Chapter 620 Department of Economic Development

620.2457 - Grant application and award information to be posted on website.

Steven Groce, Attorney Advertisement

By June thirtieth of each year, the department of economic development shall publish on its website and provide to the general assembly:

(1)A list of all applications for grants under sections 620.2450 to 620.2458 received during the previous year and, for each application:

(a)The results of any quantitative weighting scheme or scoring system the department of economic development used to award grants or rank the applications;

(b)The grant amount requested;

(c)The grant amount awarded, if any;

(2)All written challenges.

(L. 2018 H.B. 1456 merged with H.B. 1872)

Sunset date 8-28-21

Termination date 9-01-22

620.638 - Definitions.

As used in sections 620.635 to 620.653, the following terms mean:

(1)"Committed contributions", the total amount of qualified contributions that are committed to a qualifying fund by contractual agreement;

(2)"Corporation", the Missouri technology corporation as established pursuant to section 348.251;

(3)"Department", the department of economic development;

(4)"Director", the director of the department of economic development;

(5)"Follow-up capital", capital provided to a qualified business in which a qualified fund has previously invested seed capital or start-up capital.No more than forty percent of the qualified contributions to a qualified fund may be used for follow-up capital, and no qualified contributions which generate tax credits before the second round of allocations as authorized by section 620.650 shall be used for follow-up capital investments;

(6)"Person", any individual, corporation, partnership, limited liability company or other entity, including any charitable organization which is exempt from federal income tax and whose Missouri unrelated business taxable income, if any, would be subject to the state income tax imposed under chapter 143;

(7)"Positive cash flow", total cash receipts from sales or services, but not from investments or loans, exceeding total cash expenditures as calculated on a fiscal year basis;

(8)"Qualified business", any independently owned and operated business which is headquartered and located in Missouri and which is involved in or intends to be involved in commerce for the purpose of manufacturing, processing or assembling products, conducting research and development, or providing services in interstate commerce.Such a business shall maintain its headquarters in Missouri for a period of at least three years from the date of receipt of a qualified investment or be subject to penalties pursuant to section 620.017;

(9)"Qualified contribution", cash contributions to a qualified fund pursuant to the terms of contractual agreements made between the qualified fund and a qualified economic development organization authorized by the corporation to enter into such contracts;

(10)"Qualified economic development organization", any corporation organized pursuant to the provisions of chapter 355 that, as of January 1, 1991, had obtained a contract with the department to operate an innovation center to promote, assist and coordinate the research and development of new services, products or processes in this state;

(11)"Qualified fund", a fund established by any corporation, partnership, joint venture, unincorporated association, trust or other organization established pursuant to the laws of Missouri and approved by the corporation;

(12)"Qualified investment", any investment of seed capital, start-up capital or follow-up capital in a qualified business that does not cause more than ten percent of all the qualified contributions to a qualified fund to be invested in a single qualified business;

(13)"Seed capital", capital provided to a qualified business for research, development and precommercialization activities to prove a concept for a new product, process or service, and for activities related thereto; provided that, seed capital shall not be provided to any business which in a past fiscal year has experienced a positive cash flow;

(14)"Start-up capital", capital provided to a qualified business for use in preproduction product development, service development or initial marketing thereof; provided that, start-up capital shall not be provided to any business which has experienced a positive cash flow in a past fiscal year;

(15)"Uninvested capital", that portion of any qualified contribution to a qualified fund, other than management fees not to exceed three percent per year of committed contributions, qualified investments and other expenses or fees authorized by the corporation, that is not invested as a qualified investment within ten years of its receipt.

(L. 1999 S.B. 518 § 2, A.L. 2007 1st Ex. Sess. H.B. 1, A.L. 2011 H.B. 464)

620.465 - Powers of division.

The division of tourism shall have the following powers*:

(1)To formulate a program for the promotion of tourism in Missouri, including the promotion of our state parks, fishing and hunting areas, historical shrines, vacation regions and areas of historic or scenic interest;

(2)To cooperate with civic groups and local, state and federal departments and agencies, and agencies and departments of other states in encouraging educational tourism and developing programs therefor;

(3)To publish tourist promotional material such as brochures and booklets;

(4)To promote tourism in Missouri by articles and advertisements in magazines, newspapers, radio, television and travel publications and by establishing promotional exhibitions at travel shows and similar exhibitions;

(5)To establish and maintain travel offices at major points of entry to the state;

(6)To accept any grant of funds made to it for the promotion of tourism in Missouri;

(7)To do such other acts as shall, in the judgment of the division, be necessary and proper in carrying out the purposes of sections 620.450 to 620.465.

(L. 1967 p. 368 § 4)

*Section 620.010 transferred all powers, duties and functions vested in the tourism commission to the tourism division, by type III transfer, department of economic development.

620.582 - Definitions.

As used in sections 620.580 to 620.592, the following terms mean:

(1)"Act", the national and community service act of 1990, as amended;

(2)"Commission", the Missouri community service commission created by sections 620.580 to 620.592;

(3)"Community service programs", the performance of tasks designed primarily to address educational, public safety, human, or environmental needs at a local, regional, state, or multistate level;

(4)"Corporation", the corporation for national and community service authorized by the act;

(5)"National service laws", the act and other federal legislation that authorizes or may authorize community service activities in states;

(6)"National service position", a placement in a community service program whereby an individual may earn an educational award, as authorized by the act.

(L. 2011 H.B. 464)

620.586 - Commission members, terms, expenses, officers, meetings.

1.The commission shall include at least fifteen, but no more than nineteen, voting members appointed by the governor with the advice and consent of the senate.The commission shall include the following voting members:

(1)A representative of local government;

(2)The commissioner of the department of elementary and secondary education or the designee of such person;

(3)An individual with experience in promoting the involvement of older adults in service and volunteerism;

(4)A representative of a national service program;

(5)An individual with expertise in the educational, training, and development needs of youth, particularly disadvantaged youth;

(6)An individual between the ages of sixteen and twenty-five years who is a participant in or supervisor of a service program for school-age youth, or a campus-based or national service program;

(7)A representative of community-based agencies or organizations in the state;

(8)A representative of labor organizations;

(9)A member representing the business community;

(10)The lieutenant governor or his or her designee;

(11)A representative of the volunteer sector; and

(12)Between four and eight other members, appointed by the governor, provided that no more than twenty percent of the voting members are officers or employees of the state, and provided further that not more than fifty percent plus one of the voting members of the commission are members of the same political party.

2.The commission shall include at least one nonvoting, ex officio member who shall be a representative from the corporation for national and community service.The governor may appoint any number of other nonvoting, ex officio members who shall serve at the pleasure of the governor.

3.Appointments to the commission shall reflect the race, ethnicity, age, gender, and disability characteristics of the population of the state as a whole.

4.Voting members shall serve renewable terms of three years, except that of the first members appointed, one-third shall serve for a term of one year, one-third shall serve for a term of two years, and one-third shall serve for a term of three years.If a commission vacancy occurs, the governor shall appoint a new member to serve for the remainder of the unexpired term.Vacancies shall not affect the power of the remaining members to execute the commission's duties.

5.The members of the commission shall receive no compensation for their services on the commission, but shall be reimbursed for ordinary and necessary expenses incurred in the performance of their duties.

6.The voting members of the commission shall elect one of their members to serve as chairperson of the commission.The voting members may elect such other officers as deemed necessary.

7.The commission shall meet at least quarterly.

(L. 2011 H.B. 464)

620.2453 - Application, contents.

An eligible applicant shall submit an application to the department of economic development on a form prescribed by the department.An application for a grant under sections 620.2450 to 620.2458 shall include the following information:

(1)A description of the project area;

(2)A description of the kind and amount of broadband internet infrastructure that is proposed to be deployed;

(3)Evidence demonstrating the unserved or underserved nature of the project area;

(4)The number of households that would have new access to broadband internet service, or whose broadband internet service would be upgraded, as a result of the grant;

(5)A list of significant community institutions that would benefit from the proposed grant;

(6)The total cost of the proposal and the timeframe in which it will be completed;

(7)A list identifying sources of funding or in-kind contributions, including government funding, that would supplement any awarded grant; and

(8)Any other information required by the department of economic development.

(L. 2018 H.B. 1456 merged with H.B. 1872)

Sunset date 8-28-21

Termination date 9-01-22

620.030 - Department's authority to contract with certain entities and organizations for technology and technology development services.

The department of economic development shall have the authority to contract directly with the Missouri technology corporation, as established in section 348.251, innovation centers, as established in section 348.271, small business development centers, as established in sections 620.1000 to 620.1007, centers for advanced technology, as established in section 348.272, and other entities or organizations for the provision of technology application, technology commercialization and technology development services.Such contracting procedures shall not be subject to the provisions of chapter 34.

(L. 1997 2d Ex. Sess. S.B. 1)

Effective 12-23-97

620.020 - Business relocating outside state to be furnished information and alternatives on request.

Upon the request of the president or chief executive officer of a Missouri based business, the department of economic development shall, to the maximum extent practicable, gather information from the business if it is likely to significantly reduce the number of persons employed in a city or county by ceasing to operate, relocating outside of the state, or significantly reducing the number of its active employees.The department of economic development shall:

(1)Develop and suggest alternatives to prevent a significant reduction in the number of persons employed in a city or county or to mitigate the economic effects of such a reduction;

(2)Assist interested parties in determining if employee ownership of a business is feasible and would prevent a significant reduction in the number of employees in a city or county;

(3)Assist in implementing alternatives developed pursuant to subdivisions (1) and (2) of this section;

(4)Gather information from each such business which significantly reduces the number of persons employed in a city or county by ceasing operation, relocating outside of the state, or significantly reducing the number of its active employees.Such information will describe resources, programs, or services, the availability of which would likely have prevented such a reduction in employment.

(L. 1986 S.B. 426 § 6)

620.1053 - Deposit of funds, interest — control of account — use of funds.

All amounts set aside by the financial institution, collected from the borrower and contributed by the department shall be deposited by the institution into a program loss reserve account established at a location in Missouri where the institution operates.The money deposited in this account shall bear interest at a rate at least equal to the institution's rate on the lower of passbook savings accounts, NOW accounts or interest-bearing checking accounts.The program loss reserve account for any financial institution shall be maintained by such institution but shall be the property of and under the control of the department of economic development of the state of Missouri.The program loss reserve account shall be dedicated and may only be used to cover losses on loans made pursuant to sections 620.1045 to 620.1063.All earnings, whether interest or other earnings, on any program loss reserve account shall be credited to the program loss account.At the end of each quarter, any accumulated interest on any program loss account shall be sent to the department for deposit in the Missouri capital access program fund which is created in section 620.1055.

(L. 1994 H.B. 1248 & 1048 § 4)

620.592 - Fund created, use of moneys — annual report.

1.There is hereby created in the state treasury the "Community Service Commission Fund".The state treasurer shall deposit to the credit of the fund all moneys which may be appropriated to it by the general assembly and also any gifts, contributions, grants, bequests, or other aid received from federal, private, or other sources.The general assembly may appropriate moneys into the fund for the support of the commission and its activities.Notwithstanding the provisions of section 33.080 to the contrary, moneys in the fund shall not revert to the credit of the general revenue fund at the end of the biennium.

2.The commission shall submit an annual report of its activities to the speaker of the house of representatives, the president pro tem of the senate, and the governor before January thirty-first of each year.

(L. 2011 H.B. 464)

620.171 - Export development office created, purpose — powers and duties.

1.There is hereby created within the department of economic development the "Missouri Export Development Office".The office shall work to expand job opportunities of Missouri's work force by increasing the export of Missouri industrial, commercial or manufactured goods and services of small and medium-sized businesses through the provision of information, technical assistance, and other export trade assistance.

2.The Missouri export development office shall have the power and authority to carry out the following functions:

(1)Coordinate to the maximum extent possible the efforts of the office with programs and goals of the United States export-import bank, the foreign credit insurance association, and other private and public programs designed to provide export assistance and export-related financing;

(2)Establish a network of contacts between those public and private organizations which provide information, technical assistance, financial support of exporting, and other export trade activities;

(3)Assemble, publish and disseminate information to Missouri exporters on export opportunities, techniques of exporting, sources of public and private export assistance, and sources of export-related financing;

(4)Provide individual small and medium-sized businesses with information and technical assistance related to exporting and export financing;

(5)Participate with governments or private industry in programs for technical assistance, technology transfer or other export trade activities;

(6)Undertake or commission studies or methods to increase financial resources to expand the export of Missouri goods and services;

(7)Work in conjunction with the Missouri department of agriculture in the referral of potential exporters of agricultural commodities to the board for the securing of export-related financing;

(8)Issue an annual report explaining the program, its needs and recommended changes.The report shall include an evaluation of the following:

(a)Participation of financial institutions in export financing programs;

(b)Export volume of Missouri firms which provide such information to the export development office;

(c)Access of small and medium-sized businesses to export financing programs.

(L. 1989 H.B. 378 §§ 13, 14)

620.3250 - Boots-to-business program, veteran-owned small businesses — assignment of a mentor — rulemaking authority.

1.Any veteran who receives a small business loan through the state treasurer's linked deposit program set forth in sections 30.750 to 30.765 shall also be subject to the provisions of this section.

2.After receiving a loan from an eligible lending institution, as that term is defined in subdivision (10) of section 30.750*, the owner of a veteran-owned small business shall complete a boots-to-business program that is approved by the department.

3.After receiving a loan from an eligible lending institution, as that term is defined in subdivision (10) of section 30.750*, the owner of a veteran-owned small business will be assigned a mentor for the three hundred sixty-five days following the date of approval.The owner shall meet with his or her mentor at least once every ninety days.

4.The department may adopt rules in establishing or approving boots-to-business programs under subsection 2 of this section and mentor programs under subsection 3 of this section.

5.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, 2018, shall be invalid and void.

(L. 2018 H.B. 1503 merged with S.B. 573)

*Section "37.750" appears in original rolls, which does not exist.

620.500 - Small business assistance office established in department — regional offices — staff duties.

1.There is created within the department of economic development a "Small Business Assistance Office" which shall establish regional business assistance offices which shall be one-stop guidance centers for entrepreneurs.Such business assistance offices may be located in each geographic region of the state, subject to appropriation of funding by the general assembly.Where possible, each business assistance office shall be located in conjunction with a small business development center, a regional planning commission as defined in chapter 251, or other existing agency or organization performing economic development functions.

2.The small business assistance office's regional offices shall:

(1)Provide a focal point and assist and counsel small businesses in their dealings with federal, state and local governments, including but not limited to providing ready access to information regarding government requirements which affect small business;

(2)Analyze current legislation and regulation as it affects small business within its region for the purpose of determining methods of elimination or simplification of unnecessary regulatory requirements;

(3)Assist small businesses within its region in obtaining available technical and financial assistance;

(4)Initiate and encourage small business education programs, including programs in cooperation with various public and private educational institutions;

(5)Foster participation of small businesses in the procurement activities of the state by providing a guide for businesses on the purchasing procedures and practices of state agencies, assisting the state agencies in developing a comprehensive list of small businesses capable of providing materials, supplies, equipment or contractual services to the state, and advising state agencies with respect to methods for simplifying procurement forms and procedures and other methods for increasing small business participation;

(6)Receive complaints and recommendations concerning policies and activities of federal, state and local governmental agencies which affect small businesses, and develop, in cooperation with the agency involved, proposals for changes in policies or activities to alleviate any unnecessary adverse effects to small business within its region or throughout the state;

(7)Establish and operate a separate and distinct "business permit system", which shall provide comprehensive information on the federal, state and local requirements necessary to begin a small business and make this information available to the public;

(8)Make recommendations regarding business paperwork requirements and simplification of forms and language and report to the director of the division of community and economic development on the cost effectiveness of the business permit system;

(9)Work with local business leaders and government officials and help them formulate and implement sound economic development decisions for their communities;

(10)Provide assistance to entrepreneurs in the licensing and permitting process, including the necessary applications and paperwork.

(L. 1986 S.B. 426 § 2, A.L. 1993 H.B. 566)

620.455 - Tourism commission, members, qualifications, terms, reports required, expenses.

There is created in the executive department a "Tourism Commission*" composed of ten members, including the lieutenant governor, two members of the senate of different political parties appointed by the president pro tem of the senate, two members of the house of representatives of different political parties appointed by the speaker of the house, and five other persons appointed by the governor.The members appointed by the governor may include, but are not limited to, persons engaged in the tourism industry and no more than three shall be of the same political party.The members, at the time of their appointment, shall be residents of the state of Missouri.On or after January 15, 1989, the governor, with the advice and consent of the senate, shall appoint one member of the commission for a term of one year, two members for two years, one member for three years and one member for four years.Their successors shall serve a term of four years.The terms of commissioners holding gubernatorial appointment on September 28, 1987, shall continue until January 15, 1989, and until their respective successors are appointed and duly qualified.Members who move from the state during their term on the commission shall be deemed to have vacated their position on the commission.Vacancies in the membership of the commission shall be filled in the same manner as the original appointments.The commission shall elect a member of its own group as chairman at the first meeting, which shall be called by the governor.The commission shall meet at least four times in a calendar year at the call of the chairman.The commission shall determine all matters relating to policy and the administration of tourism promotion.The commission shall report to each regular session of the general assembly its recommendations for legislation in the field of the promotion of tourism and related subjects in Missouri.Members of the commission shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties.

(L. 1967 p. 368 § 2, A.L. 1987 H.B. 495, A.L. 1992 S.B. 676 Adopted by Referendum, Proposition C, November 3, 1992, A.L. 1996 S.B. 846)

*Section 620.010 transferred all powers, duties and functions vested in the tourism commission to the tourism division, by type III transfer, department of economic development.

620.1890 - Report to the general assembly, contents.

Prior to March first each year, the department will provide a report on the program to the general assembly including the names of participating companies, location of such companies, the annual amount of benefits provided, the estimated net state fiscal impact (direct and indirect new state taxes derived from the project), the number of new jobs created or jobs retained, the average wages of each project, and the types of qualified companies using the program.

(L. 2005 S.B. 343)

620.800 - Definitions.

The following additional terms used in sections 620.800 to 620.809 shall mean:

(1)"Agreement", the agreement between a qualified company, a community college district, and the department concerning a training project.Any such agreement shall comply with the provisions of section 620.017;

(2)"Board of trustees", the board of trustees of a community college district established under the provisions of chapter 178;

(3)"Certificate", a new or retained jobs training certificate issued under section 620.809;

(4)"Committee", the Missouri works job training joint legislative oversight committee, established under the provisions of section 620.803;

(5)"Department", the Missouri department of economic development;

(6)"Employee", a person employed by a qualified company;

(7)"Full-time employee", an employee of the qualified company who is scheduled to work an average of at least thirty-five hours per week for a twelve-month period, and one to whom the qualified company offers health insurance and pays at least fifty percent of such insurance premiums;

(8)"Local education agency", a community college, two-year state technical college, or technical career education center;

(9)"Missouri works training program", the training program established under sections 620.800 to 620.809;

(10)"New capital investment", costs incurred by the qualified company at the project facility for real or personal property, that may include the value of finance or capital leases for real or personal property for the term of such lease at the project facility executed after acceptance by the qualified company of the proposal for benefits from the department or approval of the notice of intent;

(11)"New job", the number of full-time employees located at the project facility that exceeds the project facility base employment less any decrease in the number of full-time employees at related facilities below the related facility base employment.No job that was created prior to the date of the notice of intent shall be deemed a new job.An employee who spends less than fifty percent of his or her work time at the facility is still considered to be located at a facility if he or she receives his or her directions and control from that facility, is on the facility's payroll, one hundred percent of the employee's income from such employment is Missouri income, and the employee is paid at or above the applicable percentage of the county's average wage;

(12)"New jobs credit", the credit from withholding remitted by a qualified company provided under subsection 7 of section 620.809;

(13)"Notice of intent", a form developed by the department, completed by the qualified company, and submitted to the department that states the qualified company's intent to request benefits under this program;

(14)"Project facility", the building or buildings used by a qualified company at which new or retained jobs and any new capital investment are or will be located.A project facility may include separate buildings located within sixty miles of each other such that their purpose and operations are interrelated, provided that, if the buildings making up the project facility are not located within the same county, the average wage of the new payroll must exceed the applicable percentage of the highest county average wage among the counties in which the buildings are located.Upon approval by the department, a subsequent project facility may be designated if the qualified company demonstrates a need to relocate to the subsequent project facility at any time during the project period;

(15)"Project facility base employment", the greater of the number of full-time employees located at the project facility on the date of the notice of intent or, for the twelve-month period prior to the date of the notice of intent, the average number of full-time employees located at the project facility.In the event the project facility has not been in operation for a full twelve-month period, the average number of full-time employees for the number of months the project facility has been in operation prior to the date of the notice of intent;

(16)"Qualified company", a firm, partnership, joint venture, association, private or public corporation whether organized for profit or not, or headquarters of such entity registered to do business in Missouri that is the owner or operator of a project facility, offers health insurance to all full-time employees of all facilities located in this state, and pays at least fifty percent of such insurance premiums.For the purposes of sections 620.800 to 620.809, the term "qualified company" shall not mean:

(a)Gambling establishments (NAICS industry group 7132);

(b)Retail trade establishments (NAICS sectors 44 and 45), except with respect to any company headquartered in this state with a majority of its full-time employees engaged in operations not within the NAICS codes specified in this subdivision;

(c)Food services and drinking places (NAICS subsector 722);

(d)Public utilities (NAICS 221 including water and sewer services);

(e)Any company that is delinquent in the payment of any nonprotested taxes or any other amounts due the state or federal government or any other political subdivision of this state;

(f)Any company requesting benefits for retained jobs that has filed for or has publicly announced its intention to file for bankruptcy protection.However, a company that has filed for or has publicly announced its intention to file for bankruptcy may be a qualified company provided that such company:

a.Certifies to the department that it plans to reorganize and not to liquidate; and

b.After its bankruptcy petition has been filed, it produces proof, in a form and at times satisfactory to the department, that it is not delinquent in filing any tax returns or making any payment due to the state of Missouri, including but not limited to all tax payments due after the filing of the bankruptcy petition and under the terms of the plan of reorganization;

(g)Educational services (NAICS sector 61);

(h)Religious organizations (NAICS industry group 8131);

(i)Public administration (NAICS sector 92);

(j)Ethanol distillation or production; or

(k)Biodiesel production.

Notwithstanding any provision of this section to the contrary, the headquarters, administrative offices, or research and development facilities of an otherwise excluded business may qualify for benefits if the offices or facilities serve a multistate territory.In the event a national, state, or regional headquarters operation is not the predominant activity of a project facility, the jobs and investment of such operation shall be considered eligible for benefits under this section if the other requirements are satisfied;

(17)"Related company":

(a)A corporation, partnership, trust, or association controlled by the qualified company;

(b)An individual, corporation, partnership, trust, or association in control of the qualified company; or

(c)Corporations, partnerships, trusts, or associations controlled by an individual, corporation, partnership, trust, or association in control of the qualified company.As used in this subdivision, "control of a corporation" shall mean ownership, directly or indirectly, of stock possessing at least fifty percent of the total combined voting power of all classes of stock entitled to vote; "control of a partnership or association" shall mean ownership of at least fifty percent of the capital or profits interest in such partnership or association; "control of a trust" shall mean ownership, directly or indirectly, of at least fifty percent of the beneficial interest in the principal or income of such trust; and "ownership" shall be determined as provided in Section 318 of the Internal Revenue Code of 1986, as amended;

(18)"Related facility", a facility operated by the qualified company or a related company located in this state that is directly related to the operations of the project facility or in which operations substantially similar to the operations of the project facility are performed;

(19)"Related facility base employment", the greater of the number of full-time employees located at all related facilities on the date of the notice of intent or, for the twelve-month period prior to the date of the notice of intent, the average number of full-time employees located at all related facilities of the qualified company or a related company located in this state;

(20)"Retained jobs", the average number of full-time employees of a qualified company located at the project facility during each month for the calendar year preceding the year in which the notice of intent is submitted;

(21)"Retained jobs credit", the credit from withholding remitted by a qualified company provided under subsection 7 of section 620.809;

(22)"Targeted industry", an industry or one of a cluster of industries identified by the department by rule following a strategic planning process as being critical to the state's economic security and growth;

(23)"Training program", the Missouri works training program established under sections 620.800 to 620.809;

(24)"Training project", the project or projects established through the Missouri works training program for the creation or retention of jobs by providing education and training of workers;

(25)"Training project costs", all necessary and incidental costs of providing program services through the training program, including:

(a)Training materials and supplies;

(b)Wages and benefits of instructors, who may or may not be employed by the eligible industry, and the cost of training such instructors;

(c)Subcontracted services;

(d)On-the-job training;

(e)Training facilities and equipment;

(f)Skill assessment;

(g)Training project and curriculum development;

(h)Travel directly to the training project, including a coordinated transportation program for training if the training can be more effectively provided outside the community where the jobs are to be located;

(i)Payments to third-party training providers and to the eligible industry;

(j)Teaching and assistance provided by educational institutions in the state of Missouri;

(k)In-plant training analysis, including fees for professionals and necessary travel and expenses;

(l)Assessment and preselection tools;

(m)Publicity;

(n)Instructional services;

(o)Rental of instructional facilities with necessary utilities; and

(p)Payment of the principal, premium, and interest on certificates, including capitalized interest, issued to finance a project, and the funding and maintenance of a debt service reserve fund to secure such certificates;

(26)"Training project services", includes, but shall not be limited to, the following:

(a)Job training, which may include, but not be limited to, preemployment training, analysis of the specified training needs for a qualified company, development of training plans, and provision of training through qualified training staff;

(b)Adult basic education and job-related instruction;

(c)Vocational and skill-assessment services and testing;

(d)Training facilities, equipment, materials, and supplies;

(e)On-the-job training;

(f)Administrative expenses equal to fifteen percent of the total training costs;

(g)Subcontracted services with state institutions of higher education, private colleges or universities, or other federal, state, or local agencies;

(h)Contracted or professional services; and

(i)Issuance of certificates, when applicable.

