HB 1478-4_ Filed 04/09/2007, 10:48 Broden

SENATE MOTION


MADAM PRESIDENT:

    I move
that Engrossed House Bill 1478 be amended to read as follows:

SOURCE: Page 97, line 27; (07)MO147810.97. -->     Page 97, between lines 27 and 28, begin a new paragraph and insert:
    " (g) If a county council does not adopt a tax rate under this section within thirty (30) days after becoming eligible to adopt the tax rate, the fiscal body of a municipality in the county may adopt the tax rate, which shall be applied only within the municipality. A tax rate adopted under this subsection applies only to county taxpayers who are residents of the municipality. Except as otherwise provided, the provisions of this section apply to a tax rate adopted under this subsection. The tax revenue attributable to a tax rate adopted under this subsection may be used by the municipality only within the municipality for a purpose described in subsection (f), as specified by ordinance of the fiscal body of the municipality. Except as provided in subsection (h), if a county council adopts a tax rate under this section after the fiscal body of a municipality has adopted a tax rate under this subsection, the tax rate adopted under this subsection by the fiscal body of the municipality is rescinded on the effective date of the tax rate adopted under this section by the county council.
    (h) If the tax rate adopted under subsection (g) by the fiscal body of a municipality exceeds the tax rate adopted under this section by the county council, a tax rate equal to the difference between:
        (1) the tax rate adopted by the municipality; minus
        (2) the tax rate adopted by the county council;
continues in effect in the municipality. The tax revenue attributable to the tax rate that continues in effect in the municipality may be used by the municipality only within the municipality for a purpose described in subsection (f), as specified by ordinance of the fiscal body of the municipality.
".
    Page 97, line 28, delete "(g)" and insert " (i)".
    Page 97, line 37, delete "(h)" and insert " (j)".
    Page 121, between lines 1 and 2, begin a new paragraph and insert:
    " (g) If a county income tax council does not adopt a tax rate under this section within thirty (30) days after becoming eligible to adopt the tax rate, the fiscal body of a municipality in the county may adopt the tax rate, which shall be applied only within the municipality. A tax rate adopted under this subsection applies only to county taxpayers who are residents of the municipality. Except as otherwise provided, the provisions of this section apply to a tax rate adopted under this subsection. The tax revenue attributable to a tax rate adopted under this subsection may be used by the municipality only within the municipality for a purpose described in subsection (f), as specified by ordinance of the fiscal body of the municipality. Except as provided in subsection (h), if a county income tax council adopts a tax rate under this section after the fiscal body of a municipality has adopted a tax rate under this subsection, the tax rate adopted under this subsection by the fiscal body of the municipality is rescinded on the effective date of the tax rate adopted under this section by the county income tax council.
    (h) If the tax rate adopted under subsection (g) by the fiscal body of a municipality exceeds the tax rate adopted under this section by the county income tax council, a tax rate equal to the difference between:
        (1) the tax rate adopted by the municipality; minus
        (2) the tax rate adopted by the county income tax council;
continues in effect in the municipality. The tax revenue attributable to the tax rate that continues in effect in the municipality may be used by the municipality only within the municipality for a purpose described in subsection (f), as specified by ordinance of the fiscal body of the municipality.
".
    Page 121, line 2, delete "(g)" and insert " (i)".
    Page 121, line 8, delete "(h)" and insert " (j)".
    Page 121, line 11, delete "(i)" and insert " (k)".
    (Reference is to EHB 1478 as printed April 6, 2007.)

________________________________________

Senator BRODEN


MO147810/DI 73
2007