Missouri 2025 Regular Session

Missouri Senate Bill SB359 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. 359
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR SCHROER.
8	8	1162S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal sections 137.073 and 137.115, RSMo, and to enact in lieu thereof two new sections
11	11	relating to personal property valuations.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Sections 137.073 and 137.115, RSMo, are 1
15	15	repealed and two new sections enacted in lieu thereof, to be 2
16	16	known as sections 137.073 and 137.115, to read as follows:3
17	17	137.073. 1. As used in this section, the following 1
18	18	terms mean: 2
19	19	(1) "General reassessment", changes in value, entered 3
20	20	in the assessor's books, of a substantial portion of the 4
21	21	parcels of real property within a county resulting wh olly or 5
22	22	partly from reappraisal of value or other actions of the 6
23	23	assessor or county equalization body or ordered by the state 7
24	24	tax commission or any court; 8
25	25	(2) "Tax rate", "rate", or "rate of levy", singular or 9
26	26	plural, includes the tax rate for ea ch purpose of taxation 10
27	27	of property a taxing authority is authorized to levy without 11
28	28	a vote and any tax rate authorized by election, including 12
29	29	bond interest and sinking fund; 13
30	30	(3) "Tax rate ceiling", a tax rate as revised by the 14
31	31	taxing authority to comply with the provisions of this 15
32	32	section or when a court has determined the tax rate; except 16
33	33	that, other provisions of law to the contrary 17
34	34	notwithstanding, a school district may levy the operating 18 SB 359 2
35	35	levy for school purposes required for the current ye ar 19
36	36	pursuant to subsection 2 of section 163.021, less all 20
37	37	adjustments required pursuant to Article X, Section 22 of 21
38	38	the Missouri Constitution, if such tax rate does not exceed 22
39	39	the highest tax rate in effect subsequent to the 1980 tax 23
40	40	year. This is the maximum tax rate that may be levied, 24
41	41	unless a higher tax rate ceiling is approved by voters of 25
42	42	the political subdivision as provided in this section; 26
43	43	(4) "Tax revenue", when referring to the previous 27
44	44	year, means the actual receipts from ad valore m levies on 28
45	45	all classes of property, including state -assessed property, 29
46	46	in the immediately preceding fiscal year of the political 30
47	47	subdivision, plus an allowance for taxes billed but not 31
48	48	collected in the fiscal year and plus an additional 32
49	49	allowance for the revenue which would have been collected 33
50	50	from property which was annexed by such political 34
51	51	subdivision but which was not previously used in determining 35
52	52	tax revenue pursuant to this section. The term "tax 36
53	53	revenue" shall not include any receipts fro m ad valorem 37
54	54	levies on any property of a railroad corporation or a public 38
55	55	utility, as these terms are defined in section 386.020, 39
56	56	which were assessed by the assessor of a county or city in 40
57	57	the previous year but are assessed by the state tax 41
58	58	commission in the current year. All school districts and 42
59	59	those counties levying sales taxes pursuant to chapter 67 43
60	60	shall include in the calculation of tax revenue an amount 44
61	61	equivalent to that by which they reduced property tax levies 45
62	62	as a result of sales tax pu rsuant to section 67.505 and 46
63	63	section 164.013 [or as excess home dock city or county fees 47
64	64	as provided in subsection 4 of section 313.820 ] in the 48
65	65	immediately preceding fiscal year but not including any 49
66	66	amount calculated to adjust for prior years. For purposes 50 SB 359 3
67	67	of political subdivisions which were authorized to levy a 51
68	68	tax in the prior year but which did not levy such tax or 52
69	69	levied a reduced rate, the term "tax revenue", as used in 53
70	70	relation to the revision of tax levies mandated by law, 54
71	71	shall mean the revenues equal to the amount that would have 55
72	72	been available if the voluntary rate reduction had not been 56
73	73	made. 57
74	74	2. Whenever changes in assessed valuation are entered 58
75	75	in the assessor's books for any personal property, in the 59
76	76	aggregate, or for any s ubclass of real property as such 60
77	77	subclasses are established in Section 4(b) of Article X of 61
78	78	the Missouri Constitution and defined in section 137.016, 62
79	79	the county clerk in all counties and the assessor of St. 63
80	80	Louis City shall notify each political subdiv ision wholly or 64
81	81	partially within the county or St. Louis City of the change 65
82	82	in valuation of each subclass of real property, 66
83	83	individually, and personal property, in the aggregate, 67
84	84	exclusive of new construction and improvements. All 68
85	85	political subdivisions shall immediately revise the 69
86	86	applicable rates of levy for each purpose for each subclass 70
87	87	of real property, individually, and personal property, in 71
88	88	the aggregate, for which taxes are levied to the extent 72
89	89	necessary to produce from all taxable propert y, exclusive of 73
90	90	new construction and improvements, substantially the same 74
91	91	amount of tax revenue as was produced in the previous year 75
92	92	for each subclass of real property, individually, and 76
93	93	personal property, in the aggregate, except that the rate 77
94	94	shall not exceed the greater of the most recent voter - 78
95	95	approved rate or the most recent voter -approved rate as 79
96	96	adjusted under subdivision (2) of subsection 5 of this 80
97	97	section. Any political subdivision that has received 81
98	98	approval from voters for a tax increase after August 27, 82 SB 359 4
99	99	2008, may levy a rate to collect substantially the same 83
100	100	amount of tax revenue as the amount of revenue that would 84
101	101	have been derived by applying the voter -approved increased 85
102	102	tax rate ceiling to the total assessed valuation of the 86
103	103	political subdivision as most recently certified by the city 87
104	104	or county clerk on or before the date of the election in 88
105	105	which such increase is approved, increased by the percentage 89
106	106	increase in the consumer price index, as provided by law, 90
107	107	except that the rate shall not exceed the greater of the 91
108	108	most recent voter-approved rate or the most recent voter - 92
109	109	approved rate as adjusted under subdivision (2) of 93
110	110	subsection 5 of this section. Such tax revenue shall not 94
111	111	include any receipts from ad valorem levies on a ny real 95
112	112	property which was assessed by the assessor of a county or 96
113	113	city in such previous year but is assessed by the assessor 97
114	114	of a county or city in the current year in a different 98
115	115	subclass of real property. Where the taxing authority is a 99
116	116	school district for the purposes of revising the applicable 100
117	117	rates of levy for each subclass of real property, the tax 101
