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. 749 |
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6 | 6 | | 103RD GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR CRAWFORD. |
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8 | 8 | | 3050S.01I KRISTINA MARTIN, Secretary |
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9 | 9 | | AN ACT |
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10 | 10 | | To repeal section 94.900, RSMo, and to enact in lieu thereof one new section relating to a public |
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11 | 11 | | safety sales 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14 | 14 | | Section A. Section 94.900, RSMo, is repealed and one new 1 |
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15 | 15 | | section enacted in lieu thereof, to be known as section 94.900, 2 |
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16 | 16 | | to read as follows:3 |
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17 | 17 | | 94.900. 1. (1) The governing body of the following 1 |
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18 | 18 | | cities may impose a tax as provided in this section: 2 |
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19 | 19 | | (a) Any city of the third classification with more 3 |
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20 | 20 | | than ten thousand eight hundred but less than ten thousand 4 |
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21 | 21 | | nine hundred inhabitants located at least partly within a 5 |
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22 | 22 | | county of the first classification with more than one 6 |
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23 | 23 | | hundred eighty-four thousand but less than one hundred 7 |
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24 | 24 | | eighty-eight thousand inhabitants; 8 |
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25 | 25 | | (b) Any city of the fourth classification with more 9 |
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26 | 26 | | than four thousand five hundred but fewer than five thousand 10 |
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27 | 27 | | inhabitants; 11 |
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28 | 28 | | (c) Any city of the fourth classification with more 12 |
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29 | 29 | | than eight thousand nine hundred but fewer than nine 13 |
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30 | 30 | | thousand inhabitants; 14 |
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31 | 31 | | (d) Any home rule city with more than forty -eight 15 |
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32 | 32 | | thousand but fewer than forty -nine thousand inhabitants; 16 |
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33 | 33 | | (e) Any home rule city with more than seventy -three 17 |
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34 | 34 | | thousand but fewer than seventy -five thousand inhabitants; 18 SB 749 2 |
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35 | 35 | | (f) Any city of the fourth classification with more 19 |
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36 | 36 | | than thirteen thousand five hundred but fewer than sixteen 20 |
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37 | 37 | | thousand inhabitants; 21 |
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38 | 38 | | (g) Any city of the fourth classification with more 22 |
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39 | 39 | | than seven thousand but fewer than eight thousand 23 |
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40 | 40 | | inhabitants; 24 |
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41 | 41 | | (h) Any city of the fourth classification with more 25 |
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42 | 42 | | than four thousand but fewer than four thousand five h undred 26 |
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43 | 43 | | inhabitants and located in any county of the first 27 |
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44 | 44 | | classification with more than one hundred fifty thousand but 28 |
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45 | 45 | | fewer than two hundred thousand inhabitants; 29 |
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46 | 46 | | (i) Any city of the third classification with more 30 |
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47 | 47 | | than thirteen thousand but fewe r than fifteen thousand 31 |
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48 | 48 | | inhabitants and located in any county of the third 32 |
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49 | 49 | | classification without a township form of government and 33 |
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50 | 50 | | with more than thirty -three thousand but fewer than thirty - 34 |
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51 | 51 | | seven thousand inhabitants; 35 |
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52 | 52 | | (j) Any city of the fourth classification with more 36 |
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53 | 53 | | than three thousand but fewer than three thousand three 37 |
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54 | 54 | | hundred inhabitants and located in any county of the third 38 |
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55 | 55 | | classification without a township form of government and 39 |
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56 | 56 | | with more than eighteen thousand but fewer than twenty 40 |
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57 | 57 | | thousand inhabitants and that is not the county seat of such 41 |
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58 | 58 | | county; 42 |
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59 | 59 | | (k) Any city with more than ten thousand but fewer 43 |
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60 | 60 | | than eleven thousand inhabitants and partially located in a 44 |
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61 | 61 | | county with more than two hundred thirty thousand but fewer 45 |
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62 | 62 | | than two hundred sixty thousand inhabitants; 46 |
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63 | 63 | | (l) Any city with more than four thousand nine hundred 47 |
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64 | 64 | | but fewer than five thousand six hundred inhabitants and 48 |
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65 | 65 | | located in a county with more than thirty thousand but fewer 49 |
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66 | 66 | | than thirty-five thousand inhabita nts; [or] 50 SB 749 3 |
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67 | 67 | | (m) Any city with more than twelve thousand five 51 |
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68 | 68 | | hundred but fewer than fourteen thousand inhabitants and 52 |
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69 | 69 | | that is the county seat of a county with more than twenty - 53 |
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70 | 70 | | two thousand but fewer than twenty -five thousand inhabitants ; 54 |
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71 | 71 | | (n) Any city with more than eight thousand but fewer 55 |
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72 | 72 | | than nine thousand inhabitants and that is the county seat 56 |
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73 | 73 | | of a county with more than nineteen thousand but fewer than 57 |
