FIRST REGULAR SESSION SENATE BILL NO. 20 103RD GENERAL ASSEMBLY INTRODUCED BY SENATOR WILLIAMS. 0605S.01I KRISTINA MARTIN, Secretary AN ACT To repeal section 67.547, RSMo, and to enact in lieu thereof two new sections relating to a sales tax for early childhood educational services. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Section 67.5 47, RSMo, is repealed and two new 1 sections enacted in lieu thereof, to be known as sections 67.547 2 and 67.5420, to read as follows:3 67.547. 1. In addition to the tax authorized by 1 section 67.505, any county as defined in section 67.750 may, 2 by a majority vote of its governing body, impose an 3 additional county sales tax on all sales which are subject 4 to taxation under the provisions of sections 144.010 to 5 144.525. The tax authorized by this section shall be in 6 addition to any and all other sal es tax allowed by law; 7 except that no ordinance or order imposing a sales tax under 8 the provisions of this section shall be effective unless the 9 governing body of the county submits to the voters of the 10 county, at a county or state general, primary or special 11 election, a proposal to authorize the governing body of the 12 county to impose such tax. 13 2. The ballot of submission shall contain, but need 14 not be limited to the following language: 15 16 17 Shall the county of __ ____ (county's name) impose a countywide sales tax of ______ (insert rate) SB 20 2 If a majority of the votes cast on the proposal by the 25 qualified voters voting ther eon are in favor of the 26 proposal, then the ordinance or order and any amendments 27 thereto shall be in effect. If a majority of the votes cast 28 by the qualified voters voting are opposed to the proposal, 29 then the governing body of the county shall have n o power to 30 impose the sales tax as herein authorized unless and until 31 the governing body of the county submits another proposal to 32 authorize the governing body of the county to impose the 33 sales tax under the provisions of this section and such 34 proposal is approved by a majority of the qualified voters 35 voting thereon. A county shall not submit to the voters a 36 proposed sales tax under this section for a period of two 37 years from the date of an election in which the county 38 previously submitted to the voters a proposed sales tax 39 under this section, regardless of whether the initial 40 proposed sales tax was approved or disapproved by the 41 voters. The revenue collected from the sales tax authorized 42 under this section shall only be used for the purpose 43 approved by voters of the county. 44 3. The sales tax may be imposed at a rate of one - 45 eighth of one percent, one -fourth of one percent, three - 46 eighths of one percent, or one -half of one percent on the 47 receipts from the sale at retail of all tangible p ersonal 48 18 19 percent for the purpose of ______ (insert purpose)? 20 □ YES □ NO 21 22 23 24 If you are in favor of the question, place an “X” in the box opposite “YES”. If you are opposed to the question, place an “X” in the box opposite “NO”. SB 20 3 property or taxable services at retail within any county 49 adopting such tax if such property and services are subject 50 to taxation by the state of Missouri under the provisions of 51 sections 144.010 to 144.525. In any city not within a 52 county or any county described in subsection 5 of this 53 section, no sales tax for the purpose of funding zoological 54 activities and zoological facilities as those terms are 55 defined in section 184.500 shall exceed a rate of one -eighth 56 of one percent unless the sale s tax was levied and collected 57 before August 28, 2017. Beginning August 28, 2017, no 58 county shall submit to the voters any proposal that results 59 in a combined rate of sales taxes adopted under this section 60 in excess of one percent. 61 4. Except as modified in this section, all provisions 62 of sections 32.085 and 32.087 shall apply to the tax imposed 63 under this section. 64 5. In any first class county having a charter form of 65 government and having a population of nine hundred thousand 66 or more, the proceeds of the sales tax authorized by this 67 section shall be distributed so that an amount equal to 68 three-eighths of the proceeds of the tax shall be 69 distributed to the county and the remaining five -eighths 70 shall be distributed to the cities, towns and villages and 71 the unincorporated area of the county on the ratio that the 72 population of each bears to the total population of the 73 county. Three-eighths of the tax rate adopted by such a 74 county shall be included in the calculation of the county's 75 one percent combined tax rate ceiling provided in subsection 76 3 of this section. The population of each city, town or 77 village and the unincorporated area of the county and the 78 total population of the county shall be determined on the 79 basis of the most recent federal decennial census. The 80 SB 20 4 provisions of this subsection shall not apply if the revenue 81 collected is used to support zoological activities of the 82 zoological subdistrict as defined under section 184.352. 83 The provisions of this subsection sha ll not apply if the 84 revenue collected is used for the purpose of early childhood 85 education services, and such revenues shall be deposited in 86 the early childhood education fund and administered pursuant 87 to section 67.5420. 88 6. Except as prohibited under section 184.353, 89 residents of any county that does not adopt a sales tax 90 under this section for the purpose of supporting zoological 91 activities may be charged an admission fee for zoological 92 facilities, programs, or events that are not part of th e 93 zoological subdistrict defined under subdivision (15) of 94 section 184.352 as of August 28, 2017. 95 7. In any county of the second classification with 96 more than nineteen thousand seven hundred but fewer than 97 nineteen thousand eight hundred inhabita nts, the proceeds of 98 the sales tax authorized by this section shall be 99 distributed so that an amount equal to three -fourths of the 100 proceeds of the tax shall be distributed to the county and 101 the remaining one-fourth shall be distributed equally among 102 the incorporated cities, towns, and villages of the county. 