HCS SB 365 -- TOURISM SPONSOR: Steelman (Overschmidt) COMMITTEE ACTION: Voted "do pass" by the Committee on Tourism, Recreational and Cultural Affairs by a vote of 17 to 0. This substitute authorizes a tourism sales tax in certain areas, establishes tourism community enhancement districts, and revises certain provisions relating to the supplemental revenue fund. TOURISM TAX IN CERTAIN AREAS The City of Cuba is added to those cities and counties authorized to submit to their voters a hotel/motel tax of between 2% and 5% for funding the promotion of tourism. The substitute allows the governing body of any city or county having more than 350 hotel and motel rooms inside its jurisdiction to impose a room tax upon voter approval of not more than 5% on all transient guests of hotels or motels if it has not done so under other provisions of law. The proceeds from this tax will be used for the promotion of tourism and for funding a convention and visitors bureau. The City of Maryland Heights is allowed to impose a tax of not more than 0.5%. The substitute spells out the ballot language and procedures for adoption of the tax. The governing bodies of counties containing at least 700 miles and not more than 900 miles of shoreline of a Corps of Engineers lake may order an election for a sales tax, not to exceed 1.5%, for promoting water quality, infrastructure, and tourism programs designed to affect economic development within the approving county. The following counties will be affected: Taney, Stone, Barry, Ozark, Camden, Miller, and Morgan. The revenue from the tax will be placed in a special trust fund. The governing body of the county will administer the moneys in the fund in the following manner: one-third of the yearly revenue collected will be for tourism, one-third for water quality, and one-third for infrastructure. The Department of Revenue will collect and distribute the retail sales tax to the appropriate county treasurer. All expenditures from the fund will be by appropriation enacted by the governing body of the county. Various programs are described for which money in the fund may be spent. The substitute contains a mechanism to repeal the sales tax if at least 20% of voters of the county submit a proposal to repeal the tax and it is approved by a majority of the voters of the county. TOURISM COMMUNITY ENHANCEMENT DISTRICTS Any county, city, town, or village with a population of less than 100,000 inhabitants is allowed to establish a tourism community enhancement district. The district will be a body corporate and politic of the state and may impose a sales tax of up to 1%. To establish a tourism community enhancement district, a petition setting forth the boundaries, the maximum proposed sales tax, and signatures containing at least 2% of the registered voters of a county, city, town, or village within the proposed district must be filed with the clerk of the county, city, town, or village that includes a majority of the area within the proposed district. If the governing body, following a hearing, decides to establish the proposed district, it must adopt an order or ordinance. Each tourism community enhancement district will have at least 5 directors. The terms, selection, and duties of the directors and other officers are spelled out. The procedures for submitting and implementing a tax proposal to residents of a district are outlined in the substitute. Expenditures from the tourism community enhancement district sales tax will be as follows: (1) 10% of any revenues will be used for education purposes; (2) 10% will be used for senior citizen, youth, or community enhancement purposes within the district; (3) 75% will be used by the board of directors for marketing, advertising, and promotion of tourism; (4) 2% will be distributed among each destination marketing organization located within each school district in the district based upon the amount of sales tax collected within each school district; (5) 2% will be transmitted to the not-for-profit organization conducting and administering the marketing plan within the district; and (6) 1% will be for the collection of the tax (Department of Revenue). The substitute contains procedural provisions for the expansion of a district and board and for the dissolution of a tax or district. TOURISM SUPPLEMENTAL REVENUE FUND Currently and through Fiscal Year 2010, a portion of the increase in state sales taxes collected from the retail sale of tourist-oriented goods and services will be used to determine the amount of increase to the transfer to the Tourism Supplemental Revenue Fund. The amount to be transferred is determined by computing the state sales taxes derived from retail sale of tourist-oriented goods and services from the third year prior to the fourth year prior to the fiscal year the transfer is made. If the increase in the sales taxes is at least 3% more than the fourth prior year, then half of the amount above a 3% increase will be used to determine the amount of increase in the transfer to the fund. Transfers have a $3 million cap in each year. The substitute decreases the 3% to 2% and indexes the $3 million maximum amount of increase to the growth of tourist-oriented sales and services. Sales of tourist-oriented goods and services are those sales by businesses registered with the Department of Revenue under certain SIC Codes or their successors. An inactive SIC Code is removed and replaced with a new SIC Code. FISCAL NOTE: Transfer from General Revenue Fund of $0 in FY 2002, $2,322,430 in FY 2003, and $4,067,850 in FY 2004. Transfer to Tourism Supplemental Revenue Fund of $0 in FY 2002, $2,322,430 in FY 2003, and $4,067,850 in FY 2004. PROPONENTS: Supporters say that tourism is important to the City of Cuba. This will help the city operate a tourism center. Testifying for the bill were Senator Steelman; and City of Cuba. OPPONENTS: There was no opposition voiced to the committee. Robert Triplett, Legislative AnalystCopyright (c) Missouri House of Representatives