12 CSR 10-7.320
Adjustments to the Distribution of Funds Allocated Pursuant to Article IV, Section 30(a) of the Missouri Constitution as Referenced in Section 142.345, RSMo
PURPOSE: This rule explains the information required from each
city, town, or village if there is a change in its population as a
result of an adjustment to its population by the United States
Census Bureau or as a result of an annexation or consolidation.
(1) The population used for the distribution of motor fuel tax
pursuant to Article IV, Section 30(a)1(2), shall be the latest
federal decennial census.
(2) In the event that the latest census is amended by the
United States Census Bureau due to a correction in the census,
the Department of Revenue shall amend the population for
distribution purposes under the following conditions:
(A) Notification of the correction to the last federal decennial
census shall be received from the city, town, or village which is
affected by the correction in the census;
(B) The notification of the population change shall be
accompanied by the official written notification from the
United States Census Bureau;
(C) If the adjustment redistributes the total population
within the state, the population of those cities, towns, or
villages affected shall be indicated; and
(D) If the adjustment changes the total population of the
state and the population of the city, town, or village, the notice
shall indicate the adjustment to the total population and to the
city, town, or village affected.
(3) Upon receipt of the official written notification, the
department shall adjust the population figures prospectively.
(4) For adjustments to the population as a result of annexation
or consolidation—
(A) Each city, town, or village shall file with the director
a certified copy of the annexation election results or a
certified copy of the ordinance approving the annexation or
consolidation;
(B) The city, town, or village shall also file with the director
official written notification from the United States Census
Bureau of the population in the annexed or consolidated area,
as shown by the last federal decennial census;
(C) The official written notification shall also indicate which
city, town, village or unincorporated area lost population as a
result of the annexation or consolidation; and
(D) If the director of revenue receives notification before
the fifteenth day of the month, the tax imposed by section (4)
shall be distributed and allocated using the new information
beginning with the next distribution. If notification is received
after the fifteenth day of the month, the tax imposed by
section (4) shall be distributed and allocated using the new
information beginning with the second distribution following
receipt of the notification by the director.
AUTHORITY: sections 136.120 and 144.705, RSMo 2016.* Original
rule filed March 4, 1991, effective July 8, 1991. Amended: Filed July
25, 2023, effective March 30, 2024.
*Original authority: 136.120, RSMo 2016, and 144.705, RSMo 1959.