The Missouri Department of Revenue has appealed a state Circuit Court decision allowing Jefferson County 911 Dispatch to continue collecting its full 1/2-cent sales tax.
According to court records, the DOR filed its appeal Jan. 8.
Travis Williams, chief of Jefferson County 911, said while he is not surprised, he is disappointed DOR officials are appealing Cole County Judge Patricia Joyce’s Nov. 30 summary judgment in 911’s favor.
Had Joyce ruled against 911, the agency would have seen its primary funding source reduced to a 1/4-cent sales tax.
The 1/2-cent sales tax raised between $7.2 million and $8.2 million per year over a 10-year period ending in 2018, Williams said.
“(DOR) filed an appeal with the Missouri Supreme Court,” Williams said. “It’s disheartening that they’re appealing the judge’s decision. But, we still feel confident in the outcome.”
Joyce handled the case after a change of venue moved it from Jefferson County, where it was originally filed. No further court activities had been scheduled as of Monday.
In November 2019, Jefferson County 911 filed the lawsuit against the DOR, arguing it should be allowed to continue collecting the full 1/2-cent sales tax.
The conflict began when state Sen. Paul Wieland (R-Imperial) added a legislative amendment to Senate Bill 291. The bill went into effect in 2019 and was designed to “clean up” previous legislation intended to expand 911 coverage into underserved parts of the state, according to state publications.
Wieland’s amendment to the bill, however, would have prohibited Jefferson County 911 Dispatch from collecting anything above a 1/4-cent sales tax, even though in April 2019, Jefferson County voters approved 911’s request to continue collecting the 1/2-cent sales tax instead of reducing it by half, as called for in a sunset clause that was part of the sales tax proposal when it was approved in 2009.
In August 2019, after Senate Bill 291 passed with Wieland’s amendment, the DOR announced it would begin collecting a 1/4-cent sales tax for 911, rather than the 1/2-cent tax.
However, 911 filed its lawsuit, and Jefferson County Circuit Judge Joe Rathert issued a temporary restraining order to continue to collect the higher amount and 911 has continued to receive the higher rate.
Officials with 911 and others argue that Wieland’s amendment unfairly singled out the agency since it stipulates that 911 agencies serving counties with a charter form of government and with a population between 200,000 and 350,000 cannot have a sales tax greater than 1/4 cent. Jefferson County is the only county in the state that meets that criteria.
Wieland did not return a call for comment on this story.
Williams said that had Joyce ruled against his agency, it would have affected 911’s ability to provide services in the future.