118	118	revenues from state-assessed railroad and utility property 102
119	119	shall be apportioned and attributed to each subclass of real 103
120	120	property based on the pe rcentage of the total assessed 104
121	121	valuation of the county that each subclass of real property 105
122	122	represents in the current [taxable] tax year. As provided 106
123	123	in Section 22 of Article X of the constitution, a political 107
124	124	subdivision may also revise each levy to a llow for 108
125	125	inflationary assessment growth occurring within the 109
126	126	political subdivision. The inflationary growth factor for 110
127	127	any such subclass of real property or personal property 111
128	128	shall be limited to the actual assessment growth in such 112
129	129	subclass or class, exclusive of new construction and 113
130	130	improvements, and exclusive of the assessed value on any 114 SB 359 5
131	131	real property which was assessed by the assessor of a county 115
132	132	or city in the current year in a different subclass of real 116
133	133	property, but not to exceed the consume r price index or five 117
134	134	percent, whichever is lower. Should the tax revenue of a 118
135	135	political subdivision from the various tax rates determined 119
136	136	in this subsection be different than the tax revenue that 120
137	137	would have been determined from a single tax rate as 121
138	138	calculated pursuant to the method of calculation in this 122
139	139	subsection prior to January 1, 2003, then the political 123
140	140	subdivision shall revise the tax rates of those subclasses 124
141	141	of real property, individually, and/or personal property, in 125
142	142	the aggregate, in which there is a tax rate reduction, 126
143	143	pursuant to the provisions of this subsection. Such 127
144	144	revision shall yield an amount equal to such difference and 128
145	145	shall be apportioned among such subclasses of real property, 129
146	146	individually, and/or personal property, in the aggregate, 130
147	147	based on the relative assessed valuation of the class or 131
148	148	subclasses of property experiencing a tax rate reduction. 132
149	149	Such revision in the tax rates of each class or subclass 133
150	150	shall be made by computing the percentage of current year 134
151	151	adjusted assessed valuation of each class or subclass with a 135
152	152	tax rate reduction to the total current year adjusted 136
153	153	assessed valuation of the class or subclasses with a tax 137
154	154	rate reduction, multiplying the resulting percentages by the 138
155	155	revenue difference betw een the single rate calculation and 139
156	156	the calculations pursuant to this subsection and dividing by 140
157	157	the respective adjusted current year assessed valuation of 141
158	158	each class or subclass to determine the adjustment to the 142
159	159	rate to be levied upon each class or s ubclass of property. 143
160	160	The adjustment computed herein shall be multiplied by one 144
161	161	hundred, rounded to four decimals in the manner provided in 145
162	162	this subsection, and added to the initial rate computed for 146 SB 359 6
163	163	each class or subclass of property. For school districts 147
164	164	that levy separate tax rates on each subclass of real 148
165	165	property and personal property in the aggregate, if voters 149
166	166	approved a ballot before January 1, 2011, that presented 150
167	167	separate stated tax rates to be applied to the different 151
168	168	subclasses of real property and personal property in the 152
169	169	aggregate, or increases the separate rates that may be 153
170	170	levied on the different subclasses of real property and 154
171	171	personal property in the aggregate by different amounts, the 155
172	172	tax rate that shall be used for the singl e tax rate 156
173	173	calculation shall be a blended rate, calculated in the 157
174	174	manner provided under subdivision (1) of subsection 6 of 158
175	175	this section. Notwithstanding any provision of this 159
176	176	subsection to the contrary, no revision to the rate of levy 160
177	177	for personal property shall cause such levy to increase over 161
178	178	the levy for personal property from the prior year. 162
179	179	3. (1) Where the taxing authority is a school 163
180	180	district, it shall be required to revise the rates of levy 164
181	181	to the extent necessary to produce from all taxable 165
182	182	property, including state -assessed railroad and utility 166
183	183	property, which shall be separately estimated in addition to 167
184	184	other data required in complying with section 164.011, 168
185	185	substantially the amount of tax revenue permitted in this 169
186	186	section. In the year following tax rate reduction, the tax 170
187	187	rate ceiling may be adjusted to offset such district's 171
188	188	reduction in the apportionment of state school moneys due to 172
189	189	its reduced tax rate. However, in the event any school 173
190	190	district, in calculating a tax r ate ceiling pursuant to this 174
191	191	section, requiring the estimating of effects of state - 175
192	192	assessed railroad and utility valuation or loss of state 176
193	193	aid, discovers that the estimates used result in receipt of 177
194	194	excess revenues, which would have required a lower r ate if 178 SB 359 7
195	195	the actual information had been known, the school district 179
196	196	shall reduce the tax rate ceiling in the following year to 180
197	197	compensate for the excess receipts, and the recalculated 181
198	198	rate shall become the tax rate ceiling for purposes of this 182
199	199	section. 183
200	200	(2) For any political subdivision which experiences a 184
201	201	reduction in the amount of assessed valuation relating to a 185
202	202	prior year, due to decisions of the state tax commission or 186
203	203	a court pursuant to sections 138.430 to 138.433, or due to 187
204	204	clerical errors or corrections in the calculation or 188
205	205	recordation of any assessed valuation: 189
206	206	(a) Such political subdivision may revise the tax rate 190
207	207	ceiling for each purpose it levies taxes to compensate for 191
208	208	the reduction in assessed value occurring after the 192
209	209	political subdivision calculated the tax rate ceiling for 193
210	210	the particular subclass of real property or for personal 194
211	211	property, in the aggregate, in a prior year. Such revision 195
212	212	by the political subdivision shall be made at the time of 196
213	213	the next calculation of the tax rate for the particular 197
214	214	subclass of real property or for personal property, in the 198
215	215	aggregate, after the reduction in assessed valuation has 199
216	216	been determined and shall be calculated in a manner that 200
217	217	results in the revised tax rate ceiling bei ng the same as it 201
218	218	would have been had the corrected or finalized assessment 202
219	219	been available at the time of the prior calculation; 203
220	220	(b) In addition, for up to three years following the 204
