Sales tax authorized, ballot language--deposit of tax revenue, use ofmoneys--abolishment of tax, effect of--annual report,contents--severability clause.
251.615. 1. Any city or county that has agreed to form a regionaleconomic development district created under the regional economicdevelopment district law which consists of all of one or more entirecounties, all of one or more entire cities, or all of one or more entirecounties and one or more entire cities which are totally outside theboundaries of those counties may impose, by resolution of the governingbody of the city or county, a sales tax on all retail sales made in thecity or county which are subject to sales tax under chapter 144, RSMo, forthe benefit of the regional economic development district. The sales taxmay be imposed at a rate of one-eighth of one percent, one-fourth of onepercent, three-eighths of one percent or one-half of one percent on thereceipts from the sale at retail of all tangible personal property ortaxable services at retail within any such city or county adopting suchtax, if such property and services are subject to taxation by the state ofMissouri under the provisions of sections 144.010 to 144.525, RSMo. Theresolution imposing the tax shall not become effective unless the governingbody of the city or county submits to the voters of the city or county atany citywide, county, or state general, primary, or special election aproposal to authorize the city or county to impose a tax under thissection. The tax authorized in this section shall be in addition to allother sales taxes imposed by law and shall be stated separately from allother charges and taxes.
2. The ballot of submission for the tax authorized in this sectionshall be in substantially the following form:
Shall the city or county of .......... (insert city or county name)impose a sales tax at the rate of .......... (insert amount) for economicdevelopment purposes?
â ã YES â ã NO
If you are in favor of the question, place an "X" in the box opposite"YES". If you are opposed to the question, place an "X" in the boxopposite "NO".
If a majority of the votes cast on the proposal by the qualified votersvoting thereon are in favor of the proposal, then the resolution and anyamendments thereto shall be in effect. If a majority of the votes cast bythe qualified voters voting are opposed to the proposal, then the governingbody of the city or county shall have no power to impose the sales taxauthorized by this section unless and until the proposal is resubmittedunder this section and such proposal is approved by a majority of thequalified voters voting thereon.
3. All sales taxes collected by the director of revenue under thissection on behalf of any city or county for the benefit of a regionaleconomic development district, less one percent for cost of collectionwhich shall be deposited in the state's general revenue fund after paymentof premiums for surety bonds as provided in section 32.087, RSMo, shall bedeposited in a special trust fund, which is hereby created, to be known asthe "Regional Economic Development District Sales Tax Trust Fund".
4. The moneys in the regional economic development district sales taxtrust fund shall not be deemed to be state funds and shall not becommingled with any funds of the state. The director of revenue shall keepaccurate records of the amount of money in the trust fund which wascollected in each city or county imposing a sales tax under this section,and the records shall be open to the inspection of the board of thedistrict, the governing body of the city or county, and the public.
5. Not later than the tenth day of each month, the director ofrevenue shall distribute all moneys deposited in the trust fund during thepreceding month to the city or county which levied the tax. Such fundsshall be distributed to the treasurer of the governing body of the city orcounty which shall deposit all such funds for the benefit of the district.All expenditures of funds arising from the regional economic developmentdistrict sales tax trust fund shall be in accordance with the regionaleconomic development district law.
6. The director of revenue may authorize the state treasurer to makerefunds from the amounts in the trust fund and credited to any city orcounty for erroneous payments and overpayments made, and may redeemdishonored checks and drafts deposited to the credit of such city orcounty.
7. If any city or county abolishes the tax, the governing body of thecity or county shall notify the director of revenue of the action at leastninety days prior to the effective date of the repeal, and the director ofrevenue may order retention in the trust fund, for a period of one year, oftwo percent of the amount collected after receipt of such notice to coverpossible refunds or overpayment of the tax and to redeem dishonored checksand drafts deposited to the credit of such accounts. After one year haselapsed after the effective date of abolition of the tax in such district,the director of revenue shall remit the balance in the account to the cityor county and close the account of that city or county. The director ofrevenue shall notify each city or county of each instance of any amountrefunded or any check redeemed from receipts due the city or county.
8. Except as modified in and by this section, all provisions ofsections 32.085 and 32.087, RSMo, shall apply to the tax imposed under thissection.
