Missouri 2025 Regular Session

Missouri Senate Bill SB171 Compare Versions

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22 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
33 and is intended to be omitted in the law.
44 FIRST REGULAR SESSION
55 SENATE BILL NO. 171
66 103RD GENERAL ASSEMBLY
77 INTRODUCED BY SENATOR NICOLA.
88 1374S.01I KRISTINA MARTIN, Secretary
99 AN ACT
1010 To repeal section 137.115, RSMo, and to enact in lieu thereof one new section relating to personal
1111 property assessments.
1212
1313 Be it enacted by the General Assembly of the State of Missouri, as follows:
1414 Section A. Section 137.115, RSMo, is repealed and one new 1
1515 section enacted in lieu thereof, to be known as section 137.115, 2
1616 to read as follows:3
1717 137.115. 1. All other laws to the contrary 1
1818 notwithstanding, the assessor or the assessor's deputies in 2
1919 all counties of this state including the City of St. Louis 3
2020 shall annually make a list of all real and tangible personal 4
2121 property taxable in the assessor's city, county, to wn or 5
2222 district. Except as otherwise provided in subsection 3 of 6
2323 this section and section 137.078, the assessor shall 7
2424 annually assess all personal property at thirty -three and 8
2525 one-third percent of its true value in money as of January 9
2626 first of each calendar year. Beginning January 1, 2026, all 10
2727 personal property shall be annually assessed at a percent of 11
2828 its true value in money as of January first of each calendar 12
2929 year as follows: 13
3030 (1) A political subdivision shall annually reduce the 14
3131 percentage of true value in money at which personal property 15
3232 is assessed pursuant to this subsection by three and one - 16
3333 third percent. For all tax years beginning on or after 17
3434 January 1, 2036, all personal property shall be annually 18 SB 171 2
3535 assessed at three-tenths of a percent of its true value in 19
3636 money as of January first of each calendar year; 20
3737 (2) The provisions of subdivision (1) of this 21
3838 subsection shall not be construed to relieve a political 22
3939 subdivision from adjustments to property tax levies as 23
4040 required by section 137.073; 24
4141 (3) Notwithstanding the provisions of subdivisions (1) 25
4242 and (2) of this section to the contrary, for the purposes of 26
4343 the tax levied pursuant to Article III, Section 38(b) of the 27
4444 Missouri Constitution, all personal property shall be 28
4545 assessed at thirty-three and one-third percent of its true 29
4646 value in money as of January first of each calendar year. 30
4747 2. The assessor shall annually assess all real 31
4848 property, including any new construction and improvements to 32
4949 real property, and possessory interests in real property at 33
5050 the percent of its true value in money set in subsection [5] 34
5151 6 of this section. The true value in money of any 35
5252 possessory interest in real property in subclass (3), where 36
5353 such real property is on or lies withi n the ultimate airport 37
5454 boundary as shown by a federal airport layout plan, as 38
5555 defined by 14 CFR 151.5, of a commercial airport having a 39
5656 FAR Part 139 certification and owned by a political 40
5757 subdivision, shall be the otherwise applicable true value in 41
5858 money of any such possessory interest in real property, less 42
5959 the total dollar amount of costs paid by a party, other than 43
6060 the political subdivision, towards any new construction or 44
6161 improvements on such real property completed after January 45
6262 1, 2008, and which are included in the above -mentioned 46
6363 possessory interest, regardless of the year in which such 47
6464 costs were incurred or whether such costs were considered in 48
6565 any prior year. The assessor shall annually assess all real 49
6666 property in the following manne r: new assessed values shall 50 SB 171 3
6767 be determined as of January first of each odd -numbered year 51
6868 and shall be entered in the assessor's books; those same 52
6969 assessed values shall apply in the following even -numbered 53
7070 year, except for new construction and property improvements 54
7171 which shall be valued as though they had been completed as 55
7272 of January first of the preceding odd -numbered year. The 56
7373 assessor may call at the office, place of doing business, or 57
7474 residence of each person required by this chapter to list 58
7575 property, and require the person to make a correct statement 59
7676 of all taxable tangible personal property owned by the 60
7777 person or under his or her care, charge or management, 61
7878 taxable in the county. On or before January first of each 62
7979 even-numbered year, the assessor shall prepare and submit a 63
8080 two-year assessment maintenance plan to the county governing 64
8181 body and the state tax commission for their respective 65
8282 approval or modification. The county governing body shall 66
8383 approve and forward such plan or its alte rnative to the plan 67
8484 to the state tax commission by February first. If the 68
8585 county governing body fails to forward the plan or its 69
8686 alternative to the plan to the state tax commission by 70
8787 February first, the assessor's plan shall be considered 71
8888 approved by the county governing body. If the state tax 72