221	221	determination of the reduction in assessed valuation as a 205
222	222	result of circumstances defined in this subdivision, such 206
223	223	political subdivision may levy a tax rate for each purpose 207
224	224	it levies taxes above the revised tax rate ceiling provided 208
225	225	in paragraph (a) of this subdivision to recoup any revenues 209
226	226	it was entitled to re ceive had the corrected or finalized 210 SB 359 8
227	227	assessment been available at the time of the prior 211
228	228	calculation. 212
229	229	4. (1) In order to implement the provisions of this 213
230	230	section and Section 22 of Article X of the Constitution of 214
231	231	Missouri, the term improvements s hall apply to both real and 215
232	232	personal property. In order to determine the value of new 216
233	233	construction and improvements, each county assessor shall 217
234	234	maintain a record of real property valuations in such a 218
235	235	manner as to identify each year the increase in val uation 219
236	236	for each political subdivision in the county as a result of 220
237	237	new construction and improvements. The value of new 221
238	238	construction and improvements shall include the additional 222
239	239	assessed value of all improvements or additions to real 223
240	240	property which were begun after and were not part of the 224
241	241	prior year's assessment, except that the additional assessed 225
242	242	value of all improvements or additions to real property 226
243	243	which had been totally or partially exempt from ad valorem 227
244	244	taxes pursuant to sections 99.800 t o 99.865, sections 228
245	245	135.200 to 135.255, and section 353.110 shall be included in 229
246	246	the value of new construction and improvements when the 230
247	247	property becomes totally or partially subject to assessment 231
248	248	and payment of all ad valorem taxes. Except for increases 232
249	249	in motor vehicle value under the provisions of subsection 9 233
250	250	of section 137.115, the aggregate increase in valuation of 234
251	251	personal property for the current year over that of the 235
252	252	previous year is the equivalent of the new construction and 236
253	253	improvements factor for personal property. Beginning 237
254	254	January 1, 2027, any increase in motor vehicle value from a 238
255	255	previous year's price guide under subsection 9 of section 239
256	256	137.115 shall not be counted as new construction. 240
257	257	Notwithstanding any opt -out implemented pursuant to 241
258	258	subsection 14 of section 137.115, the assessor shall certify 242 SB 359 9
259	259	the amount of new construction and improvements and the 243
260	260	amount of assessed value on any real property which was 244
261	261	assessed by the assessor of a county or city in such 245
262	262	previous year but is assessed by the assessor of a county or 246
263	263	city in the current year in a different subclass of real 247
264	264	property separately for each of the three subclasses of real 248
265	265	property for each political subdivision to the county clerk 249
266	266	in order that political subd ivisions shall have this 250
267	267	information for the purpose of calculating tax rates 251
268	268	pursuant to this section and Section 22, Article X, 252
269	269	Constitution of Missouri. In addition, the state tax 253
270	270	commission shall certify each year to each county clerk the 254
271	271	increase in the general price level as measured by the 255
272	272	Consumer Price Index for All Urban Consumers for the United 256
273	273	States, or its successor publications, as defined and 257
274	274	officially reported by the United States Department of 258
275	275	Labor, or its successor agency. The state tax commission 259
276	276	shall certify the increase in such index on the latest 260
277	277	twelve-month basis available on February first of each year 261
278	278	over the immediately preceding prior twelve -month period in 262
279	279	order that political subdivisions shall have this 263
280	280	information available in setting their tax rates according 264
281	281	to law and Section 22 of Article X of the Constitution of 265
282	282	Missouri. For purposes of implementing the provisions of 266
283	283	this section and Section 22 of Article X of the Missouri 267
284	284	Constitution, the term "property" means all taxable 268
285	285	property, including state -assessed property. 269
286	286	(2) Each political subdivision required to revise 270
287	287	rates of levy pursuant to this section or Section 22 of 271
288	288	Article X of the Constitution of Missouri shall calculate 272
289	289	each tax rate it is authorized to levy and, in establishing 273
290	290	each tax rate, shall consider each provision for tax rate 274 SB 359 10
291	291	revision provided in this section and Section 22 of Article 275
292	292	X of the Constitution of Missouri, separately and without 276
293	293	regard to annual tax rat e reductions provided in section 277
294	294	67.505 and section 164.013. Each political subdivision 278
295	295	shall set each tax rate it is authorized to levy using the 279
296	296	calculation that produces the lowest tax rate ceiling. It 280
297	297	is further the intent of the general assembly , pursuant to 281
298	298	the authority of Section 10(c) of Article X of the 282
299	299	Constitution of Missouri, that the provisions of such 283
300	300	section be applicable to tax rate revisions mandated 284
301	301	pursuant to Section 22 of Article X of the Constitution of 285
302	302	Missouri as to reest ablishing tax rates as revised in 286
303	303	subsequent years, enforcement provisions, and other 287
304	304	provisions not in conflict with Section 22 of Article X of 288
305	305	the Constitution of Missouri. Annual tax rate reductions 289
306	306	provided in section 67.505 and section 164.013 sh all be 290
307	307	applied to the tax rate as established pursuant to this 291
308	308	section and Section 22 of Article X of the Constitution of 292
309	309	Missouri, unless otherwise provided by law. 293
310	310	5. (1) In all political subdivisions, the tax rate 294
311	311	ceiling established pursuant to this section shall not be 295
312	312	increased unless approved by a vote of the people. Approval 296
313	313	of the higher tax rate shall be by at least a majority of 297
314	314	votes cast. When a proposed higher tax rate requires 298
315	315	approval by more than a simple majority pursuant to any 299
316	316	provision of law or the constitution, the tax rate increase 300
317	317	must receive approval by at least the majority required. 301
318	318	(2) When voters approve an increase in the tax rate, 302
319	319	the amount of the increase shall be added to the tax rate 303
320	320	ceiling as calculated pursuant to this section to the extent 304
321	321	the total rate does not exceed any maximum rate prescribed 305
322	322	by law. If a ballot question presents a stated tax rate for 306 SB 359 11
323	323	approval rather than describing the amount of increase in 307
324	324	the question, the stated tax rate approved shall be adjusted 308
