SECOND REGULAR SESSION

SENATE BILL NO. 848

89TH GENERAL ASSEMBLY


INTRODUCED BY SENATOR MUELLER.

Read 1st time January 29, 1998, and 1,000 copies ordered printed.

TERRY L. SPIELER, Secretary.

S3606.01I


AN ACT

To repeal section 644.032, RSMo Supp. 1997, relating to local parks, and to enact in lieu thereof one new section relating to the same subject.


Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A.  Section 644.032, RSMo Supp. 1997, is repealed and one new section enacted in lieu thereof, to be known as section 644.032, to read as follows:

644.032.  1.  The governing body of any municipality or county may impose, by ordinance or order, a sales tax in an amount not to exceed one-half of one percent on all retail sales made in such municipality or county which are subject to taxation under the provisions of sections 144.010 to 144.525, RSMo.  The tax authorized by this section and section 644.033 shall be in addition to any and all other sales taxes allowed by law, except that no ordinance or order imposing a sales tax under the provisions of this section and section 644.033 shall be effective unless the governing body of the municipality or county submits to the voters of the municipality or county, at a municipal, county or state general, primary or special election, a proposal to authorize the governing body of the municipality or county to impose a tax.

2.  The ballot of submission shall contain, but need not be limited to, the following language:

Shall the municipality (county)  of . . . . . . .  impose a sales tax of . . . . . . (insert amount) for the purpose of providing funding for . . . . . . . (insert either storm water control, or local parks, or storm water control and local parks) for the municipality (county)?

YES NO

If a majority of the votes cast on the proposal by the qualified voters voting thereon are in favor of the proposal, then the ordinance or order and any amendments thereto shall be in effect on the first day of the second quarter after the director of revenue receives notice of adoption of the tax.  If a majority of the votes cast by the qualified voters voting are opposed to the proposal, then the governing body of the municipality or county shall not impose the sales tax authorized in this section and section 644.033 until the governing body of the municipality or county resubmits another proposal to authorize the governing body of the municipality or county to impose the sales tax authorized by this section and section 644.033 and such proposal is approved by a majority of the qualified voters voting thereon; however, in no event shall a proposal pursuant to this section and section 644.033 be submitted to the voters sooner than twelve months from the date of the last proposal pursuant to this section and section 644.033.

3.  All revenue received by a municipality or county from the tax authorized under the provisions of this section and section 644.033 shall be deposited in a special trust fund and shall be used to provide funding for storm water control or for local parks, or both, within such municipality or county, provided that such revenue may be used for local parks outside such municipality or county if the municipality or county is engaged in a cooperative agreement pursuant to section 70.220, RSMo.

4.  Any funds in such special trust fund which are not needed for current expenditures may be invested by the governing body in accordance with applicable laws relating to the investment of other municipal or county funds.


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