hb1431i-Introduced Bill Text
SECOND REGULAR SESSION
HOUSE BILL NO. 1431
91ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE SCHEVE.
Read 1st time January 10, 2002, and 1000 copies ordered printed.
TED WEDEL, Chief Clerk
To repeal section 137.115, RSMo, and to enact in lieu thereof one new section relating to the assessment of real property,
with an effective date.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 137.115, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section
137.115, to read as follows:
137.115. 1. All other laws to the contrary notwithstanding, the assessor or the assessor's deputies in all counties of this
state including the city of St. Louis shall [annually] make a quadrennial list of all real property and an annual list of all
tangible personal property taxable in the assessor's city, county, town or district. Except as otherwise provided in
subsection 3 of this section, the assessor shall [annually] quadrennially assess all personal property at thirty-three and
one-third percent of its true value in money as of January first of each calendar year. The assessor shall annually assess all
real property, including any new construction and improvements to real property, and possessory interests in real property
at the percent of its true value in money set in subsection 5 of this section. The assessor shall annually assess all real
property in the following manner: new assessed values shall be determined as of January first of [each odd-numbered]
every fourth year and shall be entered in the assessor's books; those same assessed values shall apply in the following
[even-numbered year] three years, except for new construction and property improvements which shall be valued as
though they had been completed as of January first of the [preceding odd-numbered] year in which the assessor has made
the most recent determination of newly assessed values. The assessor may call at the office, place of doing business, or
residence of each person required by this chapter to list property, and require the person to make a correct statement of all
taxable real property in the county owned by the person, or under his or her care, charge or management, and all taxable
tangible personal property owned by the person or under his or her care, charge or management, taxable in the county. On
or before January first of [each even-numbered year] the first year of the four-year period in which the newly assessed
values apply, the assessor shall prepare and submit a [two-year] four-year assessment maintenance plan to the county
governing body and the state tax commission for their respective approval or modification. The county governing body
shall approve and forward such plan or its alternative to the plan to the state tax commission by February first. If the
county governing body fails to forward the plan or its alternative to the plan to the state tax commission by February first,
the assessor's plan shall be considered approved by the county governing body. If the state tax commission fails to approve
a plan and if the state tax commission and the assessor and the governing body of the county involved are unable to resolve
the differences, in order to receive state cost-share funds outlined in section 137.750, the county or the assessor shall
petition the administrative hearing commission, by May first, to decide all matters in dispute regarding the assessment
maintenance plan. Upon agreement of the parties, the matter may be stayed while the parties proceed with mediation or
arbitration upon terms agreed to by the parties. The final decision of the administrative hearing commission shall be
subject to judicial review in the circuit court of the county involved. In the event a valuation of subclass (1) real property
within any county of the first classification with a charter form of government, or within a city not within a county, is made
by a computer, computer-assisted method or a computer program, the burden of proof, supported by clear, convincing and
cogent evidence to sustain such valuation, shall be on the assessor at any hearing or appeal. In any such county, unless the
assessor proves otherwise, there shall be a presumption that the assessment was made by a computer, computer-assisted
method or a computer program. Such evidence shall include, but shall not be limited to, the following:
(1) The findings of the assessor based on an appraisal of the property by generally accepted appraisal techniques; and
(2) The purchase prices from sales of at least three comparable properties and the address or location thereof. As used in
this paragraph, the word "comparable" means that:
(a) Such sale was closed at a date relevant to the property valuation; and
(b) Such properties are not more than one mile from the site of the disputed property, except where no similar properties
exist within one mile of the disputed property, the nearest comparable property shall be used. Such property shall be within
five hundred square feet in size of the disputed property, and resemble the disputed property in age, floor plan, number of
rooms, and other relevant characteristics.
2. Assessors in each county of this state and the city of St. Louis may send personal property assessment forms through the
3. The following items of personal property shall each constitute separate subclasses of tangible personal property and
shall be assessed and valued for the purposes of taxation at the following percents of their true value in money:
(1) Grain and other agricultural crops in an unmanufactured condition, one-half of one percent;
(2) Livestock, twelve percent;
(3) Farm machinery, twelve percent;
(4) Motor vehicles which are eligible for registration as and are registered as historic motor vehicles pursuant to section
301.131, RSMo, and aircraft which are at least twenty-five years old and which are used solely for noncommercial purposes
and are operated less than fifty hours per year or aircraft that are home built from a kit, five percent;
(5) Poultry, twelve percent; and
(6) Tools and equipment used for pollution control and tools and equipment used in retooling for the purpose of
introducing new product lines or used for making improvements to existing products by any company which is located in a
state enterprise zone and which is identified by any standard industrial classification number cited in subdivision (6) of
section 135.200, RSMo, twenty-five percent.
4. The person listing the property shall enter a true and correct statement of the property, in a printed blank prepared for
that purpose. The statement, after being filled out, shall be signed and either affirmed or sworn to as provided in section
137.155. The list shall then be delivered to the assessor.
5. All subclasses of real property, as such subclasses are established in section 4(b) of article X of the Missouri
Constitution and defined in section 137.016, shall be assessed at the following percentages of true value:
(1) For real property in subclass (1), nineteen percent;
(2) For real property in subclass (2), twelve percent; and
(3) For real property in subclass (3), thirty-two percent.
6. Manufactured homes, as defined in section 700.010, RSMo, which are actually used as dwelling units shall be assessed
at the same percentage of true value as residential real property for the purpose of taxation. The percentage of assessment
of true value for such manufactured homes shall be the same as for residential real property. If the county collector cannot
identify or find the manufactured home when attempting to attach the manufactured home for payment of taxes owed by
the manufactured home owner, the county collector may request the county commission to have the manufactured home
removed from the tax books, and such request shall be granted within thirty days after the request is made; however, the
removal from the tax books does not remove the tax lien on the manufactured home if it is later identified or found. A
manufactured home located in a manufactured home rental park, rental community or on real estate not owned by the
manufactured home owner shall be considered personal property. A manufactured home located on real estate owned by
the manufactured home owner may be considered real property.
7. Each manufactured home assessed shall be considered a parcel for the purpose of reimbursement pursuant to section
137.750, unless the manufactured home has been converted to real property in compliance with section 700.111, RSMo,
and assessed as a realty improvement to the existing real estate parcel.
8. Any amount of tax due and owing based on the assessment of a manufactured home shall be included on the personal
property tax statement of the manufactured home owner unless the manufactured home has been converted to real property
in compliance with section 700.111, RSMo, in which case the amount of tax due and owing on the assessment of the
manufactured home as a realty improvement to the existing real estate parcel shall be included on the real property tax
statement of the real estate owner.
9. The assessor of each county and each city not within a county shall use the trade-in value published in the October issue
of the National Automobile Dealers' Association Official Used Car Guide, or its successor publication, as the
recommended guide of information for determining the true value of motor vehicles described in such publication. In the
absence of a listing for a particular motor vehicle in such publication, the assessor shall use such information or
publications which in the assessor's judgment will fairly estimate the true value in money of the motor vehicle.
10. If the assessor increases the assessed valuation of any parcel of subclass (1) real property by more than seventeen
percent since the last assessment, excluding increases due to new construction or improvements, then the assessor shall
conduct a physical inspection of such property.
Section B. Section A of this act shall become effective on January 1, 2003.
Missouri House of Representatives