103 Upon request from any city, town, or village within the 104 county, the county shall make available for inspection the 105 distribution report provided to the county by the department 106 of revenue. Any expenses incurred by the county in 107 supplying such report to a city, town, or village shall be 108 paid by such city, town, or village. 109 8. In any first class county having a charter form of 110 government and having a population of nine hundred thousand 111 or more, no tax shall be imposed pursuant to this section 112 SB 20 5 for the purpose of funding in whole or in part the 113 construction, operation or maintenance of a sports stadium, 114 field house, indoor or outdoor recreational facility, 115 center, playing field, parkin g facility or anything 116 incidental or necessary to a complex suitable for any type 117 of professional sport or recreation, either upon, above or 118 below the ground. 119 9. No county in this state, other than a county with a 120 charter form of government and w ith more than nine hundred 121 fifty thousand inhabitants and a city not within a county, 122 shall impose a tax under this section for the purpose of 123 funding in whole or in part the construction, operation, or 124 maintenance of any zoological activities, zoologi cal 125 facilities, zoological organizations, the metropolitan 126 zoological park and museum district as created under section 127 184.350, or any zoological boards. 128 10. The director of revenue may authorize the state 129 treasurer to make refunds from the amou nts in the trust fund 130 and credited to any county for erroneous payments and 131 overpayments made, and may redeem dishonored checks and 132 drafts deposited to the credit of such counties. If any 133 county abolishes the tax, the county shall notify the 134 director of revenue of the action at least ninety days prior 135 to the effective date of the repeal and the director of 136 revenue may order retention in the trust fund, for a period 137 of one year, of two percent of the amount collected after 138 receipt of such notice to cover possible refunds or 139 overpayment of the tax and to redeem dishonored checks and 140 drafts deposited to the credit of such accounts. After one 141 year has elapsed after the effective date of abolition of 142 the tax in such county, the director of revenue shall remit 143 the balance in the account to the county and close the 144 SB 20 6 account of that county. The director of revenue shall 145 notify each county of each instance of any amount refunded 146 or any check redeemed from receipts due the county. 147 11. No revenue received from a tax for the purpose of 148 funding zoological activities in any county shall be used 149 for the benefit of any entity that has ever been named 150 Grant's Farm or is located at ten thousand five hundred one 151 Gravois Road, Saint Louis, Missouri, o r successor address, 152 or to supplant any funding received from the metropolitan 153 zoological park and museum district established under 154 section 184.350. 155 67.5420. 1. Notwithstanding any provision of law to 1 the contrary, all revenues generated by any tax imposed by a 2 county or by a city not within a county and approved by the 3 voters for the purposes of establishing an early childhood 4 education fund to improve the quality, affordability, and 5 access to early childhood development pro grams for children 6 aged five years and younger may be deposited in the county 7 treasury or, in a city not within a county, to a board of 8 directors established pursuant to section 210.861, to the 9 credit of a special "Early Childhood Education Fund" to 10 accomplish the purposes set out herein and shall be used for 11 no other purpose. 12 2. (1) The administrative control and management of 13 the funds in the early childhood education fund and all 14 programs to be funded therefrom shall rest solely with the 15 board of directors established pursuant to section 210.861. 16 The board shall not be mandated to expend funds by an act of 17 state legislation without a majority vote of the voters of 18 the county or city not within a county. The board of 19 directors shall use or disburse the funds in the early 20 childhood education fund to provide and administer programs 21 SB 20 7 improving the quality, affordability, and access to early 22 childhood development programs for children aged five years 23 and younger, prioritizing children in financial need. The 24 funds may be used for early education and care provided by 25 public, private, not -for-profit, and for-profit entities 26 licensed, license-exempt, or registered by the Missouri 27 department of elementary and secondary education, including 28 preschools, childcare centers, nursery schools, local 29 education agencies, head start and early head start 30 programs, informal childcare providers and independent and 31 system-affiliated family child care homes, and 32 transportation related to same. 33 (2) The board of directors may contract with any 34 person or entity to provide programs or services relating to 35 the programs described in subdivision (1) of this 36 subsection, and may place conditions on the use of such 37 funds. The board shall reserve the r ight to audit the 38 expenditure of any and all funds. The board may establish 39 eligibility standards for the receipt and use of such 40 funds. No member of the board shall serve on the governing 41 body, have any financial interest in, or be employed by any 42 entity which is a recipient of funds from the early 43 childhood education fund. 44 (3) The board of directors may accept any gift of 45 property or money for the use and benefit of the persons to 46 be served through the programs established and funded under 47 this section and may sell or exchange any such property so 48 long as such sale or exchange is in the best interests of 49 the programs provided under this section and the proceeds 50 from such sale or exchange are used exclusively to fund such 51 programs. The board of directors may solicit, accept, and 52 expend grants from private or public entities and enter into 53 SB 20 8 agreements to effectuate such grants so long as the 54 transaction is in the best interest of the programs provided 55 by the board and the proceeds are used exclusively to fund 56 such programs. 57 (4) The provisions of subsections 3 to 6 of section 58 210.861 shall not apply to revenues deposited into the early 59 childhood education fund and administered pursuant to this 60 subsection. 61