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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter : Chapter 66 Constitutional Charter Counties, Miscellaneous Provisions
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1. All prosecutions for the violation of such a county ordinance
shall be titled: "The county of ..... against ....." (naming the county
and the person or persons charged).
2. The complaint when made by a peace officer against any person arrested
without process and in custody shall be reduced to writing and sworn to
by such officer and an information filed with the court as provided in
section 66.030 before such person shall be put upon his trial.
3. In no case shall a judgment of conviction be rendered except when
sufficient legal testimony is given on a public trial or upon a plea of
guilty. (L. 1951 p. 397 § 2, A.L. 1978 H.B. 1634)
Effective 1-2-79
All informations involving violation of county ordinances shall
be made by the county counselor, or his assistants, on their oath of
office and shall be filed with the court as soon as practicable, and
before the party accused shall be put upon his trial or required to
answer the charge for which he may be held in custody; provided, that
complaints subscribed and sworn to by any other person competent to
testify against the accused shall be filed and proceeded upon in the same
manner as complaints alleging the commission of a misdemeanor. (L. 1951
p. 397 § 3, A.L. 1978 H.B. 1634)
Effective 1-2-79
All warrants issued by the court shall be directed to the sheriff
or peace officer of the county and executed by them at any place within
the county, and not elsewhere, unless said warrants are endorsed in the
manner provided for warrants in criminal cases, and when so endorsed
shall be served in other counties as provided for warrants in criminal
cases. (L. 1951 p. 397 § 4, A.L. 1978 H.B. 1634)
Effective 1-2-79
When any person shall be arrested, charged with a violation of a
county ordinance, and brought before the court, it shall be the duty of
the court to hear and determine forthwith the complaint alleged against
the defendant, unless for good cause the trial is postponed to a time
certain, in which case the defendant shall be required to enter into a
recognizance, with sufficient security, conditioned that he will appear
before said court at the time and place appointed, then and there to
answer the complaint made against him; and if he fails or refuses to
enter into such recognizance, the defendant shall be committed to the
county jail and held to answer the complaint as aforesaid. (L. 1951 p.
397 § 5, A.L. 1978 H.B. 1634)
Effective 1-2-79
1. In case of a breach of any recognizance entered into as
provided herein, the recognizance shall be deemed forfeited and the court
shall cause it to be prosecuted against the principal and surety or
against either of them alone. Such action shall be in the name of the
county as plaintiff, and all moneys recovered in any such action shall be
paid over to the county treasurer to the credit of the general revenue
fund of the county.
2. Judgments rendered under this section shall be tried with a record
being made and may be appealed in like manner and within the same time as
provided with respect to judgments in misdemeanor cases. (L. 1951 p. 397
§ 6, A.L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al.)
Effective 1-1-87
Complaints filed alleging violation of a county ordinance may
include any number of persons charged with the same offense, and no
proceedings shall be dismissed or defendant discharged by reason of any
informality or irregularity in any complaint; but such complaint may, by
leave of the court, at any time before or during the trial prior to the
retirement of the jury or the findings of the judge, be amended without
prejudice to the proceedings. (L. 1951 p. 397 § 7, A.L. 1978 H.B. 1634)
Effective 1-2-79
1. If the defendant pleads or is found guilty of a violation of a
county ordinance, the judge shall declare and assess the punishment
prescribed by ordinance according to his finding or verdict of the jury
and render judgment accordingly and for costs, except that the punishment
so assessed shall not exceed a fine of more than one thousand dollars or
imprisonment in the county jail for more than one year or both such fine
and imprisonment.
2. It shall be a part of such judgment that the defendant stand committed
until such judgment is complied with. (L. 1951 p. 397 § 8, A.L. 1978 H.B.
1634)
Effective 1-2-79
In the event a complaint is made by a person other than the
county counselor or a peace officer, the court may require the
complainant to give security for the costs in such action. (L. 1951 p.
397 § 9, A.L. 1978 H.B. 1634)
Effective 1-2-79
All fines paid in prosecutions involving the violation of a
county ordinance shall be recorded in a separate docket of fines, and the
officer collecting such fines shall turn them over to the county
treasurer to be credited as provided by ordinance; and all costs shall be
assessed, charged and paid as in other misdemeanor cases in circuit
courts. (L. 1951 p. 397 § 10, A.L. 1978 H.B. 1634)
Effective 1-2-79
In each proceeding had in circuit court involving a violation of
a county ordinance the same fees and costs shall be allowed and collected
as in other misdemeanor cases. All such fees and costs charged and
collected shall be paid over by the responsible clerk in the manner
provided by sections 488.010 to 488.020*, RSMo. The county shall not be
required to pay fees pursuant to this section. (L. 1951 p. 397 § 10a,
A.L. 1978 H.B. 1634, A.L. 1996 S.B. 869)
Effective 7-1-97
*Original rolls contain "section 514.015" which was changed to effectuate
the court cost bill.
A change of venue and disqualification of judge shall be allowed
for the same reasons and proceeded upon in the same manner as in other
misdemeanor cases. (L. 1951 p. 397 § 11, A.L. 1978 H.B. 1634)
Effective 1-2-79
The sheriff or other law enforcement officials authorized by
county charter or ordinance of such county are charged with the
enforcement of all county ordinances. (L. 1951 p. 397 § 12, A.L. 1978
H.B. 1634)
Effective 1-2-79
Unless in conflict with the provisions of this chapter, all
provisions of law relating to proceedings before associate circuit judges
in circuit courts in misdemeanors shall apply to actions before such
courts involving the violation of county ordinances; except that a
judgment establishing that an individual has violated a county ordinance
shall not be deemed to be a conviction for a misdemeanor within the
meaning of section 556.040*, RSMo. Such cases involving the violation of
county ordinances shall be heard before associate circuit judges in the
same manner as other misdemeanor cases unless such cases are assigned to
a circuit judge for hearing. The same provisions relative to application
for trial de novo or appeal shall apply in county ordinance violation
cases as in other misdemeanor cases. (L. 1951 p. 397 § 13, A.L. 1978 H.B.
1634)
Effective 1-2-79
*Section 556.040 repealed by S.B. 60, 1977. Reference apparently should
be to § 556.016, effective 1-1-79.
The official responsible for law enforcement in any municipality
in a first class county having a charter form of government shall cause
an exact copy of all the police records of the municipality pertaining to
all violations constituting felonies or misdemeanors punishable by a jail
sentence except traffic violations which arose after January 1, 1960, to
be delivered to the official or agency responsible for law enforcement in
the unincorporated areas of the county within six months after October
13, 1963. After copies of all existing police records have been delivered
to the county officer or agency, exact copies of subsequent municipal
police records pertaining to such violations shall be transmitted to the
county authority immediately after the information is obtained by the
municipal police and all records of the county agency shall be available
to the municipal police. Final disposition of the violations shall be
transmitted to the county agency. (L. 1963 p. 122 § 1)
Any officer who willfully fails to perform any of the duties
imposed by section 66.200 shall be guilty of a misdemeanor. (L. 1963 p.