8989 commission fails to approve a plan and if the state tax 73
9090 commission and the assessor and the governing body of the 74
9191 county involved are unable to resolve the differences, in 75
9292 order to receive state cost -share funds outlined in section 76
9393 137.750, the county or the assessor shall petition the 77
9494 administrative hearing commission, by May first, to decide 78
9595 all matters in dispute regarding the assessment maintenance 79
9696 plan. Upon agreement of the parties, the matter ma y be 80
9797 stayed while the parties proceed with mediation or 81
9898 arbitration upon terms agreed to by the parties. The final 82 SB 171 4
9999 decision of the administrative hearing commission shall be 83
100100 subject to judicial review in the circuit court of the 84
101101 county involved. In the event a valuation of subclass (1) 85
102102 real property within any county with a charter form of 86
103103 government, or within a city not within a county, is made by 87
104104 a computer, computer -assisted method or a computer program, 88
105105 the burden of proof, supported by clea r, convincing and 89
106106 cogent evidence to sustain such valuation, shall be on the 90
107107 assessor at any hearing or appeal. In any such county, 91
108108 unless the assessor proves otherwise, there shall be a 92
109109 presumption that the assessment was made by a computer, 93
110110 computer-assisted method or a computer program. Such 94
111111 evidence shall include, but shall not be limited to, the 95
112112 following: 96
113113 (1) The findings of the assessor based on an appraisal 97
114114 of the property by generally accepted appraisal techniques; 98
115115 and 99
116116 (2) The purchase prices from sales of at least three 100
117117 comparable properties and the address or location thereof. 101
118118 As used in this subdivision, the word "comparable" means 102
119119 that: 103
120120 (a) Such sale was closed at a date relevant to the 104
121121 property valuation; and 105
122122 (b) Such properties are not more than one mile from 106
123123 the site of the disputed property, except where no similar 107
124124 properties exist within one mile of the disputed property, 108
125125 the nearest comparable property shall be used. Such 109
126126 property shall be within five hundred square feet in size of 110
127127 the disputed property, and resemble the disputed property in 111
128128 age, floor plan, number of rooms, and other relevant 112
129129 characteristics. 113 SB 171 5
130130 [2.] 3. Assessors in each county of this state and the 114
131131 City of St. Louis may s end personal property assessment 115
132132 forms through the mail. 116
133133 [3.] 4. The following items of personal property shall 117
134134 each constitute separate subclasses of tangible personal 118
135135 property and shall be assessed and valued for the purposes 119
136136 of taxation at the following percentages of their true value 120
137137 in money: 121
138138 (1) Grain and other agricultural crops in an 122
139139 unmanufactured condition, one -half of one percent; 123
140140 (2) Livestock, twelve percent; 124
141141 (3) Farm machinery, twelve percent; 125
142142 (4) Motor vehicles which are eligible for registration 126
143143 as and are registered as historic motor vehicles pursuant to 127
144144 section 301.131 and aircraft which are at least twenty -five 128
145145 years old and which are used solely for noncommercial 129
146146 purposes and are operated less than two hundred hours per 130
147147 year or aircraft that are home built from a kit, five 131
148148 percent; 132
149149 (5) Poultry, twelve percent; and 133
150150 (6) Tools and equipment used for pollution control and 134
151151 tools and equipment used in retooling for the purpose of 135
152152 introducing new product lines or used for making 136
153153 improvements to existing products by any company which is 137
154154 located in a state enterprise zone and which is identified 138
155155 by any standard industrial classification number cited in 139
156156 subdivision (7) of section 135.200, tw enty-five percent. 140
157157 [4.] 5. The person listing the property shall enter a 141
158158 true and correct statement of the property, in a printed 142
159159 blank prepared for that purpose. The statement, after being 143
160160 filled out, shall be signed and either affirmed or sworn to 144 SB 171 6
161161 as provided in section 137.155. The list shall then be 145
162162 delivered to the assessor. 146
163163 [5.] 6. (1) All subclasses of real property, as such 147
164164 subclasses are established in Section 4(b) of Article X of 148
165165 the Missouri Constitution and defined in secti on 137.016, 149
166166 shall be assessed at the following percentages of true value: 150
167167 (a) For real property in subclass (1), nineteen 151
168168 percent; 152
169169 (b) For real property in subclass (2), twelve percent; 153
170170 and 154
171171 (c) For real property in subclass (3), thirty -two 155
172172 percent. 156
173173 (2) A taxpayer may apply to the county assessor, or, 157
174174 if not located within a county, then the assessor of such 158
175175 city, for the reclassification of such taxpayer's real 159
176176 property if the use or purpose of such real property is 160
177177 changed after such property is assessed under the provisions 161
178178 of this chapter. If the assessor determines that such 162