(L. 2013 H.B. 196, A.L. 2017 H.B. 93)

Sunset date 8-28-30, see § 620.809

Termination date 9-01-31, see § 620.809

620.641 - Transfer of board duties to Missouri technology corporation.

The powers and duties of the Missouri seed capital investment board shall be transferred to the Missouri technology corporation effective August 28, 2011, and the Missouri seed capital investment board shall be dissolved.

(L. 1999 S.B. 518 § 3, A.L. 2011 H.B. 464)

620.1884 - Rulemaking authority.

The department may adopt such rules, statements of policy, procedures, forms, and guidelines as may be necessary to carry out the provisions of sections 620.1875 to 620.1890.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, 2005, shall be invalid and void.

(L. 2005 S.B. 343)

620.1580 - Advisory committee for electronic commerce established, members, terms, meetings.

1.There is hereby established within the department of economic development the "Advisory Committee for Electronic Commerce".The purpose of the committee shall be to advise the various agencies of the state of Missouri on issues related to electronic commerce.

2.The committee shall be composed of thirteen members, who shall be appointed by the director of the department of economic development, as follows:

(1)One member shall be the director of the department of economic development;

(2)One member shall be an employee of the department of revenue;

(3)One member shall be an employee of the department of labor and industrial relations;

(4)One member shall be the secretary of state;

(5)One member shall be the chief information officer for the information technology services division;

(6)Seven members shall be from the business community, with at least one such member being from an organization representative of industry, and with at least one such member being from an organization representative of independent businesses, and with at least one such member being from an organization representative of retail business, and with at least one such member being from an organization representative of local or regional commerce; and

(7)One member shall be from the public at large.

3.The members of the committee shall serve for terms of two years duration, and may be reappointed at the discretion of the director of the department of economic development.Members of the committee shall not be compensated for their services, but shall be reimbursed for actual and necessary expenses incurred in the performance of their service on the committee.

4.The director of the department of economic development shall serve as chair of the committee and shall designate an employee or employees of the department of economic development to staff the committee, or to chair the committee in the director's absence.

5.The committee shall meet at such places and times as are designated by the director of the department of economic development, but shall not meet less than twice per calendar year.

(L. 2001 H.B. 453, A.L. 2014 H.B. 1299 Revision)

620.1063 - Withdrawal from program, effect — withdrawal of funds — examination of accounts authorized.

1.A participating financial institution which withdraws from the program may not recover any set-aside contributions which have been made to a loss reserve account.If a program loan loss reserve account continuously exceeds the outstanding balance of the institution's enrolled loans for twenty-four consecutive months, the department may withdraw such excess to reduce the program loss reserve account to an amount equal to one hundred percent of such outstanding balance.Any funds withdrawn pursuant to this subsection shall be placed in the Missouri capital access program fund.

2.The division of finance of the department of insurance, financial institutions and professional registration is authorized to examine all program loss reserve accounts maintained by financial institutions.No financial institution may participate in the program unless such financial institution agrees to allow the division of finance to conduct such examinations.

(L. 1994 H.B. 1248 & 1048 § 8, A.L. 2008 S.B. 788)

620.010 - Department of economic development created — divisions — agencies — boards and commissions — personnel — powers and duties — rules, procedure.

1.There is hereby created a "Department of Economic Development" to be headed by a director appointed by the governor, by and with the advice and consent of the senate.All of the general provisions, definitions and powers enumerated in section 1 of the Omnibus State Reorganization Act of 1974 shall continue to apply to this department and its divisions, agencies and personnel.

2.The powers, duties and functions vested in the public service commission, chapters 386, 387, 388, 389, 390, 392, 393, and others, and the administrative hearing commission, sections 621.015 to 621.198 and others, are transferred by type III transfers to the department of economic development.The director of the department is directed to provide and coordinate staff and equipment services to these agencies in the interest of facilitating the work of the bodies and achieving optimum efficiency in staff services common to all the bodies.Nothing in the Reorganization Act of 1974 shall prevent the chairman of the public service commission from presenting additional budget requests or from explaining or clarifying its budget requests to the governor or general assembly.

3.The powers, duties and functions vested in the office of the public counsel are transferred by type III transfer to the department of economic development.Funding for the general counsel's office shall be by general revenue.

4.The public service commission is authorized to employ such staff as it deems necessary for the functions performed by the general counsel other than those powers, duties and functions relating to representation of the public before the public service commission.

5.All the powers, duties and functions vested in the tourism commission, chapter 258 and others, are transferred to the "Division of Tourism", which is hereby created, by type III transfer.

6.All the powers, duties and functions of the department of community affairs, chapter 251 and others, not otherwise assigned, are transferred by type I transfer to the department of economic development, and the department of community affairs is abolished.The director of the department of economic development may assume all the duties of the director of community affairs or may establish within the department such subunits and advisory committees as may be required to administer the programs so transferred.The director of the department shall appoint all members of such committees and heads of subunits.

7.The state council on the arts, chapter 185 and others, is transferred by type II transfer to the department of economic development, and the members of the council shall be appointed by the director of the department.

8.The Missouri housing development commission, chapter 215, is assigned to the department of economic development, but shall remain a governmental instrumentality of the state of Missouri and shall constitute a body corporate and politic.

9.All the authority, powers, duties, functions, records, personnel, property, matters pending and other pertinent vestiges of the division of manpower planning of the department of social services are transferred by a type I transfer to the "Division of Workforce Development", which is hereby created, within the department of economic development.The division of manpower planning within the department of social services is abolished.The provisions of section 1 of the Omnibus State Reorganization Act of 1974, Appendix B, relating to the manner and procedures for transfers of state agencies shall apply to the transfers provided in this section.

10.All the authority, powers, functions, records, personnel, property, contracts, matters pending and other pertinent vestiges of the division of employment security within the department of labor and industrial relations related to job training and labor exchange that are funded with or based upon Wagner-Peyser funds, and other federal and state workforce development programs administered by the division of employment security are transferred by a type I transfer to the division of workforce development within the department of economic development.

11.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, 2008, shall be invalid and void.

(L. 1973 1st Ex. Sess. S.B. 1 § 4, A.L. 1981 S.B. 16 § 4, A.L. 1983 H.B. 388, A.L. 1986 S.B. 426, A.L. 1989 H.B. 190, et al., A.L. 1990 H.B. 1739, A.L. 1993 S.B. 52, A.L. 1994 H.B. 1165, A.L. 1995 S.B. 3, A.L. 1999 H.B. 343 merged with S.B. 386, A.L. 2001 H.B. 567, A.L. 2007 H.B. 780, A.L. 2008 S.B. 788, A.L. 2010 H.B. 1965, A.L. 2014 H.B. 1299 Revision)

CROSS REFERENCE:

Main street program, established, duties of department, 251.470 to 251.485

(1990) Statute providing agency is entitled to attorney-client privilege and work product privilege carried no weight when section 536.073 provides that supreme court rules of discovery applicable to circuit court civil actions also apply to proceedings before the administrative hearing commission. Investigative reports of board of registration for the healing arts could be discovered by physician in disciplinary proceeding. Board of Registration for the Healing Arts v. Spinden, 798 S.W.2d 472 (Mo. App.W.D.).

(1993) Where personnel and licensure files are closed under section, with an exception for litigation concerning person, exception is inapplicable for records sought which were files concerning pharmacy formerly owned by pharmacist and not part of licensure file subject to disciplinary proceeding.State ex rel. State Board of Pharmacy v. Otto, 866 S.W.2d 480 (Mo. App. W.D.).

620.014 - Records on financial investments, sales or business plans to be deemed closed records, when.

Records and documents submitted to the department of economic development, to the Missouri economic development, export and infrastructure board, or to a regional planning commission formed pursuant to chapter 251, relating to financial investments in a business, or sales projections or other business plan information which may endanger the competitiveness of a business, or records pertaining to a business prospect with which the department, board, or commission is currently negotiating, may be deemed a closed record as such term is defined in section 610.010.

(L. 1991 H.B. 294 & 405 § 1, A.L. 1992 S.B. 661 & 620, A.L. 1994 H.B. 1248 & 1048 merged with S.B. 441, A.L. 2004 S.B. 1099, A.L. 2009 H.B. 191)

620.1037 - Twenty-first century communities demonstration project established — purpose — rulemaking, procedure.

There is hereby established within the department of social services a pilot project to be known as the "Twenty-first Century Communities Demonstration Project".Subject to appropriations by the general assembly, the department shall implement the project in accordance with any necessary waivers granted pursuant to the requirements of the Social Security Act, 42 U.S.C. 1315, or any other waiver authority as required by the federal government to prevent the loss of any federal funds.The project shall provide individuals with an opportunity to acquire an education, proper health care, quality housing and substantial employment within their own communities, resulting in self-sustaining enhancement of opportunities within the communities.The department may promulgate rules and regulations in accordance with chapter 536 to implement and administer the provisions of this section.

(L. 1993 H.B. 566 § 9, A.L. 1995 S.B. 3)

620.644 - Development of Missouri seed capital and commercialization strategy, required contents — no tax credits issued until corporation approves strategy tax credit maximum — corporation to approve managers of qualified funds — rulemaking authority, procedure — reporting requirements of corporation — qualified fund to provide annual audited financial statements.

1.The Missouri seed capital and commercialization strategy shall be jointly developed and approved by the boards of directors of all of the qualified economic development organizations and submitted as one plan to the corporation for its approval.The board shall not approve any qualified fund, exclusive of the fund approved by the corporation, unless such fund is described in the Missouri seed capital and commercialization strategy.The strategy shall include a proposal for the establishment and operation of between one and four qualified funds in Missouri, including the fund approved by the corporation pursuant to the provisions of section 620.653.The initial strategy shall be submitted to the board no later than July 1, 2000, and shall be approved or rejected by the board within three months of receipt.No tax credits authorized pursuant to the provisions of sections 620.635 to 620.653 shall be awarded until such strategy has been approved by the board, other than tax credits authorized for qualified contributions to the fund approved by the corporation.

2.The department shall authorize the use of up to twenty million dollars in tax credits by the approved qualified funds, in aggregate pursuant to the provisions of section 620.650, with not more than five million dollars of tax credits being issued in any one year.

3.The corporation shall approve the professional managers employed by the qualified funds according to criteria similar to that used by the U.S. Small Business Administration's Small Business Investment Corporation Program.

4.The department may promulgate any rules and regulations necessary to administer the provisions of sections 620.635 to 620.653.No rule or regulation or portion of a rule or regulation promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536.

5.The corporation shall report the following to the department:

(1)As soon as practicable after the receipt of a qualified contribution the name of each person from which the qualified contribution was received, the amount of each contributor's qualified contribution and the tax credits computed pursuant to this section;

(2)On a quarterly basis, the amount of qualified investments made to any qualified business;

(3)On a quarterly basis, verification that the investment of seed capital, start-up capital, or follow-up capital in a qualified business does not direct more than ten percent of all the qualified contributions to a qualified fund to be invested in a single qualifying business.

6.Each qualified fund shall provide annual audited financial statements, including the opinion of an independent certified public accountant, to the department within ninety days of the close of the state fiscal year.The audit shall address the methods of operation and conduct of the business of the qualified economic development organization to determine compliance with the statutes and program and program rules and that the qualified contributions received by the qualified fund have been invested as required by this section.

(L. 1999 S.B. 518 § 4, A.L. 2011 H.B. 464)

620.1881 - Project notice of intent, department to respond with a proposal or a rejection — benefits available — effect on withholding tax — projects eligible for benefits — annual report — cap on tax credits — allocation of tax credits.

1.The department of economic development shall respond within thirty days to a company who provides a notice of intent with either an approval or a rejection of the notice of intent.The department shall give preference to qualified companies and projects targeted at an area of the state which has recently been classified as a disaster area by the federal government.Failure to respond on behalf of the department of economic development shall result in the notice of intent being deemed an approval for the purposes of this section.A qualified company who is provided an approval for a project shall be allowed a benefit as provided in this program in the amount and duration provided in this section.A qualified company may receive additional periods for subsequent new jobs at the same facility after the full initial period if the minimum thresholds are met as set forth in sections 620.1875 to 620.1890.There is no limit on the number of periods a qualified company may participate in the program, as long as the minimum thresholds are achieved and the qualified company provides the department with the required reporting and is in proper compliance for this program or other state programs.A qualified company may elect to file a notice of intent to start a new project period concurrent with an existing project period if the minimum thresholds are achieved and the qualified company provides the department with the required reporting and is in proper compliance for this program and other state programs; however, the qualified company may not receive any further benefit under the original approval for jobs created after the date of the new notice of intent, and any jobs created before the new notice of intent may not be included as new jobs for the purpose of benefit calculation in relation to the new approval.When a qualified company has filed and received approval of a notice of intent and subsequently files another notice of intent, the department shall apply the definition of project facility under subdivision (19) of section 620.1878 to the new notice of intent as well as all previously approved notices of intent and shall determine the application of the definitions of new job, new payroll, project facility base employment, and project facility base payroll accordingly.

2.Notwithstanding any provision of law to the contrary, any qualified company that is awarded benefits under this program may not simultaneously receive tax credits or exemptions under sections 135.100 to 135.150, sections 135.200 to 135.286, section 135.535, or sections 135.900 to 135.906* at the same project facility.The benefits available to the company under any other state programs for which the company is eligible and which utilize withholding tax from the new jobs of the company must first be credited to the other state program before the withholding retention level applicable under the Missouri quality jobs act will begin to accrue.These other state programs include, but are not limited to, the Missouri works jobs training program under sections 620.800 to 620.809, the real property tax increment allocation redevelopment act, sections 99.800 to 99.865, or the Missouri downtown and rural economic stimulus act under sections 99.915 to 99.980.If any qualified company also participates in the Missouri works jobs training program in sections 620.800 to 620.809, the company shall retain no withholding tax, but the department shall issue a refundable tax credit for the full amount of benefit allowed under this subdivision.The calendar year annual maximum amount of tax credits which may be issued to a qualifying company that also participates in the new job training program shall be increased by an amount equivalent to the withholding tax retained by that company under the new jobs training program.However, if the combined benefits of the quality jobs program and the new jobs training program exceed the projected state benefit of the project, as determined by the department of economic development through a cost-benefit analysis, the increase in the maximum tax credits shall be limited to the amount that would not cause the combined benefits to exceed the projected state benefit.Any taxpayer who is awarded benefits under this program who knowingly hires individuals who are not allowed to work legally in the United States shall immediately forfeit such benefits and shall repay the state an amount equal to any state tax credits already redeemed and any withholding taxes already retained.

3.The types of projects and the amount of benefits to be provided are:

(1)Small and expanding business projects:in exchange for the consideration provided by the new tax revenues and other economic stimuli that will be generated by the new jobs created by the program, a qualified company may retain an amount equal to the withholding tax as calculated under subdivision (33) of section 620.1878 from the new jobs that would otherwise be withheld and remitted by the qualified company under the provisions of sections 143.191 to 143.265 for a period of three years from the date the required number of new jobs were created if the average wage of the new payroll equals or exceeds the county average wage or for a period of five years from the date the required number of new jobs were created if the average wage of the new payroll equals or exceeds one hundred twenty percent of the county average wage;

(2)Technology business projects:in exchange for the consideration provided by the new tax revenues and other economic stimuli that will be generated by the new jobs created by the program, a qualified company may retain an amount equal to a maximum of five percent of new payroll for a period of five years from the date the required number of jobs were created from the withholding tax of the new jobs that would otherwise be withheld and remitted by the qualified company under the provisions of sections 143.191 to 143.265 if the average wage of the new payroll equals or exceeds the county average wage.An additional one-half percent of new payroll may be added to the five percent maximum if the average wage of the new payroll in any year exceeds one hundred twenty percent of the county average wage in the county in which the project facility is located, plus an additional one-half percent of new payroll may be added if the average wage of the new payroll in any year exceeds one hundred forty percent of the average wage in the county in which the project facility is located.The department shall issue a refundable tax credit for any difference between the amount of benefit allowed under this subdivision and the amount of withholding tax retained by the company, in the event the withholding tax is not sufficient to provide the entire amount of benefit due to the qualified company under this subdivision;

(3)High impact projects:in exchange for the consideration provided by the new tax revenues and other economic stimuli that will be generated by the new jobs created by the program, a qualified company may retain an amount from the withholding tax of the new jobs that would otherwise be withheld and remitted by the qualified company under the provisions of sections 143.191 to 143.265, equal to three percent of new payroll for a period of five years from the date the required number of jobs were created if the average wage of the new payroll equals or exceeds the county average wage of the county in which the project facility is located.For high-impact projects in a facility located within two adjacent counties, the new payroll shall equal or exceed the higher county average wage of the adjacent counties.The percentage of payroll allowed under this subdivision shall be three and one-half percent of new payroll if the average wage of the new payroll in any year exceeds one hundred twenty percent of the county average wage in the county in which the project facility is located.The percentage of payroll allowed under this subdivision shall be four percent of new payroll if the average wage of the new payroll in any year exceeds one hundred forty percent of the county average wage in the county in which the project facility is located.An additional one percent of new payroll may be added to these percentages if local incentives equal between ten percent and twenty-four percent of the new direct local revenue; an additional two percent of new payroll is added to these percentages if the local incentives equal between twenty-five percent and forty-nine percent of the new direct local revenue; or an additional three percent of payroll is added to these percentages if the local incentives equal fifty percent or more of the new direct local revenue.The department shall issue a refundable tax credit for any difference between the amount of benefit allowed under this subdivision and the amount of withholding tax retained by the company, in the event the withholding tax is not sufficient to provide the entire amount of benefit due to the qualified company under this subdivision;

(4)Job retention projects:a qualified company may receive a tax credit for the retention of jobs in this state, provided the qualified company and the project meets all of the following conditions:

(a)For each of the twenty-four months preceding the year in which application for the program is made the qualified company must have maintained at least one thousand full-time employees at the employer's site in the state at which the jobs are based, and the average wage of such employees must meet or exceed the county average wage;

(b)The qualified company retained at the project facility the level of full-time employees that existed in the taxable year immediately preceding the year in which application for the program is made;

(c)The qualified company is considered to have a significant statewide effect on the economy, and has been determined to represent a substantial risk of relocation from the state by the quality jobs advisory task force established in section 620.1887; provided, however, until such time as the initial at-large members of the quality jobs advisory task force are appointed, this determination shall be made by the director of the department of economic development;

(d)The qualified company in the project facility will cause to be invested a minimum of seventy million dollars in new investment prior to the end of two years or will cause to be invested a minimum of thirty million dollars in new investment prior to the end of two years and maintain an annual payroll of at least seventy million dollars during each of the years for which a credit is claimed; and

(e)The local taxing entities shall provide local incentives of at least fifty percent of the new direct local revenues created by the project over a ten-year period.

The quality jobs advisory task force may recommend to the department of economic development that appropriate penalties be applied to the company for violating the agreement.The amount of the job retention credit granted may be equal to up to fifty percent of the amount of withholding tax generated by the full-time jobs at the project facility for a period of five years.The calendar year annual maximum amount of tax credit that may be issued to any qualified company for a job retention project or combination of job retention projects shall be seven hundred fifty thousand dollars per year, but the maximum amount may be increased up to one million dollars if such action is proposed by the department and approved by the quality jobs advisory task force established in section 620.1887; provided, however, until such time as the initial at-large members of the quality jobs advisory task force are appointed, this determination shall be made by the director of the department of economic development.In considering such a request, the task force shall rely on economic modeling and other information supplied by the department when requesting the increased limit on behalf of the job retention project.In no event shall the total amount of all tax credits issued for the entire job retention program under this subdivision exceed three million dollars annually.Notwithstanding the above, no tax credits shall be issued for job retention projects approved by the department after August 30, 2013;

(5)Small business job retention and flood survivor relief:a qualified company may receive a tax credit under sections 620.1875 to 620.1890 for the retention of jobs and flood survivor relief in this state for each job retained over a three-year period, provided that:

(a)The qualified company did not receive any state or federal benefits, incentives, or tax relief or abatement in locating its facility in a flood plain;

(b)The qualified company and related companies have fewer than one hundred employees at the time application for the program is made;

(c)The average wage of the qualified company's and related companies' employees must meet or exceed the county average wage;

(d)All of the qualified company's and related companies' facilities are located in this state;

(e)The facilities at the primary business site in this state have been directly damaged by floodwater rising above the level of a five hundred year flood at least two years, but fewer than eight years, prior to the time application is made;

(f)The qualified company made significant efforts to protect the facilities prior to any impending danger from rising floodwaters;

(g)For each year it receives tax credits under sections 620.1875 to 620.1890, the qualified company and related companies retained, at the company's facilities in this state, at least the level of full-time, year-round employees that existed in the taxable year immediately preceding the year in which application for the program is made; and

(h)In the years it receives tax credits under sections 620.1875 to 620.1890, the company cumulatively invests at least two million dollars in capital improvements in facilities and equipment located at such facilities that are not located within a five hundred year flood plain as designated by the Federal Emergency Management Agency, and amended from time to time.The amount of the small business job retention and flood survivor relief credit granted may be equal to up to one hundred percent of the amount of withholding tax generated by the full-time jobs at the project facility for a period of three years.The calendar year annual maximum amount of tax credit that may be issued to any qualified company for a small business job retention and survivor relief project shall be two hundred fifty thousand dollars per year, but the maximum amount may be increased up to five hundred thousand dollars if such action is proposed by the department and approved by the quality jobs advisory task force established in section 620.1887.In considering such a request, the task force shall rely on economic modeling and other information supplied by the department when requesting an increase in the limit on behalf of the small business job retention and flood survivor relief project.In no event shall the total amount of all tax credits issued for the entire small business job retention and flood survivor relief program under this subdivision exceed five hundred thousand dollars annually.Notwithstanding the provisions of this subdivision to the contrary, no tax credits shall be issued for small business job retention and flood survivor relief projects approved by the department after August 30, 2010.

4.The qualified company shall provide an annual report of the number of jobs and such other information as may be required by the department to document the basis for the benefits of this program.The department may withhold the approval of any benefits until it is satisfied that proper documentation has been provided, and shall reduce the benefits to reflect any reduction in full-time employees or new payroll.Upon approval by the department, the qualified company may begin the retention of the withholding taxes when it reaches the minimum number of new jobs and the average wage exceeds the county average wage.Tax credits, if any, may be issued upon satisfaction by the department that the qualified company has exceeded the county average wage and the minimum number of new jobs.In such annual report, if the average wage is below the county average wage, the qualified company has not maintained the employee insurance as required, or if the number of new jobs is below the minimum, the qualified company shall not receive tax credits or retain the withholding tax for the balance of the benefit period.In the case of a qualified company that initially filed a notice of intent and received an approval from the department for high-impact benefits and the minimum number of new jobs in an annual report is below the minimum for high-impact projects, the company shall not receive tax credits for the balance of the benefit period but may continue to retain the withholding taxes if it otherwise meets the requirements of a small and expanding business under this program.