325	325	as provided in this section and, so adjusted, shall be the 309
326	326	current tax rate ceiling. The increased tax rate ceiling as 310
327	327	approved shall be adjusted such that when applied to the 311
328	328	current total assessed valuation of th e political 312
329	329	subdivision, excluding new construction and improvements 313
330	330	since the date of the election approving such increase, the 314
331	331	revenue derived from the adjusted tax rate ceiling is equal 315
332	332	to the sum of: the amount of revenue which would have been 316
333	333	derived by applying the voter -approved increased tax rate 317
334	334	ceiling to total assessed valuation of the political 318
335	335	subdivision, as most recently certified by the city or 319
336	336	county clerk on or before the date of the election in which 320
337	337	such increase is approved, i ncreased by the percentage 321
338	338	increase in the consumer price index, as provided by law. 322
339	339	Such adjusted tax rate ceiling may be applied to the total 323
340	340	assessed valuation of the political subdivision at the 324
341	341	setting of the next tax rate. If a ballot question presents 325
342	342	a phased-in tax rate increase, upon voter approval, each tax 326
343	343	rate increase shall be adjusted in the manner prescribed in 327
344	344	this section to yield the sum of: the amount of revenue 328
345	345	that would be derived by applying such voter -approved 329
346	346	increased rate to the total assessed valuation, as most 330
347	347	recently certified by the city or county clerk on or before 331
348	348	the date of the election in which such increase was 332
349	349	approved, increased by the percentage increase in the 333
350	350	consumer price index, as provided by law , from the date of 334
351	351	the election to the time of such increase and, so adjusted, 335
352	352	shall be the current tax rate ceiling. 336
353	353	(3) The governing body of any political subdivision 337
354	354	may levy a tax rate lower than its tax rate ceiling and may, 338 SB 359 12
355	355	in a nonreassessment year, increase that lowered tax rate to 339
356	356	a level not exceeding the tax rate ceiling without voter 340
357	357	approval in the manner provided under subdivision (4) of 341
358	358	this subsection. Nothing in this section shall be construed 342
359	359	as prohibiting a political subd ivision from voluntarily 343
360	360	levying a tax rate lower than that which is required under 344
361	361	the provisions of this section or from seeking voter 345
362	362	approval of a reduction to such political subdivision's tax 346
363	363	rate ceiling. 347
364	364	(4) In a year of general reassessme nt, a governing 348
365	365	body whose tax rate is lower than its tax rate ceiling shall 349
366	366	revise its tax rate pursuant to the provisions of subsection 350
367	367	4 of this section as if its tax rate was at the tax rate 351
368	368	ceiling. In a year following general reassessment, if su ch 352
369	369	governing body intends to increase its tax rate, the 353
370	370	governing body shall conduct a public hearing, and in a 354
371	371	public meeting it shall adopt an ordinance, resolution, or 355
372	372	policy statement justifying its action prior to setting and 356
373	373	certifying its tax r ate. The provisions of this subdivision 357
374	374	shall not apply to any political subdivision which levies a 358
375	375	tax rate lower than its tax rate ceiling solely due to a 359
376	376	reduction required by law resulting from sales tax 360
377	377	collections. The provisions of this subdiv ision shall not 361
378	378	apply to any political subdivision which has received voter 362
379	379	approval for an increase to its tax rate ceiling subsequent 363
380	380	to setting its most recent tax rate. 364
381	381	6. (1) For the purposes of calculating state aid for 365
382	382	public schools pursuant to section 163.031, each taxing 366
383	383	authority which is a school district shall determine its 367
384	384	proposed tax rate as a blended rate of the classes or 368
385	385	subclasses of property. Such blended rate shall be 369
386	386	calculated by first determining the total tax revenu e of the 370 SB 359 13
387	387	property within the jurisdiction of the taxing authority, 371
388	388	which amount shall be equal to the sum of the products of 372
389	389	multiplying the assessed valuation of each class and 373
390	390	subclass of property by the corresponding tax rate for such 374
391	391	class or subclass, then dividing the total tax revenue by 375
392	392	the total assessed valuation of the same jurisdiction, and 376
393	393	then multiplying the resulting quotient by a factor of one 377
394	394	hundred. Where the taxing authority is a school district, 378
395	395	such blended rate shall also b e used by such school district 379
396	396	for calculating revenue from state -assessed railroad and 380
397	397	utility property as defined in chapter 151 and for 381
398	398	apportioning the tax rate by purpose. 382
399	399	(2) Each taxing authority proposing to levy a tax rate 383
400	400	in any year shall notify the clerk of the county commission 384
401	401	in the county or counties where the tax rate applies of its 385
402	402	tax rate ceiling and its proposed tax rate. Each taxing 386
403	403	authority shall express its proposed tax rate in a fraction 387
404	404	equal to the nearest one -tenth of a cent, unless its 388
405	405	proposed tax rate is in excess of one dollar, then one/one - 389
406	406	hundredth of a cent. If a taxing authority shall round to 390
407	407	one/one-hundredth of a cent, it shall round up a fraction 391
408	408	greater than or equal to five/one -thousandth of one cent to 392
409	409	the next higher one/one -hundredth of a cent; if a taxing 393
410	410	authority shall round to one -tenth of a cent, it shall round 394
411	411	up a fraction greater than or equal to five/one -hundredths 395
412	412	of a cent to the next higher one -tenth of a cent. Any 396
413	413	taxing authority levying a property tax rate shall provide 397
414	414	data, in such form as shall be prescribed by the state 398
415	415	auditor by rule, substantiating such tax rate complies with 399
416	416	Missouri law. All forms for the calculation of rates 400
417	417	pursuant to this section shall be p romulgated as a rule and 401
418	418	shall not be incorporated by reference. The state auditor 402 SB 359 14
419	419	shall promulgate rules for any and all forms for the 403
420	420	calculation of rates pursuant to this section which do not 404
421	421	currently exist in rule form or that have been incorpora ted 405
422	422	by reference. In addition, each taxing authority proposing 406
423	423	to levy a tax rate for debt service shall provide data, in 407
424	424	such form as shall be prescribed by the state auditor by 408
425	425	rule, substantiating the tax rate for debt service complies 409
426	426	with Missouri law. A tax rate proposed for annual debt 410
427	427	service requirements will be prima facie valid if, after 411
428	428	making the payment for which the tax was levied, bonds 412
