1 | 1 | | |
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2 | 2 | | FIRST REGULAR SESSION |
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3 | 3 | | SENATE BILL NO. 492 |
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4 | 4 | | 103RD GENERAL ASSEMBLY |
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5 | 5 | | INTRODUCED BY SENATOR CRAWFORD. |
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6 | 6 | | 1602S.01I KRISTINA MARTIN, Secretary |
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7 | 7 | | AN ACT |
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8 | 8 | | To amend chapter 67, RSMo, by adding thereto one new section relating to county sales taxes for |
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9 | 9 | | the operations of hospital services. |
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10 | 10 | | |
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11 | 11 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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12 | 12 | | Section A. Chapter 67, RSMo, is amended by adding thereto 1 |
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13 | 13 | | one new section, to be known as section 67.597, to read as 2 |
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14 | 14 | | follows:3 |
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15 | 15 | | 67.597. 1. The governing body of a county with more 1 |
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16 | 16 | | than fifteen thousand seven hundred but fewer than seventeen 2 |
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17 | 17 | | thousand six hundred inhabitants an d with a county seat with 3 |
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18 | 18 | | more than four thousand two hundred ten but fewer than six 4 |
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19 | 19 | | thousand inhabitants may adopt an order or ordinance 5 |
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20 | 20 | | imposing a sales tax on all retail sales made within the 6 |
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21 | 21 | | county that are subject to sales tax under chapter 144. The 7 |
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22 | 22 | | rate of such tax shall not exceed one percent. 8 |
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23 | 23 | | 2. Such tax shall not become effective unless the 9 |
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24 | 24 | | governing body of the county submits to the voters of the 10 |
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25 | 25 | | county, on any date available for elections for the county, 11 |
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26 | 26 | | a proposal to authorize the governing body of the county to 12 |
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27 | 27 | | impose such tax. Such tax shall be in addition to all other 13 |
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28 | 28 | | taxes imposed by law. Such tax shall be stated separately 14 |
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29 | 29 | | from all other charges and taxes. The proceeds of such tax 15 |
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30 | 30 | | shall be used by the county solely for the support of the 16 |
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31 | 31 | | operations of hospital services in such county. 17 SB 492 2 |
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32 | 32 | | 3. The ballot of submission for such tax shall be in 18 |
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33 | 33 | | substantially the following form: "Shall ______ (insert the 19 |
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34 | 34 | | county name) impose a sales tax at a rate of ______ (insert 20 |
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35 | 35 | | percentage) percent for the support of the operations of 21 |
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36 | 36 | | hospital services?". 22 |
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37 | 37 | | 4. If a majority of the votes cast on the question by 23 |
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38 | 38 | | the qualified voters voting thereon are in favor of the 24 |
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39 | 39 | | question, such tax shall become effective on the first day 25 |
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40 | 40 | | of the second calendar quarter following the calendar 26 |
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41 | 41 | | quarter in which the election was held. If a majority of 27 |
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42 | 42 | | the votes cast on the question by the qualified voters 28 |
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43 | 43 | | voting thereon are opposed to the question, such tax shall 29 |
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44 | 44 | | not become effective unless an d until the question is 30 |
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45 | 45 | | resubmitted under this section to the qualified voters of 31 |
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46 | 46 | | the county and such question is approved by a majority of 32 |
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47 | 47 | | the qualified voters of the county voting on the question. 33 |
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48 | 48 | | 5. Except as modified in this section, all provi sions 34 |
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49 | 49 | | of sections 32.085 and 32.087 shall apply to the tax imposed 35 |
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50 | 50 | | under this section. 36 |
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51 | 51 | | 6. All moneys collected under this section by the 37 |
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52 | 52 | | director of the department of revenue on behalf of such 38 |
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53 | 53 | | county shall be deposited in a special trust fund, wh ich is 39 |
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54 | 54 | | hereby created and shall be known as the "County Hospital 40 |
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55 | 55 | | Operations Sales Tax Fund", except that the director may 41 |
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56 | 56 | | deposit up to one percent for the cost of collection in the 42 |
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57 | 57 | | state's general revenue fund. Moneys in the fund shall be 43 |
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58 | 58 | | used solely for the designated purposes. Moneys in the fund 44 |
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59 | 59 | | shall not be deemed to be state moneys and shall not be 45 |
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60 | 60 | | commingled with any moneys of the state. The director may 46 |