122 § 2)
The superintendent of the state highway patrol shall cause copies
of appropriate records of the patrol pertaining to the violations set out
in section 66.200 which occur in the county after October 13, 1963, to be
transmitted to the officer or agency responsible for law enforcement in
the unincorporated areas of any first class county having a charter form
of government, and the state highway patrol shall have access to all
records of the county. (L. 1963 p. 122 § 3)
All the records required to be transmitted by sections 66.200 and
66.220 shall be transmitted and kept on forms approved and supplied by
the county agency. (L. 1963 p. 122 § 4)
If the county agency, by contract or by any other means, forwards
police records to any other agency or record center not located in the
county, then the municipal police and state highway patrol shall forward
its police records which are required to be transmitted to the central
agency. The municipal police and state highway patrol shall have full
access to all information pertaining to all the records at the central
agency located out of the county. (L. 1963 p. 122 § 5)
The county council or other legislative authority of any first
class county having a population of over six hundred thousand inhabitants
is hereby authorized to impose a license tax whereby every public utility
engaged in the business of supplying or furnishing electricity,
electrical power, electrical service, gas, gas service, water, water
service, sewer service, telegraph service or exchange telephone service
in the part of the county outside incorporated cities shall pay to the
county, as a license or occupational tax, an amount not in excess of five
percent of the gross receipts derived from such business within the
unincorporated areas of the county. (L. 1967 1st Ex. Sess. p. 871 § 1,
A.L. 1991 S.B. 34)
The revenue received from the license tax on public utilities
shall be used for police and law enforcement purposes in the part of the
county outside incorporated cities. (L. 1967 1st Ex. Sess. p. 871 § 2)
1. The county council or other legislative authority of any first
class county having a population of over six hundred thousand inhabitants
may levy and collect license taxes from the owners of motor vehicles,
residing in that part of the county outside of incorporated cities, and
may require the display of license plates or stickers. The license tax,
including the cost of plates, sticker and notarial fees, shall not exceed
the amounts provided for in section 301.340, RSMo 1959.
2. No such county license tax shall be collected from a resident of any
unincorporated area of the county for motor vehicles used exclusively
outside of the unincorporated area, and that fact may be shown by an
affidavit of the motor vehicle owner. (L. 1967 1st Ex. Sess. p. 872 §§ 1,
2, A.L. 1991 S.B. 34)
The revenue received from the levy and collection of the license
tax shall be used for police and law enforcement purposes in that part of
the county outside of incorporated cities. (L. 1967 1st Ex. Sess. p. 872
§ 3)
The county council or other legislative authority of any first
class county having a population of over six hundred thousand inhabitants
is hereby authorized to impose a tax on the sale of cigarettes made of
tobacco or any substitute for tobacco not to exceed two and one-half
mills per cigarette sold in such county. (L. 1967 1st Ex. Sess. p. 872 §
1, A.L. 1991 S.B. 34)
(1971) The revenue from the cigarette tax authorized by this section is
to be allocated among the unincorporated and the incorporated area of the
county on the basis of decennial census population figures and not on the
basis of population figures shown by special municipal census taken
pursuant to section 71.160, RSMo. City of Bridgeton v. Gilstrap (Mo.),
463 S.W.2d 908.
1. The county cigarette tax shall be collected by the division of
collection of the state department of revenue. The division shall each
day retain, from the county tax collected, one percent of the amount
collected and deposit that amount in the state general revenue fund to
help defray the cost to the state of collecting and distributing this tax.
2. On the first of each month the division shall distribute the balance
of the tax collected during the previous month to the county that levied
the tax and the cities, towns and villages located within the county in
the following manner: To the county which levied the tax, a percentage of
the distributable revenue equal to the percentage ratio that the
population of the unincorporated areas of that county bears to the total
population of the county and to each city, town or village located wholly
within the taxing county; a percentage of the distributable revenue equal
to the percentage ratio that the population of such city, town or village
bears to the total population of the incorporated area of the taxing
county and to each city, town or village located partly within the taxing
county; a percentage of the distributable revenue equal to the percentage
ratio that the population of that part of the city, town or village
located within the taxing county bears to the total population of the
incorporated area of the taxing county; except that no city, town or
village shall annually receive not less than an amount equal to the net
revenue derived from its city cigarette tax in the year 1967. (L. 1967
1st Ex. Sess. p. 872 § 2)
For the purpose of distributing taxes under the provisions of
section 30(a) of article IV of the state constitution and sections 66.350
and 66.620, the results of any federal decennial census shall not be
considered final when initially certified by the United States government
to the director of revenue. If such initial certification is received by
the director prior to the first day of July, the census results shall be
used for distributions made on or after January first of the next year.
If such initial certification is received on or after the first day of
July, the census results shall be used for distributions made on or after
July first of the next year.
(L. 1992 H.B. 1709 § 1)
In the event such county levies such a tax no incorporated
municipality located within such county shall levy a tax on the sale of
cigarettes made of tobacco or any substitute for tobacco sold within the
limits of the municipality. (L. 1967 1st Ex. Sess. p. 872 § 3)
The revenue received from the collection of the tax on the sale
of cigarettes in the part of the county outside incorporated cities shall
be used for police and law enforcement purposes in the part of the county
outside incorporated cities. (L. 1967 1st Ex. Sess p. 872 § 4)
1. The tax shall be paid and stamps affixed in the same manner as
is provided by chapter 149, RSMo, for the state cigarette tax; except
that no discount shall be given any wholesaler for affixing stamps or
making reports required by the division.
2. The director of revenue of this state shall promulgate reasonable and
necessary regulations for the collection of this tax and any violation of
such regulation is a misdemeanor and any person convicted of such a
misdemeanor shall be punished as provided by law. No rule or portion of a
rule promulgated under the authority of this section shall become
effective unless it has been promulgated pursuant to the provisions of
section 536.024, RSMo. (L. 1967 1st Ex. Sess. p. 872 § 5, A.L. 1993 S.B.
52, A.L. 1995 S.B. 3)
1. The governing body of any county of the first class having a
charter form of government and having a population of over nine hundred
thousand inhabitants may levy a tax not to exceed three percent on the
amount of sales or charges for all rooms paid by the transient guests of
hotels and motels situated within such county. Such tax should be known
as a "Convention and Tourism Tax" and shall be deposited by the county
treasurer in what shall be known as the "Convention and Tourism Fund". As
used herein, "transient guests" means person or persons who occupy room
or rooms in a hotel or motel for thirty-one days or less during any
calendar quarter.
2. The person, firm or corporation, subject to the tax imposed by this
section, shall collect the tax from the transient guests, and each such
transient guest shall pay the amount of such tax to the person, firm or
corporation directed to collect the tax imposed herein.
3. The tax imposed pursuant to the provisions of sections 66.390 to
66.398 shall be in addition to any and all other taxes and licenses.
4. The governing body may establish reasonable rules and regulations
governing procedures for collecting and reporting of the tax.
5. The governing body may provide in the ordinance levying the tax that
from every remittance of the tax made, the person required to so remit
may deduct and retain an amount equal to two percent of the taxes
collected.
6. The ordinance shall establish procedures for refunds and penalties on
delinquent taxes. (L. 1975 H.B. 218, A.L. 1991 S.B. 34)
The governing body imposing the tax pursuant to the provisions of
section 66.390 may provide for interest not to exceed two percent per
month on delinquent taxes. (L. 1980 H.B. 1757)
1. Except as otherwise provided in subsection 2 of this section,
the revenues received from the convention and tourism tax shall be used:
(1) To adopt plans, policies and programs to promote convention and
tourist business;
(2) To work with other agencies, bureaus, boards and associations to
promote conventions and tourist business; and
(3) To contract with any public or private agency, individual,
partnership, association, corporation, or other legal entity for the
furnishing* of services and supplies for such promotion.
