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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 JOINT RESOLUTION NO. 58 |
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6 | 6 | | 102ND GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR LUETKEMEYER. |
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8 | 8 | | 3794S.01I KRISTINA MARTIN, Secretary |
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9 | 9 | | JOINT RESOLUTION |
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10 | 10 | | Submitting to the qualified voters of Missouri, an amendment repealing section 6 of article X of |
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11 | 11 | | the Constitution of Missouri, and adopting one new section in lieu thereof relating to |
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12 | 12 | | property tax exemptions. |
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13 | 13 | | |
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14 | 14 | | Be it resolved by the Senate, the House of Representatives concurring therein: |
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15 | 15 | | That at the next general election to be held in the 1 |
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16 | 16 | | state of Missouri, on Tuesday next following the first Monday 2 |
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17 | 17 | | in November, 2024, or at a special election to be called by 3 |
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18 | 18 | | the governor for that purpose, there is hereby submitted to 4 |
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19 | 19 | | the qualified voters of this state, for adoption or 5 |
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20 | 20 | | rejection, the following amendment to article X of the 6 |
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21 | 21 | | Constitution of the state of Missouri:7 |
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22 | 22 | | Section A. Section 6, article X, Constitution of Missouri, 1 |
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23 | 23 | | is repealed and one new section adopted in lieu thereof, to be 2 |
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24 | 24 | | known as section 6, to read as follows:3 |
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25 | 25 | | Section 6. 1. All property, real and personal, of the 1 |
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26 | 26 | | state, counties and other political subdivisions, and 2 |
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27 | 27 | | nonprofit cemeteries, [and] all real property used as a 3 |
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28 | 28 | | homestead as defined by law of any citizen of this state who 4 |
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29 | 29 | | is a former prisoner o f war, as defined by law, and [who has 5 |
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30 | 30 | | a total service-connected disability, ] all real property 6 |
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31 | 31 | | used as a homestead as defined by law of any disabled 7 |
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32 | 32 | | veteran shall be exempt from taxation; all personal property 8 |
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33 | 33 | | held as industrial inventories, including raw materials, 9 |
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34 | 34 | | work in progress and finished work on hand, by manufacturers 10 SJR 58 2 |
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35 | 35 | | and refiners, and all personal property held as goods, 11 |
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36 | 36 | | wares, merchandise, stock in trade or inventory for resale 12 |
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37 | 37 | | by distributors, wholesalers, or retail merchants or 13 |
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38 | 38 | | establishments shall be exempt from taxation; and all 14 |
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39 | 39 | | property, real and personal, not held for private or 15 |
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40 | 40 | | corporate profit and used exclusively for religious worship, 16 |
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41 | 41 | | for schools and colleges, for purposes purely charitable, 17 |
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42 | 42 | | for agricultural and horticultura l societies, or for 18 |
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43 | 43 | | veterans' organizations may be exempted from taxation by 19 |
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44 | 44 | | general law. In addition to the above, household goods, 20 |
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45 | 45 | | furniture, wearing apparel and articles of personal use and 21 |
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46 | 46 | | adornment owned and used by a person in his home or dwelli ng 22 |
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47 | 47 | | place may be exempt from taxation by general law but any 23 |
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48 | 48 | | such law may provide for approximate restitution to the 24 |
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49 | 49 | | respective political subdivisions of revenues lost by reason 25 |
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50 | 50 | | of the exemption. All laws exempting from taxation property 26 |
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51 | 51 | | other than the property enumerated in this article, shall be 27 |
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52 | 52 | | void. The provisions of this section exempting certain 28 |
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53 | 53 | | personal property of manufacturers, refiners, distributors, 29 |
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54 | 54 | | wholesalers, and retail merchants and establishments from 30 |
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55 | 55 | | taxation shall become effectiv e, unless otherwise provided 31 |
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56 | 56 | | by law, in each county on January 1 of the year in which 32 |
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57 | 57 | | that county completes its first general reassessment as 33 |
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58 | 58 | | defined by law. 34 |
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59 | 59 | | 2. All revenues lost because of the exemption of 35 |
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60 | 60 | | certain personal property of manufactur ers, refiners, 36 |
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61 | 61 | | distributors, wholesalers, and retail merchants and 37 |
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62 | 62 | | establishments shall be replaced to each taxing authority 38 |
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63 | 63 | | within a county from a countywide tax hereby imposed on all 39 |
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64 | 64 | | property in subclass 3 of class 1 in each county. For the 40 |
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65 | 65 | | year in which the exemption becomes effective, the county 41 |
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66 | 66 | | clerk shall calculate the total revenue lost by all taxing 42 SJR 58 3 |
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67 | 67 | | authorities in the county and extend upon all property in 43 |
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68 | 68 | | subclass 3 of class 1 within the county, a tax at the rate 44 |
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69 | 69 | | necessary to produce that amount. The rate of tax levied in 45 |
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70 | 70 | | each county according to this subsection shall not be 46 |
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71 | 71 | | increased above the rate first imposed and will stand levied 47 |
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72 | 72 | | at that rate unless later reduced according to the 48 |
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73 | 73 | | provisions of subsection 3. The county collector shall 49 |
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74 | 74 | | disburse the proceeds according to the revenue lost by each 50 |