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74 | 74 | | twenty-two thousand inhabitants . 58 |
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75 | 75 | | (2) The governing body of any city listed in 59 |
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76 | 76 | | subdivision (1) of this subsection is hereby authorized to 60 |
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77 | 77 | | impose, by ordinance or order, a sales tax in the amount of 61 |
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78 | 78 | | up to one-half of one percent on all retail sales made in 62 |
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79 | 79 | | such city which are subject to taxation under the provisions 63 |
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80 | 80 | | of sections 144.010 to 144.525 for the purpose of improving 64 |
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81 | 81 | | the public safety for such city, which shall be limited to 65 |
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82 | 82 | | expenditures on equipment, salaries and benefits, and 66 |
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83 | 83 | | facilities for police, fire and emergency medical 67 |
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84 | 84 | | providers. The tax authorized by this secti on shall be in 68 |
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85 | 85 | | addition to any and all other sales taxes allowed by law, 69 |
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86 | 86 | | except that no ordinance or order imposing a sales tax 70 |
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87 | 87 | | pursuant to the provisions of this section shall be 71 |
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88 | 88 | | effective unless the governing body of the city submits to 72 |
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89 | 89 | | the voters of the city, at a county or state general, 73 |
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90 | 90 | | primary or special election, a proposal to authorize the 74 |
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91 | 91 | | governing body of the city to impose a tax. 75 |
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92 | 92 | | 2. If the proposal submitted involves only 76 |
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93 | 93 | | authorization to impose the tax authorized by this section, 77 |
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94 | 94 | | the ballot of submission shall contain, but need not be 78 |
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95 | 95 | | limited to, the following language: 79 |
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96 | 96 | | 80 |
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97 | 97 | | 81 |
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98 | 98 | | Shall the city of _________ (city's name) impose a |
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99 | 99 | | citywide sales tax of _________ (insert amount) for |
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100 | 100 | | SB 749 4 |
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101 | 101 | | If a majority of the votes cast on the proposal by the 89 |
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102 | 102 | | qualified voters voting ther eon are in favor of the proposal 90 |
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103 | 103 | | submitted pursuant to this subsection, then the ordinance or 91 |
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104 | 104 | | order and any amendments thereto shall be in effect on the 92 |
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105 | 105 | | first day of the second calendar quarter after the director 93 |
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106 | 106 | | of revenue receives notification of ado ption of the local 94 |
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107 | 107 | | sales tax. If a proposal receives less than the required 95 |
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108 | 108 | | majority, then the governing body of the city shall have no 96 |
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109 | 109 | | power to impose the sales tax herein authorized unless and 97 |
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110 | 110 | | until the governing body of the city shall again have 98 |
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111 | 111 | | submitted another proposal to authorize the governing body 99 |
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112 | 112 | | of the city to impose the sales tax authorized by this 100 |
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113 | 113 | | section and such proposal is approved by the required 101 |
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114 | 114 | | majority of the qualified voters voting thereon. However, 102 |
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115 | 115 | | in no event shall a propos al pursuant to this section be 103 |
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116 | 116 | | submitted to the voters sooner than twelve months from the 104 |
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117 | 117 | | date of the last proposal pursuant to this section. 105 |
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118 | 118 | | 3. All revenue received by a city from the tax 106 |
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119 | 119 | | authorized under the provisions of this section shall be 107 |
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120 | 120 | | deposited in a special trust fund and shall be used solely 108 |
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121 | 121 | | for improving the public safety for such city for so long as 109 |
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122 | 122 | | the tax shall remain in effect. 110 |
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123 | 123 | | 4. Once the tax authorized by this section is 111 |
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124 | 124 | | abolished or is terminated by any means, all fund s remaining 112 |
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125 | 125 | | 82 |
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126 | 126 | | 83 |
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127 | 127 | | the purpose of improving the public safety of the |
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128 | 128 | | city? |
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129 | 129 | | 84 □ YES □ NO |
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130 | 130 | | 85 |
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131 | 131 | | 86 |
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132 | 132 | | 87 |
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133 | 133 | | 88 |
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134 | 134 | | If you are in favor of the question, place an “X” |
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135 | 135 | | in the box opposite “YES”. If you are opposed to |
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136 | 136 | | the question, place an “X” in the box opposite “NO”. |
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137 | 137 | | SB 749 5 |
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138 | 138 | | in the special trust fund shall be used solely for improving 113 |
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139 | 139 | | the public safety for the city. Any funds in such special 114 |
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140 | 140 | | trust fund which are not needed for current expenditures may 115 |