5.The maximum calendar year annual tax credits issued for the entire program shall not exceed eighty million dollars.Notwithstanding any provision of law to the contrary, the maximum annual tax credits authorized under section 135.535 are hereby reduced from ten million dollars to eight million dollars, with the balance of two million dollars transferred to this program.There shall be no limit on the amount of withholding taxes that may be retained by approved companies under this program.

6.The department shall allocate the annual tax credits based on the date of the approval, reserving such tax credits based on the department's best estimate of new jobs and new payroll of the project, and the other factors in the determination of benefits of this program.However, the annual issuance of tax credits is subject to the annual verification of the actual new payroll.The allocation of tax credits for the period assigned to a project shall expire if, within two years from the date of commencement of operations, or approval if applicable, the minimum thresholds have not been achieved.The qualified company may retain authorized amounts from the withholding tax under this section once the minimum new jobs thresholds are met for the duration of the project period.No benefits shall be provided under this program until the qualified company meets the minimum new jobs thresholds.In the event the qualified company does not meet the minimum new job threshold, the qualified company may submit a new notice of intent or the department may provide a new approval for a new project of the qualified company at the project facility or other facilities.

7.For a qualified company with flow-through tax treatment to its members, partners, or shareholders, the tax credit shall be allowed to members, partners, or shareholders in proportion to their share of ownership on the last day of the qualified company's tax period.

8.Tax credits may be claimed against taxes otherwise imposed by chapters 143 and 148, and may not be carried forward but shall be claimed within one year of the close of the taxable year for which they were issued, except as provided under subdivision (4) of subsection 3 of this section.

9.Tax credits authorized by this section may be transferred, sold, or assigned by filing a notarized endorsement thereof with the department that names the transferee, the amount of tax credit transferred, and the value received for the credit, as well as any other information reasonably requested by the department.

10.Prior to the issuance of tax credits, the department shall verify through the department of revenue, or any other state department, that the tax credit applicant does not owe any delinquent income, sales, or use tax or interest or penalties on such taxes, or any delinquent fees or assessments levied by any state department and through the department of insurance, financial institutions and professional registration that the applicant does not owe any delinquent insurance taxes.Such delinquency shall not affect the authorization of the application for such tax credits, except that at issuance credits shall be first applied to the delinquency and any amount issued shall be reduced by the applicant's tax delinquency.If the department of revenue or the department of insurance, financial institutions and professional registration, or any other state department, concludes that a taxpayer is delinquent after June fifteenth but before July first of any year and the application of tax credits to such delinquency causes a tax deficiency on behalf of the taxpayer to arise, then the taxpayer shall be granted thirty days to satisfy the deficiency in which interest, penalties, and additions to tax shall be tolled.After applying all available credits toward a tax delinquency, the administering agency shall notify the appropriate department and that department shall update the amount of outstanding delinquent tax owed by the applicant.If any credits remain after satisfying all insurance, income, sales, and use tax delinquencies, the remaining credits shall be issued to the applicant, subject to the restrictions of other provisions of law.

11.Except as provided under subdivision (4) of subsection 3 of this section, the director of revenue shall issue a refund to the qualified company to the extent that the amount of credits allowed in this section exceeds the amount of the qualified company's income tax.

12.An employee of a qualified company will receive full credit for the amount of tax withheld as provided in section 143.211.

13.If any provision of sections 620.1875 to 620.1890 or application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or application of these sections which can be given effect without the invalid provisions or application, and to this end, the provisions of sections 620.1875 to 620.1890 are hereby declared severable.

(L. 2005 S.B. 343, A.L. 2007 1st Ex. Sess. H.B. 1, A.L. 2008 H.B. 2058 merged with S.B. 718, A.L. 2009 H.B. 191, A.L. 2013 H.B. 196)

*Sections 135.900 to 135.906 were repealed by S.B. 975 & 1024 Revision, 2018.

620.1081 - Determination of basic policy, rules.

The department of economic development shall determine the basic policies for the microenterprise loan program and shall promulgate rules and regulations, if necessary, to establish the loan program and implement the provisions of sections 620.1069 to 620.1081.Such rules and regulations shall be drafted so as to encourage maximum involvement and participation by eligible lenders in the microenterprise loan program.

(L. 1994 H.B. 1248 & 1048 § 14)

620.1066 - Rulemaking procedure.

The department of economic development is authorized to adopt, promulgate, amend or repeal any rules or regulations necessary to carry out the provisions of sections 620.1045 to 620.1081.

(L. 1994 H.B. 1248 & 1048 § 9, A.L. 1995 S.B. 3)

620.015 - Administrative fund, uses, administration of.

The director of the department of economic development shall administer a revolving "Department of Economic Development Administrative Fund", which is hereby established, and shall be funded annually by appropriations.Such fund shall consist of any gifts, contributions, grants or bequests received from federal, private or other sources and contain moneys transferred or paid to the department of economic development in return for goods and services provided by the department of economic development for services to any governmental entity or the public.The state treasurer shall be the custodian of the fund, and shall approve disbursements from the fund for the purchase of goods or services at the request of the director of the department of economic development.Notwithstanding the provisions of section 33.080, moneys in the fund shall not lapse, unless and then only to the extent to which the unencumbered balance at the close of any fiscal year exceeds one-twelfth of the total amount appropriated, paid, or transferred to the fund during such fiscal year.The director of the department of economic development shall prepare an annual report of all receipts and expenditures from the fund.

(L. 1991 H.B. 516, A.L. 1993 H.B. 566 merged with S.B. 336)

620.511 - Board established, purpose, meetings, members, terms, compensation for expenses.

1.There is hereby established the "Missouri Workforce Development Board", formerly known as the Missouri workforce investment board, and hereinafter referred to as "the board" in sections 620.511 to 620.513.

2.The purpose of the board is to provide workforce investment activities, through statewide and local workforce investment systems, that increase the employment, retention, and earnings of participants, and increase occupational skill attainment by participants, and, as a result, improve the quality of the workforce, reduce welfare dependency, and enhance the productivity and competitiveness of the state of Missouri.The board shall be the state's advisory board pertaining to workforce preparation policy.

3.The board shall meet the requirements of the federal Workforce Innovation and Opportunity Act of 2014, hereinafter referred to as the "WIOA", P.L. 113-128, as amended.Should another federal law supplant the WIOA, all references in sections 620.511 to 620.513 to the WIOA shall apply as well to the new federal law.

4.Composition of the board shall comply with the WIOA.Board members appointed by the governor shall be subject to the advice and consent of the senate.Consistent with the requirements of the WIOA, the governor shall designate one member of the board to be its chairperson.

5.Each member of the board shall serve for a term of four years, subject to the pleasure of the governor, and until a successor is duly appointed.In the event of a vacancy on the board, the vacancy shall be filled in the same manner as the original appointment and said replacement shall serve the remainder of the original appointee's unexpired term.

6.Of the members initially appointed to the WIOA, formerly known as the WIA, board, one-fourth shall be appointed for a term of four years, one-fourth shall be appointed for a term of three years, one-fourth shall be appointed for a term of two years, and one-fourth shall be appointed for a term of one year.

7.WIOA board members shall receive no compensation, but shall be reimbursed for all necessary expenses actually incurred in the performance of their duties.

(L. 2007 1st Ex. Sess. H.B. 1, A.L. 2018 S.B. 975 & 1024 Revision)

620.515 - Show-Me heroes program established to assist active duty military personnel and members of the National Guard and their families — rulemaking authority.

1.This section shall be known and may be cited as the "Show-Me Heroes" program, the purpose of which is to:

(1)Assist the spouse of an active duty National Guard or reserve component service member reservist and active duty United States military personnel to address immediate needs and employment in an attempt to keep the family from falling into poverty while the primary income earner is on active duty, and during the five-year period following discharge from deployment; and

(2)Assist returning National Guard troops or reserve component service member reservists and recently separated United States military personnel with finding work in situations where an individual needs to rebuild business clientele or where an individual's job has been eliminated while such individual was deployed, or where the individual otherwise cannot return to his or her previous employment.

2.Subject to appropriation, the department of economic development shall operate the Show-Me heroes program through existing programs.Eligibility for the program shall be based on the following criteria:

(1)Eligible participants in the program shall be those families where:

(a)The primary income earner was called to active duty in defense of the United States for a period of more than four months;

(b)The family's primary income is no longer available;

(c)The family is experiencing significant hardship due to financial burdens; and

(d)The family has no outside resources available to assist with such hardships;

(2)Services that may be provided to the family will be aimed at ameliorating the immediate crisis and providing a path for economic stability while the primary income is not available due to the active military commitment.Services shall be made available up to five years following discharge from deployment.Services may include, but not be limited to the following:

(a)Financial assistance to families facing financial crisis from overdue bills;

(b)Help paying day care costs to pursue training and or employment;

(c)Help covering the costs of transportation to training and or employment;

(d)Vocational evaluation and vocational counseling to help the individual choose a visible employment goal;

(e)Vocational training to acquire or upgrade skills needed to be marketable in the workforce;

(f)Paid internships and subsidized employment to train on the job; and

(g)Job placement assistance for those who don't require skills training.

3.The department shall 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, 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, 2012, shall be invalid and void.

(L. 2006 H.B. 1787, A.L. 2008 H.B. 1678, A.L. 2010 H.B. 1516 Revision, A.L. 2012 H.B. 1680, A.L. 2018 S.B. 573)

620.809 - Community college funds created, use of moneys — forms — establishment of projects, procedure, requirements — funding options — issuance of certificates — sunset provision.

1.The Missouri community college job training program fund, formerly established in the state treasury by section 178.896*, shall now be known as the "Missouri Works Community College New Jobs Training Fund" and shall be administered by the department for the training program.The department of revenue shall credit to the fund, as received, all new jobs credits.The fund shall also consist of any gifts, contributions, grants, or bequests received from federal, private, or other sources.The general assembly, however, shall not provide for any transfer of general revenue funds into the fund.Moneys in the fund shall be disbursed to the department under regular appropriations by the general assembly.The department shall disburse such appropriated funds in a timely manner into the special funds established by community college districts for training projects, which funds shall be used to pay training project costs.Such disbursements shall be made to the special fund for each training project as provided under subsection 5 of this section.All moneys remaining in the fund at the end of any fiscal year shall not lapse to the general revenue fund, as provided in section 33.080, but shall remain in the fund.

2.The Missouri community college job retention training program fund, formerly established in the state treasury by section 178.764**, shall now be known as the "Missouri Works Community College Job Retention Training Fund" and shall be administered by the department for the Missouri works training program.The department of revenue shall credit to the fund, as received, all retained jobs credits.The fund shall also consist of any gifts, contributions, grants, or bequests received from federal, private, or other sources.The general assembly, however, shall not provide for any transfer of general revenue funds into the fund.Moneys in the fund shall be disbursed to the department under regular appropriations by the general assembly.The department shall disburse such appropriated funds in a timely manner into the special funds established by community college districts for projects, which funds shall be used to pay training program costs, including the principal, premium, and interest on certificates issued by the district to finance or refinance, in whole or in part, a project.Such disbursements by the department shall be made to the special fund for each project as provided under subsection 5 of this section.All moneys remaining in the fund at the end of any fiscal year shall not lapse to the general revenue fund, as provided in section 33.080, but shall remain in the fund.

3.The department of revenue shall develop such forms as are necessary to demonstrate accurately each qualified company's new jobs credit paid into the Missouri works community college new jobs training fund or retained jobs credit paid into the Missouri works community college job retention training fund.The new or retained jobs credits shall be accounted as separate from the normal withholding tax paid to the department of revenue by the qualified company.Reimbursements made by all qualified companies to the Missouri works community college new jobs training fund and the Missouri works community college job retention training fund shall be no less than all allocations made by the department to all community college districts for all projects.The qualified company shall remit the amount of the new or retained jobs credit, as applicable, to the department of revenue in the same manner as provided in sections 143.191 to 143.265.

4.A community college district, with the approval of the department in consultation with the office of administration, may enter into an agreement to establish a training project and provide training project services to a qualified company.As soon as possible after initial contact between a community college district and a potential qualified company regarding the possibility of entering into an agreement, the district shall inform the department of the potential training project.The department shall evaluate the proposed training project within the overall job training efforts of the state to ensure that the training project will not duplicate other job training programs.The department shall have fourteen days from receipt of a notice of intent to approve or disapprove a training project.If no response is received by the qualified company within fourteen days, the training project shall be deemed approved.Disapproval of any training project shall be made in writing and state the reasons for such disapproval.If an agreement is entered into, the district and the qualified company shall notify the department of revenue within fifteen calendar days.In addition to any provisions required under subsection 6 of this section for a qualified company applying to receive a retained job credit, an agreement may provide, but shall not be limited to:

(1)Payment of training project costs, which may be paid from one or a combination of the following sources:

(a)Funds appropriated by the general assembly to the Missouri works community college new jobs training program fund or Missouri works community college job retention training program fund, as applicable, and disbursed by the department for the purposes consistent with sections 620.800 to 620.809;

(b)Funds appropriated by the general assembly from the general revenue fund and disbursed by the department for the purposes consistent with sections 620.800 to 620.809;

(c)Tuition, student fees, or special charges fixed by the board of trustees to defray training project costs in whole or in part;

(2)Payment of training project costs which shall not be deferred for a period longer than eight years;

(3)Costs of on-the-job training for employees which shall include wages or salaries of participating employees.Payments for on-the-job training shall not exceed the average of fifty percent of the total wages paid by the qualified company to each participant during the period of training.Payment for on-the-job training may continue for up to six months from the date the training begins;

(4)A provision which fixes the minimum amount of new or retained jobs credits, general revenue fund appropriations, or tuition and fee payments which shall be paid for training project costs; and

(5)Any payment required to be made by a qualified company.This payment shall constitute a lien upon the qualified company's business property until paid, shall have equal priority with ordinary taxes and shall not be divested by a judicial sale.Property subject to such lien may be sold for sums due and delinquent at a tax sale, with the same forfeitures, penalties, and consequences as for the nonpayment of ordinary taxes.The purchasers at tax sale shall obtain the property subject to the remaining payments.

5.(1)For projects that are funded exclusively under paragraph (a) of subdivision (1) of subsection 4 of this section, the department shall disburse such funds to the special fund for each training project in the same proportion as the new jobs or retained jobs credits remitted by the qualified company participating in such project bears to the total new jobs or retained jobs credits from withholding remitted by all qualified companies participating in projects during the period for which the disbursement is made.

(2)Subject to appropriation, for projects that are funded through a combination of funds under paragraphs (a) and (b) of subdivision (1) of subsection 4 of this section, the department shall disburse funds appropriated under paragraph (b) of subdivision (1) of subsection 4 of this section to the special fund for each training project upon commencement of the project.The department shall disburse funds appropriated under paragraph (a) of subdivision (1) of subsection 4 of this section to the special fund for each training project in the same proportion as the new jobs or retained jobs credits remitted by the qualified company participating in such project bears to the total new jobs or retained jobs credits from withholding remitted by all qualified companies participating in projects during the period for which the disbursement is made, reduced by the amount of funds appropriated under paragraph (b) of subdivision (1) of subsection 4 of this section.

6.Any qualified company that submits a notice of intent for retained job credits shall enter into an agreement, providing that the qualified company has:

(1)Maintained at least one hundred full-time employees per year at the project facility for the calendar year preceding the year in which the application is made;

(2)Retained, at the project facility, the same number of employees that existed in the taxable year immediately preceding the year in which application is made; and

(3)Made or agrees to make a new capital investment of greater than five times the amount of any award under this training program at the project facility over a period of two consecutive calendar years, as certified by the qualified company and:

(a)Has made substantial investment in new technology requiring the upgrading of employee skills; or

(b)Is located in a border county of the state and represents a potential risk of relocation from the state; or

(c)Has been determined to represent a substantial risk of relocation from the state by the director of the department of economic development.

7.If an agreement provides that all or part of the training program costs are to be met by receipt of new or retained jobs credit, such new or retained jobs credit from withholding shall be determined and paid as follows:

(1)New or retained jobs credit shall be based upon the wages paid to the employees in the new or retained jobs;

(2)A portion of the total payments made by the qualified companies under sections 143.191 to 143.265 shall be designated as the new or retained jobs credit from withholding.Such portion shall be an amount equal to two and one-half percent of the gross wages paid by the qualified company for each of the first one hundred jobs included in the project and one and one-half percent of the gross wages paid by the qualified company for each of the remaining jobs included in the project.If business or employment conditions cause the amount of the new or retained jobs credit from withholding to be less than the amount projected in the agreement for any time period, then other withholding tax paid by the qualified company under sections 143.191 to 143.265 shall be credited to the applicable fund by the amount of such difference.The qualified company shall remit the amount of the new or retained jobs credit to the department of revenue in the manner prescribed in sections 143.191 to 143.265.When all training program costs have been paid, the new or retained jobs credits shall cease;

(3)The community college district participating in a project shall establish a special fund for and in the name of the training project.All funds appropriated by the general assembly from the funds established under subsections 1 and 2 of this section and disbursed by the department for the training project and other amounts received by the district for training project costs as required by the agreement shall be deposited in the special fund.Amounts held in the special fund shall be used and disbursed by the district only to pay training project costs for such training project.The special fund may be divided into such accounts and subaccounts as shall be provided in the agreement, and amounts held therein may be invested in the same manner as the district's other funds;

(4)Any disbursement for training project costs received from the department under sections 620.800 to 620.809 and deposited into the training project's special fund may be irrevocably pledged by a community college district for the payment of the principal, premium, and interest on the certificate issued by a community college district to finance or refinance, in whole or in part, such training project;

(5)The qualified company shall certify to the department of revenue that the new or retained jobs credit is in accordance with an agreement and shall provide other information the department of revenue may require;

(6)An employee participating in a training project shall receive full credit under section 143.211 for the amount designated as a new or retained jobs credit;

(7)If an agreement provides that all or part of training program costs are to be met by receipt of new or retained jobs credit, the provisions of this subsection shall also apply to any successor to the original qualified company until the principal and interest on the certificates have been paid.

8.To provide funds for the present payment of the training project costs of new or retained jobs training project through the training program, a community college district may borrow money and issue and sell certificates payable from a sufficient portion of the future receipts of payments authorized by the agreement including disbursements from the Missouri works community college new jobs training fund or the Missouri works community college job retention training fund, to the special fund established by the district for each project.The total amount of outstanding certificates sold by all community college districts shall not exceed the total amount authorized under law as of January 1, 2013, unless an increased amount is authorized in writing by a majority of members of the committee.The certificates shall be marketed through financial institutions authorized to do business in Missouri.The receipts shall be pledged to the payment of principal of and interest on the certificates.Certificates may be sold at public sale or at private sale at par, premium, or discount of not less than ninety-five percent of the par value thereof, at the discretion of the board of trustees, and may bear interest at such rate or rates as the board of trustees shall determine, notwithstanding the provisions of section 108.170 to the contrary.However, the provisions of chapter 176 shall not apply to the issuance of such certificates.Certificates may be issued with respect to a single project or multiple projects and may contain terms or conditions as the board of trustees may provide by resolution authorizing the issuance of the certificates.

9.Certificates issued to refund other certificates may be sold at public sale or at private sale as provided in this section, with the proceeds from the sale to be used for the payment of the certificates being refunded.The refunding certificates may be exchanged in payment and discharge of the certificates being refunded, in installments at different times or an entire issue or series at one time.Refunding certificates may be sold or exchanged at any time on, before, or after the maturity of the outstanding certificates to be refunded.They may be issued for the purpose of refunding a like, greater, or lesser principal amount of certificates and may bear a rate of interest that is higher, lower, or equivalent to that of the certificates being renewed or refunded.

10.Before certificates are issued, the board of trustees shall publish once a notice of its intention to issue the certificates, stating the amount, the purpose, and the project or projects for which the certificates are to be issued.A person with standing may, within fifteen days after the publication of the notice, by action in the circuit court of a county in the district, appeal the decision of the board of trustees to issue the certificates.The action of the board of trustees in determining to issue the certificates shall be final and conclusive unless the circuit court finds that the board of trustees has exceeded its legal authority.An action shall not be brought which questions the legality of the certificates, the power of the board of trustees to issue the certificates, the effectiveness of any proceedings relating to the authorization of the project, or the authorization and issuance of the certificates from and after fifteen days from the publication of the notice of intention to issue.

11.The board of trustees shall make a finding based on information supplied by the qualified company that revenues provided in the agreement are sufficient to secure the faithful performance of obligations in the agreement.

12.Certificates issued under this section shall not be deemed to be an indebtedness of the state, the community college district, or any other political subdivision of the state, and the principal and interest on any certificates shall be payable only from the sources provided in subdivision (1) of subsection 4 of this section which are pledged in the agreement.

13.Pursuant to section 23.253 of the Missouri sunset act:

(1)The program authorized under sections 620.800 to 620.809 shall be reauthorized as of August 28, 2018, and shall expire on August 28, 2030; and

(2)If such program is reauthorized, the program authorized under sections 620.800 to 620.809 shall automatically sunset twelve years after the effective date of the reauthorization of sections 620.800 to 620.809; and

(3)Sections 620.800 to 620.809 shall terminate on September first of the calendar year immediately following the calendar year in which a program authorized under sections 620.800 to 620.809 is sunset.

(L. 2013 H.B. 196, A.L. 2017 H.B. 93, A.L. 2018 H.B. 1415)

Sunset date 8-28-30

Termination date 9-01-31

*Section 178.896 was repealed by H.B. 196, 2013

**Section 178.764 was repealed by H.B. 196, 2013

620.558 - Programs — participation.

1.The Missouri youth service and conservation corps shall consist of the following programs:

(1)A year-round community services and conservation program for young adults;

(2)A summer employment program;

(3)A volunteer program for youths.

2.In selecting participants for the youth service and conservation corps, the director of the division shall give preference to persons who are high school dropouts and who are at risk of not graduating from high school.The director may segregate programs and funds to serve such persons to enhance the efficiency of administering any federal Workforce Investment Act funds which are available to the youth service and conservation corps.

3.Residents of both urban and rural areas of the state shall be eligible to apply to participate in the youth service and conservation corps.No person who has been convicted of a felony within the previous two years shall be eligible to participate in the youth service and conservation corps.Participants shall be unemployed at the time of their enrollment.

(L. 1990 H.B. 1653 § 16, A.L. 2014 H.B. 1299 Revision)

620.1072 - Microenterprise loan fund created — purpose — lapse into general revenue prohibited — percentage to be reserved for female-owned microenterprises.

1.The "Microenterprise Revolving Loan Fund" is hereby created in the state treasury.The fund shall consist of all moneys appropriated to it by the general assembly, all gifts, grants and bequests from federal, private or any other source, and all repayment of moneys from eligible lenders, for the purpose of assisting new or expanding microenterprises.Notwithstanding the provisions of section 33.080, no portion of the fund shall be transferred to the general revenue fund at the end of any biennium.

2.Diligent efforts to assure that at least thirty percent of the moneys in the fund shall be available to, and reserved for, female-owned microenterprises.

(L. 1994 H.B. 1248 & 1048 § 11, A.L. 1997 2d Ex. Sess. S.B. 1)

Effective 12-23-97

620.450 - Executive department to promote tourism.

The executive department shall have the duty of promoting tourism in the state of Missouri in accordance with sections 620.450 to 620.465 and shall, through the commission established herein, exercise the powers set forth in sections 620.450 to 620.465.

(L. 1967 p. 368 § 1)

620.650 - Purpose of qualified funds — tax credit for qualified contribution to qualified fund, amount, application, restrictions — tax on qualified funds uninvested capital, amount, distributions deemed made at end of tax year.

1.The sole purpose of each qualified fund is to make investments.One hundred percent of investments made from qualified contributions shall be qualified investments.

2.Any person who makes a qualified contribution to a qualified fund shall receive a tax credit against the tax otherwise due pursuant to chapter 143, chapter 147, or chapter 148, other than taxes withheld pursuant to sections 143.191 to 143.265, in an amount equal to one hundred percent of such person's qualified contribution.

3.Such person shall submit to the department an application for the tax credit on a form provided by the department.The department shall award tax credits in the order the applications are received and based upon the strategy approved by the corporation.Tax credits issued pursuant to this section may be claimed for the tax year in which the qualified contribution is made or in any of the following ten years, and may be assigned, transferred or sold.

4.There is hereby imposed on each qualified fund a tax equal to fifteen percent of the qualified fund's uninvested capital at the close of such qualified fund's tax year.For purposes of tax computation, any distribution made by a qualified fund during a tax year is deemed made at the end of such tax year.Each tax year, every qualified fund shall remit the tax imposed by this section to the director of the department of revenue for deposit in the state treasury to the credit of the general revenue fund.

