SECOND REGULAR SESSION

HOUSE BILL NO. 1235

88TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES GIBBONS, GRIESHEIMER, BROWN (Cosponsors), BURTON, VOGEL, LINTON, HEGEMAN, GRATZ, LUMPE, OSTMANN, WIELAND, LUETKENHAUS, MITCHELL, RICHARDSON, GRAHAM, NORDWALD, SHIELDS, KASTEN, MURRAY (135), SUMMERS, STEEN, CHAMPION, COOPER, McCLELLAND, HAND, ENZ, GROSS, WHITESIDE, ELLIOTT, BARNETT, PRYOR, SECREST, EVANS, HARTZLER (123), FROELKER, CHILDERS, ROBIRDS, MURPHY, CIERPIOT, HARTZLER (124), EDWARDS, WOOTEN, SCHWAB, SCOTT, DONOVAN, OETTING, BROACH, SOMBART, KAUFFMAN, POUCHE, ALTER, AKIN, FOSTER, SURFACE, NAEGER, HOHULAN, BOATRIGHT, SALLEE, CHRISMER, BARTELSMEYER, LOUDON, KEEVEN, REYNOLDS AND LEVIN.

Read 1st time January 22, 1996 and 1000 copies ordered printed.

DOUGLAS W. BURNETT, Chief Clerk

L2940.01I

AN ACT

To repeal section 151.150, RSMo 1994, relating to school taxes levied on the distributable property of railroad companies, and to enact in lieu thereof one new section relating to the same subject.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Section 151.150, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 151.150, to read as follows:

151.150. 1. For the purpose of levying school taxes, including taxes for school purposes, as defined in section 163.011, RSMo, for capital projects purposes, as authorized under section 165.011, RSMo, "and for other purposes", as defined in section 151.160, in the several counties of this state, on the distributable property of the railroad company, the several county commissions shall ascertain from the returns in the office of the county clerk the average rate of taxation levied for school purposes for capital projects purposes, and for other purposes, each separately by the several local school boards or authorities of the several school districts throughout the county.

2. The average rate for school purposes shall be ascertained by adding together the local rates of the several school districts in the county and by dividing the sum thus obtained by the whole number of districts levying a tax for school purposes. The county clerk shall cause to be charged to the railroad companies taxes for school purposes at the average rate on the proportionate value of the railroad property so certified to the county commission by the state tax commission, under the provisions of this chapter, and shall apportion the taxes for school purposes, so levied and collected, among all the school districts in his county, the same proportion that the September membership of a district, determined as provided in (1) of subdivision (8) of section 163.011, RSMo, bears to the sum of the September membership of all districts in the county[, provided that for the 199697 school year and each school year thereafter, funds otherwise distributed under this subsection shall be distributed pursuant to section 163.031, RSMo. For the first year in which funds otherwise distributed under this subsection are distributed pursuant to section 163.031, RSMo, such funds shall not be considered as a deduction from any school district's entitlement as determined pursuant to section 163.031, RSMo].

3. The average rate levied for capital projects purposes, and for other purposes, each separately, shall be ascertained by adding together the local rates of the several districts in the county levying a tax for capital projects purposes, or for other purposes and by dividing the sum thus obtained in each case by the whole number of districts in the county. The county clerk shall cause to be charged to the railroad companies taxes for capital projects purposes, or for other purposes, at the average rate on the proportionate value of the railroad distributable property so certified to the county commission by the state tax commission, under the provisions of this chapter, and the county commission shall apportion the taxes for capital projects purposes, or for other purposes so levied and collected, among the several school districts levying the taxes, in proportion to the amount of such taxes so levied in each of the districts.

4. All local property owned or controlled by a railroad company lying in any school district shall be taxed at the same rate as other property in the district, and the school taxes, including taxes for capital projects purposes, and for other purposes thereon, shall go to the district in which such property is situated.