Missouri 2025 Regular Session

Missouri Senate Bill SB237 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. 237
66 103RD GENERAL ASSEMBLY
77 INTRODUCED BY SENATOR HENDERSON.
88 0285S.01I KRISTINA MARTIN, Secretary
99 AN ACT
1010 To repeal section 144.054, RSMo, and to enact in lieu thereof one new section relating to sales tax
1111 exemptions.
1212
1313 Be it enacted by the General Assembly of the State of Missouri, as follows:
1414 Section A. Section 144.054, RSMo, is repealed and one new 1
1515 section enacted in lieu thereof, to be known as section 144.054, 2
1616 to read as follows:3
1717 144.054. 1. As used in this section, the following 1
1818 terms mean: 2
1919 (1) "Nuclear security enterprise", the same meaning as 3
2020 defined in 50 U.S.C. Section 2501, inclusive of buildings, 4
2121 structures, and infrastructure constructed for use as a 5
2222 defense nuclear facility as defined in 50 U.S.C. Section 6
2323 2501; 7
2424 (2) "Processing", any mode of treatment, act, or 8
2525 series of acts performed upon materials to transform or 9
2626 reduce them to a different state or thing, including 10
2727 treatment necessary to maintain or preserve such processing 11
2828 by the producer at the production facility; 12
2929 (3) "Producing" includes, but is not limited to, the 13
3030 production of, including the production and transmission of, 14
3131 telecommunication services; 15
3232 (4) "Product" includes, but is not limited to, 16
3333 telecommunications services; 17 SB 237 2
3434 (5) "Recovered materials", those materials which have 18
3535 been diverted or removed from the solid waste stream for 19
3636 sale, use, reuse, or recycling, whether or not they require 20
3737 subsequent separation and processing. 21
3838 2. (1) In addition to all other exemptions granted 22
3939 under this chapter, there is hereby specifically exempted 23
4040 from the provisions of this chapter [and the local sales tax 24
4141 law as defined in section 32.085 ] and from the computation 25
4242 of the tax levied, assessed, or payable under this chapter 26
4343 [and the local sales tax law as defined in section 32.085 ], 27
4444 electrical energy and gas, whether natural, artificial, or 28
4545 propane, water, coal, and energy sources, chemicals, 29
4646 machinery, equipment, and materials used or consumed in the 30
4747 manufacturing, processing, compounding, mining, or producing 31
4848 of any product, or used or consumed in the processing of 32
4949 recovered materials, or used in research and development 33
5050 related to manufacturing, processing, compounding, mining, 34
5151 or producing any product. The construction and application 35
5252 of this subsection as expressed by the Missouri supreme 36
5353 court in DST Systems, Inc. v. Director of Revenue , 43 S.W.3d 37
5454 799 (Mo. banc 2001); Southwestern Bell Tel. Co. v. Director 38
5555 of Revenue, 78 S.W.3d 763 (Mo. b anc 2002); and Southwestern 39
5656 Bell Tel. Co. v. Director of Revenue , 182 S.W.3d 226 (Mo. 40
5757 banc 2005), is hereby affirmed. 41
5858 (2) In addition to the exemption granted pursuant to 42
5959 subdivision (1) of this subsection, a political subdivision 43
6060 may exempt such transactions from any sales tax levied by 44
6161 such political subdivision pursuant to the local sales tax 45
6262 law as defined in section 32.085, provided that no such 46
6363 exemption shall become effective unless approved by a vote 47
6464 of the people. 48 SB 237 3
6565 3. In addition to all other exemptions granted under 49
6666 this chapter, there is hereby specifically exempted from the 50
6767 provisions of this chapter and the local sales tax law as 51
6868 defined in section 32.085, and from the computation of the 52
6969 tax levied, assessed, or payable un der this chapter and the 53
7070 local sales tax law as defined in section 32.085, all 54
7171 utilities, machinery, and equipment used or consumed 55
7272 directly in television or radio broadcasting and all sales 56
7373 and purchases of tangible personal property, utilities, 57
7474 services, or any other transaction that would otherwise be 58
7575 subject to the state or local sales or use tax when such 59
7676 sales are made to or purchases are made by a contractor for 60
7777 use in fulfillment of any obligation under a defense 61
7878 contract with the United St ates government, and all sales 62
7979 and leases of tangible personal property by any county, 63
8080 city, incorporated town, or village, provided such sale or 64
8181 lease is authorized under chapter 100, and such transaction 65
8282 is certified for sales tax exemption by the de partment of 66
8383 economic development, and tangible personal property used 67
8484 for railroad infrastructure brought into this state for 68
8585 processing, fabrication, or other modification for use 69
8686 outside the state in the regular course of business. 70
8787 4. In addition to all other exemptions granted under 71
8888 this chapter, there is hereby specifically exempted from the 72
8989 provisions of this chapter and the local sales tax law as 73
9090 defined in section 32.085, and from the computation of the 74
9191 tax levied, assessed, or payable under this chapter and the 75
9292 local sales tax law as defined in section 32.085, all sales 76
9393 and purchases of tangible personal property, utilities, 77
9494 services, or any other transaction that would otherwise be 78
9595 subject to the state or local sales or use tax whe n such 79
9696 sales are made to or purchases are made by a private partner 80 SB 237 4
9797 for use in completing a project under sections 227.600 to 81
9898 227.669. 82
9999 5. In addition to all other exemptions granted under 83
100100 this chapter, there is hereby specifically exempted from t he 84
101101 provisions of this chapter and the local sales tax law as 85
102102 defined in section 32.085, and from the computation of the 86
103103 tax levied, assessed, or payable under this chapter and the 87
104104 local sales tax law as defined in section 32.085, all 88
105105 materials, manufactured goods, machinery and parts, 89
106106 electrical energy and gas, whether natural, artificial or 90
107107 propane, water, coal and other energy sources, chemicals, 91
108108 soaps, detergents, cleaning and sanitizing agents, and other 92
109109 ingredients and materials inserted by co mmercial or 93
110110 industrial laundries to treat, clean, and sanitize textiles 94
111111 in facilities which process at least five hundred pounds of 95
112112 textiles per hour and at least sixty thousand pounds per 96
113113 week. 97
114114 6. In addition to all other exemptions granted 98
115115 pursuant to this chapter, there is hereby exempted from the 99
116116 provisions of and the computation of the tax levied, 100
117117 assessed, or payable pursuant to this chapter and the local 101
118118 sales tax law as defined in section 32.085, all sales and 102
119119 purchases of tangible pe rsonal property, building materials, 103
120120 equipment, fixtures, manufactured goods, machinery, and 104
121121 parts for the purposes of constructing all or any portion of 105
122122 a nuclear security enterprise located in any city with more 106
123123 than four hundred thousand inhabitants and located in more 107
124124 than one county. This subsection shall expire on August 28, 108
125125 2034. 109
126126