429	429	remain outstanding and the debt fund reserves do not exceed 413
430	430	the following year's payments. The county clerk shall keep 414
431	431	on file and available for public inspection all such 415
432	432	information for a period of three years. The clerk shall, 416
433	433	within three days of receipt, forward a copy of the notice 417
434	434	of a taxing authority's tax rate ceiling and proposed ta x 418
435	435	rate and any substantiating data to the state auditor. The 419
436	436	state auditor shall, within fifteen days of the date of 420
437	437	receipt, examine such information and return to the county 421
438	438	clerk his or her findings as to compliance of the tax rate 422
439	439	ceiling with this section and as to compliance of any 423
440	440	proposed tax rate for debt service with Missouri law. If 424
441	441	the state auditor believes that a taxing authority's 425
442	442	proposed tax rate does not comply with Missouri law, then 426
443	443	the state auditor's findings shall include a recalculated 427
444	444	tax rate, and the state auditor may request a taxing 428
445	445	authority to submit documentation supporting such taxing 429
446	446	authority's proposed tax rate. The county clerk shall 430
447	447	immediately forward a copy of the auditor's findings to the 431
448	448	taxing authority and shall file a copy of the findings with 432
449	449	the information received from the taxing authority. The 433
450	450	taxing authority shall have fifteen days from the date of 434 SB 359 15
451	451	receipt from the county clerk of the state auditor's 435
452	452	findings and any request for support ing documentation to 436
453	453	accept or reject in writing the rate change certified by the 437
454	454	state auditor and to submit all requested information to the 438
455	455	state auditor. A copy of the taxing authority's acceptance 439
456	456	or rejection and any information submitted to the state 440
457	457	auditor shall also be mailed to the county clerk. If a 441
458	458	taxing authority rejects a rate change certified by the 442
459	459	state auditor and the state auditor does not receive 443
460	460	supporting information which justifies the taxing 444
461	461	authority's original or any s ubsequent proposed tax rate, 445
462	462	then the state auditor shall refer the perceived violations 446
463	463	of such taxing authority to the attorney general's office 447
464	464	and the attorney general is authorized to obtain injunctive 448
465	465	relief to prevent the taxing authority from l evying a 449
466	466	violative tax rate. 450
467	467	(3) In the event that the taxing authority incorrectly 451
468	468	completes the forms created and promulgated under 452
469	469	subdivision (2) of this subsection, or makes a clerical 453
470	470	error, the taxing authority may submit amended forms wit h an 454
471	471	explanation for the needed changes. If such amended forms 455
472	472	are filed under regulations prescribed by the state auditor, 456
473	473	the state auditor shall take into consideration such amended 457
474	474	forms for the purposes of this subsection. 458
475	475	7. No tax rate shall be extended on the tax rolls by 459
476	476	the county clerk unless the political subdivision has 460
477	477	complied with the foregoing provisions of this section. 461
478	478	8. Whenever a taxpayer has cause to believe that a 462
479	479	taxing authority has not complied with the provisi ons of 463
480	480	this section, the taxpayer may make a formal complaint with 464
481	481	the prosecuting attorney of the county. Where the 465
482	482	prosecuting attorney fails to bring an action within ten 466 SB 359 16
483	483	days of the filing of the complaint, the taxpayer may bring 467
484	484	a civil action pursuant to this section and institute an 468
485	485	action as representative of a class of all taxpayers within 469
486	486	a taxing authority if the class is so numerous that joinder 470
487	487	of all members is impracticable, if there are questions of 471
488	488	law or fact common to the class, if the claims or defenses 472
489	489	of the representative parties are typical of the claims or 473
490	490	defenses of the class, and if the representative parties 474
491	491	will fairly and adequately protect the interests of the 475
492	492	class. In any class action maintained pursuant to th is 476
493	493	section, the court may direct to the members of the class a 477
494	494	notice to be published at least once each week for four 478
495	495	consecutive weeks in a newspaper of general circulation 479
496	496	published in the county where the civil action is commenced 480
497	497	and in other counties within the jurisdiction of a taxing 481
498	498	authority. The notice shall advise each member that the 482
499	499	court will exclude him or her from the class if he or she so 483
500	500	requests by a specified date, that the judgment, whether 484
501	501	favorable or not, will include all members who do not 485
502	502	request exclusion, and that any member who does not request 486
503	503	exclusion may, if he or she desires, enter an appearance. 487
504	504	In any class action brought pursuant to this section, the 488
505	505	court, in addition to the relief requested, shall assess 489
506	506	against the taxing authority found to be in violation of 490
507	507	this section the reasonable costs of bringing the action, 491
508	508	including reasonable attorney's fees, provided no attorney's 492
509	509	fees shall be awarded any attorney or association of 493
510	510	attorneys who receive public funds from any source for their 494
511	511	services. Any action brought pursuant to this section shall 495
512	512	be set for hearing as soon as practicable after the cause is 496
513	513	at issue. 497 SB 359 17
514	514	9. If in any action, including a class action, the 498
515	515	court issues an order r equiring a taxing authority to revise 499
516	516	the tax rates as provided in this section or enjoins a 500
517	517	taxing authority from the collection of a tax because of its 501
518	518	failure to revise the rate of levy as provided in this 502
519	519	section, any taxpayer paying his or her tax es when an 503
520	520	improper rate is applied has erroneously paid his or her 504
521	521	taxes in part, whether or not the taxes are paid under 505
522	522	protest as provided in section 139.031 or otherwise 506
523	523	contested. The part of the taxes paid erroneously is the 507
524	524	difference in the amount produced by the original levy and 508
525	525	the amount produced by the revised levy. The township or 509
526	526	county collector of taxes or the collector of taxes in any 510
527	527	city shall refund the amount of the tax erroneously paid. 511
528	528	The taxing authority refusing to re vise the rate of levy as 512
529	529	provided in this section shall make available to the 513
530	530	collector all funds necessary to make refunds pursuant to 514
531	531	this subsection. No taxpayer shall receive any interest on 515
532	532	any money erroneously paid by him or her pursuant to thi s 516