179179 property shall be reclassified, he or she shall determine 163
180180 the assessment under this subsection based on the percentage 164
181181 of the tax year that such property was classified in each 165
182182 subclassification. 166
183183 [6.] 7. Manufactured homes, as defined in section 167
184184 700.010, which are actually used as dwelling units shall be 168
185185 assessed at the same percentage of true value as residential 169
186186 real property for the pu rpose of taxation. The percentage 170
187187 of assessment of true value for such manufactured homes 171
188188 shall be the same as for residential real property. If the 172
189189 county collector cannot identify or find the manufactured 173
190190 home when attempting to attach the manufact ured home for 174
191191 payment of taxes owed by the manufactured home owner, the 175
192192 county collector may request the county commission to have 176 SB 171 7
193193 the manufactured home removed from the tax books, and such 177
194194 request shall be granted within thirty days after the 178
195195 request is made; however, the removal from the tax books 179
196196 does not remove the tax lien on the manufactured home if it 180
197197 is later identified or found. For purposes of this section, 181
198198 a manufactured home located in a manufactured home rental 182
199199 park, rental community or on real estate not owned by the 183
200200 manufactured home owner shall be considered personal 184
201201 property. For purposes of this section, a manufactured home 185
202202 located on real estate owned by the manufactured home owner 186
203203 may be considered real property. 187
204204 [7.] 8. Each manufactured home assessed shall be 188
205205 considered a parcel for the purpose of reimbursement 189
206206 pursuant to section 137.750, unless the manufactured home is 190
207207 deemed to be real estate as defined in subsection 7 of 191
208208 section 442.015 and assessed as a real ty improvement to the 192
209209 existing real estate parcel. 193
210210 [8.] 9. Any amount of tax due and owing based on the 194
211211 assessment of a manufactured home shall be included on the 195
212212 personal property tax statement of the manufactured home 196
213213 owner unless the manufactu red home is deemed to be real 197
214214 estate as defined in subsection 7 of section 442.015, in 198
215215 which case the amount of tax due and owing on the assessment 199
216216 of the manufactured home as a realty improvement to the 200
217217 existing real estate parcel shall be included on the real 201
218218 property tax statement of the real estate owner. 202
219219 [9.] 10. The assessor of each county and each city not 203
220220 within a county shall use the trade -in value published in 204
221221 the October issue of the National Automobile Dealers' 205
222222 Association Official Used Car Guide, or its successor 206
223223 publication, as the recommended guide of information for 207
224224 determining the true value of motor vehicles described in 208 SB 171 8
225225 such publication. The assessor shall not use a value that 209
226226 is greater than the average trade -in value in determining 210
227227 the true value of the motor vehicle without performing a 211
228228 physical inspection of the motor vehicle. For vehicles two 212
229229 years old or newer from a vehicle's model year, the assessor 213
230230 may use a value other than average without performing a 214
231231 physical inspection of the motor vehicle. In the absence of 215
232232 a listing for a particular motor vehicle in such 216
233233 publication, the assessor shall use such information or 217
234234 publications which in the assessor's judgment will fairly 218
235235 estimate the true value in mone y of the motor vehicle. 219
236236 [10.] 11. Before the assessor may increase the 220
237237 assessed valuation of any parcel of subclass (1) real 221
238238 property by more than fifteen percent since the last 222
239239 assessment, excluding increases due to new construction or 223
240240 improvements, the assessor shall conduct a physical 224
241241 inspection of such property. 225
242242 [11.] 12. If a physical inspection is required, 226
243243 pursuant to subsection [10] 11 of this section, the assessor 227
244244 shall notify the property owner of that fact in writing and 228
245245 shall provide the owner clear written notice of the owner's 229
246246 rights relating to the physical inspection. If a physical 230
247247 inspection is required, the property owner may request that 231
248248 an interior inspection be performed during the physical 232
249249 inspection. The owner shall have no less than thirty days 233
250250 to notify the assessor of a request for an interior physical 234
251251 inspection. 235
252252 [12.] 13. A physical inspection, as required by 236
253253 subsection [10] 11 of this section, shall include, but not 237
254254 be limited to, an on -site personal observation and review of 238
255255 all exterior portions of the land and any buildings and 239
256256 improvements to which the inspector has or may reasonably 240 SB 171 9
257257 and lawfully gain external access, and shall include an 241
258258 observation and review of the interior of any buil dings or 242
259259 improvements on the property upon the timely request of the 243
260260 owner pursuant to subsection 11 of this section. Mere 244
