Bill Text: MO HB2092 | 2010 | Regular Session | Introduced
Bill Title: Establishes the Second Amendment Sales Tax Holiday which authorizes an annual state sales and use tax holiday on retail purchases of certain firearms
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-14 - Referred: Tax Reform (H) [HB2092 Detail]
Download: Missouri-2010-HB2092-Introduced.html
SECOND REGULAR SESSION
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES FRAME (Sponsor), CASEY, ATKINS, WEBB, MEADOWS, FALLERT AND KOMO (Co-sponsors).
3924L.02I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 144, RSMo, by adding thereto one new section relating to a sales tax holiday.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 144, RSMo, is amended by adding thereto one new section, to be known as section 144.066, to read as follows:
144.066. 1. This section shall be known and may be cited as the "Second Amendment Sales Tax Holiday".
2. As used in this section, the following terms mean:
(1) "Firearm", any handgun, rifle, or shotgun that has been manufactured in the United States;
(2) "Handgun", any weapon that is designed or adapted to expel a projectile by the action of an explosive and is designed to be fired from the hand, but shall not be construed to mean any firearm generally recognized or classified as an antique, curio, or relic firearm, or any that does not fire fixed cartridges;
(3) "Rifle", any firearm designed or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed metallic cartridge to fire a projectile through a rifled bore by a single function of the trigger;
(4) "Shotgun", any firearm designed or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed shotgun shell to fire a number of shots or a single projectile through a smooth bore barrel by a single function of the trigger.
3. In each year beginning on or after January 1, 2010, there is hereby specifically exempted from state sales tax law all retail sales of all firearms, during the period beginning at 12:01 a.m. on the fourth Friday in November and ending at midnight on the Saturday following.
4. The governing body of any political subdivision may, by order or ordinance, establish a local second amendment sales tax holiday as provided in this section and exempt all such retail sales of firearms within the political subdivision from any sales tax levied by the political subdivision. After adopting an order or ordinance establishing the sales tax holiday, the political subdivision may rescind the ordinance or order. A political subdivision shall notify the department of revenue no less than thirty calendar days before the beginning date of the local second amendment sales tax holiday occurring in that year of any ordinance or order establishing such sales tax holiday, and before rescinding any ordinance or order establishing the sales tax holiday.
5. This section shall not apply to any retailer when less than two percent of the retailer's merchandise offered for sale qualifies for the sales tax holiday. The retailer shall offer a sales tax refund in lieu of the sales tax holiday.
6. Under section 23.253 of the Missouri sunset act:
(1) The provisions of the new program authorized under this section shall automatically sunset on December thirty-first six years after the effective date of this section unless reauthorized by an act of the general assembly; and
(2) If such program is reauthorized, the program authorized under this section shall automatically sunset on December thirty-first twelve years after the effective date of the reauthorization of this section; and
(3) This section shall terminate on September first of the calendar year immediately following the calendar year in which the program authorized under this section is sunset.
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