2. Upon the establishment of a regional economic development district as
provided in section 67.600, RSMo, and the imposition of the sales tax
authorized by section 67.600, RSMo, all revenues received from the
convention and tourism tax shall be paid to the regional convention and
visitors commission established under section 67.610, RSMo, for its use
as provided in section 67.610, RSMo. (L. 1975 H.B. 218 § 66.400, A.L.
1982 S.B. 711)
Effective 5-20-82
*Word "furnishings" appears in original rolls.
The governing body of any county adopting a tax pursuant to the
provisions of sections 66.390 to 66.398 shall appropriate money from the
convention and tourism fund for no other purposes than set forth in
section 66.395. (L. 1975 H.B. 218 § 66.405)
Notwithstanding the provisions of section 56.330, RSMo, the
director of the department of revenue and administration of each county
of the first class having a charter form of government and containing all
or part of a city having a population of four hundred fifty thousand or
more shall set aside the prosecuting attorney's fees to be used as a
contingent fund for the prosecuting attorney for the payment of the
incidental expenses in bringing parties and witnesses from other states
or countries and in properly preparing cases for trial, attending trial
on changes of venue, attending at the taking of depositions, in printing
briefs, and appearing before the appellate courts of the state, and
generally the expenses he is put to in the proper and vigorous
prosecution of the duties of his office. The fund shall be paid out as
needed to the prosecuting attorney by the director of the department upon
warrant of the prosecuting attorney approved and signed by a judge of the
circuit court of said county. (L. 1974 H.B. 1381 § 1)
1. If approved by a majority of the voters voting on the
proposal, a county of the first classification having a population of
over nine hundred thousand inhabitants may, by ordinance, levy and impose
annually, upon water service lines providing water service to residential
property having four or fewer dwelling units, on a countywide basis,
including both the incorporated and unincorporated areas of such county,
a fee not to exceed one dollar per month or an equivalent rate collected
at some other interval.
2. The ballot of submission shall be in substantially * the following
form:
For the purpose of repair or replacement of water lines extending from
the water main to a residential dwelling due to failure of the line or
for road relocation, shall ....................... County be authorized
to impose a fee not to exceed one dollar per month or an equivalent rate
collected at some other interval upon all water service lines providing
water service within the county to residential property having four or
fewer dwelling units for the purpose of paying for the costs of necessary
water service line repairs, replacements or relocations caused by
improvements to public right-of-way?
Yes No
3. For the purpose of this section, a water service line may be defined
by local ordinance, but may not include the water meter or exceed that
portion of water piping and related valves and connectors which extends
from the water mains owned by the utility or municipality distributing
public water supply to the first opportunity for a connection or joint
beyond the point of entry into the premises receiving water service, and
may not include facilities owned by the utility or municipality
distributing public water supply. For purposes of this section, repair
may be defined and limited by local ordinance, and may include
replacement, repairs or relocation when made necessary by improvements to
public right-of-way.
4. If a majority of the voters voting thereon approve the proposal
authorized in subsection 1 of this section, the governing body of the
county may enact an ordinance for the collection of such fee. The funds
collected pursuant to such ordinance shall be deposited in a special
account to be used solely for the purpose of paying for the reasonable
costs associated with and necessary to administer and carry out the water
service line repairs as defined in the ordinance and, if sufficient
revenues are available, to reimburse the necessary costs of water service
line repair, replacement or relocation made necessary by public right-of-
way improvements.
5. The county may contract with any provider of water service in the
county to bill and collect such fees along with bills for water service
and to pursue collection of such amounts through discontinuance of
service as may be directed by the county. The county may establish, as
provided in the ordinance, regulations necessary for the administration
of collections, claims, repairs, relocations, replacements and all other
activities necessary and convenient for the implementation of any
ordinance adopted and approved pursuant to this section. The county may
administer the program or may contract with one or more persons, through
a competitive process, to provide for administration of any portion of
implementation activities of any ordinance adopted and approved pursuant
to this section, and reasonable costs of administering the program may be
paid from the special account established pursuant to this section. (L.
1999 H.B. 450 merged with S.B. 160 & 82)
Effective 6-14-99 (S.B. 160 & 82) 6-29-99 (H.B. 450)
*Word "of" appears here in H.B. 450, 1999
No county with a charter form of government and with more than
two hundred fifty thousand but fewer than three hundred fifty thousand
inhabitants shall dissolve, eliminate, merge, or terminate a municipal
fire department of any home rule city with more than sixty thousand three
hundred but fewer than sixty thousand four hundred inhabitants, until it
has been submitted to an election of the voters residing within the home
rule city with more than sixty thousand three hundred but fewer than
sixty thousand four hundred inhabitants, and assented to by a majority
vote of the voters of the city voting on the question. (L. 2005 S.B. 210)
As used in sections 66.500 to 66.516, the following terms mean:
(1) "County", a constitutional charter county containing the major
portion of a city with a population of at least three hundred fifty
thousand inhabitants;
(2) "Food", all articles commonly used for food or drink, including
alcoholic beverages, the provisions of chapter* 311, RSMo,
notwithstanding;
(3) "Food establishment", any cafe, cafeteria, lunchroom or restaurant
which sells food at retail and has at least five hundred thousand dollars
in annual sales;
(4) "Governing body", the body charged with governing the county;
(5) "Gross receipts", the gross receipts from retail sales of food
prepared on the premises and delivered to the purchaser (excluding sales
tax);
(6) "Hotel, motel or tourist court", any structure or building, under one
management, which contains rooms furnished for the accommodation or
lodging of guests, with or without meals being so provided, and kept,
used, maintained, advertised, or held out to the public as a place where
sleeping accommodations are sought for pay or compensation to transient
guests or permanent guests and having more than eight bedrooms furnished
for the accommodations of such guests. Sleeping accommodations consisting
of one bedroom or more that rent for less than twenty dollars per day or
less than eighty-five dollars per week and shelters for the homeless
operated by not-for-profit organizations are not a "hotel, motel or
tourist court" for the purposes of this act**;
(7) "Person", any individual, corporation, partnership or other entity;
(8) "Transient guest", a person who occupies a room or rooms in a hotel,
motel or tourist court for thirty-one days or less during any calendar
quarter. (L. 1989 S.B. 295 & 312 § 15)
*Word "section" appears in original rolls.
**"This act" (S.B. 295 & 312, 1989) contained numerous sections. Consult
Disposition of Sections table for a definitive listing.
1. The governing body of any county may submit a proposition to
the voters of such county who reside outside the corporate limits of a
city with a population of at least three hundred fifty thousand
inhabitants to levy:
(1) A tax not to exceed five and one-half percent of the amount of sales
or charges for all sleeping rooms paid by the transient guests of hotels,
motels and tourist courts located within the county and situated outside
the corporate limits of a city with a population of at least three
hundred fifty thousand inhabitants involved, and doing business within
that portion of such county (excluding sales tax); and
(2) A tax not to exceed one and three-fourths percent of the gross
receipts derived from the retail sales of food by every person operating
a food establishment within the county and situated outside the corporate
limits of a city with a population of at least three hundred fifty
thousand inhabitants.
