A brief filed by the state attorney general says cities cannot circumvent the Hancock Amendment by increasing user fees.
Attorney General Chris Koster filed a brief with the Missouri Supreme Court after State Auditor Susan Montee found cities that were collecting excess utility charges. Those excess utility charges were collected and shifted into the general revenue fund of the cities for other uses.
Koster says the Hancock Amendment is clear, stating that cities cannot avoid a vote to raise taxes for city services by simply increasing utility rates. The state attorney general says the Hancock Amendment says Missouri taxpayers have the right to say when they want their taxes increased and increasing user fees for that purpose is clearly a breach of the law.
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