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. 546 |
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6 | 6 | | 103RD GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR LEWIS. |
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8 | 8 | | 1978S.01I KRISTINA MARTIN, Secretary |
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9 | 9 | | AN ACT |
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10 | 10 | | To repeal sections 92.105, 92.111, and 92.115, RSMo, and to enact in lieu thereof three new |
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11 | 11 | | sections relating to earnings tax. |
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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. Sections 92.105, 92.111, and 92.115, RSMo, are 1 |
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15 | 15 | | repealed and three new sections enacted in lieu thereof, to be 2 |
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16 | 16 | | known as sections 92.105, 92.111, and 92.115 , to read as 3 |
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17 | 17 | | follows:4 |
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18 | 18 | | 92.105. It is the intent of sections 92.105 to 92.125 1 |
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19 | 19 | | that starting in 2011 voters in any city imposing an 2 |
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20 | 20 | | earnings tax will decide in local elections to continue the 3 |
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21 | 21 | | earnings tax. If the majority of local voters vote to 4 |
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22 | 22 | | continue the earnings tax, it will continue for five years , 5 |
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23 | 23 | | or in any city with more than four hundred thousand 6 |
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24 | 24 | | inhabitants and located in more than one county, for ten 7 |
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25 | 25 | | years, and then will be voted on again. If a majority of 8 |
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26 | 26 | | voters in any city having an earnings tax vote against 9 |
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27 | 27 | | continuing the earnings tax, it will be phased out pursuant 10 |
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28 | 28 | | to section 92.125 in such city over a period of ten years. 11 |
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29 | 29 | | Further, sections 92.105 to 92.125 prohibit any Missouri 12 |
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30 | 30 | | city or town that does not, as of November 2, 2010, impose 13 |
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31 | 31 | | an earnings tax, from imposing such a tax on residents and 14 |
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32 | 32 | | businesses. 15 |
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33 | 33 | | 92.111. 1. After December 31, 2011, no city, 1 |
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34 | 34 | | including any constitutional charter city, shall impose or 2 SB 546 2 |
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35 | 35 | | levy an earnings tax, except a constitution al charter city 3 |
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36 | 36 | | that imposed or levied an earnings tax on November 2, 2010, 4 |
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37 | 37 | | may continue to impose the earnings tax if it submits to the 5 |
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38 | 38 | | voters of such city pursuant to section 92.115 the question 6 |
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39 | 39 | | whether to continue such earnings tax for a period of f ive 7 |
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40 | 40 | | years, or if such city with more than four hundred thousand 8 |
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41 | 41 | | inhabitants and located in more than one county, for a 9 |
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42 | 42 | | period of ten years, and a majority of such qualified voters 10 |
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43 | 43 | | voting thereon approve such question, however, if no such 11 |
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44 | 44 | | election is held, or if in any election held to continue to 12 |
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45 | 45 | | impose or levy the earnings tax a majority of such qualified 13 |
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46 | 46 | | voters voting thereon fail to approve the continuation of 14 |
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47 | 47 | | the earnings tax, such city shall no longer be authorized to 15 |
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48 | 48 | | impose or levy such earni ngs tax except to reduce such tax 16 |
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49 | 49 | | in the manner provided by section 92.125. 17 |
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50 | 50 | | 2. As used in sections 92.111 to 92.200, unless the 18 |
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51 | 51 | | context clearly requires otherwise, the term "earnings tax" 19 |
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52 | 52 | | means a tax on the: 20 |
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53 | 53 | | (1) Salaries, wages, commissions and other 21 |
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54 | 54 | | compensation earned by its residents; 22 |
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55 | 55 | | (2) Salaries, wages, commissions and other 23 |
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56 | 56 | | compensation earned by nonresidents of the city for work 24 |
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57 | 57 | | done or services performed or rendered in the city; 25 |
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58 | 58 | | (3) Net profits of associations, business es or other 26 |
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59 | 59 | | activities conducted by residents; 27 |
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60 | 60 | | (4) Net profits of associations, businesses or other 28 |
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61 | 61 | | activities conducted in the city by nonresidents; 29 |
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62 | 62 | | (5) Net profits earned by all corporations as the 30 |
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63 | 63 | | result of work done or services performed or rendered and 31 |