2. Such taxes shall be known as the "sports facility maintenance tax" and
when collected shall be deposited by the county treasurer in a separate
fund to be known as the "Sports Facility Maintenance Fund". The governing
body of the county shall appropriate from the sports facility maintenance
fund as provided in sections 66.500 to 66.516.
3. Not less than ten percent of the proceeds of any tax imposed under
subdivision (1) of this section and section* 92.327, RSMo, shall be
appropriated to a fund that hereby shall be established and called the
"Neighborhood Tourist Development Fund". And not less than ten percent of
the proceeds of any tax imposed under subdivision (1) of section 92.327,
RSMo, shall be appropriated to such fund. Such moneys from said funds
shall be paid to not-for-profit neighborhood organizations with whom the
county has contracted, and which are incorporated in the state of
Missouri and located within the county limits of such county established
for the purpose of promoting such neighborhood through cultural, social,
ethnic, historic, educational, and recreational activities in conjunction
with promoting such city as a convention, visitors and tourist center.
(L. 1989 S.B. 295 & 312 § 16)
*Words "and section" do not appear in original rolls.
The governing body of any county may, by adopting an ordinance or
order, impose the sports facility maintenance tax, but no ordinance
enacted pursuant to the authority granted by the provisions of sections
66.500 to 66.516 shall be effective unless the governing body of the
county submits to the voters of the county who reside outside the
corporate limits of a city with a population of at least three hundred
fifty thousand inhabitants at a general or primary election or at a
special election called for that purpose, a proposal to authorize the
governing body of the county to impose the sports facility maintenance
tax. (L. 1989 S.B. 295 & 312 § 17)
Such proposition shall be submitted to the voters in
substantially the following form at such election:
"Shall a sports facility maintenance tax of .......... percent on the
amount of sales or charges for all rooms paid by the transient guests of
hotels, motels and tourist courts and ........... percent on the gross
receipts derived from the retail sales of food at a food establishment be
levied in the county of ............... outside the corporate limits of a
city with a population of at least three hundred fifty thousand
inhabitants to provide funds for the maintenance of sports facilities
within the county?"
Yes No (L. 1989 S.B. 295 & 312 § 18)
In the event that a majority of the qualified voters voting on
the proposition in such county at such election approve the proposition,
then the ordinance or order shall be in effect. If a majority of the
votes cast by the qualified voters voting are opposed to the proposal,
then the governing body of the county shall have no power to impose the
tax authorized by sections 66.500 to 66.516 unless and until the
governing body of the county shall again have submitted another proposal
to authorize the imposition and collection of the tax, and such proposal
is approved by a majority of the qualified voters voting thereon. (L.
1989 S.B. 295 & 312 § 19)
In the event a tax is lawfully imposed under sections 66.500 to
66.516, no gross receipts tax imposed solely on hotels, motels or tourist
courts or cafes, cafeterias, lunchrooms or restaurants shall be levied or
collected by any city within the county and outside the corporate limits
of a city with a population of at least three hundred fifty thousand
inhabitants so long as the tax imposed under sections 66.500 to 66.516
remains in effect. (L. 1989 S.B. 295 & 312 § 20)
The revenues received from the tax authorized under sections
66.500 to 66.516 shall be used exclusively for the maintenance of public
sports facilities within the county in which it is collected. Funds shall
be appropriated as required by the operating authority of eligible sports
facilities and for any purposes beneficial to the community, and in
furtherance of convention, tourism and recreational activities within the
general area. (L. 1989 S.B. 295 & 312 § 21)
1. All applicable provisions contained in sections 144.010 to
144.510, RSMo, governing the state sales tax and section 32.057, RSMo,
the uniform confidentiality provision, shall apply to the collection of
the tax imposed by sections 66.500 to 66.516, except as modified in
sections 66.500 to 66.516.
2. All exemptions granted to agencies of government, organizations,
persons and to the sale of certain articles and items of tangible
personal property and taxable services under the provisions of sections
144.010 to 144.510, RSMo, are hereby made applicable to the imposition
and collection of the tax imposed by sections 66.500 to 66.516.
3. The same sales tax permit, exemption certificate and retail
certificate required by sections 144.010 to 144.510, RSMo, for the
administration and collection of the state sales tax shall satisfy the
requirements of sections 66.500 to 66.516, and no additional permit or
exemption certificate or retail certificate shall be required; except
that the director of revenue may prescribe a form of exemption
certificate for an exemption from the tax imposed by sections 66.500 to
66.516.
4. The person, firm or corporation subject to any tax imposed pursuant to
sections 66.500 to 66.516 shall collect the tax from the transient guests
and patrons of the food establishment and each such transient guest and
patron of the food establishment shall pay the amount of the tax due to
the person, firm or corporation required to collect the tax. The county
shall permit the person required to remit the tax to deduct and retain an
amount equal to two percent of the taxes collected. The county governing
body may either require the county collector to collect the tax imposed
by sections 66.500 to 66.516 or may enter into an agreement with the
director of revenue to have the director collect such tax on behalf of
the county. In the event such an agreement is entered into, the director
of revenue shall perform all functions incident to the collection,
enforcement and operation of such tax, and the director shall collect the
tax on behalf of the county and shall transfer the funds collected to the
county collector, except for an amount not less than one percent nor more
than three percent, which shall be retained by the director for costs of
collection. If the director of revenue is to collect such tax, the tax
shall be collected and reported upon such forms and under such
administrative rules and regulations as the director may prescribe. All
refunds and penalties as provided in sections 144.010 to 144.525, RSMo,
are hereby made applicable to violations of sections 66.500 to 66.516.
(L. 1989 S.B. 295 & 312 § 22)
It is unlawful for any person to advertise or hold out or state
to the public or to any transient guest or food establishment patron
directly or indirectly, that the tax or any part thereof imposed by
sections 66.500 to 66.516, and required to be collected by that person,
will be absorbed by that person, or anyone on behalf of that person, or
that it will not be separately stated and added to the price of the
sleeping room or food establishment bill, or if added, that it or any
part thereof will be refunded. (L. 1989 S.B. 295 & 312 § 23)
1. The governing body of any county of the first class having a
charter form of government and having a population of nine hundred
thousand or more may, by adopting an ordinance, impose a countywide sales
tax for the benefit of both the incorporated and the unincorporated areas
of the county; except that no ordinance enacted pursuant to the authority
granted by the provisions of sections 66.600 to 66.630 shall be at
variance with the provisions as set forth in sections 66.600 to 66.630;
and no ordinance shall be effective unless the governing body of the
county submits to the voters of the county, at a countywide general or
primary election or at a special election called for that purpose, a
proposal to authorize the governing body of the county to impose a tax
under the provisions of sections 66.600 to 66.630. The ballot of
submission shall contain, but not be limited to, the following language:
For the sales tax Against the sales tax
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 shall be
in effect. If a majority of the votes cast by the qualified voters voting
are opposed to the proposal, then the governing body of the county shall
have no power to impose the tax herein authorized unless and until the
governing body of the county shall again have submitted another proposal
to authorize the governing body of the county to impose the tax under the
provisions of sections 66.600 to 66.630, and such proposal is approved by
a majority of the qualified voters voting thereon. If a county sales tax
is imposed by the governing body of a county, no city sales tax may be
imposed by any city, town or village which is wholly or partially within
the county, pursuant to the provisions of sections 94.500 to 94.550,
RSMo, so long as the county sales tax is in effect within the city, town
or village, and any city sales tax which may have been enacted prior to
the effective date of the county sales tax as set forth in sections
66.600 to 66.630 shall be void and of no effect for that part of the
city, town or village that is located within the taxing county on and
after the effective date of the county sales tax as set forth in sections
66.600 to 66.630, but shall again become effective without further action
if the county sales tax is repealed or becomes otherwise inapplicable
within such city, town or village.
