SECOND REGULAR SESSION

House Concurrent Resolution No. 60

95TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES BROWN (149) (Sponsor), FISHER (125), FLANIGAN, BRANDOM, SUTHERLAND, PRATT, DAY, SILVEY, CUNNINGHAM, KINGERY, LAIR, TILLEY AND WRIGHT (Co-sponsors).

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      Whereas, due to state revenue shortfalls this fiscal year and to maintain cash flow, pay state employees, and run state-funded agencies and institutions, many Missourians may once again face a delay in receiving their income tax refunds from the State of Missouri; and

 

            Whereas, in 2009, the State of Missouri borrowed $325 million from its budget reserve fund and delayed some tax refunds until June 30, 2009, the end of the fiscal year, in order to maintain cash flow, pay state employees, and run state-funded agencies and institutions; and

 

            Whereas, for seven of the last eight years, Missouri has taken money out of the budget reserve fund to meet Missouri's financial obligations; and

 

            Whereas, in 2009, the Department of Revenue reduced the number of temporary employees hired to help process tax returns by more than 50%, further delaying the processing of tax returns and the payment of refunds; and

 

            Whereas, while the State of Missouri needs to maintain the balance between refunds and payments to ensure that there is available funds to pay tax returns, the State of Missouri also needs to process tax returns and pay out refunds in as timely and efficient a manner as possible; and

 

            Whereas, Missouri taxpayer money should not be used as an interest-free loan to the State of Missouri because of cash-flow concerns; and

 

            Whereas, Missouri taxpayers are not given the option of withholding payments for their financial obligations due to "cash-flow concerns", which most Missourians are facing as a result of the recent downturn in the economy; and

 

            Whereas, tax refund moneys are not the property of the State of Missouri. Those moneys belong to individual taxpayers who have overpaid their tax obligation to the state, and as such, those tax refund moneys should be promptly returned to taxpayers or the State of Missouri should pay interest for holding the taxpayers refund moneys beyond 45 days after receipt of a tax return:

 

            Now, therefore, be it resolved that the members of the House of Representatives of the Ninety-fifth General Assembly, Second Regular Session, the Senate concurring therein, hereby direct the Governor to instruct the Department of Revenue to pay interest on any taxpayer refund that is not paid out within 45 days after receipt of a tax return; and

 

            Be it further resolved that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution for Governor Jay Nixon.