94.413. Sales tax for storm water control and public works projects authorized, cities with population of more than 100,000--disposition of funds, duties of director of revenue--city storm water and p - Missouri Statutes

Sales tax for storm water control and public works projectsauthorized, cities with population of more than 100,000--dispositionof funds, duties of director of revenue--city storm water and publicworks sales tax trust fund created--distribution of funds, procedure.

94.413. 1. Any city with a population of more than onehundred thousand inhabitants located in a county of the firstclassification which does not adjoin any other county of thefirst classification may, if the county in which such city islocated does not levy the tax prescribed in section 67.729, RSMo,in the same manner and by the same procedure and subject to thesame penalties as set out in section 94.577, except as otherwiseprovided in this section, impose a sales tax of not more thanone-tenth of one percent for the purpose of funding storm watercontrol and public works projects other than stadiums or othersports facilities. This sales tax shall be in addition to anyother sales tax authorized by law.

2. Notwithstanding the provisions of section 94.577, as tothe disposition of any other sales tax imposed under theprovisions of section 94.577, all sales taxes collected by thedirector of revenue from the tax authorized by this section onbehalf of any city, less one percent for cost of collection,which shall be deposited in the state's general revenue fundafter payment of premiums for surety bonds as provided in section32.087, RSMo, shall be deposited with the state treasurer in aspecial trust fund, which is hereby created, to be known as the"City Storm Water and Public Works Sales Tax Trust Fund". Themoneys in the city storm water and public works sales tax trustfund shall not be deemed to be state funds and shall not becommingled with any funds of the state. The director of revenueshall keep accurate records of the amount of money in the trustfund which was collected in each city imposing a sales tax underthis section and the records shall be open to the inspection ofofficers of the city and the public. Not later than the tenthday of each month the director of revenue shall distribute allmoneys deposited in the city storm water and public works salestax trust fund during the preceding month to the city whichlevied the tax.

3. The director of revenue may authorize the statetreasurer to make refunds from the amounts in the city stormwater and public works sales tax trust fund and credited to anycity for erroneous payments and overpayments made, and may redeemdishonored checks and drafts deposited to the credit of suchcities. If any city abolishes the tax, the city shall notify thedirector of revenue of the action at least ninety days prior tothe effective date of the repeal and the director of revenue mayorder retention in the city storm water and public works salestax trust fund, for a period of one year, of two percent of theamount collected after receipt of such notice to cover possiblerefunds or overpayment of the tax and to redeem dishonored checksand drafts deposited to the credit of such accounts. After oneyear has elapsed after the effective date of abolition of the taxin such city, the director of revenue shall authorize the statetreasurer to remit the balance in the account to the city andclose the account of that city. The director of revenue shallnotify each city of each instance of any amount refunded or anycheck redeemed from receipts due the city.

(L. 1993 S.B. 219 § 1)