(L. 1999 S.B. 518 § 6, A.L. 2011 H.B. 464)

CROSS REFERENCE:

Tax Credit Accountability Act of 2004, additional requirements, 135.800 to 135.830

620.1027 - Teams, duties.

A business extension service team shall:

(1)Develop a plan for a successful applicant to help the company to become more competitive.The plan may include, but is not limited to, recommendations for changes in:

(a)Management strategies;

(b)Modernization of processes or equipment;

(c)Job training;

(d)Development of new markets;

(2)Assist companies in obtaining financing from private and government sources, if they decide to implement a team plan;

(3)Assist companies in implementing the recommendations of the team plan.

(L. 1993 H.B. 566 § 4, A.L. 1994 H.B. 1248 & 1048)

620.750 - Grants authorized, qualified rural regional development groups, duties — grant procedure — use of grant moneys — report — rulemaking authority.

1.The department of economic development, subject to an appropriation not to exceed five million dollars each fiscal year, shall develop and implement rural regional development grants as provided in this section.

2.Rural regional development grants may be provided to qualified rural regional development groups.After the award of a grant, the group shall:

(1)Track and monitor job creation and investment in the region using quantitative measures that measure progress toward preestablished goals;

(2)Establish a process for enrolling commercial and industrial development sites in the region in the state-certified sites program or maintain a list of state-certified commercial and industrial development sites in the region;

(3)Measure the skills of the region's workforce;

(4)Provide an organizational chart demonstrating that private businesses and local governmental and educational officials are involved in the group; and

(5)Provide documentation of the group's financial activities for the current year.

3.A rural regional development group shall not qualify for a rural regional development grant if:

(1)The group's region includes a county or portion of another state outside the state of Missouri; or

(2)The group maintains an operating budget greater than two hundred fifty thousand dollars.

4.Applications for rural regional development grants shall only be submitted for a rural regional development group by a regional planning commission created under chapter 251 or other legally created regional planning commission.A regional planning commission may submit applications on behalf of more than one rural regional development group, except that a regional planning commission shall not submit an application on behalf of a group that the regional planning commission does not recognize as the economic development authority for the county that the authority represents.

5.The regional planning commission may charge an application fee for the grants developed under this section.The regional planning commission shall be allowed to claim reimbursement from the grant recipient for actual costs of administering the grants.

6.A single grant shall not exceed one hundred fifty thousand dollars.Each of the nineteen regions of the state represented by a regional planning commission created under chapter 251 or other legally created regional planning commission shall not receive more than two grants per region annually.

7.Grants provided under this section shall be distributed based on a rural regional development group's years in operation.The eligible amount shall be:

(1)For a group in operation two years or more on a matching basis of three dollars of state funds for every one dollar of funds provided or raised by the rural regional development group, including the value of in-kind services, supplies, or equipment;

(2)For groups in operation less than two years on a matching basis of one dollar of state funds for every one dollar of funds provided or raised by the rural regional development group, including the value of in-kind services, supplies, or equipment.

8.Uses for the grants may include, but are not limited to, the following activities:

(1)Workforce development activities, such as evaluation and education;

(2)Entrepreneurship training for pre-venture and existing businesses;

(3)Development of regional marketing techniques and activities;

(4)International trade training for new-to-export businesses in the region;

(5)In-depth market research and financial analysis for businesses in the region;

(6)Demographic and market opportunity research to assist regional planning commissions in developing their comprehensive economic development strategy.

9.The grant recipient shall annually report to the governor; the director of the department of economic development; the senate committee on commerce, consumer protection and the environment; the house committee on economic development and any successor committees thereto, the allocation of the grants and the purposes for which the funding was used.

10.The department of economic development may promulgate rules governing the award of grants under 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 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, 2014, shall be invalid and void.

(L. 2014 H.B. 1506 merged with S.B. 729)

620.3100 - Office to be established, purpose, subject to appropriations.

The department of economic development shall establish an office in Israel for the purpose of promoting strategic partnerships between Israel-based companies and Missouri-based companies.Such partnerships shall have the express purpose of strengthening and increasing the competitive edge of Missouri companies in the fields of agriculture, biotechnology, and other emerging fields.The staff of the department's office in Israel shall work in conjunction with relevant business and trade organizations throughout Missouri to promote these purposes as well as bilateral trade in the region.The requirement for the department of economic development to establish an office in Israel is contingent upon an appropriation for such purpose.

(L. 2014 S.B. 812)

620.1023 - Business extension service team fund created — qualified community development projects — department's authority to contract directly, purpose — lapse into general revenue prohibited.

1.There is hereby created in the state treasury a revolving fund to be administered by the department of economic development to be known as the "Business Extension Service Team Fund".The fund shall consist of all moneys which may be appropriated to it by the general assembly, gifts, contributions, grants or bequests received from federal, private or other sources.A percentage of the moneys in such fund shall be used by the department for grants or loans for qualified community development projects in order to create or retain jobs in any city not within a county, any city with a population of three hundred fifty thousand or more inhabitants which is located in more than one county, any fourth class city with a population of at least three thousand five hundred inhabitants but not more than five thousand five hundred inhabitants which is located in a county of the first classification with a charter form of government with a population of at least nine hundred thousand inhabitants, and any third class city with a population of at least three thousand inhabitants but not more than five thousand five hundred inhabitants which is located in a county of the first classification with a charter form of government with a population of at least nine hundred thousand inhabitants, and shall be targeted toward economically blighted urban districts for new businesses, expansion of existing businesses and for employee training and housing.The department may require such grants or loans to be made on a matching fund basis.Any city that receives funding from the business extension service team fund may use up to ten percent of such grant or loan for administrative costs.As used in this subdivision, "economically blighted urban districts" means areas which meet all of the following criteria:

(1)The area is one of pervasive poverty, unemployment, and general distress;

(2)The area is located wholly within an area which meets the requirements for federal assistance under Section 119 of the Housing and Community Development Act of 1974, as amended;

(3)At least sixty-five percent of the residents living in the area have incomes below eighty percent of the median income of all residents within the state of Missouri according to the United States Census Bureau's American Community Survey, based on the most recent of five-year period estimate data in which the final year of the estimate ends in either zero or five or other appropriate source as approved by the director of the department of economic development;

(4)The resident population of the area is at least four thousand at the time of designation as an economically blighted urban district.If the population of the jurisdiction of the governing authority does not meet the minimum population requirements set forth in this subdivision, the population of the area must be at least fifty percent of the population of the jurisdiction; and

(5)The level of unemployment of persons, according to the most recent data available from the division of employment security or from the United States Bureau of Census and approved by the director of the department of economic development, within the area exceeds one and one-half times the average rate of unemployment for the state of Missouri over the previous twelve months, or the percentage of area residents employed on a full-time basis is less than fifty percent of the statewide percentage of residents employed on a full-time basis.

2.The department of economic development may use a percentage of the moneys in the fund established in subsection 1 of this section to directly contract with community development corporations established pursuant to section 135.400 for the provision of job training or for creating or retaining jobs in any area meeting the criteria outlined in subsection 1 of this section.

3.All moneys remaining in the business extension service team fund at the end of the fiscal year shall not lapse to the general revenue fund, as provided in section 33.080, but shall remain in the business extension service team fund.

(L. 1993 H.B. 566 § 2, A.L. 1994 H.B. 1248 & 1048, A.L. 1997 2d Ex. Sess. S.B. 1, A.L. 1998 S.B. 827, A.L. 1999 H.B. 701, A.L. 2010 H.B. 1965)

Effective 4-01-11, see § 135.204

620.3300 - Citation of law — definitions — program established, purpose — fund created, use of moneys — grants — rulemaking authority.

1.This section shall be known and may be cited as the "Missouri Military Community Reinvestment Program Act".

2.As used in this section, the following terms shall mean:

(1)"Commission", the Missouri military preparedness and enhancement commission authorized under section 41.1010;

(2)"Community-based organization", a Missouri corporation in good standing with the state that is organized under chapter 355 and which has as its primary or substantial purposes the support and sustainment of a military installation or installations;

(3)"Department", the department of economic development;

(4)"Eligible applicant", any community-based organization or local government located in a military community;

(5)"Grantee", the recipient of a Missouri military community reinvestment program grant;

(6)"Local government", any Missouri county, city, town, or village;

(7)"Military community", any county, city, town, or village or defined combination thereof that is heavily dependent on military employment and economic activity provided by a military installation;

(8)"Military installation", a facility subject to the custody, jurisdiction, or administration of any United States Department of Defense component.This term includes, but is not limited to, military reservations, installations, bases, posts, camps, stations, arsenals, vessels or ships, or laboratories where the Department of Defense or a component thereof has operation responsibility for facility security and defense;

(9)"Program", the Missouri military community reinvestment program created by this section.

3.There is hereby established the "Missouri Military Community Reinvestment Program" in the department of economic development.Its purpose shall be to assist military communities in supporting and sustaining their installations, to encourage the communities to initiate coordinated response programs and action plans in advance of future federal government realignment and closure decisions, and to support community efforts to attract new or expanded military missions.

4.(1)There is hereby created in the state treasury the "Missouri Military Community Reinvestment Grant Program Fund", which shall consist of moneys collected under this section.The state treasurer shall be custodian of the fund.In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements.The fund shall be a dedicated fund and, upon appropriation, moneys in the fund shall be used solely for the administration of this section.The amount in such fund shall not exceed three hundred thousand dollars.Moneys in the fund in excess of three hundred thousand dollars shall be invested by the state treasurer and any income therefrom shall be deposited to the credit of the general revenue fund.

(2)Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.

(3)The state treasurer shall invest moneys in the fund in the same manner as other funds are invested.Any interest and moneys earned on such investments shall be credited to the fund.

5.The department shall implement the program as provided in this section.The department and the commission shall invite public comments on how the program should be administered and shall jointly develop and establish procedures for the solicitation, evaluation, and approval of grant applications received from eligible applicants.

6.The department shall evaluate each application and make recommendations to the commission, which shall have the authority to approve or reject any application so recommended.Upon approval by the commission, the department shall administer grant awards, including the tracking and monitoring of grantee administration of the grant funds and whether grantees have achieved the goals set forth in their grant applications.

7.Grants provided by this program shall not exceed three hundred thousand dollars per year.The eligible amount for grants shall include the following match requirements:

(1)For an eligible applicant in operation for five or more years, one dollar of state grant funds may be provided for every one dollar of funds provided or raised by the eligible applicant, including the value of in-kind services, supplies, or equipment; or

(2)For an eligible applicant in operation for fewer than five years, two dollars of state grant funds may be provided for every one dollar of funds provided or raised by the eligible applicant, including the value of in-kind services, supplies, or equipment.

8.Applications for grants under this section shall include a coordinated program of work or a plan of action delineating how the project shall be administered and accomplished, which shall include a plan for ensuring close cooperation between civilian and military authorities in the conduct of the funded activities and a plan for public involvement.Uses for the grants may include, but are not limited to, the following activities:

(1)Developing and implementing public-to-public partnerships with military installations, including agreements that reduce installation costs and increase funding available for mission performance;

(2)Developing local or regional marketing plans, techniques, and activities, including those that communicate the nature and value of military installations and military service;

(3)Implementing programs to assist with diversification of the economy of the military installation community by increasing nondefense economic development and employment;

(4)Performing in-depth research and analysis regarding local or regional employment, housing, infrastructure, education, healthcare, and other factors that affect the attractiveness of the community for future military investments;

(5)Leading or participating in programs or activities to develop or improve the quality of life in military communities, including the areas of education, transportation, health care, and infrastructure development and transportation; and

(6)Developing plans for the reuse of closed or realigned military installations or facilities, including any plans necessary for infrastructure improvements needed to facilitate related marketing activities.

9.The department may promulgate rules to assist in the implementation of the provisions of this section, including rules on behalf of the commission, if necessary.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, 2018, shall be invalid and void.

(L. 2018 S.B. 573)

620.554 - Youth service and conservation corps established.

There is hereby established a "Missouri Youth Service and Conservation Corps" which shall provide educational remediation, employability skills training, and meaningful work experience necessary to better prepare the state's youths for meeting basic work requirements and their civic responsibility, while offering them opportunities to explore careers, gain needed work experience and contribute to the general welfare of their communities and the state.

(L. 1990 H.B. 1653 § 14)

620.1007 - Annual report to whom.

The director shall annually prepare and submit to the department, the governor and to the general assembly a report on the activities and financial expenditures of the Missouri small business development centers program for the year.

(L. 1992 S.B. 661 & 620 § 5)

620.570 - Evaluation of programs — interagency cooperation — "Show-Me" employers.

1.The Missouri training and employment council, as established in section 620.523, shall review and recommend criteria for evaluating project funding assistance, program criteria, and other requirements and priorities to be used by the division in the evaluation and monitoring of Missouri youth service and conservation corps projects.

2.The division shall work with the department of higher education, the department of elementary and secondary education, all colleges, universities and lending institutions throughout the state to develop a system of academic credit, tuition grants and deferred loan repayment incentives for young adults who enroll and complete participation in corps programs.The division shall adopt rules under chapter 536 designed to implement any such incentive programs.

3.The division of workforce development of the department of economic development shall establish and promote the recruitment of "Show-Me Employers" which shall consist of Missouri-based corporations and businesses agreeing to interview, for entry-level jobs, participants successfully completing a youth corps program.

4.The division of workforce development of the department of economic development shall recognize and promote within the labor exchange system the youth service corps and the potential benefits of hiring participants who have successfully completed any of the corps' programs.

(L. 1990 H.B. 1653 § 22, A.L. 1994 H.B. 1248 & 1048, A.L. 2014 H.B. 1299 Revision)

620.574 - Youth service and conservation corps fund created — sources, administration.

There is hereby created in the state treasury the "Youth Service and Conservation Corps Fund".The state treasurer shall deposit to the credit of the fund all moneys which may be appropriated to it by the general assembly and any gifts, contributions, grants or bequests received from federal, private or other sources.The general assembly shall appropriate moneys in the youth service and conservation corps fund for the support of the corps.

(L. 1990 H.B. 1653 § 24, A.L. 1993 H.B. 566)

620.1103 - Department may assign moneys, limitations — agreement, audit authorized — repayment of funds.

1.Notwithstanding any provision of law to the contrary, the department may in its discretion assign moneys from the youth opportunities and violence prevention fund to any entity designated by the department, for programs designated in section 135.460, section 620.1100 and this section, including, but not limited to, schools, state agencies, political subdivisions and agencies thereof, not-for-profit corporations or not-for-profit organizations, the Missouri youth conservation corps, community action agencies, caring community programs, or any other entity or program such as any early childhood program, including, but not limited to, the parents as teachers program or similar programs; provided that, such assignment of funds does not exceed fifteen percent of the total value of the fund, and provided further that no more than ten percent of such funds assigned shall be used for administrative purposes.

2.Any entity receiving funds pursuant to the youth opportunities and violence prevention act shall sign an agreement to utilize such funds for the programs designated in section 135.460, section 620.1100 and this section.The state auditor may conduct an audit to monitor the utilization of funds assigned by the department.If an entity uses funds for purposes other than for the programs designated in section 135.460, section 620.1100 and this section, the department shall require the entity to repay such funds to the department.

(L. 1995 H.B. 174, et al. § 14)

CROSS REFERENCE:

Tax credit for programs within youth opportunity program, 135.460

620.1003 - Centers, duties and powers.

The Missouri small business development centers in cooperation with appropriate department programs shall provide managerial and technical assistance to the small businesses.The centers shall also:

(1)Furnish one-to-one business counseling, management training, and other related services, with special emphasis on the development of management training programs using the resources of the business community, including the development of management training opportunities in existing business, and with emphasis in all cases of sufficient scope and duration to develop entrepreneurial and managerial self-sufficiency on the part of the individuals served;

(2)Assist in technology transfer, research and coupling from existing sources to small businesses, and provide technological assistance to small businesses;

(3)Maintain current information concerning federal, state and local regulations that affect small businesses and counsel small businesses on methods of compliance;

(4)Maintain a working relationship and open communications with the governor, the general assembly, and the department to address the various needs of the small business community, and develop working relationships with federal departments and agencies, state departments and agencies, the financial and investment communities, legal associations, local and regional private consultants, and local and regional small business groups and associations, or any other entity to the extent possible in order to help address the various needs of the small business community;

(5)Provide and maintain a comprehensive library that contains current information and statistical data needed by small businesses;

(6)Build and maintain a network which allows small businesses to identify experts who can further assist their business with highly technical or specialized needs;

(7)Provide services, to the extent possible, at locations which are easily accessible to the individuals and small businesses of this state.Basic counseling services shall be provided free of charge, and other services may be provided on a cost-reimbursement basis;

(8)Continue to upgrade and modify their* services, as needed, in order to meet the changing and evolving needs of the small business community;

(9)Be authorized to enter into agreements with the department to provide services under the provisions of sections 620.500 to 620.506; and

(10)Be authorized to provide any service authorized under the federal Small Business Development Centers Act.

(L. 1992 S.B. 661 & 620 § 3)

*Word "its" appears in original rolls.

620.2452 - Eligible applicants.

Applicants eligible for grants awarded shall include:

(1)Corporations, or their affiliates, registered in this state;

(2)Incorporated businesses or partnerships;

(3)Limited liability companies registered in this state;

(4)Nonprofit organizations registered in this state;

(5)Political subdivisions; and

(6)Rural electric cooperatives organized under chapter 394 and their broadband affiliates.

(L. 2018 H.B. 1456 merged with H.B. 1872)

Sunset date 8-28-21

Termination date 9-01-22

620.560 - Community services and conservation program.

1.The community services and conservation program for young adults shall consist of projects offering participants paid work experience integrated with educational activities which may include, but is not limited to, employability skills training and educational remediation activities.

2.Participants who are high school dropouts shall work toward the completion of their graduate equivalency diploma and shall be excused from work according to a planned work schedule proposed by the project sponsor and approved by the division of workforce development in its review of a project application, to allow them to attend classes or gain instruction.The division of workforce development shall work with the department of elementary and secondary education to establish criteria for determining participants who may be at risk of not earning a high school diploma.Participants who meet these criteria shall be required to attend remediation classes designed to assist in the retention and successful completion of high school according to a planned work schedule proposed by the project sponsor and approved by the division in its review of a project application.All participants shall be paid a wage according to a work plan approved by the division, and commensurate with the number of hours worked by the participant.During the last three weeks of employment, all participants may be granted eight hours of paid time each week to search for permanent employment.

(L. 1990 H.B. 1653 § 17, A.L. 1994 H.B. 1248 & 1048, A.L. 2014 H.B. 1299 Revision)

620.564 - Youth volunteer program.

The youth volunteer program shall consist of unpaid work in projects which provide employability skills training and preemployment work experience.Such unpaid work shall not preclude the provision of supportive services deemed appropriate.Each volunteer program of the Missouri youth service and conservation corps shall demonstrate a high degree of youth input into program development, shall provide career-related information pertaining to volunteer projects, shall provide useful service to the community and shall abide by state and federal child labor laws.

(L. 1990 H.B. 1653 § 19)

620.2456 - Connect America Fund, no grants awarded — limitations on grant amount — limitations on grant requirements.

1.The department of economic development shall not award any grant to an otherwise eligible grant applicant where funding from the Connect America Fund has been awarded, where high-cost support from the federal Universal Service Fund has been received by rate of return carriers, or where any other federal funding has been awarded which did not require any matching-fund component, for any portion of the proposed project area, nor shall any grant money be used to serve any retail end user that already has access to wireline or fixed wireless broadband internet service of speeds of at least twenty-five megabits per-second download and three megabits per-second upload.

2.No grant awarded under sections 620.2450 to 620.2458, when combined with any federal, state, or local funds, shall fund more than fifty percent of the total cost of a project.

3.No single project shall be awarded grants under sections 620.2450 to 620.2458 whose cumulative total exceeds five million dollars.

4.The department of economic development shall endeavor to award grants under sections 620.2450 to 620.2458 to qualified applicants in all regions of the state.

5.An award granted under sections 620.2450 to 620.2458 shall not:

(1)Require an open access network;

(2)Impose rates, terms, and conditions that differ from what a provider offers in other areas of its service area;

(3)Impose any rate, service, or any other type of regulation beyond speed requirements set forth in section 620.2451; or

(4)Impose an unreasonable time constraint on the time to build the service.

(L. 2018 H.B. 1456 merged with H.B. 1872)

Sunset date 8-28-21

Termination date 9-01-22

620.035 - Duties as to energy activities — department may enter into contracts and agreements, when.

1.The department of economic development shall be vested with the powers and duties prescribed by law and shall have the power to carry out the following activities:

(1)Assessing the impact of national energy policies on this state's supply and use of energy and this state's public health, safety and welfare;

(2)Consulting and cooperating with all state and federal governmental agencies, departments, boards and commissions and all other interested agencies and institutions, governmental and nongovernmental, public and private, on matters of energy research and development, management, conservation and distribution;

(3)The monitoring and analyzing of all federal, state, local and voluntarily disclosed private sector energy research projects and voluntarily disclosed private sector energy related data and information concerning supply and consumption, in order to plan for the future energy needs of this state.All information gathered shall be maintained, revised and updated as an aid to any interested person, foundation or other organization, public or private;

(4)Analyzing the potential for increased utilization of coal, nuclear, solar, resource recovery and reuse, landfill gas, projects to reduce and capture methane and other greenhouse gas emissions from landfills, energy efficient technologies and other energy alternatives, and making recommendations for the expanded use of alternate energy sources and technologies;

(5)Entering into cooperative agreements with other states, political subdivisions, private entities, or educational institutions for the purpose of seeking and securing federal grants for the department and its partners in the grants;

(6)The development and promotion of state energy conservation programs, including:

(a)Public education and information in energy-related areas;

(b)Developing energy efficiency standards for agricultural and industrial energy use and for new and existing buildings, to be promoted through technical assistance efforts by cooperative arrangements with interested public, business and civic groups and by cooperating with political subdivisions of this state;

(c)Preparing plans for reducing energy use in the event of an energy or other resource supply emergency.

2.No funds shall be expended to implement the provisions of this section until funds are specifically appropriated for that purpose.In order to carry out its responsibilities under this section, the department may expend any such appropriated funds by entering into agreements, contracts, grants, subgrants, or cooperative arrangements under various terms and conditions in the best interest of the state with other state, federal, or interstate agencies, political subdivisions, not-for-profit entities or organizations, educational institutions, or other entities, both public and private, to carry out its responsibilities.

(L. 1979 H.B. 72 § 1, A.L. 2009 H.B. 661, A.L. 2018 S.B. 975 & 1024 Revision)

Transferred 2018; formerly § 640.150.

620.635 - Title of law.

Sections 620.635 to 620.653 shall be known and may be cited as the "Missouri New Enterprise Creation Act".

(L. 1999 S.B. 518 § 1)

Effective 7-08-99

620.568 - Administration by project sponsor — administrative expenses.

1.A project sponsor shall administer projects funded under sections 620.552 to 620.574 in the following manner:

(1)Participants, except those enrolled in the youth volunteer program, shall be paid at least the minimum wage as established by federal or state law at the time of employment;

(2)Persons employed through any of the corps programs shall be exempt from merit system requirements, and shall not be eligible for membership in any public employees' retirement system.All participants shall be so advised by the project sponsor and the regulating authority;

(3)Services performed by a participant in any corps program shall not constitute "employment" within the meaning of the Missouri employment security law in chapter 288, if the program is operated as a work-relief or work-training program in accordance with subdivision (5) of subsection 9 of section 288.034.

2.Not more than ten percent of the funds distributed to a project sponsor may be expended for administrative expenses.Administrative expenses shall be approved by the division.

3.No funds shall be awarded for any program which replaces or supplants employees engaged in any authorized work stoppage or which replaces or supplants currently employed workers or which impairs existing contracts for services provided by other workers.

(L. 1990 H.B. 1653 § 21, A.L. 1991 H.B. 422, et al.)

620.1001 - Small business development fund created — distribution — lapse into general revenue prohibited, exception — interest and income to be credited to fund.

1.There is hereby established in the state treasury a special trust fund to be known as the "Missouri Small Business Development Centers Fund", which shall consist of all moneys which may be appropriated to it by the general assembly, and in addition may include any gifts, contributions, grants or bequests received from federal, state, private or other sources.

2.The department may authorize the state treasurer to make payments from the fund to the host entity to be distributed within the Missouri small business development centers program.Payments made under sections 620.1000 to 620.1007 to the host entity for the Missouri small business development centers program shall be distributed on a matching basis to other small business development centers in this state.