2. The sales tax may be imposed at a rate of one percent on the receipts
from the sale at retail of all tangible personal property or taxable
services at retail within any county adopting the tax, if the property
and services are subject to taxation by the state of Missouri under the
provisions of sections 144.010 to 144.525, RSMo. (L. 1977 S.B. 234 § 1,
A.L. 1978 H.B. 1642, S.B. 490, A.L. 1991 H.B. 29 merged with S.B. 34)
The duties of the director of revenue with respect to the
allocation, division and distribution of sales and use tax proceeds
determined to be due any county of the first classification having a
charter form of government and having a population of nine hundred
thousand or more inhabitants and all municipalities within such county,
resulting from taxes levied or imposed under the authority of sections
66.600 to 66.630, section 144.748, RSMo, and sections 94.850 to 94.857,
RSMo, may be delegated to the county levying the county sales tax under
sections 66.600 to 66.630, at the discretion of the director of revenue
and with the consent of the county. Notwithstanding the provisions of
section 32.057, RSMo, to the contrary, if such duties are so assigned,
the director of revenue shall furnish the county with sufficient
information to perform such duties in such form as may be agreed upon by
the director and the county at no cost to the county. The county shall be
bound by the provisions of section 32.057, RSMo, and shall use any
information provided by the director of revenue under the provisions of
this section solely for the purpose of allocating, dividing and
distributing such sales and use tax revenues. The county shall exercise
all of the director's powers and duties with respect to such allocation,
division and distribution, and shall receive no fee for carrying out such
powers and duties. (L. 1993 H.B. 618 § 1)
CROSS REFERENCE: Municipalities in St. Louis County, additional sales tax
for capital improvement purposes, RSMo 94.890
1. All county sales taxes collected by the director of revenue
under sections 66.600 to 66.630 on behalf of any county, less one percent
for cost of collection which shall be deposited in the state's general
revenue fund after payment of premiums for surety bonds as provided in
section 32.087, RSMo, shall be deposited in a special trust fund, which
is hereby created, to be known as the "County Sales Tax Trust Fund". The
moneys in the county sales tax trust fund shall not be deemed to be state
funds and shall not be commingled with any funds of the state. The
director of revenue shall keep accurate records of the amount of money in
the trust fund which was collected in each county imposing a county sales
tax, and the records shall be open to the inspection of officers of the
county and the public. Not later than the tenth day of each month, the
director of revenue shall distribute all moneys deposited in the trust
fund during the preceding month to the county which levied the tax; such
funds shall be deposited with the county treasurer of the county and all
expenditures of funds arising from the county sales tax trust fund shall
be by an appropriation act to be enacted by the legislative council of
the county, and to the cities, towns and villages located wholly or
partly within the county which levied the tax in the manner as set forth
in sections 66.600 to 66.630.
2. In any county not adopting an additional sales tax and alternate
distribution system as provided in section 67.581, RSMo, for the purposes
of distributing the county sales tax, the county shall be divided into
two groups, "Group A" and "Group B". Group A shall consist of all cities,
towns and villages which are located wholly or partly within the county
which levied the tax and which had a city sales tax in effect under the
provisions of sections 94.500 to 94.550, RSMo, on the day prior to the
adoption of the county sales tax ordinance, except that beginning January
1, 1980, group A shall consist of all cities, towns and villages which
are located wholly or partly within the county which levied the tax and
which had a city sales tax approved by the voters of such city under the
provisions of sections 94.500 to 94.550, RSMo, on the day prior to the
effective date of the county sales tax. For the purposes of determining
the location of consummation of sales for distribution of funds to
cities, towns and villages in group A, the boundaries of any such city,
town or village shall be the boundary of that city, town or village as it
existed on March 19, 1984. Group B shall consist of all cities, towns and
villages which are located wholly or partly within the county which
levied the tax and which did not have a city sales tax in effect under
the provisions of sections 94.500 to 94.550, RSMo, on the day prior to
the adoption of the county sales tax ordinance, and shall also include
all unincorporated areas of the county which levied the tax; except that,
beginning January 1, 1980, group B shall consist of all cities, towns and
villages which are located wholly or partly within the county which
levied the tax and which did not have a city sales tax approved by the
voters of such city under the provisions of sections 94.500 to 94.550,
RSMo, on the day prior to the effective date of the county sales tax and
shall also include all unincorporated areas of the county which levied
the tax.
3. Until January 1, 1994, the director of revenue shall distribute to the
cities, towns and villages in group A the taxes based on the location in
which the sales were deemed consummated under section 66.630 and
subsection 12 of section 32.087, RSMo. Except for distribution governed
by section 66.630, after deducting the distribution to the cities, towns
and villages in group A, the director of revenue shall distribute the
remaining funds in the county sales tax trust fund to the cities, towns
and villages and the county in group B as follows: To the county which
levied the tax, a percentage of the distributable revenue equal to the
percentage ratio that the population of the unincorporated areas of the
county bears to the total population of group B; and to each city, town
or village in group B located wholly within the taxing county, a
percentage of the distributable revenue equal to the percentage ratio
that the population of such city, town or village bears to the total
population of group B; and to each city, town or village located partly
within the taxing county, a percentage of the distributable revenue equal
to the percentage ratio that the population of that part of the city,
town or village located within the taxing county bears to the total
population of group B.
4. From and after January 1, 1994, the director of revenue shall
distribute to the cities, towns and villages in group A a portion of the
taxes based on the location in which the sales were deemed consummated
under section 66.630 and subsection 12 of section 32.087, RSMo, in
accordance with the formula described in this subsection. After deducting
the distribution to the cities, towns and villages in group A, the
director of revenue shall distribute funds in the county sales tax trust
fund to the cities, towns and villages and the county in group B as
follows: To the county which levied the tax, ten percent multiplied by
the percentage of the population of unincorporated county which has been
annexed or incorporated since April 1, 1993, multiplied by the total of
all sales tax revenues countywide, and a percentage of the remaining
distributable revenue equal to the percentage ratio that the population
of unincorporated areas of the county bears to the total population of
group B; and to each city, town or village in group B located wholly
within the taxing county, a percentage of the remaining distributable
revenue equal to the percentage ratio that the population of such city,
town or village bears to the total population of group B; and to each
city, town or village located partly within the taxing county, a
percentage of the remaining distributable revenue equal to the percentage
ratio that the population of that part of the city, town or village
located within the taxing county bears to the total population of group B.
5. (1) For purposes of administering the distribution formula of
subsection 4 of this section, the revenues arising each year from sales
occurring within each group A city, town or village shall be distributed
as follows: Until such revenues reach the adjusted county average, as
hereinafter defined, there shall be distributed to the city, town or
village all of such revenues reduced by the percentage which is equal to
ten percent multiplied by the percentage of the population of
unincorporated county which has been annexed or incorporated after April
1, 1993; and once revenues exceed the adjusted county average, total
revenues shall be shared in accordance with the redistribution formula as
defined in this subsection.
