0752S.13S an ACT Section A. Sections 32.310, 67.1401, 67.1421, 67.1451, 67.1461, 67.1471, 67.1481, 67.1545, 67.2677, 67.2689, 9
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0752S.13S CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE COMMITTEE SUBSTITUTE FOR SENATE SUBSTITUTE FOR SENATE COMMITTEE SUBSTITUTE FOR SENATE BILLS NOS. 153 & 97 AN ACT To repeal sections 32.310, 67.1401, 67.1421, 67.1451, 67.1461, 67.1471, 67.1481, 67.1545, 67.2677, 67.2689, 99.020, 99.320, 99.805, 99.810, 99.820, 99.843, 99.847, 99.848, 99.918, 99.1082, 100.310, 135.950, 137.115, 143.011, 143.121, 143.171, 144.011, 144.014, 144.020, 144.049, 144.054, 144.080, 144.140, 144.526, 144.605, 144.710, 144.757, 144.759, 144.1000, 144.1003, 144.1006, 144.1009, 144.1012, 144.1015, 262.900, 353.020, and 620.2005, RSMo, and to enact in lieu thereof forty-nine new sections relating to taxation, with penalty provisions, a delayed effective date for certain sections, and an emergency clause for certain sections. Be it enacted by the General Assembly of the State of Missouri, as follows: 1 Section A. Sections 32.310, 67.1401, 67.1421, 67.1451, 2 67.1461, 67.1471, 67.1481, 67.1545, 67.2677, 67.2689, 99.020, 3 99.320, 99.805, 99.810, 99.820, 99.843, 99.847, 99.848, 99.918, 4 99.1082, 100.310, 135.950, 137.115, 143.011, 143.121, 143.171, 5 144.011, 144.014, 144.020, 144.049, 144.054, 144.080, 144.140, 6 144.526, 144.605, 144.710, 144.757, 144.759, 144.1000, 7 144.1003, 144.1006, 144.1009, 144.1012, 144.1015, 262.900, 8 353.020, and 620.2005, RSMo, are repealed and forty-nine new 1 9 sections enacted in lieu thereof, to be known as sections 10 32.310, 67.1401, 67.1421, 67.1451, 67.1461, 67.1471, 67.1481, 11 67.1545, 67.2677, 67.2680, 67.2689, 67.2720, 99.020, 99.320, 12 99.805, 99.810, 99.820, 99.821, 99.843, 99.847, 99.848, 99.918, 13 99.1082, 100.310, 135.950, 137.115, 143.011, 143.121, 143.171, 14 143.177, 144.011, 144.014, 144.020, 144.049, 144.054, 144.080, 15 144.140, 144.526, 144.605, 144.608, 144.637, 144.638, 144.752, 16 144.757, 144.759, 262.900, 353.020, 620.2005, and 1, to read as 17 follows: 1 32.310. 1. The department of revenue shall create and 2 maintain a mapping feature on its official public website 3 that displays sales and use tax information of political 4 subdivisions of this state that have taxing authority, 5 including the current tax rate for each sales and use tax 6 imposed and collected. Such display shall have the option 7 to showcase the borders and jurisdiction of the following 8 political subdivisions on a map of the state to the extent 9 that such political subdivisions collect sales and use tax: 10 (1) Ambulance districts; 11 (2) Community improvement districts; 12 (3) Fire protection districts; 13 (4) Levee districts; 14 (5) Library districts; 15 (6) Neighborhood improvement districts; 16 (7) Port authority districts; 17 (8) Tax increment financing districts; 18 (9) Transportation development districts; 19 (10) School districts; or 20 (11) Any other political subdivision that imposes a 21 sales or use tax within its borders and jurisdiction. 22 2. The mapping feature shall also have the option to 23 superimpose state house of representative districts and 24 state senate districts over the political subdivisions. 2 25 3. A political subdivision collecting sales or use tax 26 listed in subsection 1 of this section shall provide to the 27 department of revenue mapping and geographic data pertaining 28 to the political subdivision's borders and jurisdictions. 29 The political subdivision shall certify the accuracy of the 30 data by affidavit and shall provide the data in a format 31 specified by the department of revenue. Such data relating 32 to sales taxes shall be sent to the department of revenue by 33 April 1, 2019, and shall be updated and sent to the 34 department if a change in the political subdivision's 35 borders or jurisdiction occurs thereafter. Such data 36 relating to use taxes shall be sent to the department of 37 revenue by January 1, 2022. If a political subdivision 38 fails to provide the information required under this 39 subsection, the department of revenue shall use the last 40 known sales or use tax rate for such political subdivision. 41 4. The department of revenue may contract with another 42 entity to build and maintain the mapping feature. 43 5. By July 1, 2019, the department shall implement the 44 mapping feature using the sales tax data provided to it 45 under subsection 3 of this section. By July 1, 2022, the 46 department shall implement the mapping feature using use tax 47 data provided to it under subsection 3 of this section. 48 6. By July 1, 2022, the department shall update the 49 mapping feature to include the total sales tax rate for 50 combined rates of overlapping sales taxes levied and the 51 total use tax rate for combined rates of overlapping use 52 taxes levied. 