9. All revenue generated by the tax shall be deposited in a specialtrust fund and shall be used solely for the designated purposes. If thetax is repealed, all funds remaining in the special trust fund shallcontinue to be used solely for the designated purposes. Any funds in thespecial trust fund which are not needed for current expenditures may beinvested by the city or county in accordance with applicable laws relatingto the investment of other city or county funds.
10. The board shall consider regional economic development plans,regional economic development projects, or designations of a regionaleconomic development district and shall hold public hearings and providenotice of any such hearings. The board shall vote on all proposed regionaleconomic development plans, regional economic development projects, ordesignations of a regional economic development district, and amendmentsthereto, within thirty days following completion of the hearing on any suchplan, project, or designation, and shall make the final determination onuse and expenditure of any funds received from the tax imposed under thissection.
11. Notwithstanding any other provision of law to the contrary, theregional economic development district sales tax imposed under this sectionwhen imposed within a special taxing district, including but not limited toa tax increment financing district, neighborhood improvement district, orcommunity improvement district, shall be excluded from the calculation ofrevenues available to such districts, and no revenues from any sales taximposed under this section shall be used for the purposes of any suchdistrict unless approved by the regional economic development districtboard established under the regional economic development district law andthe governing body of the city or county imposing the tax.
12. The board of the district shall make a report at least annuallyon the use of the funds provided under this section and on the progress ofany plan, project, or area designation adopted under this section and shallmake such report available to the public and the governing body of the cityor county imposing the tax.
13. (1) No city or county imposing a sales tax under this sectionmay repeal or amend such sales tax unless such repeal or amendment will notimpair the district's ability to repay any liabilities which it hasincurred, money which it has borrowed, or revenue bonds, notes, or otherobligations which it has issued to finance any project or projects.
(2) Whenever the governing body of any city or county in which aregional economic development district sales tax has been imposed in themanner provided by this section receives a petition, signed by ten percentof the qualified voters of such city or county calling for an election torepeal such regional economic development district sales tax, the governingbody shall, if such repeal will not impair the district's ability to repayany liabilities which it has incurred, money which it has borrowed, orrevenue bonds, notes, or other obligations which it has issued to financeany project or projects, submit to the voters of such city or county aproposal to repeal the regional economic development district sales taximposed under this section. If a majority of the votes cast on theproposal by the qualified voters voting thereon are in favor of theproposal to repeal the regional economic development district sales tax,then the resolution imposing the regional economic development districtsales tax, along with any amendments thereto, is repealed. If a majorityof the votes cast by the qualified voters voting thereon are opposed to theproposal to repeal the regional economic development district sales tax,then the resolution imposing the regional economic development districtsales tax, along with any amendments thereto, shall remain in effect.
14. If any provision of the regional economic development districtlaw or the application thereof to any person or circumstance is heldinvalid, the invalidity shall not affect other provisions or application ofthe regional economic development district law which can be given effectwithout the invalid provision or application, and to this end theprovisions of the regional economic development district law are declaredseverable.
Sales tax authorized, ballot language--deposit of tax revenue, use ofmoneys--abolishment of tax, effect of--annual report,contents--severability clause.
251.615. 1. Any city or county that has agreed to form a regionaleconomic development district created under the regional economicdevelopment district law which consists of all of one or more entirecounties, all of one or more entire cities, or all of one or more entirecounties and one or more entire cities which are totally outside theboundaries of those counties may impose, by resolution of the governingbody of the city or county, a sales tax on all retail sales made in thecity or county which are subject to sales tax under chapter 144, RSMo, forthe benefit of the regional economic development district. The sales taxmay be imposed at a rate of one-eighth of one percent, one-fourth of onepercent, three-eighths of one percent or one-half of one percent on thereceipts from the sale at retail of all tangible personal property ortaxable services at retail within any such city or county adopting suchtax, if such property and services are subject to taxation by the state ofMissouri under the provisions of sections 144.010 to 144.525, RSMo. Theresolution imposing the tax shall not become effective unless the governingbody of the city or county submits to the voters of the city or county atany citywide, county, or state general, primary, or special election aproposal to authorize the city or county to impose a tax under thissection. The tax authorized in this section shall be in addition to allother sales taxes imposed by law and shall be stated separately from allother charges and taxes.
2. The ballot of submission for the tax authorized in this sectionshall be in substantially the following form:
Shall the city or county of .......... (insert city or county name)impose a sales tax at the rate of .......... (insert amount) for economicdevelopment purposes?