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75 | 75 | | taxing authority because of the exemption of such property 51 |
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76 | 76 | | in that county. Restitution of the revenues lost by any 52 |
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77 | 77 | | taxing district contained in more than one county shall be 53 |
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78 | 78 | | from the several counties according to the revenue lost 54 |
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79 | 79 | | because of the exemption of property in each county. Each 55 |
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80 | 80 | | year after the first year the replacement tax is imposed, 56 |
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81 | 81 | | the amount distributed to each taxing authority in a county 57 |
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82 | 82 | | shall be increased or decreas ed by an amount equal to the 58 |
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83 | 83 | | amount resulting from the change in that district's total 59 |
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84 | 84 | | assessed value of property in subclass 3 of class 1 at the 60 |
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85 | 85 | | countywide replacement tax rate. In order to implement the 61 |
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86 | 86 | | provisions of this subsection, the limits set in section 62 |
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87 | 87 | | 11(b) of this article may be exceeded, without voter 63 |
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88 | 88 | | approval, if necessary to allow each county listed in 64 |
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89 | 89 | | section 11(b) to comply with this subsection. 65 |
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90 | 90 | | 3. Any increase in the tax rate imposed pursuant to 66 |
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91 | 91 | | subsection 2 of this section s hall be decreased if such 67 |
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92 | 92 | | decrease is approved by a majority of the voters of the 68 |
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93 | 93 | | county voting on such decrease. A decrease in the increased 69 |
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94 | 94 | | tax rate imposed under subsection 2 of this section may be 70 |
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95 | 95 | | submitted to the voters of a county by the governi ng body 71 |
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96 | 96 | | thereof upon its own order, ordinance, or resolution and 72 |
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97 | 97 | | shall be submitted upon the petition of at least eight 73 SJR 58 4 |
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98 | 98 | | percent of the qualified voters who voted in the immediately 74 |
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99 | 99 | | preceding gubernatorial election. 75 |
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100 | 100 | | 4. (1) As used in this section , the terms "revenues 76 |
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101 | 101 | | lost" and "lost revenues" shall mean that revenue which each 77 |
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102 | 102 | | taxing authority received from the imposition of a tangible 78 |
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103 | 103 | | personal property tax on all personal property held as 79 |
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104 | 104 | | industrial inventories, including raw materials, work in 80 |
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105 | 105 | | progress and finished work on hand, by manufacturers and 81 |
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106 | 106 | | refiners, and all personal property held as goods, wares, 82 |
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107 | 107 | | merchandise, stock in trade or inventory for resale by 83 |
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108 | 108 | | distributors, wholesalers, or retail merchants or 84 |
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109 | 109 | | establishments in the last f ull tax year immediately 85 |
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110 | 110 | | preceding the effective date of the exemption from taxation 86 |
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111 | 111 | | granted for such property under subsection 1 of this 87 |
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112 | 112 | | section, and which was no longer received after such 88 |
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113 | 113 | | exemption became effective. 89 |
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114 | 114 | | (2) As used in this section , the term "disabled 90 |
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115 | 115 | | veteran" shall mean an individual who: 91 |
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116 | 116 | | (a) Is a resident of this state; 92 |
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117 | 117 | | (b) Has been separated under honorable conditions from 93 |
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118 | 118 | | active service in: 94 |
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119 | 119 | | a. Any branch of the Armed Forces of the United States; 95 |
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120 | 120 | | b. Any reserve component of the Armed Forces of the 96 |
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121 | 121 | | United States; 97 |
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122 | 122 | | c. The National Guard of this state as defined in 32 98 |
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123 | 123 | | U.S.C. Section 101, as amended; or 99 |
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124 | 124 | | d. Any defense force of this state as described in 32 100 |
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125 | 125 | | U.S.C. Section 109, as amended; and 101 |
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126 | 126 | | (c) Has been certified by the United States Department 102 |
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127 | 127 | | of Veterans Affairs or its successor agency to be in receipt 103 |
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128 | 128 | | of disability compensation at the one hundred percent rate 104 |
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129 | 129 | | as a result of a service -connected disability claim allowed 105 SJR 58 5 |
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130 | 130 | | by the United States Department of Veterans Affairs, with 106 |
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131 | 131 | | such disability being permanent and sustained through 107 |
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132 | 132 | | military action or accident or resulting from disease 108 |
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133 | 133 | | contracted while in such active service. 109 |
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134 | 134 | | Section B. Pursuant to chapter 116, and other 1 |
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135 | 135 | | applicable constitutional provisions and laws of this state 2 |
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136 | 136 | | allowing the general assembly to adopt ballot language for 3 |
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137 | 137 | | the submission of this joint resolution to the voters of 4 |
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138 | 138 | | this state, the official summary statement of this 5 |
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139 | 139 | | resolution shall be as follows: 6 |
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140 | 140 | | "Shall the Missouri Constitution be amended to 7 |
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141 | 141 | | exempt veterans of the Armed Forces with a total 8 |
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142 | 142 | | service-connected disability from property tax 9 |
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143 | 143 | | on the veteran's real property?" 10 |
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144 | 144 | | |
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