3.Whenever the general assembly has appropriated moneys to be used for making payments as authorized in sections 620.1000 to 620.1007, the department shall enter into a financial agreement with the host entity for the amount of moneys available from the fund.The department shall notify the state treasurer to disburse payment to the host entity from the fund upon completion of the financial agreement.Any portion of any state or local moneys allocated under sections 620.1000 to 620.1007 may be used to qualify for matching federal moneys.

4.The director shall have administrative control of the moneys from the fund and all moneys from the fund shall be used exclusively for the purpose of sections 620.1000 to 620.1007.The host entity shall provide controls to ensure proper distribution of the moneys from the fund.

5.Any moneys remaining in the fund at the end of any fiscal year shall not lapse to the general revenue fund, as provided in section 33.080, but shall remain in the fund.The state treasurer shall invest moneys of the fund which are not needed to meet current obligations in the same manner as other state moneys may be invested.All yield, interest, income, increment and gain received from the investment of moneys of the fund shall be credited to the fund.If the fund is ever abolished, all moneys in the fund on the effective date of its abolition shall lapse to the general revenue fund of the state.

(L. 1992 S.B. 661 & 620 § 2)

620.572 - Allocations for operation of corps.

The directors of the departments of conservation, economic development, social services, elementary and secondary education, labor and industrial relations, and natural resources and the director of the University of Missouri extension system shall meet regularly to establish appropriate allocations from their respective budgets to be made for the operation of the Missouri youth service and conservation corps.Funding for the operation of the corps may come from, but not be limited to, moneys available through the federal Carl Perkins Act, the federal Workforce Investment Act, the federal Wagner-Peyser Act, the one-eighth of one cent sales tax as authorized by Sections 43(a) and 43(b) of Article IV of the Missouri Constitution, and other discretionary funds which may be available to the various departments and to the governor's office.

(L. 1990 H.B. 1653 § 23, A.L. 2014 H.B. 1299 Revision)

620.1058 - Use of loans — amount — limitation.

Any loan made pursuant to the Missouri capital access program shall be used predominantly for business activities within the state of Missouri.No program loan when aggregated with other program loans by the same financial institution to the same borrower shall exceed five hundred thousand dollars.No program loan shall be used to refinance prior nonprogram debt nor shall any program loan be made for passive real estate purposes.

(L. 1994 H.B. 1248 & 1048 § 6)

620.495 - Small business incubator program — definitions — tax credit.

1.This section shall be known as the "Small Business Incubators Act".

2.As used in this section, unless the context clearly indicates otherwise, the following words and phrases shall mean:

(1)"Department", the department of economic development;

(2)"Incubator", a program in which small units of space may be leased by a tenant and in which management maintains or provides access to business development services for use by tenants or a program without infrastructure in which participants avail themselves of business development services to assist in the growth of their start-up small businesses;

(3)"Local sponsor" or "sponsor", an organization which enters into a written agreement with the department to establish, operate and administer a small business incubator program or to provide funding to an organization which operates such a program;

(4)"Participant", a sole proprietorship, business partnership or corporation operating a business for profit through which the owner avails himself or herself of business development services in an incubator program;

(5)"Tenant", a sole proprietorship, business partnership or corporation operating a business for profit and leasing or otherwise occupying space in an incubator.

3.There is hereby established under the direction of the department a loan, loan guarantee and grant program for the establishment, operation and administration of small business incubators, to be known as the "Small Business Incubator Program".A local sponsor may submit an application to the department to obtain a loan, loan guarantee or grant to establish an incubator.Each application shall:

(1)Demonstrate that a program exists that can be transformed into an incubator at a specified cost;

(2)Demonstrate the ability to directly provide or arrange for the provision of business development services for tenants and participants of the incubator.These services shall include, but need not be limited to, financial consulting assistance, management and marketing assistance, business education, and physical services;

(3)Demonstrate a potential for sustained use of the incubator program by eligible tenants and participants, through a market study or other means;

(4)Demonstrate the ability to manage and operate the incubator program;

(5)Include such other information as the department may require through its guidelines.

4.The department shall review and accept applications based on the following criteria:

(1)Ability of the local sponsor to carry out the provisions of this section;

(2)Economic impact of the incubator on the community;

(3)Conformance with areawide and local economic development plans, if such exist;

(4)Location of the incubator, in order to encourage geographic distribution of incubators across the state.

5.Loans, loan guarantees and grants shall be administered in the following manner:

(1)Loans awarded or guaranteed and grants awarded shall be used only for the acquisition and leasing of land and existing buildings, the rehabilitation of buildings or other facilities, construction of new facilities, the purchase of equipment and furnishings which are necessary for the creation and operation of the incubator, and business development services including, but not limited to, business management advising and business education;

(2)Loans, loan guarantees and grants may not exceed fifty percent of total eligible project costs;

(3)Payment of interest and principal on loans may be deferred at the discretion of the department.

6.A local sponsor, or the organization receiving assistance through the local sponsor, shall have the following responsibilities and duties in establishing and operating an incubator with assistance from the small business incubator program:

(1)Secure title on a facility for the program or a lease of a facility for the program;

(2)Manage the physical development of the incubator program, including the provision of common conference or meeting space;

(3)Furnish and equip the program to provide business services to the tenants and participants;

(4)Market the program and secure eligible tenants and participants;

(5)Provide financial consulting, marketing and management assistance services or arrange for the provision of these services for tenants and participants of the incubator, including assistance in accessing private financial markets;

(6)Set rental and service fees;

(7)Encourage the sharing of ideas between tenants and participants and otherwise aid the tenants and participants in an innovative manner while they are within the incubator;

(8)Establish policies and criteria for the acceptance of tenants and participants into the incubator and for the termination of occupancy of tenants so as to maximize the opportunity to succeed for the greatest number of tenants, consistent with those specified in this section.

7.The department:

(1)May adopt such rules, statements of policy, procedures, forms and guidelines as may be necessary for the implementation of this section;

(2)May make loans, loan guarantees and grants to local sponsors for incubators;

(3)Shall ensure that local sponsors receiving loans, loan guarantees or grants meet the conditions of this section;

(4)Shall receive and evaluate annual reports from local sponsors.Such annual reports shall include, but need not be limited to, a financial statement for the incubator, evidence that all tenants and participants in the program are eligible under the terms of this section, and a list of companies in the incubator.

8.The department of economic development is also hereby authorized to review any previous loans made under this program and, where appropriate in the department's judgment, convert such loans to grant status.

9.On or before January first of each year, the department shall provide a report to the governor, the chief clerk of the house of representatives and the secretary of the senate which shall include, but need not be limited to:

(1)The number of applications for incubators submitted to the department;

(2)The number of applications for incubators approved by the department;

(3)The number of incubators created through the small business incubator program;

(4)The number of tenants and participants engaged in each incubator;

(5)The number of jobs provided by each incubator and tenants and participant of each incubator;

(6)The occupancy rate of each incubator;

(7)The number of firms still operating in the state after leaving incubators and the number of jobs they have provided.

10.There is hereby established in the state treasury a special fund to be known as the "Missouri Small Business Incubators Fund", which shall consist of all moneys which may be appropriated to it by the general assembly, and also any gifts, contributions, grants or bequests received from federal, private or other sources.Moneys for loans, loan guarantees and grants under the small business incubator program may be obtained from appropriations made by the general assembly from the Missouri small business incubators fund.Any moneys remaining in the Missouri small business incubators fund at the end of any fiscal year shall not lapse to the general revenue fund, as provided in section 33.080, but shall remain in the Missouri small business incubators fund.

11.For any taxable year beginning after December 31, 1989, a taxpayer, including any charitable organization which is exempt from federal income tax and whose Missouri unrelated business taxable income, if any, would be subject to the state income tax imposed under chapter 143, shall be entitled to a tax credit against any tax otherwise due under the provisions of chapter 143, or chapter 147, or chapter 148, excluding withholding tax imposed by sections 143.191 to 143.265, in the amount of fifty percent of any amount contributed by the taxpayer to the Missouri small business incubators fund during the taxpayer's tax year or any contribution by the taxpayer to a local sponsor after the local sponsor's application has been accepted and approved by the department.The tax credit allowed by this subsection shall be claimed by the taxpayer at the time he files his return and shall be applied against the income tax liability imposed by chapter 143, or chapter 147, or chapter 148, after all other credits provided by law have been applied.That portion of earned tax credits which exceeds the taxpayer's tax liability may be carried forward for up to five years.The aggregate of all tax credits authorized under this section shall not exceed five hundred thousand dollars in any taxable year.

12.Notwithstanding any provision of Missouri law to the contrary, any taxpayer may sell, assign, exchange, convey or otherwise transfer tax credits allowed in subsection 11 of this section under the terms and conditions prescribed in subdivisions (1) and (2) of this subsection.Such taxpayer, hereinafter the assignor for the purpose of this subsection, may sell, assign, exchange or otherwise transfer earned tax credits:

(1)For no less than seventy-five percent of the par value of such credits; and

(2)In an amount not to exceed one hundred percent of annual earned credits.

The taxpayer acquiring earned credits, hereinafter the assignee for the purpose of this subsection, may use the acquired credits to offset up to one hundred percent of the tax liabilities otherwise imposed by chapter 143, or chapter 147, or chapter 148 excluding withholding tax imposed by sections 143.191 to 143.265.Unused credits in the hands of the assignee may be carried forward for up to five years.The assignor shall enter into a written agreement with the assignee establishing the terms and conditions of the agreement and shall perfect such transfer by notifying the department of economic development in writing within thirty calendar days following the effective day of the transfer and shall provide any information as may be required by the department of economic development to administer and carry out the provisions of this section.The director of the department of economic development shall prescribe the method for submitting applications for claiming the tax credit allowed under subsection 11 of this section and shall, if the application is approved, certify to the director of revenue that the taxpayer claiming the credit has satisfied all the requirements specified in this section and is eligible to claim the credit.

(L. 1986 S.B. 554 § 1, A.L. 1989 H.B. 249 & 47, A.L. 1993 H.B. 566, A.L. 2007 1st Ex. Sess. H.B. 1)

Effective 11-28-07

CROSS REFERENCE:

Tax Credit Accountability Act of 2004, additional requirements, 135.800 to 135.830

620.1005 - Governmental agencies to supply reports, statistical data and other materials — publication of data by director, costs.

1.In order to ensure that all programs and activities related to the purposes of sections 620.1000 to 620.1007 are carried out in a coordinated manner, the director may call upon other government departments and agencies to supply such statistical data, program reports and other materials, information and assistance as he deems necessary to discharge his responsibilities under sections 620.1000 to 620.1007.

2.In order to ensure that all programs and activities related to the purposes of sections 620.1000 to 620.1007 are used to the maximum extent possible, and to ensure that information concerning such programs and other relevant information is readily available, the director may, as he deems appropriate, collect, prepare, analyze, correlate and distribute such information, either free of charge or by sale at cost, and make arrangements and pay for any printing and binding.

(L. 1992 S.B. 661 & 620 § 4)

620.1350 - Investment funds service corporation may make annual election to compute income derived within state — procedure.

1.The words used in this section and sections 620.1355 and 620.1360 shall, unless the context otherwise requires, have the meaning provided in subdivision (4) of subsection 2 of section 143.451, and in addition, the following words shall have the following meanings:

(1)"Department", the department of economic development;

(2)"Director", the director of the department of economic development.

2.An investment funds service corporation or S corporation, certified pursuant to this section and sections 620.1355 and 620.1360, may make an annual election to compute the portion of income derived from sources within this state either pursuant to section 143.451 or pursuant to section 32.200 relating to the multistate tax compact.The annual election shall be made by the filing of a corporate income tax return reflecting the use of such election and by filing a copy of the certificate issued by the director pursuant to the provisions of this section and sections 620.1355 and 620.1360.The annual election may be made regardless of whether the corporation filed its income tax return on a single entity basis or was included in a consolidated income tax return in any year.

3.Notwithstanding the provisions of subsection 2 of this section to the contrary, for all tax years beginning on or after January 1, 2020, an investment funds service corporation or S corporation, certified pursuant to this section and sections 620.1355 and 620.1360, shall compute the portion of income derived from sources within this state pursuant to section 143.455.

(L. 1997 2d Ex. Sess. S.B. 1 § 620.1350 subsecs 1, 2, A.L. 2018 S.B. 884)

620.2015 - Relocation of business, factor in determining eligibility — benefits, requirements — written agreement required.

1.In exchange for the consideration provided by the tax revenues and other economic stimuli that will be generated by the retention of jobs and the making of new capital investment in this state, a qualified company may be eligible to receive the benefits described in this section if the department determines that there is a significant probability that the qualified company would relocate to another state in the absence of the benefits authorized under this section.In no event shall the total amount of benefits available to all qualified companies under this section exceed six million dollars in any fiscal year.

2.A qualified company meeting the requirements of this section may be authorized to retain an amount not to exceed one hundred percent of the withholding tax from full-time jobs that would otherwise be withheld and remitted by the qualified company under the provisions of sections 143.191 to 143.265 for a period of ten years if the average wage of the retained jobs equals or exceeds ninety percent of the county average wage.In order to receive benefits under this section, a qualified company shall enter into written agreement with the department containing detailed performance requirements and repayment penalties in event of nonperformance.The amount of benefits awarded to a qualified company under this section shall not exceed the projected net fiscal benefit and shall not exceed the least amount necessary to obtain the qualified company's commitment to retain the necessary number of jobs and make the required new capital investment.

3.In order to be eligible to receive benefits under this section, the qualified company shall meet each of the following conditions:

(1)The qualified company shall agree to retain, for a period of ten years from the date of approval of the notice of intent, at least fifty retained jobs; and

(2)The qualified company shall agree to make a new capital investment at the project facility within three years of the approval in an amount equal to one-half the total benefits, available under this section, which are offered to the qualified company by the department.

4.In awarding benefits under this section, the department shall consider the factors set forth in subsection 2 of section 620.2010.

5.Upon approval of a notice of intent to request benefits under this section, the department and the qualified company shall enter into a written agreement covering the applicable project period.The agreement shall specify, at a minimum:

(1)The committed number of retained jobs, payroll, and new capital investment for each year during the project period;

(2)Clawback provisions, as may be required by the department; and

(3)Any other provisions the department may require.

(L. 2013 H.B. 184)

Sunset date 8-28-30, see § 620.2020

Termination date 9-01-31, see § 620.2020

620.2458 - Rulemaking authority.

The department of economic development shall develop administrative rules governing the eligibility, application and grant award process, and to implement the provisions of sections 620.2450 to 620.2458.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, 2018, shall be invalid and void.

(L. 2018 H.B. 1456 merged with H.B. 1872)

Sunset date 8-28-21

Termination date 9-01-22

620.1240 - Administration by director, rulemaking authority.

The director of the department of economic development shall administer sections 620.1210 to 620.1240.The director may issue such orders and promulgate such administrative rules that, in the opinion of the director, are necessary to execute and enforce the purposes of sections 620.1210 to 620.1240. No rule or portion of a rule promulgated pursuant to the authority of sections 620.1210 to 620.1240 shall become effective unless it has been promulgated pursuant to the provisions of chapter 536.

(L. 1996 H.B. 1237 § 6)

620.2005 - Definitions.

As used in sections 620.2000 to 620.2020, the following terms mean:

(1)"Average wage", the new payroll divided by the number of new jobs, or the payroll of the retained jobs divided by the number of retained jobs;

(2)"Commencement of operations", the starting date for the qualified company's first new employee, which shall be no later than twelve months from the date of the approval;

(3)"County average wage", the average wages in each county as determined by the department for the most recently completed full calendar year.However, if the computed county average wage is above the statewide average wage, the statewide average wage shall be deemed the county average wage for such county for the purpose of determining eligibility.The department shall publish the county average wage for each county at least annually.Notwithstanding the provisions of this subdivision to the contrary, for any qualified company that in conjunction with their project is relocating employees from a Missouri county with a higher county average wage, the company shall obtain the endorsement of the governing body of the community from which jobs are being relocated or the county average wage for their project shall be the county average wage for the county from which the employees are being relocated;

(4)"Department", the Missouri department of economic development;

(5)"Director", the director of the department of economic development;

(6)"Employee", a person employed by a qualified company, excluding:

(a)Owners of the qualified company unless the qualified company is participating in an employee stock ownership plan; or

(b)Owners of a noncontrolling interest in stock of a qualified company that is publicly* traded;

(7)"Existing Missouri business", a qualified company that, for the ten-year period preceding submission of a notice of intent to the department, had a physical location in Missouri and full-time employees who routinely perform job duties within Missouri;

(8)"Full-time employee", an employee of the qualified company that is scheduled to work an average of at least thirty-five hours per week for a twelve-month period, and one for which the qualified company offers health insurance and pays at least fifty percent of such insurance premiums.An employee that spends less than fifty percent of the employee's work time at the facility shall be considered to be located at a facility if the employee receives his or her directions and control from that facility, is on the facility's payroll, one hundred percent of the employee's income from such employment is Missouri income, and the employee is paid at or above the applicable percentage of the county average wage;

(9)"Local incentives", the present value of the dollar amount of direct benefit received by a qualified company for a project facility from one or more local political subdivisions, but this term shall not include loans or other funds provided to the qualified company that shall be repaid by the qualified company to the political subdivision;

(10)"NAICS" or "NAICS industry classification", the classification provided by the most recent edition of the North American Industry Classification System as prepared by the Executive Office of the President, Office of Management and Budget;

(11)"New capital investment", shall include costs incurred by the qualified company at the project facility after acceptance by the qualified company of the proposal for benefits from the department or the approval notice of intent, whichever occurs first, for real or personal property, and may include the value of finance or capital leases for real or personal property for the term of such lease at the project facility executed after acceptance by the qualified company of the proposal for benefits from the department or the approval of the notice of intent;

(12)"New direct local revenue", the present value of the dollar amount of direct net new tax revenues of the local political subdivisions likely to be produced by the project over a ten-year period as calculated by the department, excluding local earnings tax, and net new utility revenues, provided the local incentives include a discount or other direct incentives from utilities owned or operated by the political subdivision;

(13)"New job", the number of full-time employees located at the project facility that exceeds the project facility base employment less any decrease in the number of full-time employees at related facilities below the related facility base employment.No job that was created prior to the date of the notice of intent shall be deemed a new job;

(14)"New payroll", the amount of wages paid for all new jobs, located at the project facility during the qualified company's tax year that exceeds the project facility base payroll;

(15)"Notice of intent", a form developed by the department and available online, completed by the qualified company, and submitted to the department stating the qualified company's intent to request benefits under this program;

(16)"Percent of local incentives", the amount of local incentives divided by the amount of new direct local revenue;

(17)"Program", the Missouri works program established in sections 620.2000 to 620.2020;

(18)"Project facility", the building or buildings used by a qualified company at which new or retained jobs and any new capital investment are or will be located.A project facility may include separate buildings located within sixty miles of each other such that their purpose and operations are interrelated; provided that where the buildings making up the project facility are not located within the same county, the average wage of the new payroll shall exceed the applicable percentage of the highest county average wage among the counties in which the buildings are located.Upon approval by the department, a subsequent project facility may be designated if the qualified company demonstrates a need to relocate to the subsequent project facility at any time during the project period;

(19)"Project facility base employment", the greater of the number of full-time employees located at the project facility on the date of the notice of intent or, for the twelve-month period prior to the date of the notice of intent, the average number of full-time employees located at the project facility.In the event the project facility has not been in operation for a full twelve-month period, the average number of full-time employees for the number of months the project facility has been in operation prior to the date of the notice of intent;

(20)"Project facility base payroll", the annualized payroll for the project facility base employment or the total amount of wages paid by the qualified company to full-time employees of the qualified company located at the project facility in the twelve months prior to the notice of intent.For purposes of calculating the benefits under this program, the amount of base payroll shall increase each year based on an appropriate measure, as determined by the department;

(21)"Project period", the time period within which benefits are awarded to a qualified company or within which the qualified company is obligated to perform under an agreement with the department, whichever is greater;

(22)"Projected net fiscal benefit", the total fiscal benefit to the state less any state benefits offered to the qualified company, as determined by the department;

(23)"Qualified company", a firm, partnership, joint venture, association, private or public corporation whether organized for profit or not, or headquarters of such entity registered to do business in Missouri that is the owner or operator of a project facility, certifies that it offers health insurance to all full-time employees of all facilities located in this state, and certifies that it pays at least fifty percent of such insurance premiums.For the purposes of sections 620.2000 to 620.2020, the term "qualified company" shall not include:

(a)Gambling establishments (NAICS industry group 7132);

(b)Store front consumer-based retail trade establishments (under NAICS sectors 44 and 45), except with respect to any company headquartered in this state with a majority of its full-time employees engaged in operations not within the NAICS codes specified in this subdivision;

(c)Food and drinking places (NAICS subsector 722);

(d)Public utilities (NAICS 221 including water and sewer services);

(e)Any company that is delinquent in the payment of any nonprotested taxes or any other amounts due the state or federal government or any other political subdivision of this state;

(f)Any company requesting benefits for retained jobs that has filed for or has publicly announced its intention to file for bankruptcy protection.However, a company that has filed for or has publicly announced its intention to file for bankruptcy may be a qualified company provided that such company:

a.Certifies to the department that it plans to reorganize and not to liquidate; and

b.After its bankruptcy petition has been filed, it produces proof, in a form and at times satisfactory to the department, that it is not delinquent in filing any tax returns or making any payment due to the state of Missouri, including but not limited to all tax payments due after the filing of the bankruptcy petition and under the terms of the plan of reorganization.Any taxpayer who is awarded benefits under this subsection and who files for bankruptcy under Chapter 7 of the United States Bankruptcy Code, Title 11 U.S.C., shall immediately notify the department and shall forfeit such benefits and shall repay the state an amount equal to any state tax credits already redeemed and any withholding taxes already retained;

(g)Educational services (NAICS sector 61);

(h)Religious organizations (NAICS industry group 8131);

(i)Public administration (NAICS sector 92);

(j)Ethanol distillation or production;

(k)Biodiesel production; or

(l)Health care and social services (NAICS sector 62).

Notwithstanding any provision of this section to the contrary, the headquarters, administrative offices, or research and development facilities of an otherwise excluded business may qualify for benefits if the offices or facilities serve a multistate territory.In the event a national, state, or regional headquarters operation is not the predominant activity of a project facility, the jobs and investment of such operation shall be considered eligible for benefits under this section if the other requirements are satisfied;

(24)"Related company", shall mean:

(a)A corporation, partnership, trust, or association controlled by the qualified company;

(b)An individual, corporation, partnership, trust, or association in control of the qualified company; or

(c)Corporations, partnerships, trusts or associations controlled by an individual, corporation, partnership, trust, or association in control of the qualified company.As used in this paragraph, "control of a qualified company" shall mean:

a.Ownership, directly or indirectly, of stock possessing at least fifty percent of the total combined voting power of all classes of stock entitled to vote in the case of a qualified company that is a corporation;

b.Ownership of at least fifty percent of the capital or profits interest in such qualified company if it is a partnership or association;

c.Ownership, directly or indirectly, of at least fifty percent of the beneficial interest in the principal or income of such qualified company if it is a trust, and ownership shall be determined as provided in Section 318 of the Internal Revenue Code of 1986, as amended;

(25)"Related facility", a facility operated by the qualified company or a related company located in this state that is directly related to the operations of the project facility or in which operations substantially similar to the operations of the project facility are performed;

(26)"Related facility base employment", the greater of the number of full-time employees located at all related facilities on the date of the notice of intent or, for the twelve-month period prior to the date of the notice of intent, the average number of full-time employees located at all related facilities of the qualified company or a related company located in this state;

(27)"Related facility base payroll", the annualized payroll of the related facility base payroll or the total amount of taxable wages paid by the qualified company to full-time employees of the qualified company located at a related facility in the twelve months prior to the filing of the notice of intent.For purposes of calculating the benefits under this program, the amount of related facility base payroll shall increase each year based on an appropriate measure, as determined by the department;

(28)"Rural area", a county in Missouri with a population less than seventy-five thousand or that does not contain an individual city with a population greater than fifty thousand according to the most recent federal decennial census;

(29)"Tax credits", tax credits issued by the department to offset the state taxes imposed by chapters 143 and 148, or which may be sold or refunded as provided for in this program;

(30)"Withholding tax", the state tax imposed by sections 143.191 to 143.265.For purposes of this program, the withholding tax shall be computed using a schedule as determined by the department based on average wages; and

(31)This section is subject to the provisions of section 196.1127.