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64 | 64 | | business or other activities. 32 |
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65 | 65 | | 92.115. 1. Any constitutional charter city which as 1 |
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66 | 66 | | of November 2, 2010, imposed or levied an earnings tax may 2 SB 546 3 |
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67 | 67 | | continue to impose or levy an earnings tax, pursuant to 3 |
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68 | 68 | | sections 92.111 to 92.200, if it submits to the qualified 4 |
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69 | 69 | | voters of such city on the next general municipal election 5 |
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70 | 70 | | date immediately following November 2, 2010, and once every 6 |
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71 | 71 | | five years thereafter, or if such city with more than four 7 |
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72 | 72 | | hundred thousand inhabitants and located in more than one 8 |
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73 | 73 | | county, once every ten years thereafter, the question 9 |
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74 | 74 | | whether to continue to impose and levy the earnings tax 10 |
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75 | 75 | | authorized pursuant to sections 92.111 to 92.200, and if a 11 |
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76 | 76 | | majority of qualified voters voting approve the continuanc e 12 |
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77 | 77 | | of the earnings tax at such election. 13 |
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78 | 78 | | 2. (1) The question submitted to the qualified voters 14 |
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79 | 79 | | in any such city, except for any city with more than four 15 |
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80 | 80 | | hundred thousand inhabitants and located in more than one 16 |
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81 | 81 | | county, shall contain the earnings tax percentage imposed 17 |
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82 | 82 | | and the name of the city submitting the question and shall 18 |
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83 | 83 | | otherwise contain exactly the following language: 19 |
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84 | 84 | | (2) The question submitted to the qualified voters in 25 |
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85 | 85 | | any city with more than four hundred thousand inhabitants 26 |
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86 | 86 | | and located in more than one county shall contain the 27 |
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87 | 87 | | earnings tax percentage imposed and the name of the city 28 |
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88 | 88 | | submitting the question and shall otherwise cont ain exactly 29 |
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89 | 89 | | the following language: 30 |
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90 | 90 | | 20 |
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91 | 91 | | 21 |
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92 | 92 | | 22 |
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93 | 93 | | 23 |
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94 | 94 | | Shall the earnings tax of ______ %, imposed by the |
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95 | 95 | | City of ______, be continued for a period of five |
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96 | 96 | | (5) years commencing January [1] 1st immediately |
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97 | 97 | | following the date of this election? |
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98 | 98 | | |
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99 | 99 | | 24 □ Yes □ No |
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100 | 100 | | 31 |
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101 | 101 | | 32 |
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102 | 102 | | Shall the earnings tax of ______ %, imposed by the |
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103 | 103 | | City of ______, be continued for a period of ten |
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104 | 104 | | SB 546 4 |
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105 | 105 | | 3. If the question whether to continue to impose and 36 |
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106 | 106 | | levy the earnings tax fails to be approved by the majority 37 |
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107 | 107 | | of qualified voters voting thereon, the earnings tax levied 38 |
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108 | 108 | | and imposed on November 2, 2010, shall be reduced pursuant 39 |
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109 | 109 | | to section 92.125 commencing January first of the calendar 40 |
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110 | 110 | | year following the date of the election held under this 41 |
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111 | 111 | | section or January first of the calendar year following the 42 |
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112 | 112 | | calendar year in which such election was authorize d under 43 |
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113 | 113 | | this section but not held by such city. 44 |
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114 | 114 | | 4. No city which has begun reductions of its earnings 45 |
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115 | 115 | | tax pursuant to section 92.125 may, by ordinance or any 46 |
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116 | 116 | | other means, with or without voter approval, stop or suspend 47 |
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117 | 117 | | such reduction. 48 |
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118 | 118 | | |
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119 | 119 | | 33 |
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120 | 120 | | 34 |
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121 | 121 | | (10) years commencing January 1st immediately |
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122 | 122 | | following the date of this election ? |
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123 | 123 | | 35 □ Yes □ No |
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