53 7. If the boundaries of a political subdivision listed 54 in subsection 1 of this section in which a sales or use tax 55 has been imposed shall thereafter be changed or altered, the 56 political subdivision shall forward to the director of 57 revenue by United States registered mail or certified mail a 3 58 certified copy of the ordinance adding or detaching 59 territory from the political subdivision within ten days of 60 adoption of the ordinance. The ordinance shall reflect the 61 effective date of the ordinance and shall be accompanied by 62 a map in a form to be determined by the director of 63 revenue. Upon receipt of the ordinance and map, the tax 64 imposed under the local sales tax law shall be effective in 65 the added territory or abolished in the detached territory 66 on the first day of a calendar quarter after one hundred 67 twenty days' notice to sellers. 1 67.1401. 1. Sections 67.1401 to 67.1571 shall be 2 known and may be cited as the "Community Improvement 3 District Act". 4 2. For the purposes of sections 67.1401 to 67.1571, 5 the following words and terms mean: 6 (1) "Approval" or "approve", for purposes of elections 7 pursuant to sections 67.1401 to 67.1571, a simple majority 8 of those qualified voters voting in the election; 9 (2) "Assessed value", the assessed value of real 10 property as reflected on the tax records of the county clerk 11 of the county in which the property is located, or the 12 collector of revenue if the property is located in a city 13 not within a county, as of the last completed assessment; 14 (3) "Blighted area", [an area which: 15 (a) By reason of the predominance of defective or 16 inadequate street layout, insanitary or unsafe conditions, 17 deterioration of site improvements, improper subdivision or 18 obsolete platting, or the existence of conditions which 19 endanger life or property by fire and other causes, or any 20 combination of such factors, retards the provision of 21 housing accommodations or constitutes an economic or social 22 liability or a menace to the public health, safety, morals 23 or welfare in its present condition and use; or 4 24 (b) Has been declared blighted or found to be a 25 blighted area pursuant to Missouri law including, but not 26 limited to, chapter 353, sections 99.800 to 99.865, or 27 sections 99.300 to 99.715] the same meaning as defined 28 pursuant to section 99.805; 29 (4) "Board", if the district is a political 30 subdivision, the board of directors of the district, or if 31 the district is a not-for-profit corporation, the board of 32 directors of such corporation; 33 (5) "Director of revenue", the director of the 34 department of revenue of the state of Missouri; 35 (6) "District", a community improvement district, 36 established pursuant to sections 67.1401 to 67.1571; 37 (7) "Election authority", the election authority 38 having jurisdiction over the area in which the boundaries of 39 the district are located pursuant to chapter 115; 40 (8) "Municipal clerk", the clerk of the municipality; 41 (9) "Municipality", any city, village, incorporated 42 town, or county of this state, or in any unincorporated area 43 that is located in any county with a charter form of 44 government and with more than one million inhabitants; 45 (10) "Obligations", bonds, loans, debentures, notes, 46 special certificates, or other evidences of indebtedness 47 issued by a district to carry out any of its powers, duties 48 or purposes or to refund outstanding obligations; 49 (11) "Owner", for real property, the individual or 50 individuals or entity or entities who own a fee interest in 51 real property that is located within the district or their 52 legally authorized representative; for business 53 organizations and other entities, the owner shall be deemed 54 to be the individual which is legally authorized to 55 represent the entity in regard to the district; 5 56 (12) "Per capita", one head count applied to each 57 individual, entity or group of individuals or entities 58 having fee ownership of real property within the district 59 whether such individual, entity or group owns one or more 60 parcels of real property in the district as joint tenants, 61 tenants in common, tenants by the entirety, tenants in 62 partnership, except that with respect to a condominium 63 created under sections 448.1-101 to 448.4-120, "per capita" 64 means one head count applied to the applicable unit owners' 65 association and not to each unit owner; 66 (13) "Petition", a petition to establish a district as 67 it may be amended in accordance with the requirements of 68 section 67.1421; 69 (14) "Qualified voters", 70 (a) For purposes of elections for approval of real 71 property taxes: 72 a.