SECOND REGULAR SESSION
SENATE BILL NO. 988
92ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR STEELMAN.
Pre-filed January 6, 2004, and ordered printed.
TERRY L. SPIELER, Secretary.
3678S.01I
AN ACT
To repeal section 260.273, RSMo, and to enact in lieu thereof two new sections relating to waste tires, with an emergency clause.
Section A. Section 260.273, RSMo, is repealed and two new sections enacted in lieu thereof, to be known as sections 260.273 and 260.279, to read as follows:
260.273. 1. Any person purchasing a new tire may present to the seller the used tire or remains of such used tire for which the new tire purchased is to replace.
2. A fee for each new tire sold at retail shall be imposed on any person engaging in the business of making retail sales of new tires within this state. The fee shall be charged by the retailer to the person who purchases a tire for use and not for resale. Such fee shall be imposed at the rate of fifty cents for each new tire sold. Such fee shall be added to the total cost to the purchaser at retail after all applicable sales taxes on the tires have been computed. The fee imposed, less six percent of fees collected, which shall be retained by the tire retailer as collection costs, shall be paid to the department of revenue in the form and manner required by the department of revenue and shall include the total number of new tires sold during the preceding month. The department of revenue shall promulgate rules and regulations necessary to administer the fee collection and enforcement. The terms "sold at retail" and "retail sales" do not include the sale of new tires to a person solely for the purpose of resale, if the subsequent retail sale in this state is to the ultimate consumer and is subject to the fee.
3. The department of revenue shall administer, collect and enforce the fee authorized pursuant to this section pursuant to the same procedures used in the administration, collection and enforcement of the general state sales and use tax imposed pursuant to chapter 144, RSMo, except as provided in this section. The proceeds of the new tire fee, less four percent of the proceeds, which shall be retained by the department of revenue as collection costs, shall be transferred by the department of revenue into an appropriate subaccount of the solid waste management fund, created pursuant to section 260.330.
4. Up to five percent of the revenue available may be allocated, upon appropriation, to the department of natural resources to be used cooperatively with the department of elementary and secondary education for the purposes of developing educational programs and curriculum pursuant to section 260.342.
5. Up to twenty-five percent of the moneys received pursuant to this section may, upon appropriation, be used to administer the programs imposed by this section. Up to five percent of the moneys received under this section may, upon appropriation, be used for the grants authorized in subdivision (2) of subsection 6 of this section and authorized in section 260.274. All remaining moneys shall be allocated, upon appropriation, for the projects authorized in section 260.276.
6. The department shall promulgate, by rule, a statewide plan for the use of moneys received pursuant to this section to accomplish the following:
(1) Removal of waste tires from illegal tire dumps;
(2) Providing grants to persons that will use products derived from waste tires, or used waste tires as a fuel or fuel supplement; and
(3) Resource recovery activities conducted by the department pursuant to section 260.276.
7. The fee imposed in subsection 2 of this section shall terminate January 1, [2004] 2005.
260.279. In issuing contracts for the performance of any job or service for the removal or clean up of waste tires pursuant to chapter 260, RSMo, the department of natural resources shall, in addition to the requirements of sections 34.073 and 34.076, RSMo, and any other points awarded during the evaluation process, give to any vendor that meets one or more of the following factors a five percent preference and ten bonus points for each factor met:
(1) The bid is submitted by a vendor that has resided or maintained its headquarters or principle place of business in Missouri continuously for the four years immediately preceding the date on which the bid is submitted;
(2) The bid is submitted by a nonresident corporation vendor that has an affiliate or subsidiary that employs at least twenty Missouri residents and has maintained its headquarters or principle place of business in Missouri continuously for the four years immediately preceding the date on which the bid is submitted;
(3) The bid is submitted by a vendor that resides or maintains its headquarters or principle place of business in Missouri and, for the purposes of completing the bid project, employs an average of at least seventy-five percent Missouri residents continuously over the entire term of the project. Such residents shall have resided in the state continuously for at least two years immediately preceding the date on which the bid is submitted. Such vendor shall provide reasonable and reliable verification as to comply with the residency requirements established in this section and shall submit a written claim for preference at the time the bid is submitted;
(4) The bid is submitted by a nonresident vendor that has an affiliate or subsidiary that employs at least twenty Missouri residents and has maintained its headquarters or principle place of business in Missouri, and for the purposes of completing the bid project, employs an average of at least seventy-five percent of Missouri residents continuously over the entire term of the project. Such residents shall have resided in the state continuously for at least two years immediately preceding the date on which the bid is submitted. Such vendor shall provide reasonable and reliable verification as to comply with the residency requirements established in this section and shall submit a written claim for preference at the time the bid is submitted;
(5) The bid is submitted by any vendor that provides written verification that the end use of the tires collected during the project will be for fuel purposes or for the manufacture of a useable good or product.
Section B. Because of the need to preserve Missouri's natural environment, section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section A of this act shall be in full force and effect upon its passage and approval.