(L. 2013 H.B. 184)

Sunset date 8-28-30, see § 620.2020

Termination date 9-01-321, see § 620.2020

*Word "publically" appears in original rolls.

620.2454 - Criteria, scoring system, and list of underserved areas, department to publish on website — challenges, evaluation of.

1.At least thirty days prior to the first day applications may be submitted each fiscal year, the department of economic development shall publish on its website the specific criteria and any quantitative weighting scheme or scoring system the department will use to evaluate or rank applications and award grants under section 620.2455.Such criteria and quantitative scoring system shall include the criteria set forth in section 620.2455.

2.Within three business days of the close of the grant application process, the department of economic development shall publish on its website the proposed unserved and underserved areas, and the proposed broadband internet speeds for each application submitted.Upon request, the department shall provide a copy of any application to an interested party.

3.A broadband internet service provider that provides existing service in or adjacent to the proposed project area may submit to the department of economic development, within forty-five days of publication of the information under subsection 2 of this section, a written challenge to an application.Such challenge shall contain information demonstrating that:

(1)The provider currently provides broadband internet service to retail customers within the proposed unserved or underserved area;

(2)The provider has begun construction to provide broadband internet service to retail customers within the proposed unserved or underserved area; or

(3)The provider commits to providing broadband internet service to retail customers within the proposed unserved or underserved areas within the timeframe proposed by the applicant.

4.Within three business days of the submission of a written challenge, the department of economic development shall notify the applicant of such challenge.

5.The department of economic development shall evaluate each challenge submitted under this section.If the department determines that the provider currently provides, has begun construction to provide, or commits to provide broadband internet service at speeds of at least twenty-five megabits per-second download and three megabits per-second upload, but scalable to higher speeds, in the proposed project area, the department shall not fund the challenged project.

6.If the department of economic development denies funding to an applicant as a result of a broadband internet service provider challenge under this section and such broadband internet service provider does not fulfill its commitment to provide broadband internet service in the unserved or underserved area, the department of economic development shall not consider another challenge from such broadband internet service provider for the next two grant cycles, unless the department determines the failure to fulfill the commitment was due to circumstances beyond the broadband internet service provider's control.

(L. 2018 H.B. 1456 merged with H.B. 1872)

Sunset date 8-28-21

Termination date 9-01-22

620.566 - Administration of programs — rules and regulations — application, contents, review.

1.The division of workforce development within the department of economic development is hereby authorized to administer the Missouri youth service and conservation corps programs and adopt rules and regulations governing their operation and participation requirements.

2.The division shall cooperate with and may directly contract with all state agencies, local units of government and any of the governor's advisory councils or commissions, or their successor agencies, and with private not-for-profit organizations in delivery of youth corps programs.For purposes of this section, the contracting process of the division with these entities need not be governed by the provisions of chapter 34.

3.Upon application to the division and subject to the availability of funds, the division is authorized to provide funding assistance through contracts with administrative entities, designated pursuant to the Workforce Investment Act and any subsequent amendments, and project sponsors.The application shall form the basis for the contract agreement and, at a minimum, shall include:

(1)A general project description, including the extent to which it satisfies community development or resource conservation objectives and whether or not such objectives are stated within any municipal, county, regional or state agency plan;

(2)The number of corps members to be assigned to each project, a description of the nature and duration of their employment or volunteer work, and a description of combinations or sequences of education or vocational training to be provided;

(3)The amount of total funds required to sustain the project, distinguishing between the amounts required for corps members' wages and stipends, if any, and the amounts required for other purposes;

(4)A statement of the amount and purpose of funding assistance requested from the division and the manner and timing of its disbursement;

(5)A description of the interagency coordination, technical assistance and financial support which together with the funding assistance, the resources of the applicant and support from any other source, is sufficient to ensure the success of the project.The commitment of financial support from the project sponsor shall be equal to or greater than twenty-five percent of the amount of the total project cost.

4.An application shall only be submitted to the division after review by the private industry council operating within the service delivery area in which the project is to be located, regardless of the actual project sponsor.It shall include the signatures of the workforce investment board chairperson and the designated chief local elected official of the local workforce investment area.

5.The division shall ensure that all affected state agencies are made aware of the application and are provided the opportunity to offer comments related to the project feasibility, including the identification of other available funds for the project.

(L. 1990 H.B. 1653 § 20, A.L. 1993 H.B. 566, A.L. 2014 H.B. 1299 Revision)

620.466 - Definitions — tourism marketing fund, established, purpose, administration, investment — powers of tourism commission — royalty payments required, when — state exemption from taxes.

1.As used in this section, the following terms mean:

(1)"Director", the director of the division of tourism;

(2)"Fund", the tourism marketing fund created by this section;

(3)"Marketing", the sale, gift, or other transfer of special items or other items, all of which shall be made in the United States of America, in accordance with the provisions of this section;

(4)"Person", any individual, corporation, partnership, firm, association, public or private agency, or other organization;

(5)"Promotion", the planning and conducting of information and advertising campaigns;

(6)"Special item", an item or work containing a logo, design, trademark, patentable material, or copyrightable material owned by the state of Missouri or any agency instrumentality, or public officer thereof, and which item or work relates in any way to any of the powers, duties, or functions of the director of the division of tourism;

(7)"Trademark", any trademark granted by either the United States or any state thereof.

2.There is hereby established a special trust fund to be known as the "Tourism Marketing Fund".The provisions of section 33.080 requiring the transfer of unexpended balances to the general revenue fund at the end of each biennium shall not apply to the moneys in the tourism marketing fund; except that, if at the end of any biennium the fund balance exceeds one and one-half times the amount expended pursuant to appropriations from the fund in the previous fiscal year, the amount of such excess shall be transferred to the general revenue fund.The director shall have administrative control of the tourism marketing fund, and all moneys in the fund shall be used exclusively for the purposes of sections 620.450 to 620.465.The state treasurer shall invest moneys of the tourism marketing fund which are not needed to meet current obligations in the same manner as other state funds may be invested by him.All yield, interest, income, increment, and gain received from the investment of moneys of the tourism marketing fund shall be credited to the tourism marketing fund.If the tourism marketing fund is ever abolished, all moneys in the fund on the effective date of its abolition shall by appropriation be transferred to the general revenue fund of the state.

3.The tourism commission or the tourism commissions' designee may:

(1)Market special items in any manner consistent with the goal of the promotion of tourism, with the receipts to be deposited in the fund;

(2)Receive and accept, to be deposited in the fund, grants, gifts, and contributions from any and all public and private sources whatsoever, in addition to money received from the marketing of special items or other items in accordance with this section;

(3)Subject to approval by the commission and through the normal appropriation process, employ personnel as necessary for the marketing of special items and other items, as well as for the efficient administration of this section;

(4)Grant exclusive or nonexclusive licenses to any person with respect to the performance of any marketing duties or powers under this section;

(5)Make and execute contracts and all other instruments necessary or convenient for the performance of his duties and the exercise of his powers and functions under this section.In addition, appropriate contracts shall be executed that will allow computerization of attractions and tourism related activities in state information centers;

(6)Use the money in the fund for marketing special items or other items in accordance with this section for the promotion and development of tourism in the state and for the administration of sections 620.450 to 620.465;

(7)Begin marketing special items together with other items on or within land or facilities owned or leased by the state, with the cooperation of the state agency, board, or commission in control of the land or facilities.

4.No person may market special items without the written consent of the director, and the director may require royalty payments from such a person prior to giving his consent.Money from all royalty payments shall be deposited in the fund.

5.The director and every agency, board, and commission of the state are exempt from all taxes imposed by the state, arising out of the marketing of special items and other items in accordance with this section.However, this section does not exempt any other person from any applicable tax on his income or business insofar as that person is involved in the marketing of special items or other items in accordance with this section.

(L. 1987 H.B. 495)

620.1048 - Definitions.

As used in sections 620.1045 to 620.1063, the following terms mean:

(1)"Borrower", any small business that receives a loan with respect to which an amount is added to a program loss reserve account as provided in sections 620.1045 to 620.1063;

(2)"Department", the Missouri department of economic development;

(3)"Financial institution" or "institution", any bank, trust company, savings bank, credit union or savings and loan association with an office in Missouri which participates in the program;

(4)"Loan", a loan, sale and lease back, financial lease, conditional sale or any other extension of credit;

(5)"Program", the Missouri capital access program established in sections 620.1045 to 620.1063;

(6)"Small business", an independently owned and operated business as defined in 15 U.S.C. 632(a) and as described by 13 CFR 121, which is headquartered in and which employs at least eighty percent of its employees in Missouri, except that no such business shall have more than one hundred employees nor shall such business's annual revenues have* exceeded five million dollars in its most recently completed fiscal year.Such business must be involved in manufacturing, processing or assembling products, conducting research and development or providing services, but shall not include retail, real estate, insurance or professional services.

(L. 1994 H.B. 1248 & 1048 § 2)

*Word "have" does not appear in original rolls.

620.562 - Summer employment program — at-risk participants, remediation.

1.The summer employment program shall consist of projects offering needed paid work experience integrated with educational activities which may include, but is not limited to, employability skills training and educational remediation activities.Participants shall be unemployed at the time of their enrollment.

2.Participants in the program shall be paid a wage according to a work plan approved by the division of workforce development, and commensurate with the number of hours worked by the participant.If participants are high school dropouts, they shall be required to work toward the completion of their graduate equivalency diploma while employed in the summer employment and remediation program.The division of workforce development shall work with the department of elementary and secondary education to establish criteria for determining participants who may be at risk of not earning a high school diploma.Participants who meet these criteria shall be required to attend remediation classes designed to assist in the retention and successful completion of high school.

(L. 1990 H.B. 1653 § 18, A.L. 1994 H.B. 1248 & 1048, A.L. 2014 H.B. 1299 Revision)

620.2450 - Program established, expanded access to broadband internet service — definitions.

1.A grant program is hereby established under sections 620.2450 to 620.2458 to award grants to applicants who seek to expand access to broadband internet service in unserved and underserved areas of the state.The department of economic development shall administer and act as the fiscal agent for the grant program and shall be responsible for receiving and reviewing grant applications and awarding grants under sections 620.2450 to 620.2458.Funding for the grant program established under this section shall be subject to appropriation by the general assembly.

2.As used in sections 620.2450 to 620.2458, the following terms shall mean:

(1)"Underserved area", a project area without access to wireline or fixed wireless broadband internet service of speeds of at least twenty-five megabits per-second download and three megabits per-second upload;

(2)"Unserved area", a project area without access to wireline or fixed wireless broadband internet service of speeds of at least ten megabits per-second download and one megabit per-second upload.

(L. 2018 H.B. 1456 merged with H.B. 1872)

Sunset date 8-28-21

Termination date 9-01-22

620.1060 - Prohibited loans — definitions.

1.No financial institution shall make a loan pursuant to sections 620.1045 to 620.1063 to a borrower if the borrower is an executive officer, director or principal shareholder of the institution or is a member of the immediate family of an executive officer, director or principal shareholder of the institution, or a related interest of such executive officer, director or principal shareholder or member of the immediate family.

2.For purposes of this section, the following terms mean:

(1)"Immediate family", the spouse of the individual, the individual's minor children and any of the individual's children, including adults, residing in the individual's home;

(2)"Related interest of the person":

(a)A company that is controlled by the person; or

(b)A political or campaign committee that is controlled by such person or the funds or services of which will benefit such person.

(L. 1994 H.B. 1248 & 1048 § 7)

620.1360 - Application for certificate, director to develop — rules promulgation procedure — rules invalid, when.

The director shall prescribe the method for making application for certification, and may issue such rules and regulations as are necessary to administer this section and sections 620.1350 and 620.1355.No rule or portion of a rule promulgated under the authority of this section and sections 620.1350 and 620.1355 shall become effective unless it has been promulgated pursuant to the provisions of chapter 536.All rulemaking authority delegated prior to June 27, 1997, is of no force and effect and repealed; however, nothing in this section and sections 620.1350 and 620.1355 shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to June 27, 1997, if such rule complied with the provisions of chapter 536.The provisions of this section and sections 620.1350 and 620.1355 and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, including the ability to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule, are subsequently held unconstitutional, then the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void.

(L. 1997 2d Ex. Sess. S.B. 1 § 620.1350 subsec. 3)

Effective 1-01-98

620.017 - Grants, loans or other financial assistance or services programs, funds to be used solely for required purpose, certain information required — failure to comply, funds must be repaid to department, contract law governs — annual report required, elements.

1.The department of economic development shall require that any contract or agreement with any party which provides grants, loans, tax credits, other financial assistance or services, to which a monetary value can be assigned, to such party through a program administered by the department of economic development shall:

(1)Specify that such party shall use the proceeds of any such grant, loan, other financial assistance or the benefits of any services solely as required by that program through which the loan, grant, financial assistance or service is provided;

(2)Describe the economic incentive, including the amount and type of economic incentive;

(3)State why the economic incentive is needed;

(4)State the public purpose or purposes for the economic incentive;

(5)State the goals for the economic incentive and the time periods by which these goals will be met;

(6)Describe the financial obligation of the party if the requirements of the contract or agreement are not met;

(7)State the name and address of the parent corporation of the recipient, if any;

(8)State all other financial assistance known by the department that was received by the recipient for the same project; and

(9)Require a summary of jobs created to be reported annually as required under the provisions of subsection 1 of section 135.805.

2.In addition, such a contract or agreement shall require that any recipient which uses the proceeds or services for any other purpose or fails to comply with any requirement established by the program through which the loan, grant, tax credit, financial assistance or service is provided shall return any remaining proceeds to the department and shall also require that any proceeds expended or the value of any incentives or services to which a monetary value can be assigned received by the party shall be repaid to the department as required by the contract.

3.The contracts or agreements required by this section shall be governed by and enforceable through the applicable provisions of contract law.

4.The department of economic development shall prepare an annual report regarding all economic incentives administered in the previous calendar year and submit such report to the governor, the president pro tem of the senate, and the speaker of the house of representatives by July first of each year.The annual report shall be made available to the public and shall include, but not be limited to, the following elements:

(1)The total amount of economic incentives awarded by industry;

(2)The distribution of economic incentives by type and public purpose;

(3)The distribution of economic incentives by the size of all business recipients;

(4)A reporting of any legal action taken by the department or the state with any parties which have failed to comply with a contract or agreement pursuant to this section;

(5)A summary of jobs created as reported annually under the provisions of subsection 1 of section 135.805; and

(6)The annual report required under the provisions of this subsection shall be made available to the public on the Missouri accountability portal.

(L. 1992 S.B. 661 & 620 § 620.510, A.L. 1993 H.B. 566, A.L. 2004 S.B. 1099, A.L. 2009 H.B. 191)

620.1039 - Tax credit for qualified research expenses, exception — certification by director of economic development — transfer of credits, application, restrictions and procedure — limitations on credit — tax credits prohibited, when.

1.As used in this section, the term "taxpayer" means an individual, a partnership, or any charitable organization which is exempt from federal income tax and whose Missouri unrelated business taxable income, if any, would be subject to the state income tax imposed under chapter 143, or a corporation as described in section 143.441 or 143.471, or section 148.370, and the term "qualified research expenses" has the same meaning as prescribed in 26 U.S.C. 41.

2.For tax years beginning on or after January 1, 2001, the director of the department of economic development may authorize a taxpayer to receive a tax credit against the tax otherwise due pursuant to chapter 143, or chapter 148, other than the taxes withheld pursuant to sections 143.191 to 143.265, in an amount up to six and one-half percent of the excess of the taxpayer's qualified research expenses, as certified by the director of the department of economic development, within this state during the taxable year over the average of the taxpayer's qualified research expenses within this state over the immediately preceding three taxable years; except that, no tax credit shall be allowed on that portion of the taxpayer's qualified research expenses incurred within this state during the taxable year in which the credit is being claimed, to the extent such expenses exceed two hundred percent of the taxpayer's average qualified research expenses incurred during the immediately preceding three taxable years.

3.The director of economic development shall prescribe the manner in which the tax credit may be applied for.The tax credit authorized by this section may be claimed by the taxpayer to offset the tax liability imposed by chapter 143 or chapter 148 that becomes due in the tax year during which such qualified research expenses were incurred.Where the amount of the credit exceeds the tax liability, the difference between the credit and the tax liability may only be carried forward for the next five succeeding taxable years or until the full credit has been claimed, whichever first occurs.The application for tax credits authorized by the director pursuant to subsection 2 of this section shall be made no later than the end of the taxpayer's tax period immediately following the tax period for which the credits are being claimed.

4.Certificates of tax credit issued pursuant to this section may be transferred, sold or assigned by filing a notarized endorsement thereof with the department which names the transferee and the amount of tax credit transferred.The director of economic development may allow a taxpayer to transfer, sell or assign up to forty percent of the amount of the certificates of tax credit issued to and not claimed by such taxpayer pursuant to this section during any tax year commencing on or after January 1, 1996, and ending not later than December 31, 1999.Such taxpayer shall file, by December 31, 2001, an application with the department which names the transferee, the amount of tax credit desired to be transferred, and a certification that the funds received by the applicant as a result of the transfer, sale or assignment of the tax credit shall be expended within three years at the state university for the sole purpose of conducting research activities agreed upon by the department, the taxpayer and the state university.Failure to expend such funds in the manner prescribed pursuant to this section shall cause the applicant to be subject to the provisions of section 620.017.

5.No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536.All rulemaking authority delegated prior to June 27, 1997, is of no force and effect and repealed; however, nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to June 27, 1997, if such rule complied with the provisions of chapter 536.The provisions of this section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, including the ability to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule, are subsequently held unconstitutional, then the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void.

6.The aggregate of all tax credits authorized pursuant to this section shall not exceed nine million seven hundred thousand dollars in any year.

7.For all tax years beginning on or after January 1, 2005, no tax credits shall be approved, awarded, or issued to any person or entity claiming any tax credit under this section.

(L. 1993 H.B. 566 § 10, A.L. 1996 H.B. 1237, A.L. 1997 2d Ex. Sess. S.B. 1, A.L. 1998 S.B. 827, A.L. 2000 S.B. 894, A.L. 2004 S.B. 1155, A.L. 2007 1st Ex. Sess. H.B. 1)

Effective 11-28-07

CROSS REFERENCE:

Tax Credit Accountability Act of 2004, additional requirements, 135.800 to 135.830

620.513 - Duties of the board, report — limitation on authority.

1.The board shall assist the governor with the functions described in Section 101(d) of the WIOA, 29 U.S.C. Section 311d, and any regulations issued pursuant to the WIOA.

2.The board shall submit an annual report of its activities to the governor, the speaker of the house of representatives, and the president pro tem of the senate no later than January thirty-first of each year.

3.Nothing in sections 620.511 to 620.513 shall be construed to require or allow the board to assume or supersede the statutory authority granted to, or impose any duties or requirements on, the state coordinating board for higher education, the governing boards of the state's public colleges and universities, the state board of education, or any local educational agencies.

(L. 2007 1st Ex. Sess. H.B. 1, A.L. 2018 S.B. 975 & 1024 Revision)

620.1887 - Quality jobs advisory task force created, members.

There is hereby created a volunteer task force, to be known as the "Quality Jobs Advisory Task Force", which shall consist of the chairperson of the economic development committee of the Missouri senate or his or her designee, a member of the economic development committee of the Missouri senate appointed by the minority leader of the Missouri senate, the chairperson of the economic development committee of the Missouri house of representatives or his or her designee, a member of the economic development committee of the Missouri house of representatives appointed by the minority leader of the Missouri house of representatives, the director of the department of economic development or his or her designee, and two members to be appointed by the governor with the advice and consent of the senate.

(L. 2005 S.B. 343)

620.556 - Definitions.

As used in sections 620.552 to 620.574 the following terms mean:

(1)"Corps" and "youth corps", the Missouri youth service and conservation corps;

(2)"Division", the division of workforce development within the department of economic development;

(3)"Local workforce investment boards", the local workforce investment boards established under Section 117 of the Workforce Investment Act, Public Law 105-220, as amended, or any other succeeding administrative body established by subsequent federal legislation to provide for the local administration and expenditure of funding for employment and job training and approved by the division of workforce development;

(4)"Participant", a person who has been hired, or who has been accepted as a volunteer, and who meets the program eligibility criteria established by sections 620.552 to 620.574;

(5)"Project", an undertaking designed to provide or assist in providing services to promote conservation, public health, education and welfare among the general population.The term includes, but is not limited to:

(a)The rehabilitation of substandard housing;

(b)The repair, restoration and maintenance of public facilities and amenities;

(c)Assistance with the organization and delivery of educational and health services;

(d)Assistance for the elderly homebound;

(e)Delivery of food to the hungry and elderly;

(f)Restoration or development of park facilities;

(g)Trail construction and maintenance;

(h)Litter control;

(i)Land and soil conservation and rehabilitation;

(j)Road repair;

(k)Land reclamation;

(l)Reforestation; and

(m)Other undertakings which benefit the control, management, restoration and conservation of the bird, fish, game, forestry, or wildlife resources, and soil or water resources of this state;

(6)"Project sponsor", state agencies, including the departments of elementary and secondary education, social services, labor and industrial relations, conservation, and natural resources and the University of Missouri extension system; any unit of local government, including school districts; private not-for-profit corporations or organizations; administrative entities designated pursuant to the requirements of the Workforce Investment Act and any subsequent amendments; and community-based organizations.

(L. 1990 H.B. 1653 § 15, A.L. 2014 H.B. 1299 Revision)

620.803 - Training program established, purpose, funding — oversight committee created, members, report — rulemaking authority — bankruptcy, notification required.

1.The department shall establish a "Missouri Works Training Program" to assist qualified companies in the training of employees in new jobs and the retraining or upgrading of skills of full-time employees in retained jobs as provided in sections 620.800 to 620.809.The training program shall be funded through appropriations to the funds established under sections 620.806 and 620.809.The department shall, to the maximum extent practicable, prioritize funding under the training program to assist qualified companies in targeted industries.

2.There is hereby created the "Missouri Works Job Training Joint Legislative Oversight Committee".The committee shall consist of three members of the Missouri senate appointed by the president pro tempore of the senate and three members of the house of representatives appointed by the speaker of the house.No more than two of the members of the senate and two of the members of the house of representatives shall be from the same political party.Members of the committee shall report to the governor, the president pro tempore of the senate, and the speaker of the house of representatives on all assistance to industries under the provisions of sections 620.800 to 620.809 provided during the preceding fiscal year.The report of the committee shall be delivered no later than October first of each year.The director of the department shall report to the committee such information as the committee may deem necessary for its annual report.Members of the committee shall receive no compensation in addition to their salary as members of the general assembly but may receive their necessary expenses while attending the meetings of the committee, to be paid out of the joint contingent fund.

3.The department shall publish guidelines and may promulgate rules and regulations governing the training program.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, 2013, shall be invalid and void.

4.The department shall make program applications and guidelines available online.

5.The department may contract with other entities, not to exceed fifty thousand dollars annually, for the purposes of advertising, marketing, or promoting the training program established in sections 620.800 to 620.809.Any assistance through the training program shall be provided under an agreement.

6.Prior to the authorization of any application submitted through the training program, the department shall verify the applicant's tax payment status and offset any delinquencies as provided in section 135.815.

7.Any taxpayer who is awarded benefits under sections 620.800 to 620.809 and who files for bankruptcy under Chapter 7 of the United States Bankruptcy Code, Title 11 U.S.C., as amended, shall immediately notify the department, shall forfeit such benefits, and shall repay the state an amount equal to any state tax credits already redeemed and any withholding taxes already retained.

(L. 2013 H.B. 196, A.L. 2017 H.B. 93)

Sunset date 8-28-30, see § 620.809

Termination date 9-01-31, see § 620.809

620.1025 - Director, duties.

The director of the department of economic development shall:

(1)Review requests for assistance submitted by Missouri companies, including those in financial difficulty and in danger of closing;

(2)Determine which companies that submit requests could be helped by a plan developed by a team;

(3)Select the members of a team.The members shall be composed of persons with knowledge and experience in a field which is, as nearly as possible, similar to the business.The members shall be:

(a)Experienced corporate managers on loan from successful businesses;

(b)Specialists, from businesses or institutions of higher education, in areas of finance, business modernization, manufacturing, engineering, law or marketing;

(c)Successful retired business executives; and

(d)Government officials;

(4)Supply to a team such professional, technical, legal, stenographic and clerical help as may be necessary for it to perform its duties.

(L. 1993 H.B. 566 § 3, A.L. 1994 H.B. 1248 & 1048)

620.552 - Citation of law.

