SB 358 Restructures the board of directors for tourism districts and recalculates the dispersion of sales taxes in those districts
Sponsor: Taylor
LR Number: 1570S.01P Fiscal Note: 1570-01
Committee: Financial & Governmental Organizations and Elections
Last Action: 5/13/2005 - H Calendar S Bills for Third Reading Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2005
House Handler: Richard

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Current Bill Summary


SB 358 - The act raises the minimum number of members of the board of directors in each tourism district to seven.

BOARD SELECTION AND TERM - Three members are selected by the governing body in that district which collected the largest amount of retail sales tax in the year preceding the establishment of the district and shall serve for a term of three years. Two members are selected by the governing body that collected the second largest amount of retail sales tax within the district in the year preceding the establishment of the district and shall serve for two years. In the event that no such place exists in the district, two members are selected by the governing body that collected the largest amount of retail sales tax within the district in the year preceding the establishment of the district. The remaining members shall serve a term of one year each. One member is selected by the governing body which collected the largest amount of retail sales tax within the district in the year preceding the establishment of the district. One member is selected by the governing body of the county that collected the second largest amount. Every member shall either be a resident of the district, own real property in the district, be employed by a business in the district or operate a business in the district.

VACANCIES - Any vacancy in the board is filled in the same way the person who vacated the position was selected within sixty days of the vacancy, and the new person serves the remainder of the term. Should no person be selected in the sixty days, the remaining members of the board shall select a person to serve the remainder of the vacated seat.

OTHER PROVISIONS - If a tourism community enhancement district is already in existence, one additional board member shall be appointed by the governing body that collected the largest amount of retail sales tax in that district in the preceding year. This is a one year appointment. The additional board members are appointed by the second largest collector of retail sales tax for a two year term. Thereafter, all board members shall serve three year terms. The first a second board positions, when expired, are appointed by the governing body that collected the largest amount of retail sales tax. The third and fourth board positions are appointed by the governing body with the second largest amount. The fifth board position is appointed by the governing body which collected the largest amount of retail sales tax within the district in the year preceding the establishment of the district.

The act has a new provision which allows the board, by a majority vote, to submit a tax of not more than one percent on all retail sales except sales of food (as defined in Section 144.014). Other retail sales are already exempted by statute.

The act also allows one percent of the revenues collected from the tax authorized by the act to be held in reserve to be used by the board for the reimbursement or administrative expenses involved with the board's duties listed in the act. Any excess fund from this one percent may be used in the same manner as the following section.

Ninety-eight percent of the revenues collected from the tax shall be used for marketing, advertising and promotion of tourism. The district shall enter into agreements with organizations to promote public relations, tourism and the like for the benefit of the district. Two percent of the revenues may be distributed among each destination marketing organization, located in each school district, for marketing based upon a marketing plan which shall be submitted each year by the marketing organizations located in the district if the marketing plan is approved by the board.

One percent of the revenues collected from the tax may be retained by the Missouri Department of Revenue or any other entity responsible for the collection of sales tax.

This act eliminates the previous calculations for the distribution of revenue collected from the tax. Additionally, members of the board of directors may be removed by a majority vote of the appointing governing body whereas previously it was a two-thirds vote.

ANDY LYSKOWSKI