Bill Text: MO HB310 | 2011 | Regular Session | Introduced
Bill Title: Establishes the State Authority and Federal Tax Fund Act and reasserts the state's authority under the Tenth Amendment to the United States Constitution
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-02-24 - Referred: Ways and Means (H) [HB310 Detail]
Download: Missouri-2011-HB310-Introduced.html
FIRST REGULAR SESSION
96TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES GATSCHENBERGER (Sponsor), DAVIS, JONES (117) AND RICHARDSON (Co-sponsors).
0052L.02I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 14, RSMo, by adding thereto one new section relating to the State Authority and Federal Tax Fund Act, with an emergency clause.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 14, RSMo, is amended by adding thereto one new section, to be known as section 14.100, to read as follows:
14.100. 1. (1) This section shall be known and may be cited as the "State Authority and Federal Tax Fund Act".
(2) In light of the continuing unconstitutional federal expenditures, the state hereby reasserts its authority under the tenth amendment to the Constitution of the United States.
2. As used in this section, the following terms mean:
(1) "Consumer tax", any tax imposed by the federal government on any beer, liquor, wine, or similar alcoholic beverage, tobacco, gasoline, or any other consumer goods;
(2) "Director", the director of the department of revenue;
(3) "Excise tax", any tax that forms a component of the State Highway Account;
(4) "Federal Tax Fund", the fund created in this section;
(5) "Income tax", any tax imposed by the federal government on incomes from whatever source derived and shall include but not be limited to all income, withholding, payroll, Social Security, Medicare and unemployment taxes;
(6) "Person", natural persons, corporations, partnerships, limited liability companies, associations, and other legal entities.
3. (1) There is hereby created in the state treasury the "Federal Tax Fund", which shall consist of moneys collected under this section. The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer shall approve disbursements as provided in this section. Upon appropriation, money in the fund shall be used solely for the administration of this section. Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the general revenue fund. Moneys accruing to and deposited in the designated funds shall not be part of total state revenues as defined in section 17, article X, Constitution of Missouri, and the expenditure of such revenues shall not be an expense of state government under section 20, article X, Constitution of Missouri.
(2) All federal tax moneys collected by the state on behalf of the federal government shall be deposited by the director into the federal tax fund. The treasurer shall disburse the funds on a quarterly basis, less any interest earned on the deposits, to the respective appropriate federal recipient.
4. Any person liable for any federal excise, income, or consumer tax shall remit the tax when due along with the federal taxpayer number to the director for deposit into the federal tax fund. All moneys collected under this subsection shall be transmitted to the director who, as a fiduciary agent, shall credit the funds to the federal tax fund on behalf of the person who remitted the tax. The director shall submit to the Internal Revenue Service the names and tax identification numbers of, and the date on which and amounts deposited by, persons liable for any federal excise, income, or consumer tax so that the Internal Revenue Service can credit the state's taxpayers for federal tax obligations. Any person liable for any federal excise, income, or consumer tax who fails to forward federal tax moneys to the director shall be subject to penalties assessed under applicable federal or state statutes.
5. The general assembly, by simple majority vote in both houses, shall determine how the moneys transferred from the federal tax fund to the general fund, including accrued interest, shall be used for the benefit of the people of the state. Such moneys shall be used for the benefit of the people of this state only.
6. (1) If, as a result of any state action taken under the authority of this section, the federal government denies any matching funds or grants or imposes or mandates any other financial sanctions, penalties, or withholding of funds effecting a financial cost to the state, the state treasurer shall withhold quarterly disbursements as provided in subdivision (3) of this subsection.
(2) If the federal government imposes sanctions of any kind on the state for failing to enact legislation called for by federal mandate, the general assembly shall consider the constitutionality of such mandate by concurrent resolution. If the general assembly determines the federal government is operating beyond the scope of its constitutionally delegated powers, and is therefor operating unconstitutionally, the general assembly shall disapprove of such actions by the federal government by concurrent resolution adopted by a majority vote of each chamber of the general assembly, and shall present such concurrent resolution to the state attorney general, who shall send written notice to the state treasurer that the treasurer shall begin withholding disbursements under subdivision (3) of this subsection in accordance with the concurrent resolution of the general assembly. If the federal government denies any matching funds or grants or imposes or mandates any other financial sanctions, penalties, or withholding of funds effecting a financial cost to the state while the general assembly is not in session, the governor shall convene the general assembly in special session for the sole purpose of considering the actions of the federal government under this subdivision.
(3) Upon the denial of any matching funds or grants or the imposition or mandate of any other financial sanctions, penalties, or withholding of funds effecting a financial cost to the state by the federal government, or upon receiving notice of the general assembly's determination under subdivision (2) of this subsection, the state treasurer shall withhold from payment all or part of the quarterly disbursement normally disbursed or transferred to the appropriate federal recipient, per occurrence, an amount equal to the total cumulative outstanding amount of the federal denial of matching funds or grants or financial sanctions, penalties, or withholding of funds. The state treasurer shall continue to withhold all or part of the quarterly disbursement or transfer not otherwise disbursed or transferred to the respective appropriate federal recipients until the total cumulative amount withheld from the federal government is equal to the total cumulative outstanding amount of federal denial of matching funds or grants or financial sanctions, penalties, or withholding of funds.
(4) Per occurrence, when the general assembly has been duly notified in writing by the federal government that the federal government has terminated any denial of any matching funds or grants or any imposition or mandate of any other financial sanctions, penalties, or withholding of funds effecting a financial cost to the state, the state treasurer shall resume disbursements under this section at the end of the calendar quarter immediately following such notice by the federal government.
7. In compliance with the oath or affirmation clause found in Article VI, Constitution of the United States, the governor, lieutenant governor, members of the general assembly, judges, attorney general, secretary of state, state auditor, state treasurer, director, and all other state officers and employees shall implement this section regardless of any sanctions, threats, court action, or other pressure brought to bear by federal authorities. Any actions by the federal government, its agencies or agents, or the Congress of the United States against any person in this state for compliance with this section shall be considered an action against this state, and this state shall make an appropriate response to cause the action to cease and desist. This state shall take all necessary measures to recover from the federal government, its agencies, or agents, or the Congress of the United States, the reasonable costs of defending the action.
8. This section shall apply to federal taxes collected after the effective date of this section and, because the Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land, as provided in Article VI, Constitution of the United States, this section shall be enforced retroactively to repeal any unconstitutional federal mandates that have been imposed on the state.
Section B. Because immediate action is necessary to enable the residents of this state to retain the benefits from tax revenues derived from the people of this state, 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.
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