(2) For purposes of this subsection, the "adjusted county average" is the
per capita countywide average of all sales tax distributions during the
prior calendar year reduced by the percentage which is equal to ten
percent multiplied by the percentage of the population of unincorporated
county which has been annexed or incorporated after April 1, 1993; the
"redistribution formula" is as follows: During 1994, each group A city,
town and village shall receive that portion of the revenues arising from
sales occurring within the municipality that remains after deducting
therefrom an amount equal to the cumulative sales tax revenues arising
from sales within the municipality multiplied by the percentage which is
the sum of ten percent multiplied by the percentage of the population of
unincorporated county which has been annexed or incorporated after April
1, 1993, and the percentage, if greater than zero, equal to the product
of 8.5 multiplied by the logarithm (to base 10) of the product of 0.035
multiplied by the total of cumulative per capita sales taxes arising from
sales within the municipality less the adjusted county average. During
1995, each group A city, town and village shall receive that portion of
the revenues arising from sales occurring within the municipality that
remains after deducting therefrom an amount equal to the cumulative sales
tax revenues arising from sales within the municipality multiplied by the
percentage which is the sum of ten percent multiplied by the percentage
of the population of unincorporated county which has been annexed or
incorporated after April 1, 1993, and the percentage, if greater than
zero, equal to the product of seventeen multiplied by the logarithm (to
base 10) of the product of 0.035 multiplied by the total of cumulative
per capita sales taxes arising from sales within the municipality less
the adjusted county average. From January 1, 1996, until January 1, 2000,
each group A city, town and village shall receive that portion of the
revenues arising from sales occurring within the municipality that
remains after deducting therefrom an amount equal to the cumulative sales
tax revenues arising from sales within the municipality multiplied by the
percentage which is the sum of ten percent multiplied by the percentage
of the population of unincorporated county which has been annexed or
incorporated after April 1, 1993, and the percentage, if greater than
zero, equal to the product of 25.5 multiplied by the logarithm (to base
10) of the product of 0.035 multiplied by the total of cumulative per
capita sales taxes arising from sales within the municipality less the
adjusted county average. From and after January 1, 2000, the distribution
formula covering the period from January 1, 1996, until January 1, 2000,
shall continue to apply, except that the percentage computed for sales
arising within the municipalities shall be not less than 7.5 percent for
municipalities within which sales tax revenues exceed the adjusted county
average, nor less than 12.5 percent for municipalities within which sales
tax revenues exceed the adjusted county average by at least twenty-five
percent.
(3) For purposes of applying the redistribution formula to a municipality
which is partly within the county levying the tax, the distribution shall
be calculated alternately for the municipality as a whole, except that
the factor for annexed portion of the county shall not be applied to the
portion of the municipality which is not within the county levying the
tax, and for the portion of the municipality within the county levying
the tax. Whichever calculation results in the larger distribution to the
municipality shall be used.
(4) Notwithstanding any other provision of this section, the fifty
percent of additional sales taxes as described in section 99.845, RSMo,
arising from economic activities within the area of a redevelopment
project established after July 12, 1990, pursuant to sections 99.800 to
99.865, RSMo, while tax increment financing remains in effect shall be
deducted from all calculations of countywide sales taxes, shall be
distributed directly to the municipality involved, and shall be
disregarded in calculating the amounts distributed or distributable to
the municipality. Further, any agreement, contract or covenant entered
into prior to July 12, 1990, between a municipality and any other
political subdivision which provides for an appropriation of incremental
sales tax revenues to the special allocation fund of a tax increment
financing project while tax increment financing remains in effect shall
continue to be in full force and effect and the sales taxes so
appropriated shall be deducted from all calculations of countywide sales
taxes, shall be distributed directly to the municipality involved, and
shall be disregarded in calculating the amounts distributed or
distributable to the municipality. In addition, and notwithstanding any
other provision of this chapter to the contrary, economic development
funds shall be distributed in full to the municipality in which the sales
producing them were deemed consummated. Additionally, economic
development funds shall be deducted from all calculations of countywide
sales taxes and shall be disregarded in calculating the amounts
distributed or distributable to the municipality. As used in this
subdivision, the term "economic development funds" means the amount of
sales tax revenue generated in any fiscal year by projects authorized
pursuant to chapter 99, RSMo, or chapter 100, RSMo, in connection with
which such sales tax revenue was pledged as security for, or was
guaranteed by a developer to be sufficient to pay, outstanding
obligations under any agreement authorized by chapter 100, RSMo, entered
into or adopted prior to September 1, 1993, between a municipality and
another public body. The cumulative amount of economic development funds
allowed under this provision shall not exceed the total amount necessary
to amortize the obligations involved.
6. If the qualified voters of any city, town or village vote to change or
alter its boundaries by annexing any unincorporated territory included in
group B or if the qualified voters of one or more city, town or village
in group A and the qualified voters of one or more city, town or village
in group B vote to consolidate, the area annexed or the area consolidated
which had been a part of group B shall remain a part of group B after
annexation or consolidation. After the effective date of the annexation
or consolidation, the annexing or consolidated city, town or village
shall receive a percentage of the group B distributable revenue equal to
the percentage ratio that the population of the annexed or consolidated
area bears to the total population of group B and such annexed area shall
not be classified as unincorporated area for determination of the
percentage allocable to the county. If the qualified voters of any two or
more cities, towns or villages in group A each vote to consolidate such
cities, towns or villages, then such consolidated cities, towns or
villages shall remain a part of group A. For the purpose of sections
66.600 to 66.630, population shall be as determined by the last federal
decennial census or the latest census that determines the total
population of the county and all political subdivisions therein. For the
purpose of calculating the adjustment based on the percentage of
unincorporated county population which is annexed after April 1, 1993,
the accumulated percentage immediately before each census shall be used
as the new percentage base after such census. After any annexation,
incorporation or other municipal boundary change affecting the
unincorporated area of the county, the chief elected official of the
county shall certify the new population of the unincorporated area of the
county and the percentage of the population which has been annexed or
incorporated since April 1, 1993, to the director of revenue. After the
adoption of the county sales tax ordinance, any city, town or village in
group A may by adoption of an ordinance by its governing body cease to be
a part of group A and become a part of group B. Within ten days after the
adoption of the ordinance transferring the city, town or village from one
group to the other, the clerk of the transferring city, town or village
shall forward to the director of revenue, by registered mail, a certified
copy of the ordinance. Distribution to such city as a part of its former
group shall cease and as a part of its new group shall begin on the first
day of January of the year following notification to the director of
revenue, provided such notification is received by the director of
revenue on or before the first day of July of the year in which the
transferring ordinance is adopted. If such notification is received by
the director of revenue after the first day of July of the year in which
the transferring ordinance is adopted, then distribution to such city as
a part of its former group shall cease and as a part of its new group
shall begin the first day of July of the year following such notification
to the director of revenue. Once a group A city, town or village becomes
a part of group B, such city may not transfer back to group A.
