644.033. Sales tax collection to be deposited in local parks and storm water control sales tax fund--fund established--powers and duties of director of revenue--abolition of tax, procedure.

Sales tax collection to be deposited in local parks and storm watercontrol sales tax fund--fund established--powers and duties ofdirector of revenue--abolition of tax, procedure.

644.033. 1. All sales taxes collected by the director of revenueunder this section and section 644.032 on behalf of any municipality orcounty, less one percent for cost of collection which shall be deposited inthe state's general revenue fund after payment of premiums for surety bondsas provided in section 32.087, RSMo, shall be deposited in a special trustfund, which is hereby created, to be known as the "Local Parks and StormWater Control Sales Tax Trust Fund". The moneys in the local parks andstorm water control sales tax trust fund shall not be deemed to be statefunds and shall not be commingled with any funds of the state. Thedirector of revenue shall keep accurate records of the amount of money inthe trust * which was collected in each municipality or county imposing asales tax under this section and section 644.032, * the records shall beopen to the inspection of officers of the municipality or county and thepublic. Not later than the tenth day of each month the director of revenueshall distribute all moneys deposited in the trust fund during thepreceding month to the municipality or county which levied the tax. Suchfunds shall be deposited with the county treasurer of each such county orthe appropriate municipal officer of the municipality, and all expendituresof funds arising from the local parks and storm water control sales taxtrust fund shall be by an appropriation act to be enacted by the governingbody of each such municipality or county. Expenditures may be made fromthe fund for any storm water control or local park functions authorized inthe ordinance or order adopted by the governing body submitting the tax tothe voters.

2. The director of revenue may authorize the state treasurer to makerefunds from the amounts in the trust fund and credited to any municipalityor county for erroneous payments and overpayments made, and may redeemdishonored checks and drafts deposited to the credit of such municipalitiesor counties. If any municipality or county abolishes the tax, themunicipality or county shall notify the director of revenue of the actionat least ninety days prior to the effective date of the repeal and thedirector of revenue may order retention in the trust fund, for a period ofone year, of two percent of the amount collected after receipt of suchnotice to cover possible refunds or overpayment of the tax and to redeemdishonored checks and drafts deposited to the credit of such accounts.After one year has elapsed after the effective date of abolition of the taxin such municipality or county, the director of revenue shall remit thebalance in the account to the municipality or county and close the accountof that municipality or county. The director of revenue shall notify eachmunicipality or county of each instance of any amount refunded or any checkredeemed from receipts due the municipality or county.

3. Except as modified in this section and section 644.032, allprovisions of sections 32.085 and 32.087, RSMo, shall apply to the taximposed under this section and section 644.032.

(L. 1995 H.B. 88 § 8 subsecs. 5 to 7)

*Word "and" appears here in original rolls.