533	533	subsection. Effective in the 1994 tax year, nothing in this 517
534	534	section shall be construed to require a taxing authority to 518
535	535	refund any tax erroneously paid prior to or during the third 519
536	536	tax year preceding the current tax year. 520
537	537	10. Any rule or portion of a rule, as that term is 521
538	538	defined in section 536.010, that is created under the 522
539	539	authority delegated in this section shall become effective 523
540	540	only if it complies with and is subject to all of the 524
541	541	provisions of chapter 536 and, if applicable, section 525
542	542	536.028. This section and chapter 536 are nonseverable and 526
543	543	if any of the powers vested with the general assembly 527
544	544	pursuant to chapter 536 to review, to delay the effective 528
545	545	date, or to disapprove and annul a rule are subsequently 529 SB 359 18
546	546	held unconstitutional, then the grant of rulemaking 530
547	547	authority and any rule proposed or adopted after August 28, 531
548	548	2004, shall be invalid and void. 532
549	549	137.115. 1. All other laws to the contrary 1
550	550	notwithstanding, the assessor or the assessor's deputies in 2
551	551	all counties of this state including the City of St. Louis 3
552	552	shall annually make a list of all real and tangible personal 4
553	553	property taxable in the assessor's city, county, town or 5
554	554	district. Except as otherwise provided in subsection 3 of 6
555	555	this section and sectio n 137.078, for all calendar years 7
556	556	ending on or before December 31, 2025, the assessor shall 8
557	557	annually assess all personal property at thirty -three and 9
558	558	one-third percent of its true value in money as of January 10
559	559	first of each calendar year. Except as otherwise provided 11
560	560	in subsection 3 of this section and section 137.078, for all 12
561	561	calendar years beginning on or after January 1, 2026, the 13
562	562	assessor shall annually assess all personal property at 14
563	563	thirty-one percent of its true value in money as of January 15
564	564	first of each calendar year. The assessor shall annually 16
565	565	assess all real property, including any new construction and 17
566	566	improvements to real property, and possessory interests in 18
567	567	real property at the percent of its true value in money set 19
568	568	in subsection 5 of this section. The true value in money of 20
569	569	any possessory interest in real property in subclass (3), 21
570	570	where such real property is on or lies within the ultimate 22
571	571	airport boundary as shown by a federal airport layout plan, 23
572	572	as defined by 14 CFR 151.5, of a commercial airport having a 24
573	573	FAR Part 139 certification and owned by a political 25
574	574	subdivision, shall be the otherwise applicable true value in 26
575	575	money of any such possessory interest in real property, less 27
576	576	the total dollar amount of costs paid by a pa rty, other than 28
577	577	the political subdivision, towards any new construction or 29 SB 359 19
578	578	improvements on such real property completed after January 30
579	579	1, 2008, and which are included in the above -mentioned 31
580	580	possessory interest, regardless of the year in which such 32
581	581	costs were incurred or whether such costs were considered in 33
582	582	any prior year. The assessor shall annually assess all real 34
583	583	property in the following manner: new assessed values shall 35
584	584	be determined as of January first of each odd -numbered year 36
585	585	and shall be entered in the assessor's books; those same 37
586	586	assessed values shall apply in the following even -numbered 38
587	587	year, except for new construction and property improvements 39
588	588	which shall be valued as though they had been completed as 40
589	589	of January first of the precedi ng odd-numbered year. The 41
590	590	assessor may call at the office, place of doing business, or 42
591	591	residence of each person required by this chapter to list 43
592	592	property, and require the person to make a correct statement 44
593	593	of all taxable tangible personal property own ed by the 45
594	594	person or under his or her care, charge or management, 46
595	595	taxable in the county. On or before January first of each 47
596	596	even-numbered year, the assessor shall prepare and submit a 48
597	597	two-year assessment maintenance plan to the county governing 49
598	598	body and the state tax commission for their respective 50
599	599	approval or modification. The county governing body shall 51
600	600	approve and forward such plan or its alternative to the plan 52
601	601	to the state tax commission by February first. If the 53
602	602	county governing body fails to forward the plan or its 54
603	603	alternative to the plan to the state tax commission by 55
604	604	February first, the assessor's plan shall be considered 56
605	605	approved by the county governing body. If the state tax 57
606	606	commission fails to approve a plan and if the state tax 58
607	607	commission and the assessor and the governing body of the 59
608	608	county involved are unable to resolve the differences, in 60
609	609	order to receive state cost -share funds outlined in section 61 SB 359 20
610	610	137.750, the county or the assessor shall petition the 62
611	611	administrative hearin g commission, by May first, to decide 63
612	612	all matters in dispute regarding the assessment maintenance 64
613	613	plan. Upon agreement of the parties, the matter may be 65
614	614	stayed while the parties proceed with mediation or 66
615	615	arbitration upon terms agreed to by the parties . The final 67
616	616	decision of the administrative hearing commission shall be 68
617	617	subject to judicial review in the circuit court of the 69
618	618	county involved. In the event a valuation of subclass (1) 70
619	619	real property within any county with a charter form of 71
620	620	government, or within a city not within a county, is made by 72
621	621	a computer, computer -assisted method or a computer program, 73
622	622	the burden of proof, supported by clear, convincing and 74
623	623	cogent evidence to sustain such valuation, shall be on the 75
624	624	assessor at any hearing or appeal. In any such county, 76
625	625	unless the assessor proves otherwise, there shall be a 77
626	626	presumption that the assessment was made by a computer, 78
627	627	computer-assisted method or a computer program. Such 79
628	628	evidence shall include, but shall not be limited to, the 80
629	629	following: 81
630	630	(1) The findings of the assessor based on an appraisal 82
631	631	of the property by generally accepted appraisal techniques; 83
632	632	and 84
633	633	(2) The purchase prices from sales of at least three 85
634	634	comparable properties and the address or location thereof . 86
635	635	As used in this subdivision, the word "comparable" means 87
636	636	that: 88
637	637	(a) Such sale was closed at a date relevant to the 89
638	638	property valuation; and 90
639	639	(b) Such properties are not more than one mile from 91
640	640	the site of the disputed property, except where no similar 92