7. If any city, town or village shall hereafter change or alter its
boundaries, the city clerk of the municipality shall forward to the
director of revenue, by registered mail, a certified copy of the
ordinance adding or detaching territory from the municipality. The
ordinance shall reflect the effective date thereof, and shall be
accompanied by a map of the municipality clearly showing the territory
added thereto or detached therefrom. Upon receipt of the ordinance and
map, the tax imposed by sections 66.600 to 66.630 shall be redistributed
and allocated in accordance with the provisions of this section on the
effective date of the change of the municipal boundary so that the proper
percentage of group B distributable revenue is allocated to the
municipality in proportion to any annexed territory. If any area of the
unincorporated county elects to incorporate subsequent to the effective
date of the county sales tax as set forth in sections 66.600 to 66.630,
the newly incorporated municipality shall remain a part of group B. The
city clerk of such newly incorporated municipality shall forward to the
director of revenue, by registered mail, a certified copy of the
incorporation election returns and a map of the municipality clearly
showing the boundaries thereof. The certified copy of the incorporation
election returns shall reflect the effective date of the incorporation.
Upon receipt of the incorporation election returns and map, the tax
imposed by sections 66.600 to 66.630 shall be distributed and allocated
in accordance with the provisions of this section on the effective date
of the incorporation.
8. The director of revenue may authorize the state treasurer to make
refunds from the amounts in the trust fund and credited to any county for
erroneous payments and overpayments made, and may redeem dishonored
checks and drafts deposited to the credit of such counties. If any county
abolishes the tax, the county shall notify the director of revenue of the
action at least ninety days prior to the effective date of the repeal and
the director of revenue may order retention in the trust fund, for a
period of one year, of two percent of the amount collected after receipt
of such notice to cover possible refunds or overpayment of the tax and to
redeem dishonored checks and drafts deposited to the credit of such
accounts. After one year has elapsed after the effective date of
abolition of the tax in such county, the director of revenue shall remit
the balance in the account to the county and close the account of that
county. The director of revenue shall notify each county of each instance
of any amount refunded or any check redeemed from receipts due the county.
9. Except as modified in sections 66.600 to 66.630, all provisions of
sections 32.085 and 32.087, RSMo, shall apply to the tax imposed under
sections 66.600 to 66.630. (L. 1977 S.B. 234 § 5, A.L. 1979 H.B. 717,
A.L. 1980 S.B. 693, A.L. 1983 H.B. 273, A.L. 1984 H.B. 1214 & 1319, A.L.
1987 H.B. 210, A.L. 1991 H.B. 29, A.L. 1993 H.B. 618, A.L. 1994 H.B. 1481
merged with S.B. 685)
Effective 5-10-94 (S.B. 685) 8-28-94 (H.B. 1481)
CROSS REFERENCE: Federal census results to be used for distribution of
revenue, when, RSMo 66.351
1. County sales taxes imposed pursuant to sections 66.600 to
66.630 on the purchase and sale of motor vehicles, trailers, boats, and
outboard motors shall not be collected and remitted by the seller, but
shall be collected by the director of revenue at the time application is
made for a certificate of title, if the address of the applicant is
within a county imposing a county sales tax. The amounts so collected,
less the one percent collection cost, shall be deposited in the county
sales tax trust fund to be distributed in accordance with section 66.620
until March 31, 1988. Beginning April 1, 1988, seventy-five percent of
the distributable sales tax revenue shall be distributed in accordance
with section 66.620. The remaining twenty-five percent of the
distributable sales tax revenue shall be held in an interest-bearing
account and, less annual costs of distribution, shall be distributed
monthly to each city, town or village and the county based upon the
number of transactions occurring within each city, town or village and
the unincorporated area of the county during the preceding month as
reported to the department of revenue in the monthly dealer sales report
subject, however, to the redistribution formula defined in section 66.620
and, except that any city, town or village and the county contained in
group B as defined in section 66.620 shall have distributed to it by the
director of revenue its share of the remaining twenty-five percent as
calculated herein in accordance with section 66.620. The cost incurred by
the department of revenue for distribution shall be paid by each city,
town or village in proportion to the number of transactions occurring
within its boundaries and shall be deducted annually from such
distributable revenue. In the event that an alternative distribution
system is adopted pursuant to section 67.581, RSMo, all of the moneys
collected under this section shall be distributed in accordance with that
formula. The purchase or sale of motor vehicles, trailers, boats, and
outboard motors shall be deemed to be consummated at the address of the
applicant.
2. As used in this section, the term "boat" shall only include motorboats
and vessels as the terms "motorboat" and "vessel" are defined in section
306.010, RSMo. (L. 1977 S.B. 234 § 6, A.L. 1985 H.B. 280, et al., A.L.
1987 H.B. 210, A.L. 1991 H.B. 29, A.L. 1993 H.B. 618)
Pursuant to section 9 of article VI of the state constitution,
any county of the first classification which has a population of more
than one hundred thousand inhabitants but less than two hundred thousand
inhabitants, and any county of the first classification which contains a
city with a population of one hundred thousand or more inhabitants which
adjoins no other county of the first classification, and any county which
has a population of less than one hundred thousand inhabitants and
adjoins any county with a population of nine hundred thousand or more
inhabitants, and any county of the first classification with a population
of at least one hundred thousand but less than one hundred twenty
thousand, and any county which has a population of less than two hundred
thousand inhabitants and adjoins any county with a population of nine
hundred thousand or more inhabitants, may adopt an alternative form of
government and frame a county constitution for the vesting of any and all
powers the general assembly has the authority to confer, provided such
powers are consistent with the constitution of this state and not limited
or denied by either the county constitution or by laws of this state,
except those powers to regulate and provide for free and open elections.
A county approving the alternative form of government and adopting a
county constitution in the manner prescribed by sections 66.700 to 66.710
shall only impose such taxes as it is authorized by the constitution and
law to impose. The county commission of such a county may authorize the
submission of the question set forth in sections 66.700 to 66.710 by
placing such question on the ballot at a county or state general, primary
or special election as set by the county commission. The circuit judges
of the circuit where such county is located shall establish a county
constitution commission to develop a county constitution if the qualified
voters of the county, at a county or state general, primary or special
election, approve the following question:
Shall a commission be chosen by the ................... circuit court
(circuit number) to frame a county constitution which shall be submitted
to the voters of ............... County (county's name)?
[ ] YES [ ] NO The election authority shall certify the results of the
election to the county commission of the county and the circuit court
where such county is located. If a majority of the votes cast by the
qualified voters voting thereon are in favor of the proposal, then the
circuit judges of the circuit where such county is located shall
establish a commission in the manner prescribed in section 66.703. If a
majority of the votes cast by the qualified voters voting thereon are
opposed to the proposal, the circuit judges shall not establish a county
constitution. (L. 1993 H.B. 551 & 552 § 2 subsec. 1 and S.B. 67 § 10
subsec. 1 merged with S.B. 88 § 1 subsec. l)
In any county where the question submitted pursuant to section
66.700 is approved, the circuit judges of the circuit where such county
is located shall, within sixty days after certification of the election
results by the election authority, appoint a commission to frame the
county constitution, consisting of fourteen residents of the county, who
shall serve without pay, and be equally divided between the two political
parties casting the greater number of votes for governor at the last
preceding gubernatorial election. (L. 1993 H.B. 551 & 552 § 2 subsec. 2
merged with S.B. 67 § 10 subsec. 2 merged with S.B. 88 § 1 subsec. 2)
1. The county constitution framed by the commission shall take
effect on the day fixed therein and shall supersede any existing charter,
county constitution or government, if approved by the majority of the
qualified voters of the county voting thereon. The county constitution
shall be submitted by the county constitution commission to the election
authority of the county not later than thirty days after the completion
of the county constitution or more than one year from the date of the
selection of the county constitution commission by the circuit court. The
election authority of the county shall conduct the election at the next
available election authorized under state law. The election shall be
conducted under the provisions of chapter 115, RSMo, and may, at the
request of the county constitution commission, be conducted by mail
ballot. The commission may submit for separate vote any parts of the
county constitution, or any alternative sections or articles, and the
alternative sections or articles receiving the larger affirmative vote
shall prevail if a charter is adopted.
