94.578. Sales tax authorized in certain cities (Springfield), rate, use of funds, bonds authorized--ballot, effective date--administration, deposit of revenue--use of funds upon abolishment--repeal.

MISSOURI STATUTES AND CODES

94.578. Sales tax authorized in certain cities (Springfield), rate, use of funds, bonds authorized--ballot, effective date--administration, deposit of revenue--use of funds upon abolishment--repeal.

Sales tax authorized in certain cities (Springfield), rate, use offunds, bonds authorized--ballot, effective date--administration,deposit of revenue--use of funds upon abolishment--repeal.

94.578. 1. In addition to the sales tax authorized in section 94.577,the governing body of any home rule city with more than one hundred fifty-onethousand five hundred but less than one hundred fifty-one thousand six hundredinhabitants is hereby authorized to impose, by order or ordinance, a sales taxon all retail sales made within the city which are subject to sales tax underchapter 144, RSMo. The tax authorized in this section may be imposed at arate of one-eighth, one-fourth, three-eighths, or one-half of one percent, butshall not exceed one-half of one percent, shall not be imposed for longer thanthree years, and shall be imposed solely for the purpose of funding theconstruction, operation, and maintenance of capital improvements in the city'scenter city. The governing body may issue bonds for the funding of suchcapital improvements, which will be retired by the revenues received from thesales tax authorized by this section. The order or ordinance shall not becomeeffective unless the governing body of the city submits to the voters residingwithin the city at a state or municipal general, primary, or special electiona proposal to authorize the governing body of the city to impose a tax underthis section. The tax authorized in this section shall be in addition to allother sales taxes imposed by law, and shall be stated separately from allother charges and taxes.

2. The ballot submission for the tax authorized in this section shall bein substantially the following form:

Shall .................................... (insert the name of the city)impose a sales tax at a rate of .............(insert rate of percent) percentfor a capital improvements purposes in the city's center city for a period of............. (insert number of years, not to exceed three) years?

â ã YES â ã NO

If a majority of the votes cast on the question by the qualified voters votingthereon are in favor of the question, then the tax shall become effective onthe first day of the second calendar quarter after the director of revenuereceives notice of the adoption of the sales tax. If a majority of the votescast on the question by the qualified voters voting thereon are opposed to thequestion, then the tax shall not become effective unless and until thequestion is resubmitted under this section to the qualified voters and suchquestion is approved by a majority of the qualified voters voting on thequestion. In no case shall a tax be resubmitted to the qualified voters ofthe city sooner than twelve months from the date of the proposal under thissection.

3. Any sales tax imposed under this section shall be administered,collected, enforced, and operated as required in section 32.087, RSMo. Allrevenue generated by the tax shall be deposited in a special trust fund andshall be used solely for the designated purposes. If the tax is repealed, allfunds remaining in the special trust fund shall continue to be used solely forthe designated purposes. Any funds in the special trust fund which are notneeded for current expenditures shall be invested in the same manner as otherfunds are invested. Any interest and moneys earned on such investments shallbe credited to the fund.

4. The director of revenue may authorize the state treasurer to makerefunds from the amounts in the trust fund and credited to any city forerroneous payments and overpayments made, and may redeem dishonored checks anddrafts deposited to the credit of such cities. If any city abolishes the tax,the city shall notify the director of revenue of the action at least ninetydays before the effective date of the repeal, and the director of revenue mayorder retention in the trust fund, for a period of one year, of two percent ofthe amount collected after receipt of such notice to cover possible refunds oroverpayment of the tax and to redeem dishonored checks and drafts deposited tothe credit of such accounts. After one year has elapsed after the effectivedate of abolition of the tax in such city, the director of revenue shall remitthe balance in the account to the city and close the account of that city.The director of revenue shall notify each city of each instance of any amountrefunded.

5. The governing body of any city that has adopted the sales taxauthorized in this section may submit the question of repeal of the tax to thevoters on any date available for elections for the city. The ballot ofsubmission shall be in substantially the following form:

Shall ................................... (insert the name of the city)repeal the sales tax imposed at a rate of .......... (insert rate of percent)percent for capital improvements purposes in the city's center city?

â ã YES â ã NO

If a majority of the votes cast on the proposal are in favor of repeal, thatrepeal shall become effective on December thirty-first of the calendar year inwhich such repeal was approved. If a majority of the votes cast on thequestion by the qualified voters voting thereon are opposed to the repeal,then the sales tax authorized in this section shall remain effective until thequestion is resubmitted under this section to the qualified voters, and therepeal is approved by a majority of the qualified voters voting on thequestion.

6. Whenever the governing body of any city that has adopted the salestax authorized in this section receives a petition, signed by ten percent ofthe registered voters of the city voting in the last gubernatorial election,calling for an election to repeal the sales tax imposed under this section,the governing body shall submit to the voters of the city a proposal to repealthe tax. If a majority of the votes cast on the question by the qualifiedvoters voting thereon are in favor of the repeal, that repeal shall becomeeffective on December thirty-first of the calendar year in which such repealwas approved. If a majority of the votes cast on the question by thequalified voters voting thereon are opposed to the repeal, then the tax shallremain effective until the question is resubmitted under this section to thequalified voters and the repeal is approved by a majority of the qualifiedvoters voting on the question.