FIRST REGULAR SESSION
HOUSE BILL NO. 227
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES SWINGER (Sponsor), KUESSNER, WITTE, HARRIS (110),
BROWN (30), WRIGHT, TILLEY, JETTON, PARSON AND ROBINSON (Co-Sponsors).
Read 1st time January 03, 2007 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
To amend chapter 135, RSMo, by adding thereto one new section relating to a tax credit for
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 135, RSMo, is amended by adding thereto one new section, to be
known as section 135.650, to read as follows:
135.650. 1. As used in this section, the following terms mean:
(1) "Storm shelter", an above-ground safe room or an in-ground shelter in or near
the taxpayer's primary residence that protects from injury or death caused by dangerous
and extreme windstorms and that is in compliance with the requirements established in the
Federal Emergency Management Agency's Publication 320 or its successor publication in
effect at the time the storm shelter was completed;
(2) "Tax credit", a credit against the tax otherwise due under chapter 143, RSMo,
excluding withholding tax imposed by sections 143.191 to 143.265, RSMo;
(3) "Taxpayer", any individual subject to the tax imposed in chapter 143, RSMo,
excluding withholding tax imposed by sections 143.191 to 143.265, RSMo.
2. For all taxable years beginning on or after January 1, 2007, a taxpayer shall be
allowed a tax credit for the costs incurred in building a storm shelter on or after January
1, 2003. The tax credit amount shall be equal to the lesser of two thousand dollars or fifty
percent of the incurred costs. The amount of the tax credit issued shall not exceed the
amount of the taxpayer's state tax liability for the tax year for which the credit is claimed.
No amount of credit that the taxpayer is prohibited by this section from claiming in a tax
year shall be refundable, nor shall any tax credit granted under this section shall be
3. The department of revenue may promulgate rules to implement the provisions
of this section. Any rule or portion of a rule, as that term is defined in section 536.010,
RSMo, that is created under the authority delegated in this section shall become effective
only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and,
if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are
nonseverable and if any of the powers vested with the general assembly pursuant to
chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule
are subsequently held unconstitutional, then the grant of rulemaking authority and any
rule proposed or adopted after August 28, 2007, shall be invalid and void.
4. Under section 23.253, RSMo, of the Missouri Sunset Act:
(1) The provisions of the new program authorized under this section shall
automatically sunset 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 twelve years after the effective date of the reauthorization of this
(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.