State Codes and Statutes

Statutes > Missouri > T21 > C321 > 321_554

Adjustment in total operating levy of district based on sales taxrevenue, exceptions--general reassessment, effect of.

321.554. 1. Except in any county of the first classification withmore than two hundred forty thousand three hundred but less than twohundred forty thousand four hundred inhabitants, or any county of the firstclassification with more than seventy-three thousand seven hundred but lessthan seventy-three thousand eight hundred inhabitants, or any county of thefirst classification with more than one hundred eighty-four thousand butless than one hundred eighty-eight thousand inhabitants, or any county witha charter form of government and with more than one million inhabitants, orany county with a charter form of government and with more than two hundredfifty thousand but less than three hundred fifty thousand inhabitants, whenthe revenue from the ambulance or fire protection district sales tax iscollected for distribution pursuant to section 321.552, the board of theambulance or fire protection district, after determining its budget for theyear pursuant to section 67.010, RSMo, and the rate of levy needed toproduce the required revenue and after making any other adjustments to thelevy that may be required by any other law, shall reduce the totaloperating levy of the district in an amount sufficient to decrease therevenue it would have received therefrom by an amount equal to fiftypercent of the previous fiscal year's sales tax receipts. Loss of revenuedue to a decrease in the assessed valuation of real property located withinthe ambulance or fire protection district as a result of generalreassessment and from state-assessed railroad and utility distributableproperty based upon the previous fiscal year's receipts shall be consideredin lowering the rate of levy to comply with this section in the year ofgeneral reassessment and in each subsequent year. In the event that in theimmediately preceding year the ambulance or fire protection districtactually received more or less sales tax revenue than estimated, theambulance or fire protection district board may adjust its operating levyfor the current year to reflect such increase or decrease. The director ofrevenue shall certify the amount payable from the ambulance or fireprotection district sales tax trust fund to the general revenue fund to thestate treasurer.

2. Except that, in the first year in which any sales tax is collectedpursuant to section 321.552, any taxing authority subject to this sectionshall not reduce the tax rate as defined in section 137.073, RSMo.

3. In a year of general reassessment, as defined by section 137.073,RSMo, or assessment maintenance as defined by section 137.115, RSMo, inwhich an ambulance or fire protection district in reliance upon theinformation then available to it relating to the total assessed valuationof such ambulance or fire protection district revises its property tax levypursuant to section 137.073 or 137.115, RSMo, and it is subsequentlydetermined by decisions of the state tax commission or a court pursuant tosections 138.430 to 138.433, RSMo, or due to clerical errors or correctionsin the calculation or recordation of assessed valuations that the assessedvaluation of such ambulance or fire protection district has been changed,and but for such change the ambulance or fire protection district wouldhave adopted a different levy on the date of its original action, then theambulance or fire protection district may adjust its levy to an amount toreflect such change in assessed valuation, including, if necessary, achange in the levy reduction required by this section to the amount itwould have levied had the correct assessed valuation been known to it onthe date of its original action, provided:

(1) The ambulance or fire protection district first levies themaximum levy allowed without a vote of the people by article X, section11(b) of the constitution; and

(2) The ambulance or fire protection district first adopts the taxrate ceiling otherwise authorized by other laws of this state; and

(3) The levy adjustment or reduction may include a one-timecorrection to recoup lost revenues the ambulance or fire protectiondistrict was entitled to receive during the prior year.

(L. 2002 S.B. 1107, A.L. 2004 H.B. 795, et al., A.L. 2006 S.B. 893)

State Codes and Statutes

Statutes > Missouri > T21 > C321 > 321_554

Adjustment in total operating levy of district based on sales taxrevenue, exceptions--general reassessment, effect of.

321.554. 1. Except in any county of the first classification withmore than two hundred forty thousand three hundred but less than twohundred forty thousand four hundred inhabitants, or any county of the firstclassification with more than seventy-three thousand seven hundred but lessthan seventy-three thousand eight hundred inhabitants, or any county of thefirst classification with more than one hundred eighty-four thousand butless than one hundred eighty-eight thousand inhabitants, or any county witha charter form of government and with more than one million inhabitants, orany county with a charter form of government and with more than two hundredfifty thousand but less than three hundred fifty thousand inhabitants, whenthe revenue from the ambulance or fire protection district sales tax iscollected for distribution pursuant to section 321.552, the board of theambulance or fire protection district, after determining its budget for theyear pursuant to section 67.010, RSMo, and the rate of levy needed toproduce the required revenue and after making any other adjustments to thelevy that may be required by any other law, shall reduce the totaloperating levy of the district in an amount sufficient to decrease therevenue it would have received therefrom by an amount equal to fiftypercent of the previous fiscal year's sales tax receipts. Loss of revenuedue to a decrease in the assessed valuation of real property located withinthe ambulance or fire protection district as a result of generalreassessment and from state-assessed railroad and utility distributableproperty based upon the previous fiscal year's receipts shall be consideredin lowering the rate of levy to comply with this section in the year ofgeneral reassessment and in each subsequent year. In the event that in theimmediately preceding year the ambulance or fire protection districtactually received more or less sales tax revenue than estimated, theambulance or fire protection district board may adjust its operating levyfor the current year to reflect such increase or decrease. The director ofrevenue shall certify the amount payable from the ambulance or fireprotection district sales tax trust fund to the general revenue fund to thestate treasurer.