2. In addition to notices required under chapter 115, RSMo, the election
authority shall publish the full text of the county constitution in each
newspaper of general circulation in the county at least once a week for
at least three weeks, the last publication to be not more than three nor
less than two weeks immediately preceding the election.
3. The ballot of submission shall contain, but need not be limited to,
the following language:
Shall ................ County adopt the proposed county constitution?
[ ] YES [ ] NO If a majority of the votes cast by the qualified voters
voting thereon are in favor of the proposal, then the county constitution
shall be adopted. If a majority of the votes cast by the qualified voters
voting thereon are opposed to the proposal, the county constitution shall
not be adopted. No county constitution shall be submitted to the voters
of the county within two years after the election at which a county
constitution was defeated, and prior to resubmitting the question of
whether to adopt a county constitution to the voters pursuant to this
subsection, the county commission shall resubmit the question set forth
in section 66.700 to the qualified voters of the county and a majority of
the votes cast by the qualified voters voting thereon shall be in favor
of the proposal. (L. 1993 H.B. 551 & 552 § 2 subsecs. 3, 4, 5 merged with
S.B. 67 § 10 subsecs. 3, 4, 5 merged with S.B. 88 § 1 subsecs. 3, 4, 5)
Duplicate certificates shall be made, setting forth the county
constitution adopted and its ratification, signed by the election
authority of the county after canvassing election returns. One of such
certified copies shall be deposited in the office of the secretary of
state and the other, after being recorded in the records of the county,
shall be deposited among the archives of the county and all courts shall
take judicial notice thereof. This section shall also apply to any
amendment to the county constitution. (L. 1993 H.B. 551 & 552 § 2 subsec.
6 merged with S.B. 67 § 10 subsec. 6 merged with S.B. 88 § 1 subsec. 6)
All amendments to such county constitution shall be approved by
the voters and shall become part of the county constitution at the time
and under the conditions fixed in the amendments. (L. 1993 H.B. 551 & 552
§ 2 subsec. 7 merged with S.B. 67 § 10 subsec. 7 merged with S.B. 88 § 1
subsec. 7)
Pursuant to section 9 of article VI of the state constitution,
any county of the first classification without a charter form of
government may adopt an alternative form of government and frame a county
constitution for the vesting of any and all powers the general assembly
has the authority to confer, provided such powers are consistent with the
constitution of this state and not limited or denied by either the county
constitution or by laws of this state, except those powers to regulate
and provide for free and open elections. A county approving the
alternative form of government and adopting a county constitution in the
manner prescribed by this section shall only impose such taxes as it is
authorized by the constitution and law to impose. The county commission
of such a county may authorize the submission of the question set forth
in this section by placing such question on the ballot at a county or
state general, primary or special election as set by the county
commission. The circuit judges of the circuit where such county is
located shall establish a county constitution commission to develop a
county constitution if the qualified voters of the county, at a county or
state general, primary or special election, approve the following
question:
Shall a commission be chosen by the ........ circuit court (circuit
number) to frame a county constitution which shall be submitted to the
voters of ......... County (county's name)?
[ ] YES [ ] NO The election authority shall certify the results of the
election to the county commission of the county and the circuit court
where such county is located. If a majority of the votes cast by the
qualified voters voting thereon are in favor of the proposal, then the
circuit judges of the circuit where such county is located shall
establish a commission in the manner prescribed in subsection 2 of this
section. If a majority of the votes cast by the qualified voters voting
thereon are opposed to the proposal, the circuit judges shall not
establish a county constitution.
2. In any county where the question submitted pursuant to subsection 1 of
this section is approved, the circuit judges of the circuit where such
county is located shall, within sixty days after certification of the
election results by the election authority, appoint a commission to frame
the county constitution, consisting of fourteen residents of the county
who shall serve without pay and be equally divided between the two
political parties casting the greater number of votes for governor at the
last preceding gubernatorial election.
3. The county constitution framed by the commission shall take effect on
the day fixed therein and shall supersede any existing county
constitution or government, if approved by the majority of the qualified
voters of the county voting thereon. The county constitution shall be
submitted by the county constitution commission to the election authority
of the county not later than thirty days after the completion of the
county constitution or more than one year from the date of the selection
of the county constitution commission by the circuit court. The election
authority of the county shall conduct the election at the next available
election authorized under state law. The election shall be conducted
under the provisions of chapter 115, RSMo, and may, at the request of the
county constitution commission, be conducted by mail ballot. The
commission may submit for separate vote any parts of the county
constitution, or any alternative sections or articles, and the
alternative sections or articles receiving the larger affirmative vote
shall prevail if a constitution is adopted.
4. In addition to notices required under chapter 115, RSMo, the election
authority shall publish the full text of the county constitution in each
newspaper of general circulation in the county at least once a week for
at least three weeks, the last publication to be not more than three nor
less than two weeks immediately preceding the election.
5. The ballot of submission shall contain, but need not be limited to,
the following language:
Shall .......... County adopt the proposed county constitution?
[ ] YES [ ] NO If a majority of the votes cast by the qualified voters
voting thereon are in favor of the proposal, then the county constitution
shall be adopted. If a majority of the votes cast by the qualified voters
voting thereon are opposed to the proposal, the county constitution shall
not be adopted. No county constitution shall be submitted to the voters
of the county within two years after the election at which a county
constitution was defeated, and prior to resubmitting the question of
whether to adopt a county constitution to the voters pursuant to this
subsection, the county commission shall resubmit the question set forth
in subsection 1 of this section to the qualified voters of the county and
a majority of the votes cast by the qualified voters voting thereon shall
be in favor of the proposal.
6. Duplicate certificates shall be made, setting forth the county
constitution adopted and its ratification, signed by the election
authority of the county after canvassing election returns. One of such
certified copies shall be deposited in the office of the secretary of
state and the other, after being recorded in the records of the county,
shall be deposited among the archives of the county and all courts shall
take judicial notice thereof. This subsection shall also apply to any
amendment to the county constitution.
7. All amendments to such county constitution shall be approved by the
voters and shall become part of the county constitution at the time and
under the conditions fixed in the amendments.
8. Pursuant to section 1.140, RSMo, the provisions of this section are
severable. If any provision of this section is found by a court of
competent jurisdiction to be unconstitutional, the remaining provisions
of this act* are valid unless the court finds the valid provisions of
this act* are so essentially and inseparably connected with, and so
dependent upon, the void provision that it cannot be presumed the
legislature would have enacted the valid provisions without the void one;
or unless the court finds that the valid provisions, standing alone, are
incomplete and are incapable of being executed in accordance with the
legislative intent. (L. 1994 S.B. 700 § 1)
*"This act" (S.B. 700, 1994) contained numerous sections. Consult
Disposition of Sections table for a definitive listing.
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