Missouri 2025 Regular Session

Missouri Senate Bill SB330 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	SENATE BILL NO. 330
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR MCCREERY.
8	8	0867S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal section 135.341, RSMo, and to enact in lieu thereof one new section relating to a tax
11	11	credit for contributions to certain child advocacy organizations.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Section 135.341, RSMo, is repealed and one new 1
15	15	section enacted in lieu thereof, to be known as section 135.341, 2
16	16	to read as follows:3
17	17	135.341. 1. As used in this section, the following 1
18	18	terms shall mean: 2
19	19	(1) "CASA", an entity which receives funding from the 3
20	20	court-appointed special advocate fund established under 4
21	21	section 476.777, including an association bas ed in this 5
22	22	state, affiliated with a national association, organized to 6
23	23	provide support to entities receiving funding from the court - 7
24	24	appointed special advocate fund; 8
25	25	(2) "Child advocacy centers", the regional child 9
26	26	assessment centers listed in sub section 2 of section 10
27	27	210.001, including an association based in this state, 11
28	28	affiliated with a national association, and organized to 12
29	29	provide support to entities listed in subsection 2 of 13
30	30	section 210.001; 14
31	31	(3) "Contribution", the amount of donation to a 15
32	32	qualified agency; 16
33	33	(4) "Crisis care center", entities contracted with 17
34	34	this state which provide temporary care for children whose 18 SB 330 2
35	35	age ranges from birth through seventeen years of age whose 19
36	36	parents or guardian are experiencing an unexpected an d 20
37	37	unstable or serious condition that requires immediate action 21
38	38	resulting in short-term care, usually three to five 22
39	39	continuous, uninterrupted days, for children who may be at 23
40	40	risk for child abuse, neglect, or in an emergency situation; 24
41	41	(5) "Department", the department of revenue; 25
42	42	(6) "Director", the director of the department of 26
43	43	revenue; 27
44	44	(7) "Qualified agency", CASA, child advocacy centers, 28
45	45	or a crisis care center; 29
46	46	(8) "Tax liability", the tax due under chapter 143 30
47	47	other than taxes withheld under sections 143.191 to 143.265. 31
48	48	2. For all tax years beginning on or after January 1, 32
49	49	2013, and ending on or before December 31, 2024, a tax 33
50	50	credit may be claimed in an amount equal to up to fifty 34
51	51	percent of a verified contributio n to a qualified agency and 35
52	52	shall be named the champion for children tax credit. For 36
53	53	all tax years beginning on or after January 1, 2025, a tax 37
54	54	credit may be claimed in an amount equal to up to seventy 38
55	55	percent of a verified contribution to a qualified agency. 39
56	56	The minimum amount of any tax credit issued shall not be 40
57	57	less than fifty dollars and shall be applied to taxes due 41
58	58	under chapter 143, excluding sections 143.191 to 143.265. 42
59	59	For all tax years beginning on or after January 1, 2025, a 43
60	60	taxpayer shall not be allowed to claim a tax credit pursuant 44
61	61	to this section in excess of fifty thousand dollars in any 45
62	62	tax year. A contribution verification shall be issued to 46
63	63	the taxpayer by the agency receiving the contribution. Such 47
64	64	contribution verifica tion shall include the taxpayer's name, 48
65	65	Social Security number, amount of tax credit, amount of 49
66	66	contribution, the name and address of the agency receiving 50 SB 330 3
67	67	the credit, and the date the contribution was made. The tax 51
68	68	credit provided under this subsectio n shall be initially 52
69	69	filed for the year in which the verified contribution is 53
70	70	made. 54
71	71	3. The cumulative amount of the tax credits redeemed 55
72	72	shall not exceed one million dollars for all fiscal years 56
73	73	ending on or before June 30, 2019, and one million five 57
74	74	hundred thousand dollars for all fiscal years beginning on 58
75	75	or after July 1, 2019 , and ending on or before June 30, 59
76	76	2025. For all fiscal years beginning on or after July 1, 60
77	77	2025, there shall be no limit imposed on the cumulative 61
78	78	amount of tax credits that may be redeemed pursuant to this 62
79	79	section. [The amount available shall be equally divided 63
80	80	among the three qualified agencies: CASA, child advocacy 64
81	81	centers, or crisis care centers, to be used towards tax 65