641	641	properties exist within one mile of the disputed property, 93 SB 359 21
642	642	the nearest comparable property shall be used. Such 94
643	643	property shall be within five hundred square feet in size of 95
644	644	the disputed property, and resemble the disputed property in 96
645	645	age, floor plan, number of rooms, and other relevant 97
646	646	characteristics. 98
647	647	2. Assessors in each county of this state and the City 99
648	648	of St. Louis may send personal property assessment forms 100
649	649	through the mail. 101
650	650	3. The following items of personal property sh all each 102
651	651	constitute separate subclasses of tangible personal property 103
652	652	and shall be assessed and valued for the purposes of 104
653	653	taxation at the following percentages of their true value in 105
654	654	money: 106
655	655	(1) Grain and other agricultural crops in an 107
656	656	unmanufactured condition, one -half of one percent; 108
657	657	(2) Livestock, twelve percent; 109
658	658	(3) Farm machinery, twelve percent; 110
659	659	(4) Motor vehicles which are eligible for registration 111
660	660	as and are registered as historic motor vehicles pursuant to 112
661	661	section 301.131 and aircraft which are at least twenty -five 113
662	662	years old and which are used solely for noncommercial 114
663	663	purposes and are operated less than two hundred hours per 115
664	664	year or aircraft that are home built from a kit, five 116
665	665	percent; 117
666	666	(5) Poultry, twelve percent; and 118
667	667	(6) Tools and equipment used for pollution control and 119
668	668	tools and equipment used in retooling for the purpose of 120
669	669	introducing new product lines or used for making 121
670	670	improvements to existing products by any company which is 122
671	671	located in a state enterprise zone and which is identified 123
672	672	by any standard industrial classification number cited in 124
673	673	subdivision (7) of section 135.200, twenty -five percent. 125 SB 359 22
674	674	4. The person listing the property shall enter a true 126
675	675	and correct statement of the proper ty, in a printed blank 127
676	676	prepared for that purpose. The statement, after being 128
677	677	filled out, shall be signed and either affirmed or sworn to 129
678	678	as provided in section 137.155. The list shall then be 130
679	679	delivered to the assessor. 131
680	680	5. (1) All subclasses of real property, as such 132
681	681	subclasses are established in Section 4(b) of Article X of 133
682	682	the Missouri Constitution and defined in section 137.016, 134
683	683	shall be assessed at the following percentages of true value: 135
684	684	(a) For real property in subclass (1), ninet een 136
685	685	percent; 137
686	686	(b) For real property in subclass (2), twelve percent; 138
687	687	and 139
688	688	(c) For real property in subclass (3), thirty -two 140
689	689	percent. 141
690	690	(2) A taxpayer may apply to the county assessor, or, 142
691	691	if not located within a county, then the assessor of such 143
692	692	city, for the reclassification of such taxpayer's real 144
693	693	property if the use or purpose of such real property is 145
694	694	changed after such property is assessed under the provisions 146
695	695	of this chapter. If the assessor determines that such 147
696	696	property shall be reclassified, he or she shall determine 148
697	697	the assessment under this subsection based on the percentage 149
698	698	of the tax year that such property was classified in each 150
699	699	subclassification. 151
700	700	6. Manufactured homes, as defined in section 700.010, 152
701	701	which are actually used as dwelling units shall be assessed 153
702	702	at the same percentage of true value as residential real 154
703	703	property for the purpose of taxation. The percentage of 155
704	704	assessment of true value for such manufactured homes shall 156
705	705	be the same as for residential real property. If the county 157 SB 359 23
706	706	collector cannot identify or find the manufactured home when 158
707	707	attempting to attach the manufactured home for payment of 159
708	708	taxes owed by the manufactured home owner, the county 160
709	709	collector may request the county commission to ha ve the 161
710	710	manufactured home removed from the tax books, and such 162
711	711	request shall be granted within thirty days after the 163
712	712	request is made; however, the removal from the tax books 164
713	713	does not remove the tax lien on the manufactured home if it 165
714	714	is later identified or found. For purposes of this section, 166
715	715	a manufactured home located in a manufactured home rental 167
716	716	park, rental community or on real estate not owned by the 168
717	717	manufactured home owner shall be considered personal 169
718	718	property. For purposes of this section, a manufactured home 170
719	719	located on real estate owned by the manufactured home owner 171
720	720	may be considered real property. 172
721	721	7. Each manufactured home assessed shall be considered 173
722	722	a parcel for the purpose of reimbursement pursuant to 174
723	723	section 137.750, unless the manufactured home is deemed to 175
724	724	be real estate as defined in subsection 7 of section 442.015 176
725	725	and assessed as a realty improvement to the existing real 177
726	726	estate parcel. 178
727	727	8. Any amount of tax due and owing based on the 179
728	728	assessment of a manufactured home shall be included on the 180
729	729	personal property tax statement of the manufactured home 181
730	730	owner unless the manufactured home is deemed to be real 182
731	731	estate as defined in subsection 7 of section 442.015, in 183
732	732	which case the amount of tax due and owing on the a ssessment 184
733	733	of the manufactured home as a realty improvement to the 185
734	734	existing real estate parcel shall be included on the real 186
735	735	property tax statement of the real estate owner. 187
736	736	9. The assessor of each county and each city not 188
737	737	within a county shall us e the trade-in value published in 189 SB 359 24
738	738	the October issue of the National Automobile Dealers' 190
739	739	Association Official Used Car Guide, or its successor 191
740	740	publication, as the recommended guide of information for 192
741	741	determining the true value of motor vehicles describe d in 193
742	742	such publication. The assessor shall not use a value that 194
743	743	is greater than the average trade -in value in determining 195
744	744	the true value of the motor vehicle without performing a 196
745	745	physical inspection of the motor vehicle. For vehicles two 197
746	746	years old or newer from a vehicle's model year, the assessor 198
747	747	may use a value other than average without performing a 199
748	748	physical inspection of the motor vehicle. In the absence of 200
749	749	a listing for a particular motor vehicle in such 201
750	750	publication, the assessor shall use s uch information or 202
751	751	publications which in the assessor's judgment will fairly 203
