1 | 1 | | |
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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 | | FIRST REGULAR SESSION |
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5 | 5 | | SENATE BILL NO. 237 |
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6 | 6 | | 103RD GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR HENDERSON. |
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8 | 8 | | 0285S.01I KRISTINA MARTIN, Secretary |
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9 | 9 | | AN ACT |
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10 | 10 | | To repeal section 144.054, RSMo, and to enact in lieu thereof one new section relating to sales tax |
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11 | 11 | | exemptions. |
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12 | 12 | | |
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13 | 13 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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14 | 14 | | Section A. Section 144.054, RSMo, is repealed and one new 1 |
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15 | 15 | | section enacted in lieu thereof, to be known as section 144.054, 2 |
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16 | 16 | | to read as follows:3 |
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17 | 17 | | 144.054. 1. As used in this section, the following 1 |
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18 | 18 | | terms mean: 2 |
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19 | 19 | | (1) "Nuclear security enterprise", the same meaning as 3 |
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20 | 20 | | defined in 50 U.S.C. Section 2501, inclusive of buildings, 4 |
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21 | 21 | | structures, and infrastructure constructed for use as a 5 |
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22 | 22 | | defense nuclear facility as defined in 50 U.S.C. Section 6 |
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23 | 23 | | 2501; 7 |
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24 | 24 | | (2) "Processing", any mode of treatment, act, or 8 |
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25 | 25 | | series of acts performed upon materials to transform or 9 |
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26 | 26 | | reduce them to a different state or thing, including 10 |
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27 | 27 | | treatment necessary to maintain or preserve such processing 11 |
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28 | 28 | | by the producer at the production facility; 12 |
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29 | 29 | | (3) "Producing" includes, but is not limited to, the 13 |
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30 | 30 | | production of, including the production and transmission of, 14 |
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31 | 31 | | telecommunication services; 15 |
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32 | 32 | | (4) "Product" includes, but is not limited to, 16 |
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33 | 33 | | telecommunications services; 17 SB 237 2 |
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34 | 34 | | (5) "Recovered materials", those materials which have 18 |
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35 | 35 | | been diverted or removed from the solid waste stream for 19 |
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36 | 36 | | sale, use, reuse, or recycling, whether or not they require 20 |
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37 | 37 | | subsequent separation and processing. 21 |
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38 | 38 | | 2. (1) In addition to all other exemptions granted 22 |
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39 | 39 | | under this chapter, there is hereby specifically exempted 23 |
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40 | 40 | | from the provisions of this chapter [and the local sales tax 24 |
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41 | 41 | | law as defined in section 32.085 ] and from the computation 25 |
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42 | 42 | | of the tax levied, assessed, or payable under this chapter 26 |
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43 | 43 | | [and the local sales tax law as defined in section 32.085 ], 27 |
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44 | 44 | | electrical energy and gas, whether natural, artificial, or 28 |
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45 | 45 | | propane, water, coal, and energy sources, chemicals, 29 |
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46 | 46 | | machinery, equipment, and materials used or consumed in the 30 |
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47 | 47 | | manufacturing, processing, compounding, mining, or producing 31 |
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48 | 48 | | of any product, or used or consumed in the processing of 32 |
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49 | 49 | | recovered materials, or used in research and development 33 |
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50 | 50 | | related to manufacturing, processing, compounding, mining, 34 |
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51 | 51 | | or producing any product. The construction and application 35 |
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52 | 52 | | of this subsection as expressed by the Missouri supreme 36 |
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53 | 53 | | court in DST Systems, Inc. v. Director of Revenue , 43 S.W.3d 37 |
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54 | 54 | | 799 (Mo. banc 2001); Southwestern Bell Tel. Co. v. Director 38 |
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55 | 55 | | of Revenue, 78 S.W.3d 763 (Mo. b anc 2002); and Southwestern 39 |
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56 | 56 | | Bell Tel. Co. v. Director of Revenue , 182 S.W.3d 226 (Mo. 40 |
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57 | 57 | | banc 2005), is hereby affirmed. 41 |
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58 | 58 | | (2) In addition to the exemption granted pursuant to 42 |
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59 | 59 | | subdivision (1) of this subsection, a political subdivision 43 |
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60 | 60 | | may exempt such transactions from any sales tax levied by 44 |
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61 | 61 | | such political subdivision pursuant to the local sales tax 45 |
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62 | 62 | | law as defined in section 32.085, provided that no such 46 |
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63 | 63 | | exemption shall become effective unless approved by a vote 47 |
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64 | 64 | | of the people. 48 SB 237 3 |
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65 | 65 | | 3. In addition to all other exemptions granted under 49 |
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66 | 66 | | this chapter, there is hereby specifically exempted from the 50 |
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67 | 67 | | provisions of this chapter and the local sales tax law as 51 |