82	82	credits issued. In the event tax cred its claimed under one 66
83	83	agency do not total the allocated amount for that agency, 67
84	84	the unused portion for that agency will be made available to 68
85	85	the remaining agencies equally. In the event the total 69
86	86	amount of tax credits claimed for any one agency exceed s the 70
87	87	amount available for that agency, the amount redeemed shall 71
88	88	and will be apportioned equally to all eligible taxpayers 72
89	89	claiming the credit under that agency. ] 73
90	90	4. Prior to December thirty -first of each year, each 74
91	91	qualified agency shall apply to the department of social 75
92	92	services in order to verify their qualified agency status. 76
93	93	Upon a determination that the agency is eligible to be a 77
94	94	qualified agency, the department of social services shall 78
95	95	provide a letter of eligibility to such agency. No later 79
96	96	than February first of each year, the department of social 80
97	97	services shall provide a list of qualified agencies to the 81
98	98	department of revenue. All tax credit applications to claim 82 SB 330 4
99	99	the champion for children tax credit shall be filed between 83
100	100	July first and April fifteenth of each fiscal year. A 84
101	101	taxpayer shall apply for the champion for children tax 85
102	102	credit by attaching a copy of the contribution verification 86
103	103	provided by a qualified agency to such taxpayer's income tax 87
104	104	return. 88
105	105	5. Any amount of tax credit which exceeds the tax due 89
106	106	or which is applied for and otherwise eligible for issuance 90
107	107	but not issued shall not be refunded but may be carried over 91
108	108	to any subsequent tax year, not to exceed a total of five 92
109	109	years. 93
110	110	6. Tax credits may not be assigned, transferred or 94
111	111	sold. 95
112	112	7. [(1) In the event a credit denial, due to lack of 96
113	113	available funds, causes a balance -due notice to be generated 97
114	114	by the department of revenue, or any other redeeming agency, 98
115	115	the taxpayer will not be held liable for any penalty or 99
116	116	interest, provided the balance is paid, or approved payment 100
117	117	arrangements have been made, within sixty days from the 101
118	118	notice of denial. 102
119	119	(2) In the event the balance is not paid within sixty 103
120	120	days from the notice of denial, the remaining balance shall 104
121	121	be due and payable under the provisions of chapter 143. 105
122	122	8.] The department may promulgate such rules or 106
123	123	regulations as are necessary to administer the provisions of 107
124	124	this section. Any rule or portion of a rule, as that term 108
125	125	is defined in section 536.010, that is created under the 109
126	126	authority delegated in this section shall become effective 110
127	127	only if it complies with and is subject to all of the 111
128	128	provisions of chapter 536 and, if applicable, section 112
129	129	536.028. This section and chapter 536 are nonseverable and 113
130	130	if any of the powers vested with the general assembly 114 SB 330 5
131	131	pursuant to chapter 536 to review, to delay the effective 115
132	132	date, or to disapprove and annul a rule are subsequently 116
133	133	held unconstitutional, then the grant of rul emaking 117
134	134	authority and any rule proposed or adopted after August 28, 118
135	135	2013, shall be invalid and void. 119
136	136	[9.] 8. Pursuant to section 23.253, of the Missouri 120
137	137	sunset act: 121
138	138	(1) The program authorized under this section shall be 122
139	139	reauthorized as of [December 31, 2019,] August 28, 2025, and 123
140	140	shall expire on December 31, [2025] 2031, unless 124
141	141	reauthorized by the general assembly; and 125
142	142	(2) This section shall terminate on September first of 126
143	143	the calendar year immediately following the calendar year in 127
144	144	which the program authorized under this section is sunset; 128
145	145	and 129
146	146	(3) The provisions of this subsection shall not be 130
147	147	construed to limit or in any way impair the department's 131
148	148	ability to redeem tax credits authorized on or before the 132
149	149	date the program authorized under this section expires or a 133
150	150	taxpayer's ability to redeem such credits. 134
151	151	[10.] 9. Beginning on March 29, 2013, any verified 135
152	152	contribution to a qualified agency made on or after January 136
153	153	1, 2013, shall be eligible for tax credits as pr ovided by 137
154	154	this section. 138
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