Sections 620.552 to 620.574 shall be known and may be cited as the "Missouri Youth Service and Conservation Corps Act".

(L. 1990 H.B. 1653 § 13)

620.1078 - Distribution of moneys — interest — categories of permissible loans.

The department of economic development shall distribute moneys, in the form of loans or grants to eligible lenders from the microenterprise revolving loan fund within the limits of appropriations made by the general assembly.The eligible lenders shall charge the market rate of interest for loans made pursuant to sections 620.1069 to 620.1081.No loan shall be made pursuant to sections 620.1069 to 620.1081 for the refinancing of existing debt.Loans may only be made by eligible lenders in any of the following categories:

(1)Group-based loans shall be available to microenterprises in need of loans between five hundred dollars and seven thousand five hundred dollars.A group-based loan program shall be approved by the eligible lending institution.A group shall consist of between five and seven eligible members who shall meet to make credit decisions, help one another in the solution of business problems, and receive loan repayments.The initial loan made by the group to the first eligible borrower shall not exceed two thousand five hundred dollars.All such loans shall be subject to examination by the state auditor;

(2)Institution-based loans shall be available to microenterprises directly from eligible lenders in amounts of between seven thousand five hundred dollars and fifteen thousand dollars.Such loans shall be made by eligible lenders who possess significant experience in providing business assistance.Repayment of such loans shall be placed in a revolving loan fund established by the eligible lender as provided in subdivision (1) of this section for group-based loans.Institution-based loan applications shall be reviewed by a credit committee which shall judge the merits of the proposed loan according to the local economy, the borrower's character, and the credit risk of the proposed loan.Institution-based loans shall be subject to examination by the state auditor the same as group-based loans;

(3)Challenge loans and grants shall be made available to eligible lenders.Such loans and grants shall be made to groups which demonstrate new or innovative approaches to microenterprise development, as determined by the oversight committee established pursuant to section 620.1069.All such loans and grants shall satisfy the requirements of section 620.1075.Loans shall be made available from a group to microenterprises in amounts of between five hundred dollars and seven thousand five hundred dollars.Repayment of such loans shall be placed in a revolving fund established by the lender similar to that as provided for in subdivision (1) of this section.

(L. 1994 H.B. 1248 & 1048 § 13, A.L. 1997 2d Ex. Sess. S.B. 1)

Effective 12-23-97

620.1878 - Definitions.

For the purposes of sections 620.1875 to 620.1890, the following terms shall mean:

(1)"Approval", a document submitted by the department to the qualified company that states the benefits that may be provided by this program;

(2)"Average wage", the new payroll divided by the number of new jobs;

(3)"Commencement of operations", the starting date for the qualified company's first new employee, which must be no later than twelve months from the date of the approval;

(4)"County average wage", the average wages in each county as determined by the department for the most recently completed full calendar year.However, if the computed county average wage is above the statewide average wage, the statewide average wage shall be deemed the county average wage for such county for the purpose of determining eligibility.The department shall publish the county average wage for each county at least annually.Notwithstanding the provisions of this subdivision to the contrary, for any qualified company that in conjunction with their project is relocating employees from a Missouri county with a higher county average wage, the company shall obtain the endorsement of the governing body of the community from which jobs are being relocated or the county average wage for their project shall be the county average wage for the county from which the employees are being relocated;

(5)"Department", the Missouri department of economic development;

(6)"Director", the director of the department of economic development;

(7)"Employee", a person employed by a qualified company;

(8)"Full-time employee", an employee of the qualified company that is scheduled to work an average of at least thirty-five hours per week for a twelve-month period, and one for which the qualified company offers health insurance and pays at least fifty percent of such insurance premiums;

(9)"High-impact project", a qualified company that, within two years from commencement of operations, creates one hundred or more new jobs;

(10)"Local incentives", the present value of the dollar amount of direct benefit received by a qualified company for a project facility from one or more local political subdivisions, but shall not include loans or other funds provided to the qualified company that must be repaid by the qualified company to the political subdivision;

(11)"NAICS", the 1997 edition of the North American Industry Classification System as prepared by the Executive Office of the President, Office of Management and Budget.Any NAICS sector, subsector, industry group or industry identified in this section shall include its corresponding classification in subsequent federal industry classification systems;

(12)"New direct local revenue", the present value of the dollar amount of direct net new tax revenues of the local political subdivisions likely to be produced by the project over a ten-year period as calculated by the department, excluding local earnings tax, and net new utility revenues, provided the local incentives include a discount or other direct incentives from utilities owned or operated by the political subdivision;

(13)"New investment", the purchase or leasing of new tangible assets to be placed in operation at the project facility, which will be directly related to the new jobs;

(14)"New job", the number of full-time employees located at the project facility that exceeds the project facility base employment less any decrease in the number of full-time employees at related facilities below the related facility base employment.No job that was created prior to the date of the notice of intent shall be deemed a new job.An employee that spends less than fifty percent of the employee's work time at the facility is still considered to be located at a facility if the employee receives his or her directions and control from that facility, is on the facility's payroll, one hundred percent of the employee's income from such employment is Missouri income, and the employee is paid at or above the state average wage;

(15)"New payroll", the amount of taxable wages of full-time employees, excluding owners, located at the project facility that exceeds the project facility base payroll.If full-time employment at related facilities is below the related facility base employment, any decrease in payroll for full-time employees at the related facilities below that related facility base payroll shall also be subtracted to determine new payroll;

(16)"Notice of intent", a form developed by the department, completed by the qualified company and submitted to the department which states the qualified company's intent to hire new jobs and request benefits under this program;

(17)"Percent of local incentives", the amount of local incentives divided by the amount of new direct local revenue;

(18)"Program", the Missouri quality jobs program provided in sections 620.1875 to 620.1890;

(19)"Project facility", the building used by a qualified company at which the new jobs and new investment will be located.A project facility may include separate buildings that are located within fifteen miles of each other or within the same county such that their purpose and operations are interrelated;

(20)"Project facility base employment", the greater of the number of full-time employees located at the project facility on the date of the notice of intent or for the twelve-month period prior to the date of the notice of intent, the average number of full-time employees located at the project facility.In the event the project facility has not been in operation for a full twelve-month period, the average number of full-time employees for the number of months the project facility has been in operation prior to the date of the notice of intent;

(21)"Project facility base payroll", the total amount of taxable wages paid by the qualified company to full-time employees of the qualified company located at the project facility in the twelve months prior to the notice of intent, not including the payroll of the owners of the qualified company unless the qualified company is participating in an employee stock ownership plan.For purposes of calculating the benefits under this program, the amount of base payroll shall increase each year based on an appropriate measure, as determined by the department;

(22)"Project period", the time period that the benefits are provided to a qualified company;

(23)"Qualified company", a firm, partnership, joint venture, association, private or public corporation whether organized for profit or not, or headquarters of such entity registered to do business in Missouri that is the owner or operator of a project facility, offers health insurance to all full-time employees of all facilities located in this state, and pays at least fifty percent of such insurance premiums.For the purposes of sections 620.1875 to 620.1890, the term "qualified company" shall not include:

(a)Gambling establishments (NAICS industry group 7132);

(b)Retail trade establishments (NAICS sectors 44 and 45);

(c)Food and drinking places (NAICS subsector 722);

(d)Public utilities (NAICS 221 including water and sewer services);

(e)Any company that is delinquent in the payment of any nonprotested taxes or any other amounts due the state or federal government or any other political subdivision of this state;

(f)Any company that has filed for or has publicly announced its intention to file for bankruptcy protection.However, a company that has filed for or has publicly announced its intention to file for bankruptcy between January 1, 2009, and December 31, 2009, may be a qualified company provided that such company:

a.Certifies to the department that it plans to reorganize and not to liquidate; and

b.After its bankruptcy petition has been filed, it produces proof, in a form and at times satisfactory to the department, that it is not delinquent in filing any tax returns or making any payment due to the state of Missouri, including but not limited to all tax payments due after the filing of the bankruptcy petition and under the terms of the plan of reorganization.

Any taxpayer who is awarded benefits under this subsection and who files for bankruptcy under Chapter 7 of the United States Bankruptcy Code, Title 11 U.S.C., shall immediately notify the department and shall forfeit such benefits and shall repay the state an amount equal to any state tax credits already redeemed and any withholding taxes already retained;

(g)Educational services (NAICS sector 61);

(h)Religious organizations (NAICS industry group 8131);

(i)Public administration (NAICS sector 92);

(j)Ethanol distillation or production; or

(k)Biodiesel production.

Notwithstanding any provision of this section to the contrary, the headquarters or administrative offices of an otherwise excluded business may qualify for benefits if the offices serve a multistate territory.In the event a national, state, or regional headquarters operation is not the predominant activity of a project facility, the new jobs and investment of such headquarters operation is considered eligible for benefits under this section if the other requirements are satisfied;

(24)"Qualified renewable energy sources" shall not be construed to include ethanol distillation or production or biodiesel production; however, it shall include:

(a)Open-looped biomass;

(b)Close-looped biomass;

(c)Solar;

(d)Wind;

(e)Geothermal; and

(f)Hydropower;

(25)"Related company" means:

(a)A corporation, partnership, trust, or association controlled by the qualified company;

(b)An individual, corporation, partnership, trust, or association in control of the qualified company; or

(c)Corporations, partnerships, trusts or associations controlled by an individual, corporation, partnership, trust or association in control of the qualified company.As used in this subdivision, "control of a corporation" shall mean ownership, directly or indirectly, of stock possessing at least fifty percent of the total combined voting power of all classes of stock entitled to vote, "control of a partnership or association" shall mean ownership of at least fifty percent of the capital or profits interest in such partnership or association, "control of a trust" shall mean ownership, directly or indirectly, of at least fifty percent of the beneficial interest in the principal or income of such trust, and ownership shall be determined as provided in Section 318 of the Internal Revenue Code of 1986, as amended;

(26)"Related facility", a facility operated by the qualified company or a related company located in this state that is directly related to the operations of the project facility;

(27)"Related facility base employment", the greater of the number of full-time employees located at all related facilities on the date of the notice of intent or for the twelve-month period prior to the date of the notice of intent, the average number of full-time employees located at all related facilities of the qualified company or a related company located in this state;

(28)"Related facility base payroll", the total amount of taxable wages paid by the qualified company to full-time employees of the qualified company located at a related facility in the twelve months prior to the filing of the notice of intent, not including the payroll of the owners of the qualified company unless the qualified company is participating in an employee stock ownership plan.For purposes of calculating the benefits under this program, the amount of related facility base payroll shall increase each year based on an appropriate measure, as determined by the department;

(29)"Rural area", a county in Missouri with a population less than seventy-five thousand or that does not contain an individual city with a population greater than fifty thousand according to the most recent federal decennial census;

(30)"Small and expanding business project", a qualified company that within two years of the date of the approval creates a minimum of twenty new jobs if the project facility is located in a rural area or a minimum of forty new jobs if the project facility is not located in a rural area and creates fewer than one hundred new jobs regardless of the location of the project facility;

(31)"Tax credits", tax credits issued by the department to offset the state income taxes imposed by chapters 143 and 148, or which may be sold or refunded as provided for in this program;

(32)"Technology business project", a qualified company that within two years of the date of the approval creates a minimum of ten new jobs involved in the operations of a company:

(a)Which is a technology company, as determined by a regulation promulgated by the department under the provisions of section 620.1884 or classified by NAICS codes;

(b)Which owns or leases a facility which produces electricity derived from qualified renewable energy sources, or produces fuel for the generation of electricity from qualified renewable energy sources, but does not include any company that has received the alcohol mixture credit, alcohol credit, or small ethanol producer credit pursuant to 26 U.S.C. Section 40 of the tax code in the previous tax year;

(c)Which researches, develops, or manufactures power system technology for:aerospace; space; defense; hybrid vehicles; or implantable or wearable medical devices; or

(d)Which is a clinical molecular diagnostic laboratory focused on detecting and monitoring infections in immunocompromised patient populations;

(33)"Withholding tax", the state tax imposed by sections 143.191 to 143.265.For purposes of this program, the withholding tax shall be computed using a schedule as determined by the department based on average wages.

(L. 2005 S.B. 343, A.L. 2007 1st Ex. Sess. H.B. 1, A.L. 2008 H.B. 2058 merged with S.B. 718, A.L. 2009 H.B. 191)

Effective 6-04-09

620.503 - Small business assistance offices established in institutions of higher education to contract with department, purposes, procedure.

1.The department of economic development may enter into contracts with any institutions of higher education within the state for the purpose of providing ready access to all state forms, regulations, requirements and other information necessary to conduct business in the state.Each such office shall be known as a "Business Assistance Office" and shall coordinate services with a regional business assistance office established pursuant to section 620.500.

2.Each business assistance office may provide research, development or training programs for new or alternative small businesses, industries, or high technology businesses within the state.Each business assistance office may also provide needs assessment relating to small businesses, industries or high technology businesses.Each office may also provide feasibility studies relating to potential markets and employment opportunities.

3.Each party entering into a contract with the department of economic development to provide or administer a business assistance office shall, prior to the issuance of such a contract, submit to the department of economic development a detailed description of quantifiable performance appraisal measures and goals pertaining to the proposed efforts and results in marketing services provided by the business assistance office.The department of economic development shall review such material.When a contract to establish a business assistance office is renewed, renegotiated, or otherwise reissued, a contractor's actual efforts and results pertaining to the performance appraisal measures and goals shall be a criterion in the rewarding or renewal of a contract to establish or administer a business assistance office.

(L. 1986 S.B. 426 § 3, A.L. 1993 H.B. 566)

620.1029 - Rulemaking, procedure — information relating to request for assistance from business extension service team to be confidential.

1.The director of the department of economic development may promulgate rules and regulations for the operation of the business extension service team program.

2.All information regarding the financial condition, marketing plans, manufacturing processes, production costs, productivity rates, customer lists, or other trade secrets and proprietary information of a business requesting assistance from a business extension service team shall be confidential and exempt from public disclosure.

(L. 1994 H.B. 1248 & 1048, A.L. 1995 S.B. 3)

620.1620 - Major conventions — definitions — fund created — issuance of grants, procedure — report — refunds — sunset provision.

1.This section shall be known and may be cited as the "Meet in Missouri Act".

2.As used in this section, the following terms shall mean:

(1)"Director", the director of the department of economic development;

(2)"Eligible commission", any regional convention and visitors commission created under section 67.601; any body designated by the division of tourism official destination marketing organization for a Missouri county which is designated as the single representative organization for the county to solicit and service tourism;

(3)"Eligible major convention event costs", all operational costs of the venue of a major convention event including, but not limited to, costs related to the following:security, venue utilities, cleaning, production of the event, installation and dismantling, facility rental charges, personnel, construction to prepare the venue, and other temporary facility construction;

(4)"Fund", the major economic convention event in Missouri fund established in this section;

(5)"Grant", an amount of money equal to the total amount of eligible major convention event costs listed in an approved major convention plan to be disbursed at the requested date from the fund to an eligible commission by the state treasurer at the direction of the director which shall not exceed the amount of estimated total sales taxes to be received by the state generated by sleeping rooms paid by guests of hotels and motels reasonably believed to be occupied due to the major convention event;

(6)"Major convention event", any convention if more than fifty percent of attendees travel to the convention from outside of Missouri and require overnight hotel accommodations;

(7)"Major convention plan", a written plan for the administration of a major convention event, containing such information as shall be requested by the director to establish that the event covered by the application is a major convention event including, but not limited to, the start and end dates of the major convention event, an identification of the organization planning the event, the location of the event, projected total and out-of-state attendance, projected contracted and actual hotel room nights, projected costs and revenues anticipated to be received by the eligible commission in connection with the event, the eligible major convention event costs, and evidence of satisfaction of the conditions of subsection 5 of this section.

3.(1)There is hereby created in the state treasury the "Major Economic Convention Event in Missouri Fund", which shall consist of moneys appropriated from the general revenue fund as prescribed in subsection 6 of this section and any gifts, contributions, grants, or bequests received from federal, private, or other sources.The state treasurer shall be custodian of the fund.In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements.The fund shall be a dedicated fund and, upon appropriation, moneys in the fund shall be used solely for the administration of this section.

(2)Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.

(3)The state treasurer shall invest moneys in the fund in the same manner as other funds are invested.Any interest and moneys earned on such investments shall be credited to the fund.

4.For major convention plans which have complied with subsection 5 of this section, in addition to funds otherwise made available under Missouri law, a grant shall be paid from the fund by the department of economic development to the eligible commission at the requested date.Any transfer of a grant from the fund to the treasurer or other designated financial officer of an eligible commission with an approved major convention plan shall be deposited in a separate, segregated account of such commission.The eligible commission shall agree to hold such funds until the major convention event has occurred and not disburse the funds until such time as the report in subsection 7 has been submitted.

5.The director shall not disburse a grant until the director or his or her designee has approved a written major convention plan submitted to the department of economic development by an eligible commission requesting a grant.The director or his or her designee shall not approve any submitted major convention plan unless he or she finds that the following conditions have been met:

(1)The applicant submitting the major convention plan is an eligible commission;

(2)The projected start and end dates of the planned major convention event and the requested date of disbursement of the grant are no later than five years from the date of the application; and

(3)There is sufficient evidence that:

(a)The event shall qualify as a major convention event under this section including, but not limited to, evidence of the actual number of contracted advance hotel reservations or projected out-of-state attendance numbers and actual hotel room usage from comparable past events;

(b)A request for proposal or similar documentation demonstrates the applicant eligible commission is competing for the event against non-Missouri cities;

(c)Without the grant, the major convention event would not be reasonably anticipated to occur in Missouri; and

(d)The positive net fiscal impact to general revenue of the state through any and all taxes attributable to the major convention event exceeds the amount of the major convention grant.

In reviewing such evidence, the director shall take into account any expenditures by an attendee for sleeping rooms paid by guests of the hotels and motels typically constitutes less than fifty percent of the expenditures by such attendees at a major convention event.

6.(1)Upon verification that the major convention plan complies with the terms of subsection 5 of this section, the director or his or her designee shall issue a certificate of approval to the eligible commission stating the date on which such grant shall be disbursed and the total amount of the grant, which shall be equal to the eligible major convention event costs listed in the approved major convention plan.The amount of any grant shall not exceed more than fifty percent of the cost of hosting the major convention event, positive net fiscal impact to general revenue, or one million dollars, whichever is less.

(2)All approved grants scheduled for disbursement each year shall be disbursed from the general revenue fund subject to appropriation by the general assembly.Any such appropriation shall not exceed three million dollars in any year.

(3)Upon such annual appropriation and transfer into the fund from the general revenue fund, the director shall disburse all grants pursuant to certificates of approval.

7.(1)Within one hundred eighty days of the conclusion of any major convention event for which a grant was disbursed under this section, the eligible commission that received such grant shall provide a written report to the director detailing the final amount of eligible major convention event costs incurred and actual attendance figures which certify compliance with this section.If the final amount of total eligible major convention event costs is less than the amount of the grant disbursed to the eligible commission under an approved major convention plan, such commission shall refund to the state treasurer the excess greater than fifty percent of the actual cost for deposit into the fund.

(2)An eligible commission shall refund the following amounts to the state treasurer based on the actual attendance figures in relation to the projected total attendance for the event as provided in the major convention plan:

(a)If the actual attendance figure is less than twenty-five percent of the projected total attendance, the commission shall refund an amount equal to the full amount of the grant;

(b)If the actual attendance figure is equal to or less than eighty-five percent and greater than or equal to twenty-five percent of the projected total attendance, the commission shall keep a portion of the grant received under this section equal to the proportion of the actual attendance figure to the projected attendance figure rounded to the nearest dollar and refund the remaining amount;

(c)If the actual attendance figure is greater than eighty-five percent of the projected total attendance, the commission shall keep the entire grant amount received under this section unless otherwise provided by this section.

(3)The provisions of this subdivision shall not apply where attendance at the convention is adversely affected by a man-made disaster including, but not limited to, an uprising or other civil unrest or where attendance at the convention is adversely affected by a substantial inclement weather-related event.

8.Any amounts that are refunded from a grant under this section shall be returned to the major economic convention event in Missouri fund to be used for future grants.

9.In accordance with the provisions of sections 23.250 to 23.298 and unless otherwise authorized pursuant to section 23.253:

(1)The program authorized under the provisions of this section shall automatically sunset six years after August 28, 2016; and

(2)This section shall terminate on September first of the year following the year in which any new program authorized under this section is sunset, and the revisor of statutes shall designate such sections and this section in a revision bill for repeal.

(L. 2016 H.B. 1698)

Sunset date 8-28-22

Termination date 9-01-23

620.653 - Corporation to approve one qualified fund — transfer of powers — corporation to approve professional fund manager for the qualified fund it approves.

The provisions of sections 620.635 to 620.650 to the contrary notwithstanding, one qualified fund shall be approved by the corporation as soon as practicable after July 8, 1999.Such fund need not be initially incorporated into the seed capital and commercialization strategy until after the appointment of the board.After the appointment of the board, all powers exercised by the corporation in relation to that fund shall be transferred to the board.After the dissolution of the board, all powers exercised by the board shall be transferred to the corporation.The corporation shall approve the professional fund manager employed by the qualified fund established by this section.

(L. 1999 S.B. 518 § 7, A.L. 2011 H.B. 464)

620.806 - Missouri Works job development fund established, use of moneys.

1.The Missouri job development fund, formerly established in the state treasury by section 620.478*, shall now be known as the "Missouri Works Job Development Fund" and shall be administered by the department for the training program.The fund shall consist of all moneys which may be appropriated to it by the general assembly and also any gifts, contributions, grants, or bequests received from federal, private or other sources, including, but not limited to, any block grant or other sources of funding relating to job training, school-to-work transition, welfare reform, vocational and technical training, housing, infrastructure, development, and human resource investment programs which may be provided by the federal government or other sources.

2.The department may provide financial assistance through the training program to qualified companies that create new jobs which will result in the need for training, or that make new capital investment relating directly to the retention of jobs in an amount at least five times greater than the amount of any financial assistance.Financial assistance may also be provided to a consortium of a majority of qualified companies organized to provide common training to the consortium members' employees.Funds in the Missouri works job development fund shall be appropriated, for financial assistance through the training program, by the general assembly to the department and shall be administered by a local educational agency certified by the department for such purpose.Except for state-sponsored preemployment training, no qualified company shall receive more than fifty percent of its training program costs from the Missouri works job development fund.No funds shall be awarded or reimbursed to any qualified company for the training, retraining, or upgrading of skills of potential employees with the purpose of replacing or supplanting employees engaged in an authorized work stoppage.Upon approval by the department, training project costs, except the purchase of training equipment and training facilities, shall be eligible for reimbursement with funds from the Missouri works job development fund.Notwithstanding any provision of law to the contrary, no qualified company within a service industry shall be eligible for assistance under this subsection unless such qualified company provides services in interstate commerce, which shall mean that the qualified company derives a majority of its annual revenues from out of the state.

3.The department may provide assistance, through appropriations made from the Missouri works job development fund, to business and technology centers.Such assistance shall not include the lending of the state's credit for the payment of any liability of the fund.Such centers may be established by Missouri community colleges, or state-owned postsecondary technical colleges, to provide business and training services for growth industries as determined by current labor market information.

(L. 2013 H.B. 196, A.L. 2017 H.B. 93)

Sunset date 8-28-30, see § 620.809

Termination date 9-01-31, see § 620.809

*Section 620.478 was repealed by H.B. 196, 2013

620.1020 - Business extension service team program created, purpose, duties — expenses.

There is hereby created within the department of economic development a "Business Extension Service Team" program.The purpose of the teams shall be to provide technical and management assistance to Missouri businesses, to improve their competitiveness and increase their market share of the economy, to assist businesses with the introduction of improved production processes, and to assist the businesses with their job training needs.Each team shall inform the Missouri training and employment council of specific job training needs which it identifies for an individual business or general job training needs which it recommends for the state.A team may recommend that, by means of contract, feasibility studies or productivity assessments be performed for businesses.Businesses to be assisted may include those faced with employee layoffs, plant closings or financial instability.The expenses of a team shall be financed by state and federal appropriations, local governments, economic development organizations, private contributions and fees paid by assisted businesses.

(L. 1993 H.B. 566 § 1, A.L. 1994 H.B. 1248 & 1048)

620.1220 - Location of commission, promotion of film by other state agencies, transfers of staff by other agencies.