261261 observation of the property via a drive -by inspection or the 245
262262 like shall not be considered sufficient to constitute a 246
263263 physical inspection as required by this section. 247
264264 [13.] 14. A county or city collector may accept credit 248
265265 cards as proper form of payment of outstanding property tax 249
266266 or license due. No county or city collector may charge 250
267267 surcharge for payment by credit card which exceeds the fee 251
268268 or surcharge charged by the credit card bank, processor, or 252
269269 issuer for its service. A county or city collector may 253
270270 accept payment by electronic transfers of funds in payment 254
271271 of any tax or license and charge the person making such 255
272272 payment a fee equal to the fee charged the county by the 256
273273 bank, processor, or issuer of such electronic payment. 257
274274 [14.] 15. Any county or city not within a county in 258
275275 this state may, by an affirmative vote of the governing body 259
276276 of such county, opt out of the provisions of this section 260
277277 and sections 137.073, 138.060, and 138.100 as enacted by 261
278278 house bill no. 1150 of the ninety -first general assembly, 262
279279 second regular session and section 137.073 as modified by 263
280280 house committee substitute for senate sub stitute for senate 264
281281 committee substitute for senate bill no. 960, ninety -second 265
282282 general assembly, second regular session, for the next year 266
283283 of the general reassessment, prior to January first of any 267
284284 year. No county or city not within a county shall exe rcise 268
285285 this opt-out provision after implementing the provisions of 269
286286 this section and sections 137.073, 138.060, and 138.100 as 270
287287 enacted by house bill no. 1150 of the ninety -first general 271
288288 assembly, second regular session and section 137.073 as 272 SB 171 10
289289 modified by house committee substitute for senate substitute 273
290290 for senate committee substitute for senate bill no. 960, 274
291291 ninety-second general assembly, second regular session, in a 275
292292 year of general reassessment. For the purposes of applying 276
293293 the provisions of this s ubsection, a political subdivision 277
294294 contained within two or more counties where at least one of 278
295295 such counties has opted out and at least one of such 279
296296 counties has not opted out shall calculate a single tax rate 280
297297 as in effect prior to the enactment of hous e bill no. 1150 281
298298 of the ninety-first general assembly, second regular 282
299299 session. A governing body of a city not within a county or 283
300300 a county that has opted out under the provisions of this 284
301301 subsection may choose to implement the provisions of this 285
302302 section and sections 137.073, 138.060, and 138.100 as 286
303303 enacted by house bill no. 1150 of the ninety -first general 287
304304 assembly, second regular session, and section 137.073 as 288
305305 modified by house committee substitute for senate substitute 289
306306 for senate committee substit ute for senate bill no. 960, 290
307307 ninety-second general assembly, second regular session, for 291
308308 the next year of general reassessment, by an affirmative 292
309309 vote of the governing body prior to December thirty -first of 293
310310 any year. 294
311311 [15.] 16. The governing body of any city of the third 295
312312 classification with more than twenty -six thousand three 296
313313 hundred but fewer than twenty -six thousand seven hundred 297
314314 inhabitants located in any county that has exercised its 298
315315 authority to opt out under subsection [14] 15 of this 299
316316 section may levy separate and differing tax rates for real 300
317317 and personal property only if such city bills and collects 301
318318 its own property taxes or satisfies the entire cost of the 302
319319 billing and collection of such separate and differing tax 303 SB 171 11
320320 rates. Such separate and differing rates shall not exceed 304
321321 such city's tax rate ceiling. 305
322322 [16.] 17. Any portion of real property that is 306
323323 available as reserve for strip, surface, or coal mining for 307
324324 minerals for purposes of excavation for future use or sale 308
325325 to others that has not been bonded and permitted under 309
326326 chapter 444 shall be assessed based upon how the real 310
327327 property is currently being used. Any information provided 311
328328 to a county assessor, state tax commission, state agency, or 312
329329 political subdivision responsibl e for the administration of 313
330330 tax policies shall, in the performance of its duties, make 314
331331 available all books, records, and information requested, 315
332332 except such books, records, and information as are by law 316
333333 declared confidential in nature, including individ ually 317
334334 identifiable information regarding a specific taxpayer or 318
335335 taxpayer's mine property. For purposes of this subsection, 319
336336 "mine property" shall mean all real property that is in use 320
337337 or readily available as a reserve for strip, surface, or 321
338338 coal mining for minerals for purposes of excavation for 322
339339 current or future use or sale to others that has been bonded 323
340340 and permitted under chapter 444. 324
341341