, and which was no longer received after such 91 
exemption became effective. 92 
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