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68 | 68 | | defined in section 32.085, and from the computation of the 52 |
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69 | 69 | | tax levied, assessed, or payable un der this chapter and the 53 |
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70 | 70 | | local sales tax law as defined in section 32.085, all 54 |
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71 | 71 | | utilities, machinery, and equipment used or consumed 55 |
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72 | 72 | | directly in television or radio broadcasting and all sales 56 |
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73 | 73 | | and purchases of tangible personal property, utilities, 57 |
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74 | 74 | | services, or any other transaction that would otherwise be 58 |
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75 | 75 | | subject to the state or local sales or use tax when such 59 |
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76 | 76 | | sales are made to or purchases are made by a contractor for 60 |
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77 | 77 | | use in fulfillment of any obligation under a defense 61 |
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78 | 78 | | contract with the United St ates government, and all sales 62 |
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79 | 79 | | and leases of tangible personal property by any county, 63 |
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80 | 80 | | city, incorporated town, or village, provided such sale or 64 |
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81 | 81 | | lease is authorized under chapter 100, and such transaction 65 |
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82 | 82 | | is certified for sales tax exemption by the de partment of 66 |
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83 | 83 | | economic development, and tangible personal property used 67 |
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84 | 84 | | for railroad infrastructure brought into this state for 68 |
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85 | 85 | | processing, fabrication, or other modification for use 69 |
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86 | 86 | | outside the state in the regular course of business. 70 |
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87 | 87 | | 4. In addition to all other exemptions granted under 71 |
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88 | 88 | | this chapter, there is hereby specifically exempted from the 72 |
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89 | 89 | | provisions of this chapter and the local sales tax law as 73 |
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90 | 90 | | defined in section 32.085, and from the computation of the 74 |
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91 | 91 | | tax levied, assessed, or payable under this chapter and the 75 |
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92 | 92 | | local sales tax law as defined in section 32.085, all sales 76 |
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93 | 93 | | and purchases of tangible personal property, utilities, 77 |
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94 | 94 | | services, or any other transaction that would otherwise be 78 |
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95 | 95 | | subject to the state or local sales or use tax whe n such 79 |
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96 | 96 | | sales are made to or purchases are made by a private partner 80 SB 237 4 |
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97 | 97 | | for use in completing a project under sections 227.600 to 81 |
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98 | 98 | | 227.669. 82 |
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99 | 99 | | 5. In addition to all other exemptions granted under 83 |
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100 | 100 | | this chapter, there is hereby specifically exempted from t he 84 |
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101 | 101 | | provisions of this chapter and the local sales tax law as 85 |
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102 | 102 | | defined in section 32.085, and from the computation of the 86 |
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103 | 103 | | tax levied, assessed, or payable under this chapter and the 87 |
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104 | 104 | | local sales tax law as defined in section 32.085, all 88 |
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105 | 105 | | materials, manufactured goods, machinery and parts, 89 |
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106 | 106 | | electrical energy and gas, whether natural, artificial or 90 |
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107 | 107 | | propane, water, coal and other energy sources, chemicals, 91 |
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108 | 108 | | soaps, detergents, cleaning and sanitizing agents, and other 92 |
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109 | 109 | | ingredients and materials inserted by co mmercial or 93 |
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110 | 110 | | industrial laundries to treat, clean, and sanitize textiles 94 |
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111 | 111 | | in facilities which process at least five hundred pounds of 95 |
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112 | 112 | | textiles per hour and at least sixty thousand pounds per 96 |
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113 | 113 | | week. 97 |
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114 | 114 | | 6. In addition to all other exemptions granted 98 |
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115 | 115 | | pursuant to this chapter, there is hereby exempted from the 99 |
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116 | 116 | | provisions of and the computation of the tax levied, 100 |
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117 | 117 | | assessed, or payable pursuant to this chapter and the local 101 |
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118 | 118 | | sales tax law as defined in section 32.085, all sales and 102 |
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119 | 119 | | purchases of tangible pe rsonal property, building materials, 103 |
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120 | 120 | | equipment, fixtures, manufactured goods, machinery, and 104 |
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121 | 121 | | parts for the purposes of constructing all or any portion of 105 |
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122 | 122 | | a nuclear security enterprise located in any city with more 106 |
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123 | 123 | | than four hundred thousand inhabitants and located in more 107 |
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124 | 124 | | than one county. This subsection shall expire on August 28, 108 |
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125 | 125 | | 2034. 109 |
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126 | 126 | | |
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