â ã YES â ã NO
If you are in favor of the question, place an "X" in the box opposite"YES". If you are opposed to the question, place an "X" in the boxopposite "NO".
If a majority of the votes cast on the proposal by the qualified votersvoting thereon are in favor of the proposal, then the resolution and anyamendments thereto shall be in effect. If a majority of the votes cast bythe qualified voters voting are opposed to the proposal, then the governingbody of the city or county shall have no power to impose the sales taxauthorized by this section unless and until the proposal is resubmittedunder this section and such proposal is approved by a majority of thequalified voters voting thereon.
3. All sales taxes collected by the director of revenue under thissection on behalf of any city or county for the benefit of a regionaleconomic development district, less one percent for cost of collectionwhich shall be deposited in the state's general revenue fund after paymentof premiums for surety bonds as provided in section 32.087, RSMo, shall bedeposited in a special trust fund, which is hereby created, to be known asthe "Regional Economic Development District Sales Tax Trust Fund".
4. The moneys in the regional economic development district sales taxtrust fund shall not be deemed to be state funds and shall not becommingled with any funds of the state. The director of revenue shall keepaccurate records of the amount of money in the trust fund which wascollected in each city or county imposing a sales tax under this section,and the records shall be open to the inspection of the board of thedistrict, the governing body of the city or county, and the public.
5. Not later than the tenth day of each month, the director ofrevenue shall distribute all moneys deposited in the trust fund during thepreceding month to the city or county which levied the tax. Such fundsshall be distributed to the treasurer of the governing body of the city orcounty which shall deposit all such funds for the benefit of the district.All expenditures of funds arising from the regional economic developmentdistrict sales tax trust fund shall be in accordance with the regionaleconomic development district law.
6. The director of revenue may authorize the state treasurer to makerefunds from the amounts in the trust fund and credited to any city orcounty for erroneous payments and overpayments made, and may redeemdishonored checks and drafts deposited to the credit of such city orcounty.
7. If any city or county abolishes the tax, the governing body of thecity or county shall notify the director of revenue of the action at leastninety days prior to the effective date of the repeal, and the director ofrevenue may order retention in the trust fund, for a period of one year, oftwo percent of the amount collected after receipt of such notice to coverpossible refunds or overpayment of the tax and to redeem dishonored checksand drafts deposited to the credit of such accounts. After one year haselapsed after the effective date of abolition of the tax in such district,the director of revenue shall remit the balance in the account to the cityor county and close the account of that city or county. The director ofrevenue shall notify each city or county of each instance of any amountrefunded or any check redeemed from receipts due the city or county.
8. Except as modified in and by this section, all provisions ofsections 32.085 and 32.087, RSMo, shall apply to the tax imposed under thissection.
9. All revenue generated by the tax shall be deposited in a specialtrust fund and shall be used solely for the designated purposes. If thetax is repealed, all funds remaining in the special trust fund shallcontinue to be used solely for the designated purposes. Any funds in thespecial trust fund which are not needed for current expenditures may beinvested by the city or county in accordance with applicable laws relatingto the investment of other city or county funds.
10. The board shall consider regional economic development plans,regional economic development projects, or designations of a regionaleconomic development district and shall hold public hearings and providenotice of any such hearings. The board shall vote on all proposed regionaleconomic development plans, regional economic development projects, ordesignations of a regional economic development district, and amendmentsthereto, within thirty days following completion of the hearing on any suchplan, project, or designation, and shall make the final determination onuse and expenditure of any funds received from the tax imposed under thissection.
11. Notwithstanding any other provision of law to the contrary, theregional economic development district sales tax imposed under this sectionwhen imposed within a special taxing district, including but not limited toa tax increment financing district, neighborhood improvement district, orcommunity improvement district, shall be excluded from the calculation ofrevenues available to such districts, and no revenues from any sales taximposed under this section shall be used for the purposes of any suchdistrict unless approved by the regional economic development districtboard established under the regional economic development district law andthe governing body of the city or county imposing the tax.
12. The board of the district shall make a report at least annuallyon the use of the funds provided under this section and on the progress ofany plan, project, or area designation adopted under this section and shallmake such report available to the public and the governing body of the cityor county imposing the tax.
