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