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61 | 61 | | make refunds from the amounts in the fund and credited to 47 |
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62 | 62 | | the county for erroneous pay ments and overpayments made and 48 |
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63 | 63 | | may redeem dishonored checks and drafts deposited to the 49 SB 492 3 |
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64 | 64 | | credit of such county. Any moneys in the special fund that 50 |
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65 | 65 | | are not needed for current expenditures shall be invested in 51 |
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66 | 66 | | the same manner as other moneys are invest ed. Any interest 52 |
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67 | 67 | | and moneys earned on such investments shall be credited to 53 |
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68 | 68 | | the fund. 54 |
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69 | 69 | | 7. The governing body of a county that has adopted 55 |
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70 | 70 | | such tax may submit the question of repeal of the tax to the 56 |
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71 | 71 | | voters on any date available for elections for the county. 57 |
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72 | 72 | | If a majority of the votes cast on the question by the 58 |
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73 | 73 | | qualified voters voting thereon are in favor of the repeal, 59 |
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74 | 74 | | the repeal shall become effective on December thirty -first 60 |
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75 | 75 | | of the calendar year in which such repeal was approved. If 61 |
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76 | 76 | | a majority of the votes cast on the question by the 62 |
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77 | 77 | | qualified voters voting thereon are opposed to the repeal, 63 |
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78 | 78 | | such tax shall remain effective until the question is 64 |
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79 | 79 | | resubmitted under this section to the qualified voters and 65 |
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80 | 80 | | the repeal is approved by a majo rity of the qualified voters 66 |
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81 | 81 | | voting on the question. 67 |
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82 | 82 | | 8. Whenever the governing body of a county that has 68 |
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83 | 83 | | adopted such tax receives a petition, signed by a number of 69 |
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84 | 84 | | registered voters of the county equal to at least ten 70 |
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85 | 85 | | percent of the number of re gistered voters of the county 71 |
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86 | 86 | | voting in the last gubernatorial election, calling for an 72 |
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87 | 87 | | election to repeal such tax, the governing body shall submit 73 |
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88 | 88 | | to the voters a proposal to repeal the tax. If a majority 74 |
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89 | 89 | | of the votes cast on the question by the qua lified voters 75 |
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90 | 90 | | voting thereon are in favor of the repeal, the repeal shall 76 |
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91 | 91 | | become effective on December thirty -first of the calendar 77 |
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92 | 92 | | year in which such repeal was approved. If a majority of 78 |
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93 | 93 | | the votes cast on the question by the qualified voters 79 |
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94 | 94 | | voting thereon are opposed to the repeal, such tax shall 80 |
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95 | 95 | | remain effective until the question is resubmitted under 81 SB 492 4 |
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96 | 96 | | this section to the qualified voters and the repeal is 82 |
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97 | 97 | | approved by a majority of the qualified voters voting on the 83 |
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98 | 98 | | question. 84 |
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99 | 99 | | 9. If such tax is repealed or terminated by any means, 85 |
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100 | 100 | | all moneys remaining in the special trust fund shall 86 |
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101 | 101 | | continue to be used solely for the designated purposes. The 87 |
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102 | 102 | | county shall notify the director of the department of 88 |
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103 | 103 | | revenue of the repeal or termination at l east ninety days 89 |
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104 | 104 | | before the effective date of the repeal or termination. The 90 |
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105 | 105 | | director may order retention in the trust fund, for a period 91 |
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106 | 106 | | of one year, of two percent of the amount collected after 92 |
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107 | 107 | | receipt of such notice to cover possible refunds or 93 |
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108 | 108 | | overpayment of the tax and to redeem dishonored checks and 94 |
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109 | 109 | | drafts deposited to the credit of such account. After one 95 |
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110 | 110 | | year has elapsed after the effective date of the repeal or 96 |
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111 | 111 | | termination, the director shall remit the balance in the 97 |
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112 | 112 | | account to the count y and close the account of that county. 98 |
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113 | 113 | | The director shall notify such county of each instance of 99 |
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114 | 114 | | any amount refunded or any check redeemed from receipts due 100 |
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115 | 115 | | the county. 101 |
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116 | 116 | | |
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