HCS/SB 332 - This act modifies provisions relating to taxation. 30-DAY COMMENT PERIOD - Sec. 67.1431 & 99.825
This act requires a 30-day comment period before a municipality may pass an ordinance establishing a Tax Increment Financing (TIF) redevelopment project or Community Improvement District (CID). In addition, the municipality pursuing a TIF project or CID must also post information regarding the proposed project or plan, public hearings, and certain disclaimers on a public website.
These provisions are identical to HCS/HB 1090 (2017).
ST. FRANCOIS COUNTY - Sec. 137.556
This act corrects the description of St. Francois County in a provision of law concerning expenditures of the county's special road and bridge tax moneys.
This provision is identical to SB 146 (2017) and SCS/HB 87 (2017).
TAXES PAID BY POSTAL MAIL - Sec. 139.100
This act provides that the collector of certain taxes paid by postal mail may use his or her judgment regarding the timeliness of the payment, if the postmark on the mailed payment is absent, illegible, or otherwise inconclusive.
This provision is identical to HCS/HB 703 (2017) and substantially similar to a provision of HCS/SCS/SB 112 (2017).
MOTOR VEHICLE SALES TAX ALLOWANCE - Sec. 144.011 & 144.025
This act provides for a sales tax allowance for the purchase of a motor vehicle, trailer, boat, or outboard motor if the purchaser sold any number of motor vehicles, trailers, boats, or outboard motors within the previous 180 days
This act also exempts nonprofit organizations exempt from taxation under Section 501(c)(7) of the Internal Revenue Code of 1986 from sales and use taxes on charges for initiation fees or dues.
These provisions are identical to SCS/SB 80 (2017) and SCS/HB 245 (2017) and are similar to HB 276 (2017), HB 328 (2017), and HB 833 (2017).
SALES AND USE TAX EXEMPTIONS - Sec. 144.026
This act affirms the construction and application of existing law as expressed by the Missouri Supreme Court in Bridge Data Co. v. Director of Revenue, 794 S.W.2d 204 (Mo. banc 1990), DST Systems, Inc. v. Director of Revenue, 43 S.W.3d 799 (Mo. banc 2001), Southwestern Bell Tel. Co. v. Director of Revenue, 78 S.W.3d 763 (Mo. banc 2002), and Southwestern Bell Tel. Co. v. Director of Revenue, 182 S.W.3d 226 (Mo. banc 2005) regarding certain sales tax exemptions, as described in the act.
This provision is identical to a provision of HCS/SB 18 (2017) and a provision of HCS/SB 332 (2017), and is similar to provisions of SB 247 (2017), SB 325 (2017), and HB 938 (2017).
REAL PROPERTY OWNED BY LIMITED LIABILITY COMPANIES - Sec. 347.048
Currently, limited liability companies leasing real property to others or owning unoccupied real property in Kansas City are required to file an affidavit with the city clerk listing the manager of the property. This act requires the affidavit to name a natural person with control of the property and his or her street address.
If the person who manages the property changes, the LLC must file a new affidavit listing a successor manager within 30 days. No LLC may be charged a fee for filing a required affidavit. If an LLC required to file an affidavit fails to file an affidavit, any person adversely affected or the city may petition the court to direct the filing of an affidavit.
This provision is identical to a provision of HCS/SB 326 (2017) and a provision of HCS/SCS/SB 112 (2017), similar to HB 493 (2017) and SB 365 (2017), substantially similar to SB 286 (2017), similar to a provision of CCS/HCS/SB 111 (2017), and similar to SB 693 (2016), HB 1708 (2016), SCS/SB 335 (2015), the perfected version of HCS/HB 864 (2015), and a provision of HCS/HB 1154 (2015).
FILING FALSE DOCUMENTS - Sec. 400.9-501 & 570.095
This act creates the offense of filing false documents. For the first offense, filing a false document is a Class D felony, but can be a Class C felony in certain specified instances. Any person who is found guilty of committing such offense shall be ordered to make full restitution to any person or entity that has sustained any actual losses as a result of the commission of such offense.
The act specifies that a system shall be created, by January 1, 2018, in which suspicious filings are logged, and outlines the process for petitioning a court when a person has probable cause to believe a filing is fraudulent.
If a filing or record is deemed invalid, the prevailing party shall be awarded all reasonable costs and fees incurred by that party in the action.
These provisions are identical to provisions of HCS/SB 332 (2017) and similar to HCS/HB 303 (2017), provisions of SCS/HCB 1 (2017), provisions of CCS/SCS#2/SB 128 (2017), and HB 1858 (2016).
JOHN GRANA