2. Except that, in the first year in which any sales tax is collectedpursuant to section 321.552, any taxing authority subject to this sectionshall not reduce the tax rate as defined in section 137.073, RSMo.

3. In a year of general reassessment, as defined by section 137.073,RSMo, or assessment maintenance as defined by section 137.115, RSMo, inwhich an ambulance or fire protection district in reliance upon theinformation then available to it relating to the total assessed valuationof such ambulance or fire protection district revises its property tax levypursuant to section 137.073 or 137.115, RSMo, and it is subsequentlydetermined by decisions of the state tax commission or a court pursuant tosections 138.430 to 138.433, RSMo, or due to clerical errors or correctionsin the calculation or recordation of assessed valuations that the assessedvaluation of such ambulance or fire protection district has been changed,and but for such change the ambulance or fire protection district wouldhave adopted a different levy on the date of its original action, then theambulance or fire protection district may adjust its levy to an amount toreflect such change in assessed valuation, including, if necessary, achange in the levy reduction required by this section to the amount itwould have levied had the correct assessed valuation been known to it onthe date of its original action, provided:

(1) The ambulance or fire protection district first levies themaximum levy allowed without a vote of the people by article X, section11(b) of the constitution; and

(2) The ambulance or fire protection district first adopts the taxrate ceiling otherwise authorized by other laws of this state; and

(3) The levy adjustment or reduction may include a one-timecorrection to recoup lost revenues the ambulance or fire protectiondistrict was entitled to receive during the prior year.

(L. 2002 S.B. 1107, A.L. 2004 H.B. 795, et al., A.L. 2006 S.B. 893)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T21 > C321 > 321_554

Adjustment in total operating levy of district based on sales taxrevenue, exceptions--general reassessment, effect of.

321.554. 1. Except in any county of the first classification withmore than two hundred forty thousand three hundred but less than twohundred forty thousand four hundred inhabitants, or any county of the firstclassification with more than seventy-three thousand seven hundred but lessthan seventy-three thousand eight hundred inhabitants, or any county of thefirst classification with more than one hundred eighty-four thousand butless than one hundred eighty-eight thousand inhabitants, or any county witha charter form of government and with more than one million inhabitants, orany county with a charter form of government and with more than two hundredfifty thousand but less than three hundred fifty thousand inhabitants, whenthe revenue from the ambulance or fire protection district sales tax iscollected for distribution pursuant to section 321.552, the board of theambulance or fire protection district, after determining its budget for theyear pursuant to section 67.010, RSMo, and the rate of levy needed toproduce the required revenue and after making any other adjustments to thelevy that may be required by any other law, shall reduce the totaloperating levy of the district in an amount sufficient to decrease therevenue it would have received therefrom by an amount equal to fiftypercent of the previous fiscal year's sales tax receipts. Loss of revenuedue to a decrease in the assessed valuation of real property located withinthe ambulance or fire protection district as a result of generalreassessment and from state-assessed railroad and utility distributableproperty based upon the previous fiscal year's receipts shall be consideredin lowering the rate of levy to comply with this section in the year ofgeneral reassessment and in each subsequent year. In the event that in theimmediately preceding year the ambulance or fire protection districtactually received more or less sales tax revenue than estimated, theambulance or fire protection district board may adjust its operating levyfor the current year to reflect such increase or decrease. The director ofrevenue shall certify the amount payable from the ambulance or fireprotection district sales tax trust fund to the general revenue fund to thestate treasurer.

2. Except that, in the first year in which any sales tax is collectedpursuant to section 321.552, any taxing authority subject to this sectionshall not reduce the tax rate as defined in section 137.073, RSMo.

3. In a year of general reassessment, as defined by section 137.073,RSMo, or assessment maintenance as defined by section 137.115, RSMo, inwhich an ambulance or fire protection district in reliance upon theinformation then available to it relating to the total assessed valuationof such ambulance or fire protection district revises its property tax levypursuant to section 137.073 or 137.115, RSMo, and it is subsequentlydetermined by decisions of the state tax commission or a court pursuant tosections 138.430 to 138.433, RSMo, or due to clerical errors or correctionsin the calculation or recordation of assessed valuations that the assessedvaluation of such ambulance or fire protection district has been changed,and but for such change the ambulance or fire protection district wouldhave adopted a different levy on the date of its original action, then theambulance or fire protection district may adjust its levy to an amount toreflect such change in assessed valuation, including, if necessary, achange in the levy reduction required by this section to the amount itwould have levied had the correct assessed valuation been known to it onthe date of its original action, provided:

(1) The ambulance or fire protection district first levies themaximum levy allowed without a vote of the people by article X, section11(b) of the constitution; and

(2) The ambulance or fire protection district first adopts the taxrate ceiling otherwise authorized by other laws of this state; and

(3) The levy adjustment or reduction may include a one-timecorrection to recoup lost revenues the ambulance or fire protectiondistrict was entitled to receive during the prior year.

(L. 2002 S.B. 1107, A.L. 2004 H.B. 795, et al., A.L. 2006 S.B. 893)