13. (1) No city or county imposing a sales tax under this sectionmay repeal or amend such sales tax unless such repeal or amendment will notimpair the district's ability to repay any liabilities which it hasincurred, money which it has borrowed, or revenue bonds, notes, or otherobligations which it has issued to finance any project or projects.
(2) Whenever the governing body of any city or county in which aregional economic development district sales tax has been imposed in themanner provided by this section receives a petition, signed by ten percentof the qualified voters of such city or county calling for an election torepeal such regional economic development district sales tax, the governingbody shall, if such repeal will not impair the district's ability to repayany liabilities which it has incurred, money which it has borrowed, orrevenue bonds, notes, or other obligations which it has issued to financeany project or projects, submit to the voters of such city or county aproposal to repeal the regional economic development district sales taximposed under this section. If a majority of the votes cast on theproposal by the qualified voters voting thereon are in favor of theproposal to repeal the regional economic development district sales tax,then the resolution imposing the regional economic development districtsales tax, along with any amendments thereto, is repealed. If a majorityof the votes cast by the qualified voters voting thereon are opposed to theproposal to repeal the regional economic development district sales tax,then the resolution imposing the regional economic development districtsales tax, along with any amendments thereto, shall remain in effect.
14. If any provision of the regional economic development districtlaw or the application thereof to any person or circumstance is heldinvalid, the invalidity shall not affect other provisions or application ofthe regional economic development district law which can be given effectwithout the invalid provision or application, and to this end theprovisions of the regional economic development district law are declaredseverable.
Sales tax authorized, ballot language--deposit of tax revenue, use ofmoneys--abolishment of tax, effect of--annual report,contents--severability clause.
251.615. 1. Any city or county that has agreed to form a regionaleconomic development district created under the regional economicdevelopment district law which consists of all of one or more entirecounties, all of one or more entire cities, or all of one or more entirecounties and one or more entire cities which are totally outside theboundaries of those counties may impose, by resolution of the governingbody of the city or county, a sales tax on all retail sales made in thecity or county which are subject to sales tax under chapter 144, RSMo, forthe benefit of the regional economic development district. The sales taxmay be imposed at a rate of one-eighth of one percent, one-fourth of onepercent, three-eighths of one percent or one-half of one percent on thereceipts from the sale at retail of all tangible personal property ortaxable services at retail within any such city or county adopting suchtax, if such property and services are subject to taxation by the state ofMissouri under the provisions of sections 144.010 to 144.525, RSMo. Theresolution imposing the tax shall not become effective unless the governingbody of the city or county submits to the voters of the city or county atany citywide, county, or state general, primary, or special election aproposal to authorize the city or county to impose a tax under thissection. The tax authorized in this section shall be in addition to allother sales taxes imposed by law and shall be stated separately from allother charges and taxes.
2. The ballot of submission for the tax authorized in this sectionshall be in substantially the following form:
Shall the city or county of .......... (insert city or county name)impose a sales tax at the rate of .......... (insert amount) for economicdevelopment purposes?
â ã YES â ã NO
If you are in favor of the question, place an "X" in the box opposite"YES". If you are opposed to the question, place an "X" in the boxopposite "NO".
If a majority of the votes cast on the proposal by the qualified votersvoting thereon are in favor of the proposal, then the resolution and anyamendments thereto shall be in effect. If a majority of the votes cast bythe qualified voters voting are opposed to the proposal, then the governingbody of the city or county shall have no power to impose the sales taxauthorized by this section unless and until the proposal is resubmittedunder this section and such proposal is approved by a majority of thequalified voters voting thereon.
3. All sales taxes collected by the director of revenue under thissection on behalf of any city or county for the benefit of a regionaleconomic development district, less one percent for cost of collectionwhich shall be deposited in the state's general revenue fund after paymentof premiums for surety bonds as provided in section 32.087, RSMo, shall bedeposited in a special trust fund, which is hereby created, to be known asthe "Regional Economic Development District Sales Tax Trust Fund".
4. The moneys in the regional economic development district sales taxtrust fund shall not be deemed to be state funds and shall not becommingled with any funds of the state. The director of revenue shall keepaccurate records of the amount of money in the trust fund which wascollected in each city or county imposing a sales tax under this section,and the records shall be open to the inspection of the board of thedistrict, the governing body of the city or county, and the public.
