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Title X TAXATION AND REVENUE

Chapter 143

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  143.1007.  Missouri public health services fund, tax refund may be designated — director of revenue duties. — 1.  For all tax years beginning on or after January 1, 2006, each individual or corporation entitled to a tax refund in an amount sufficient to make an irrevocable designation under this section may designate that any amount, on a single or a combined return, of the refund due be credited to the Missouri public health services fund* established in section 192.900.  The director of revenue shall establish a method that allows the contribution designations authorized by this section to be indicated on the first page of each income tax return form provided by this state.  The method may allow for a separate instruction list for the tax return that lists each authorized contribution designation.  If any individual or corporation which is not entitled to a tax refund in an amount sufficient to make a designation under this section wishes to make a contribution to the fund, such individual or corporation may, by separate check, draft, or other negotiable instrument, send in with the payment of taxes, or may send in separately, that amount, clearly designated for the fund, and the department of revenue shall forward such amount to the state treasurer for deposit to the designated fund as provided in this section.

  2.  The director of revenue shall transfer at least monthly all contributions designated by individuals under this section to the state treasurer for deposit to the designated fund.

  3.  The director of revenue shall transfer at least monthly all contributions designated by corporations under this section, less one percent of the amount in the fund at the time of the transfer for the cost of collection and handling by the department of revenue, to be deposited in the state's general revenue fund, to the state treasurer for deposit to the designated fund.

  4.  A contribution designated under this section shall only be transferred and deposited in the designated fund after all other claims against the refund from which such contribution is to be made have been satisfied.

  5.  The moneys transferred and deposited under this section shall be administered by the department of health and senior services, and shall be used solely for the following purposes:

  (1)  To provide information on cervical cancer, early detection, testing, and prevention to the public and health care providers in this state;

  (2)  To collect statistical information on cervical cancer, including but not limited to age, ethnicity, region, and socioeconomic status of women in this state; and

  (3)  To provide services and funding for early detection, testing, and prevention of cervical cancer.

  6.  Not more than twenty percent of the moneys collected under this section shall be used for the costs of administering this section.  Not more than thirty percent of the moneys collected under this section shall be used for the purposes listed in subdivision (1) of subsection 5 of this section.  Not more than fifty percent of the moneys collected under this section shall be used for the purposes listed in subdivision (3) of subsection 5 of this section.

  7.  The directors of revenue and the department of health and senior services are authorized to promulgate rules and regulations necessary to administer and enforce this section.  Any rule or portion of a rule, as that term is defined in section 536.010, 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 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 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, 2006, shall be invalid and void.

  **8.  The director of the department of health and senior services shall determine no later than January 31, 2010, whether moneys sufficient to carry out the provisions of this section have been transferred and deposited under this section.  Upon a determination that insufficient moneys have been transferred and deposited under this section, this section shall expire on February 1, 2010, and any moneys remaining in the fund established in this section shall be used solely for existing cancer programs administered by the department of health and senior services.  The director shall notify the revisor of statutes upon such determination that this section has expired.

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(L. 2006 H.B. 1440)

*Words "public services health fund" appear in original rolls.

**Contingent expiration date

**Revisor's Note:  The Revisor of Statutes had not received notification under this section as of the date of the general republication of the Revised Statutes of Missouri in 2016.

CROSS REFERENCE:

Missouri public health services fund, 192.900


---- end of effective   28 Aug 2006 ----

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