752	752	estimate the true value in money of the motor vehicle. 204
753	753	10. Before the assessor may increase the assessed 205
754	754	valuation of any parcel of subclass (1) real property by 206
755	755	more than fifteen percent since the last assessment, 207
756	756	excluding increases due to new construction or improvements, 208
757	757	the assessor shall conduct a physical inspection of such 209
758	758	property. 210
759	759	11. If a physical inspection is required, pursuant to 211
760	760	subsection 10 of this section, the assessor shall notify the 212
761	761	property owner of that fact in writing and shall provide the 213
762	762	owner clear written notice of the owner's rights relating to 214
763	763	the physical inspection. If a physical inspection is 215
764	764	required, the property owner may request that an interior 216
765	765	inspection be performed during the physical inspection. The 217
766	766	owner shall have no less than thirty days to notify the 218
767	767	assessor of a request for an interior physical inspection. 219
768	768	12. A physical inspection, as required by subs ection 220
769	769	10 of this section, shall include, but not be limited to, an 221 SB 359 25
770	770	on-site personal observation and review of all exterior 222
771	771	portions of the land and any buildings and improvements to 223
772	772	which the inspector has or may reasonably and lawfully gain 224
773	773	external access, and shall include an observation and review 225
774	774	of the interior of any buildings or improvements on the 226
775	775	property upon the timely request of the owner pursuant to 227
776	776	subsection 11 of this section. Mere observation of the 228
777	777	property via a drive -by inspection or the like shall not be 229
778	778	considered sufficient to constitute a physical inspection as 230
779	779	required by this section. 231
780	780	13. A county or city collector may accept credit cards 232
781	781	as proper form of payment of outstanding property tax or 233
782	782	license due. No county or city collector may charge 234
783	783	surcharge for payment by credit card which exceeds the fee 235
784	784	or surcharge charged by the credit card bank, processor, or 236
785	785	issuer for its service. A county or city collector may 237
786	786	accept payment by electronic transfers o f funds in payment 238
787	787	of any tax or license and charge the person making such 239
788	788	payment a fee equal to the fee charged the county by the 240
789	789	bank, processor, or issuer of such electronic payment. 241
790	790	14. Any county or city not within a county in this 242
791	791	state may, by an affirmative vote of the governing body of 243
792	792	such county, opt out of the provisions of this section and 244
793	793	sections 137.073, 138.060, and 138.100 as enacted by house 245
794	794	bill no. 1150 of the ninety -first general assembly, second 246
795	795	regular session and sect ion 137.073 as modified by house 247
796	796	committee substitute for senate substitute for senate 248
797	797	committee substitute for senate bill no. 960, ninety -second 249
798	798	general assembly, second regular session, for the next year 250
799	799	of the general reassessment, prior to January first of any 251
800	800	year. No county or city not within a county shall exercise 252
801	801	this opt-out provision after implementing the provisions of 253 SB 359 26
802	802	this section and sections 137.073, 138.060, and 138.100 as 254
803	803	enacted by house bill no. 1150 of the ninety -first general 255
804	804	assembly, second regular session and section 137.073 as 256
805	805	modified by house committee substitute for senate substitute 257
806	806	for senate committee substitute for senate bill no. 960, 258
807	807	ninety-second general assembly, second regular session, in a 259
808	808	year of general reassessment. For the purposes of applying 260
809	809	the provisions of this subsection, a political subdivision 261
810	810	contained within two or more counties where at least one of 262
811	811	such counties has opted out and at least one of such 263
812	812	counties has not opted out shall cal culate a single tax rate 264
813	813	as in effect prior to the enactment of house bill no. 1150 265
814	814	of the ninety-first general assembly, second regular 266
815	815	session. A governing body of a city not within a county or 267
816	816	a county that has opted out under the provisions of thi s 268
817	817	subsection may choose to implement the provisions of this 269
818	818	section and sections 137.073, 138.060, and 138.100 as 270
819	819	enacted by house bill no. 1150 of the ninety -first general 271
820	820	assembly, second regular session, and section 137.073 as 272
821	821	modified by house com mittee substitute for senate substitute 273
822	822	for senate committee substitute for senate bill no. 960, 274
823	823	ninety-second general assembly, second regular session, for 275
824	824	the next year of general reassessment, by an affirmative 276
825	825	vote of the governing body prior to De cember thirty-first of 277
826	826	any year. 278
827	827	15. The governing body of any city of the third 279
828	828	classification with more than twenty -six thousand three 280
829	829	hundred but fewer than twenty -six thousand seven hundred 281
830	830	inhabitants located in any county that has exercised its 282
831	831	authority to opt out under subsection 14 of this section may 283
832	832	levy separate and differing tax rates for real and personal 284
833	833	property only if such city bills and collects its own 285 SB 359 27
834	834	property taxes or satisfies the entire cost of the billing 286
835	835	and collection of such separate and differing tax rates. 287
836	836	Such separate and differing rates shall not exceed such 288
837	837	city's tax rate ceiling. 289
838	838	16. Any portion of real property that is available as 290
839	839	reserve for strip, surface, or coal mining for minerals for 291
840	840	purposes of excavation for future use or sale to others that 292
841	841	has not been bonded and permitted under chapter 444 shall be 293
842	842	assessed based upon how the real property is currently being 294
843	843	used. Any information provided to a county assessor, state 295
844	844	tax commission, state agency, or political subdivision 296
845	845	responsible for the administration of tax policies shall, in 297
846	846	the performance of its duties, make available all books, 298
847	847	records, and information requested, except such books, 299
848	848	records, and information as are by law declared confidential 300
849	849	in nature, including individually identifiable information 301
850	850	regarding a specific taxpayer or taxpayer's mine property. 302
851	851	For purposes of this subsection, "mine property" shall mean 303
852	852	all real property that is in use or readily availa ble as a 304
853	853	reserve for strip, surface, or coal mining for minerals for 305
854	854	purposes of excavation for current or future use or sale to 306
855	855	others that has been bonded and permitted under chapter 444. 307
856	856	