5. Not later than the tenth day of each month, the director ofrevenue shall distribute all moneys deposited in the trust fund during thepreceding month to the city or county which levied the tax. Such fundsshall be distributed to the treasurer of the governing body of the city orcounty which shall deposit all such funds for the benefit of the district.All expenditures of funds arising from the regional economic developmentdistrict sales tax trust fund shall be in accordance with the regionaleconomic development district law.
6. The director of revenue may authorize the state treasurer to makerefunds from the amounts in the trust fund and credited to any city orcounty for erroneous payments and overpayments made, and may redeemdishonored checks and drafts deposited to the credit of such city orcounty.
7. If any city or county abolishes the tax, the governing body of thecity or county shall notify the director of revenue of the action at leastninety days prior to the effective date of the repeal, and the director ofrevenue may order retention in the trust fund, for a period of one year, oftwo percent of the amount collected after receipt of such notice to coverpossible refunds or overpayment of the tax and to redeem dishonored checksand drafts deposited to the credit of such accounts. After one year haselapsed after the effective date of abolition of the tax in such district,the director of revenue shall remit the balance in the account to the cityor county and close the account of that city or county. The director ofrevenue shall notify each city or county of each instance of any amountrefunded or any check redeemed from receipts due the city or county.
8. Except as modified in and by this section, all provisions ofsections 32.085 and 32.087, RSMo, shall apply to the tax imposed under thissection.
9. All revenue generated by the tax shall be deposited in a specialtrust fund and shall be used solely for the designated purposes. If thetax is repealed, all funds remaining in the special trust fund shallcontinue to be used solely for the designated purposes. Any funds in thespecial trust fund which are not needed for current expenditures may beinvested by the city or county in accordance with applicable laws relatingto the investment of other city or county funds.
10. The board shall consider regional economic development plans,regional economic development projects, or designations of a regionaleconomic development district and shall hold public hearings and providenotice of any such hearings. The board shall vote on all proposed regionaleconomic development plans, regional economic development projects, ordesignations of a regional economic development district, and amendmentsthereto, within thirty days following completion of the hearing on any suchplan, project, or designation, and shall make the final determination onuse and expenditure of any funds received from the tax imposed under thissection.
11. Notwithstanding any other provision of law to the contrary, theregional economic development district sales tax imposed under this sectionwhen imposed within a special taxing district, including but not limited toa tax increment financing district, neighborhood improvement district, orcommunity improvement district, shall be excluded from the calculation ofrevenues available to such districts, and no revenues from any sales taximposed under this section shall be used for the purposes of any suchdistrict unless approved by the regional economic development districtboard established under the regional economic development district law andthe governing body of the city or county imposing the tax.
12. The board of the district shall make a report at least annuallyon the use of the funds provided under this section and on the progress ofany plan, project, or area designation adopted under this section and shallmake such report available to the public and the governing body of the cityor county imposing the tax.
13. (1) No city or county imposing a sales tax under this sectionmay repeal or amend such sales tax unless such repeal or amendment will notimpair the district's ability to repay any liabilities which it hasincurred, money which it has borrowed, or revenue bonds, notes, or otherobligations which it has issued to finance any project or projects.
(2) Whenever the governing body of any city or county in which aregional economic development district sales tax has been imposed in themanner provided by this section receives a petition, signed by ten percentof the qualified voters of such city or county calling for an election torepeal such regional economic development district sales tax, the governingbody shall, if such repeal will not impair the district's ability to repayany liabilities which it has incurred, money which it has borrowed, orrevenue bonds, notes, or other obligations which it has issued to financeany project or projects, submit to the voters of such city or county aproposal to repeal the regional economic development district sales taximposed under this section. If a majority of the votes cast on theproposal by the qualified voters voting thereon are in favor of theproposal to repeal the regional economic development district sales tax,then the resolution imposing the regional economic development districtsales tax, along with any amendments thereto, is repealed. If a majorityof the votes cast by the qualified voters voting thereon are opposed to theproposal to repeal the regional economic development district sales tax,then the resolution imposing the regional economic development districtsales tax, along with any amendments thereto, shall remain in effect.
14. If any provision of the regional economic development districtlaw or the application thereof to any person or circumstance is heldinvalid, the invalidity shall not affect other provisions or application ofthe regional economic development district law which can be given effectwithout the invalid provision or application, and to this end theprovisions of the regional economic development district law are declaredseverable.