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141 | 141 | | be invested by the governing body in accordance with 116 |
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142 | 142 | | applicable laws relating to the investment of other city 117 |
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143 | 143 | | funds. 118 |
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144 | 144 | | 5. All sales taxes collected by the director of the 119 |
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145 | 145 | | department of revenue under this section on behalf of any 120 |
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146 | 146 | | city, less one percent for cost of collection which shall be 121 |
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147 | 147 | | deposited in the state's general revenue fund after payment 122 |
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148 | 148 | | of premiums for surety bonds as provided in section 32.087, 123 |
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149 | 149 | | shall be deposited in a special trust fund, which is hereby 124 |
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150 | 150 | | created, to be known as the "City Public Safety Sales Tax 125 |
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151 | 151 | | Trust Fund". The moneys in the trust fund shall not be 126 |
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152 | 152 | | deemed to be state funds and shall not be commingled with 127 |
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153 | 153 | | any funds of the state. The provisions of section 33.080 to 128 |
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154 | 154 | | the contrary notwithstanding, money in this fund shall not 129 |
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155 | 155 | | be transferred and placed to the credit of the g eneral 130 |
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156 | 156 | | revenue fund. The director of the department of revenue 131 |
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157 | 157 | | shall keep accurate records of the amount of money in the 132 |
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158 | 158 | | trust and which was collected in each city imposing a sales 133 |
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159 | 159 | | tax pursuant to this section, and the records shall be open 134 |
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160 | 160 | | to the inspection of officers of the city and the public. 135 |
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161 | 161 | | Not later than the tenth day of each month the director of 136 |
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162 | 162 | | the department of revenue shall distribute all moneys 137 |
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163 | 163 | | deposited in the trust fund during the preceding month to 138 |
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164 | 164 | | the city which levied the tax; such funds shall be deposited 139 |
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165 | 165 | | with the city treasurer of each such city, and all 140 |
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166 | 166 | | expenditures of funds arising from the trust fund shall be 141 |
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167 | 167 | | by an appropriation act to be enacted by the governing body 142 |
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168 | 168 | | of each such city. Expenditures may be made from th e fund 143 |
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169 | 169 | | for any functions authorized in the ordinance or order 144 SB 749 6 |
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170 | 170 | | adopted by the governing body submitting the tax to the 145 |
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171 | 171 | | voters. 146 |
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172 | 172 | | 6. The director of the department of revenue may make 147 |
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173 | 173 | | refunds from the amounts in the trust fund and credited to 148 |
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174 | 174 | | any city for erroneous payments and overpayments made, and 149 |
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175 | 175 | | may redeem dishonored checks and drafts deposited to the 150 |
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176 | 176 | | credit of such cities. If any city abolishes the tax, the 151 |
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177 | 177 | | city shall notify the director of the department of revenue 152 |
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178 | 178 | | of the action at least ninety days prior to the effective 153 |
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179 | 179 | | date of the repeal and the director of the department of 154 |
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180 | 180 | | revenue may order retention in the trust fund, for a period 155 |
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181 | 181 | | of one year, of two percent of the amount collected after 156 |
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182 | 182 | | receipt of such notice to cover possible r efunds or 157 |
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183 | 183 | | overpayment of the tax and to redeem dishonored checks and 158 |
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184 | 184 | | drafts deposited to the credit of such accounts. After one 159 |
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185 | 185 | | year has elapsed after the effective date of abolition of 160 |
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186 | 186 | | the tax in such city, the director of the department of 161 |
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187 | 187 | | revenue shall remit the balance in the account to the city 162 |
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188 | 188 | | and close the account of that city. The director of the 163 |
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189 | 189 | | department of revenue shall notify each city of each 164 |
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190 | 190 | | instance of any amount refunded or any check redeemed from 165 |
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191 | 191 | | receipts due the city. 166 |
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192 | 192 | | 7. Except as modified in this section, all provisions 167 |
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193 | 193 | | of sections 32.085 and 32.087 shall apply to the tax imposed 168 |
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194 | 194 | | pursuant to this section. 169 |
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195 | 195 | | 8. If any city in subsection 1 of this section enacts 170 |
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196 | 196 | | the tax authorized in this section, the city shall budg et an 171 |
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197 | 197 | | amount to public safety that is no less than the amount 172 |
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198 | 198 | | budgeted in the year immediately preceding the enactment of 173 |
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199 | 199 | | the tax. The revenue from the tax shall supplement and not 174 |
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200 | 200 | | replace amounts budgeted by the city. 175 |
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201 | 201 | | |
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