The office of the Missouri film commission shall be located in Jefferson City and shall replace any state agency, division or staff which, on August 28, 1996, sections 620.1200 to 620.1240, provides services to the film industry or is organized to promote film production in Missouri.The department of economic development may transfer staff from any agency replaced by the office of the Missouri film commission to this office.

(L. 1996 H.B. 1237 § 4)

620.1875 - Title of law.

Sections 620.1875 to 620.1890 shall be known and may be cited as the "Missouri Quality Jobs Act".

(L. 2005 S.B. 343)

620.1075 - Standards for eligibility of lenders and borrowers — rules promulgation procedure — rules invalid, when.

The department of economic development, with the advice of the oversight committee established pursuant to section 620.1069, may adopt and promulgate rules and regulations for determining eligible lenders and eligible borrowers pursuant to sections 620.1069 to 620.1081.No rule or portion of a rule promulgated under the authority of sections 620.1069 to 620.1081 shall become effective unless it has been promulgated pursuant to the provisions of chapter 536.All rulemaking authority delegated prior to June 27, 1997, is of no force and effect and repealed; however, nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to June 27, 1997, if such rule complied with the provisions of chapter 536The provisions of this section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, including the ability to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule, are subsequently held unconstitutional, then the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void.The standards shall include, but are not limited to, the following:

(1)All eligible lenders shall be approved by the oversight committee, and each eligible lender shall maintain all records of all loans made pursuant to sections 620.1069 to 620.1081.Eligible lenders shall be community development corporations, community colleges or other community-based organizations which have experience in the area of business assistance;

(2)The total amount of any loan made to any one eligible borrower shall not exceed fifteen thousand dollars;

(3)Prior to receiving either an institution-based loan or a group-based loan from an eligible lender, each eligible borrower must confer with a qualified business assistance provider for advice on management techniques and other professional advice which the department of economic development may require to help ensure the likelihood of success for the microenterprise.A qualified business assistance provider may include the department of economic development, a small business assistance center, or any other similar organization approved by the department.

(L. 1994 H.B. 1248 & 1048 § 12, A.L. 1997 2d Ex. Sess. S.B. 1)

Effective 12-23-97

620.1028 - Selection of team members — factors, provision of productivity assessment.

1.The department of economic development may directly contract with regional, not-for-profit organizations to work with regional offices of the department and with businesses located within respective regions to help with the selection of team members and in the selection of consultants to perform feasibility studies and productivity assessments.

2.The following factors shall be considered by a business extension service team in determining whether or not to recommend the provision of a productivity assessment or feasibility study to a business:

(1)The potential viability of the business;

(2)The commitment of management and labor to jointly participate in a productivity improvement program; and

(3)The potential for job retention and advancement of the business's existing employees.

(L. 1994 H.B. 1248 & 1048)

620.512 - Bylaws to be established — restriction on operations of board — rulemaking authority.

1.The board shall establish bylaws governing its organization, operation, and procedure consistent with sections 620.511 to 620.513, and consistent with the WIOA.

2.The board shall meet at least four times each year at the call of the chairperson.

3.In order to assure objective management and oversight, the board shall not operate programs or provide services directly to eligible participants, but shall exist solely to plan, coordinate, and monitor the provisions of such programs and services.A member of the board may not vote on a matter under consideration by the board that regards the provision of services by the member or by an entity that the member represents or would provide direct financial benefit to the member or the immediate family of the member.A member of the board may not engage in any other activity determined by the governor to constitute a conflict of interest.

4.The composition and the roles and responsibilities of the board membership may be amended to comply with any succeeding federal or state legislative or regulatory requirements governing workforce investment activities, except that the procedure for such change shall be outlined in state rules and regulations and adopted in the bylaws of the board.

5.The department of economic development shall provide professional, technical, and clerical staff for the board.

6.The board may promulgate any rules and regulations necessary to administer the provisions of sections 620.511 to 620.513.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, 2007, shall be invalid and void.

(L. 2007 1st Ex. Sess. H.B. 1, A.L. 2018 S.B. 975 & 1024 Revision)

620.016 - Job training or development contracts or reimbursement for services, department to reimburse contractors.

When the department of economic development contracts or reimburses entities for services related in any way to job training and development programs directly provided to individuals, the department shall reimburse the contractor as provided in the contract.

(L. 1997 2d Ex. Sess. S.B. 1 § 16)

Effective 12-23-97

620.2020 - Participation procedures, department duties, qualified company duties — maximum tax credits allowed, allocation — prohibited acts — report, contents — rulemaking authority — sunset date.

1.The department shall respond to a written request, by or on behalf of a qualified company, for a proposed benefit award under the provisions of this program within five business days of receipt of such request.Such response shall contain either a proposal of benefits for the qualified company, or a written response refusing to provide such a proposal and stating the reasons for such refusal.A qualified company that intends to seek benefits under the program shall submit to the department a notice of intent.The department shall respond within thirty days to a notice of intent with an approval or a rejection, provided that the department may withhold approval or provide a contingent approval until it is satisfied that proper documentation of eligibility has been provided.Failure to respond on behalf of the department shall result in the notice of intent being deemed approved.A qualified company receiving approval for program benefits may receive additional benefits for subsequent new jobs at the same facility after the full initial project period if the applicable minimum job requirements are met.There shall be no limit on the number of project periods a qualified company may participate in the program, and a qualified company may elect to file a notice of intent to begin a new project period concurrent with an existing project period if the applicable minimum job requirements are achieved, the qualified company provides the department with the required annual reporting, and the qualified company is in compliance with this program and any other state programs in which the qualified company is currently or has previously participated.However, the qualified company shall not receive any further program benefits under the original approval for any new jobs created after the date of the new notice of intent, and any jobs created before the new notice of intent shall not be included as new jobs for purposes of the benefit calculation for the new approval.When a qualified company has filed and received approval of a notice of intent and subsequently files another notice of intent, the department shall apply the definition of project facility under subdivision (18) of section 620.2005 to the new notice of intent as well as all previously approved notices of intent and shall determine the application of the definitions of new job, new payroll, project facility base employment, and project facility base payroll accordingly.

2.Notwithstanding any provision of law to the contrary, the benefits available to the qualified company under any other state programs for which the company is eligible and which utilize withholding tax from the new or retained jobs of the company shall first be credited to the other state program before the withholding retention level applicable under this program will begin to accrue.If any qualified company also participates in a job training program utilizing withholding tax, the company shall retain no withholding tax under this program, but the department shall issue a refundable tax credit for the full amount of benefit allowed under this program.The calendar year annual maximum amount of tax credits which may be issued to a qualifying company that also participates in a job training program shall be increased by an amount equivalent to the withholding tax retained by that company under a jobs training program.

3.A qualified company receiving benefits under this program shall provide an annual report of the number of jobs and such other information as may be required by the department to document the basis for program benefits available no later than ninety days prior to the end of the qualified company's tax year immediately following the tax year for which the benefits provided under the program are attributed.In such annual report, if the average wage is below the applicable percentage of the county average wage, the qualified company has not maintained the employee insurance as required, or if the number of jobs is below the number required, the qualified company shall not receive tax credits or retain the withholding tax for the balance of the project period.Failure to timely file the annual report required under this section shall result in the forfeiture of tax credits attributable to the year for which the reporting was required and a recapture of withholding taxes retained by the qualified company during such year.

4.The department may withhold the approval of any benefits under this program until it is satisfied that proper documentation has been provided, and shall reduce the benefits to reflect any reduction in full-time employees or payroll.Upon approval by the department, the qualified company may begin the retention of the withholding taxes when it reaches the required number of jobs and the average wage meets or exceeds the applicable percentage of county average wage.Tax credits, if any, may be issued upon satisfaction by the department that the qualified company has exceeded the applicable percentage of county average wage and the required number of jobs.

5.Any qualified company approved for benefits under this program shall provide to the department, upon request, any and all information and records reasonably required to monitor compliance with program requirements.This program shall be considered a business recruitment tax credit under subdivision (4) of subsection 2 of section 135.800, and any qualified company approved for benefits under this program shall be subject to the provisions of sections 135.800 to 135.830.

6.Any taxpayer who is awarded benefits under this program who knowingly hires individuals who are not allowed to work legally in the United States shall immediately forfeit such benefits and shall repay the state an amount equal to any state tax credits already redeemed and any withholding taxes already retained.

7.The maximum amount of tax credits that may be authorized under this program for any fiscal year shall be limited as follows, less the amount of any tax credits previously obligated for that fiscal year under any of the tax credit programs referenced in subsection 13 of this section:

(1)For the fiscal year beginning on July 1, 2013, but ending on or before June 30, 2014, no more than one hundred six million dollars in tax credits may be authorized;

(2)For the fiscal year beginning on July 1, 2014, but ending on or before June 30, 2015, no more than one hundred eleven million dollars in tax credits may be authorized; and

(3)For any fiscal year beginning on or after July 1, 2015, no more than one hundred sixteen million dollars in tax credits may be authorized for each fiscal year.

8.For tax credits for the creation of new jobs under section 620.2010, the department shall allocate the annual tax credits based on the date of the approval, reserving such tax credits based on the department's best estimate of new jobs and new payroll of the project, and any other applicable factors in determining the amount of benefits available to the qualified company under this program.However, the annual issuance of tax credits shall be subject to annual verification of actual payroll by the department.Any authorization of tax credits shall expire if, within two years from the date of commencement of operations, or approval if applicable, the qualified company has failed to meet the applicable minimum job requirements.The qualified company may retain authorized amounts from the withholding tax under the project once the applicable minimum job requirements have been met for the duration of the project period.No benefits shall be provided under this program until the qualified company meets the applicable minimum new job requirements.In the event the qualified company does not meet the applicable minimum new job requirements, the qualified company may submit a new notice of intent or the department may provide a new approval for a new project of the qualified company at the project facility or other facilities.

9.Tax credits provided under this program may be claimed against taxes otherwise imposed by chapters 143 and 148, and may not be carried forward, but shall be claimed within one year of the close of the taxable year for which they were issued.Tax credits provided under this program may be transferred, sold, or assigned by filing a notarized endorsement thereof with the department that names the transferee, the amount of tax credit transferred, and the value received for the credit, as well as any other information reasonably requested by the department.For a qualified company with flow-through tax treatment to its members, partners, or shareholders, the tax credit shall be allowed to members, partners, or shareholders in proportion to their share of ownership on the last day of the qualified company's tax period.

10.Prior to the issuance of tax credits or the qualified company beginning to retain withholding taxes, the department shall verify through the department of revenue and any other applicable state department that the tax credit applicant does not owe any delinquent income, sales, or use tax or interest or penalties on such taxes, or any delinquent fees or assessments levied by any state department and through the department of insurance, financial institutions and professional registration that the applicant does not owe any delinquent insurance taxes or other fees.Such delinquency shall not affect the approval, except that any tax credits issued shall be first applied to the delinquency and any amount issued shall be reduced by the applicant's tax delinquency.If the department of revenue, the department of insurance, financial institutions and professional registration, or any other state department concludes that a taxpayer is delinquent after June fifteenth but before July first of any year and the application of tax credits to such delinquency causes a tax deficiency on behalf of the taxpayer to arise, then the taxpayer shall be granted thirty days to satisfy the deficiency in which interest, penalties, and additions to tax shall be tolled.After applying all available credits toward a tax delinquency, the administering agency shall notify the appropriate department and that department shall update the amount of outstanding delinquent tax owed by the applicant.If any credits remain after satisfying all insurance, income, sales, and use tax delinquencies, the remaining credits shall be issued to the applicant, subject to the restrictions of other provisions of law.

11.The director of revenue shall issue a refund to the qualified company to the extent that the amount of tax credits allowed under this program exceeds the amount of the qualified company's tax liability under chapter 143 or 148.

12.An employee of a qualified company shall receive full credit for the amount of tax withheld as provided in section 143.211.

13.Notwithstanding any provision of law to the contrary, beginning August 28, 2013, no new benefits shall be authorized for any project that had not received from the department a proposal or approval for such benefits prior to August 28, 2013, under the development tax credit program created under sections 32.100 to 32.125, the rebuilding communities tax credit program created under section 135.535, the enhanced enterprise zone tax credit program created under sections 135.950 to 135.973, and the Missouri quality jobs program created under sections 620.1875 to 620.1890.The provisions of this subsection shall not be construed to limit or impair the ability of any administering agency to authorize or issue benefits for any project that had received an approval or a proposal from the department under any of the programs referenced in this subsection prior to August 28, 2013, or the ability of any taxpayer to redeem any such tax credits or to retain any withholding tax under an approval issued prior to that date.The provisions of this subsection shall not be construed to limit or in any way impair the ability of any governing authority to provide any local abatement or designate a new zone under the enhanced enterprise zone program created by sections 135.950 to 135.963.Notwithstanding any provision of law to the contrary, no qualified company that is awarded benefits under this program shall:

(1)Simultaneously receive benefits under the programs referenced in this subsection at the same capital investment; or

(2)Receive benefits under the provisions of section 620.1910 for the same jobs.

14.If any provision of sections 620.2000 to 620.2020 or application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or application of these sections which can be given effect without the invalid provisions or application, and to this end, the provisions of sections 620.2000 to 620.2020 are hereby declared severable.

15.By no later than January 1, 2014, and the first day of each calendar quarter thereafter, the department shall present a quarterly report to the general assembly detailing the benefits authorized under this program during the immediately preceding calendar quarter to the extent such information may be disclosed under state and federal law.The report shall include, at a minimum:

(1)A list of all approved and disapproved applicants for each tax credit;

(2)A list of the aggregate amount of new or retained jobs that are directly attributable to the tax credits authorized;

(3)A statement of the aggregate amount of new capital investment directly attributable to the tax credits authorized;

(4)Documentation of the estimated net state fiscal benefit for each authorized project and, to the extent available, the actual benefit realized upon completion of such project or activity; and

(5)The department's response time for each request for a proposed benefit award under this program.

16.The department may adopt such rules, statements of policy, procedures, forms, and guidelines as may be necessary to carry out the provisions of sections 620.2000 to 620.2020.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, 2013, shall be invalid and void.

17.Under section 23.253 of the Missouri sunset act:

(1)The provisions of the program authorized under sections 620.2000 to 620.2020 shall be reauthorized as of August 28, 2018, and shall expire on August 28, 2030; and

(2)If such program is reauthorized, the program authorized under this section shall automatically sunset twelve years after the effective date of this reauthorization of sections 620.2000 to 620.2020; and

(3)Sections 620.2000 to 620.2020 shall terminate on September first of the calendar year immediately following the calendar year in which the program authorized under sections 620.2000 to 620.2020 is sunset.

(L. 2013 H.B. 184, A.L. 2018 H.B. 1415)

Sunset date 8-28-30

Termination date 9-01-31

620.1069 - Microenterprise loan program — definitions, purpose — oversight committee, duties.

1.The department of economic development is authorized to administer a microenterprise loan program.For purposes of sections 620.1069 to 620.1081, the term "microenterprise" means a small business, with no more than ten employees, in which the owner, or members of the owner's immediate family, provide the majority of management and a significant amount of labor required to operate the business.For purposes of sections 620.1069 to 620.1081, the term "immediate family" means the spouse of an owner, the owner's children, including the owner's adult children, who reside in the owner's home.The loan program shall be designed to provide financing for the expansion, modernization or improvement of existing microenterprises or for the commencement of new microenterprises.

2.The director of the department of economic development shall appoint an oversight committee of nine members which may include, but is not limited to, representatives of state government, banks, business assistance providers, entrepreneurs, or not-for-profit organizations, to assist in administering the provisions of sections 620.1069 to 620.1081.The director of the department of economic development, or the director's designee, shall serve as chairman of the oversight committee.The committee shall be appointed to serve at the pleasure of the director and shall receive no compensation, but shall be reimbursed for expenses incurred in the performance of any duties required as members of the oversight committee.The committee, after review of applications, shall designate microenterprise loan programs in the state and the geographical boundaries in which each will operate.

(L. 1994 H.B. 1248 & 1048 § 10, A.L. 1997 2d Ex. Sess. S.B. 1)

Effective 12-23-97

620.2475 - Aerospace industry job creation.

1.As used in this section, the following terms shall mean:

(1)"Aerospace project", a project undertaken by or for the benefit of a qualified company with a North American Industry Classification System industry classification of 3364 involving the creation of at least two thousand new jobs within ten years following the approval of a notice of intent pursuant to section 620.2020 and for which the department of economic development has provided a proposal for benefits under job creation, worker training, and infrastructure development programs on or before June 10, 2014;

(2)"Job creation, worker training, and infrastructure development programs", the Missouri works program established under sections 620.2000 to 620.2020, the* Missouri business use incentives for large-scale development act established under sections 100.700 to 100.850, the Missouri works training program established under sections 620.800 to 620.809, and the real property tax increment allocation redevelopment act established under sections 99.800 to 99.865.

2.Provisions of law to the contrary notwithstanding, no benefits authorized under job creation, worker training, and infrastructure development programs for an aerospace project shall be considered in determining compliance with applicable limitations on the aggregate amount of benefits that may be awarded annually or cumulatively under subdivision (3) of subsection 10 of section 99.845, subsection 5 of section 100.850, subsection 8** of section 620.809, and subsection 7 of section 620.2020. No aerospace project shall be authorized for state benefits under job creation, worker training, and infrastructure development programs that exceed, in the aggregate, one hundred *** fifty million dollars annually under all such programs.

3.For any aerospace project receiving state benefits under this section, the department of economic development shall deliver to the general assembly an annual report providing detailed information on the state benefits received and projected to be received by the aerospace project and shall also denote the number of minorities that have been trained under the Missouri works training program established under sections 620.800 to 620.809.

4.Any aerospace project receiving benefits under this section shall annually report to the general assembly and the department of economic development its**** minority and women employment outreach efforts.

5.For aerospace projects receiving benefits under this section, in no event shall disbursements of new state revenues under sections 99.800 to 99.865 be made to satisfy bond obligations incurred for improvements that do not directly benefit such project.

6.For aerospace projects receiving benefits under this section, in the tenth year following the approval of a notice of intent under sections 620.2000 to 620.2020, the department of economic development shall determine the net fiscal benefit to the state resulting from such project and shall take any action necessary to ensure a positive net fiscal benefit to the state by no later than the last year in which the aerospace project receives benefits under this section.

(L. 2013 1st Ex. Sess. S.B. 1)

Effective 12-10-13

*Word "the" does not appear in original rolls.

**Republished in 2017 due to statutory reference to subsection 7 changed to subsection 8 to comply with section 3.060.

***Word "and" appears here in original rolls.

****Word "their" appears in original rolls.

620.1030 - New jobs fund created — sources, uses, conditions — conditional effective date.

1.There is hereby created in the state treasury a revolving fund to be known as the "New Jobs Fund" to be administered by the department of economic development.

2.The general assembly may appropriate to the new jobs fund, if funds are available and if requested by the governor, a one-time appropriation of five million dollars.The fund is to be used to make direct financial investments in early-stage Missouri businesses that show promise of significant growth and job creation.Investments from the fund may be in the form of either debt or equity in a business.The fund's investments shall be matched by investments of venture capital firms, banks or other sources of financing.The state investment from the fund may not exceed forty percent of the total investment in the business.

3.Any moneys remaining in the new jobs fund at the end of the fiscal year shall not lapse to the general revenue fund, as provided in section 33.080, but shall remain in the new jobs fund.

*4.The provisions of this section shall not become effective unless and until a proposal submitted by the eighty-seventh general assembly to change the provisions of Article III of the State Constitution by adding a section to allow the use of state funds to make direct financial investments in certain Missouri businesses is submitted to the voters of this state and such proposal is approved by a majority of the qualified voters of this state voting on such proposal.

(L. 1993 H.B. 566 § 5)

*Conditional effective date dependent upon constitutional amendment to Article III.Eighty-seventh general assembly did not take action on subsection 4 of section 620.1030.

620.647 - Corporation to authorize contractual agreements for qualified economic development organizations — qualified funds to contract with at least one qualified economic development organization, required provisions — payment of distributions to qualified economic development organizations, use of payments, restrictions.

1.The corporation may authorize each qualified economic development organization to enter into contractual agreements with any qualified fund allowing such qualified fund to offer tax credits authorized pursuant to the provisions of sections 620.635 to 620.653 to those persons making qualified contributions to the qualified fund.The corporation shall establish policies and procedures requiring each authorized qualified economic development organization to secure from each qualified fund and its investors the maximum fund equity interest possible, as dictated by market conditions, in exchange for the use of the tax credits.All tax credits authorized pursuant to sections 620.635 to 620.653 shall be administered by the department.

2.Each qualified fund shall enter into a contract with one or more qualified economic development organizations which shall entitle all qualified economic development organizations in existence at that time to receive and share equally all distributions of equity and dividends or other earnings of the fund that are generated as a result of any equity interest secured as a result of actions taken to comply with subsection 1 of this section.Such contracts shall require the qualified funds to transfer to the corporation all distributions of dividends or other earnings of the fund that are owed to any qualified economic development organization that has dissolved or has ceased doing business for a period of one year or more.

3.All distributions of dividends, earnings, equity or the like owed pursuant to the provisions of sections 620.635 to 620.653 to a qualified economic development organization by any qualified fund shall be paid to the qualified economic development organization.The qualified economic development organization shall use such payments solely for reinvestment in qualified funds in order to provide ongoing seed capital, start-up capital and follow-up capital for Missouri businesses.No qualified economic development organization may transfer any dividends, earnings, equity or the like owed it pursuant to sections 620.635 to 620.653 to any other person or entity without the approval of the corporation.

(L. 1999 S.B. 518 § 5, A.L. 2011 H.B. 464)

620.1230 - Personnel provided by department of economic development.

The department of economic development shall provide the necessary personnel, within appropriations available therefor, to staff the office of the film commission, which shall be located in Jefferson City.

(L. 1996 H.B. 1237 § 5)

620.1910 - Citation of law — definitions — qualified manufacturing company and suppliers, retention of withholding taxes, when — maximum retention amount — rulemaking authority — agreement required — report required — sunset provision.

1.This section shall be known and may be cited as the "Manufacturing Jobs Act".

2.As used in this section, the following terms mean:

(1)"Approval", a document submitted by the department to the qualified manufacturing company or qualified supplier that states the benefits that may be provided under this section;

(2)"Capital investment", expenditures made by a qualified manufacturing company to retool or reconfigure a manufacturing facility directly related to the manufacturing of a new product or the expansion or modification of the manufacture of an existing product;

(3)"County average wage", the same meaning as such term is defined in section 620.1878;

(4)"Department", the department of economic development;

(5)"Facility", a building or buildings located in Missouri at which the qualified manufacturing company manufactures a product;

(6)"Full-time job", a job for which a person is compensated for an average of at least thirty-five hours per week for a twelve-month period, and one for which the qualified manufacturing company or qualified supplier offers health insurance and pays at least fifty percent of such insurance premiums;

(7)"NAICS industry classification", the most recent edition of the North American Industry Classification System as prepared by the Executive Office of the President, Office of Management and Budget;

(8)"New job", the same meaning as such term is defined in section 620.1878;

(9)"New product", a new model or line of a manufactured good that has not been manufactured in Missouri by the qualified manufacturing company at any time prior to the date of the notice of intent, or an existing brand, model, or line of a manufactured good that is redesigned with more than seventy-five percent new exterior body parts and incorporates new powertrain options;

(10)"Notice of intent", a form developed by the department, completed by the qualified manufacturing company or qualified supplier and submitted to the department which states the qualified manufacturing company's or qualified supplier's intent to create new jobs or retain current jobs and make additional capital investment, as applicable, and request benefits under this section.The notice of intent shall specify the minimum number of such new or retained jobs and the minimum amount of such capital investment;

(11)"Qualified manufacturing company", a business with a NAICS code of 33611 that:

(a)Manufactures goods at a facility in Missouri;

(b)In the case of the manufacture of a new product, commits to make a capital investment of at least seventy-five thousand dollars per retained job within no more than two years of the date the qualified manufacturing company begins to retain withholding tax under this section, or in the case of the modification or expansion of the manufacture of an existing product, commits to make a capital investment of at least fifty thousand dollars per retained job within no more than two years of the date the qualified manufacturing company begins to retain withholding tax under this section;

(c)Manufactures a new product or has commenced making capital improvements to the facility necessary for the manufacturing of such new product, or modifies or expands the manufacture of an existing product or has commenced making capital improvements to the facility necessary for the modification or expansion of the manufacture of such existing product; and

(d)Continues to meet the requirements of paragraphs (a) to (c) of this subdivision for the withholding period;

(12)"Qualified supplier", a manufacturing company that:

(a)Attests to the department that it derives more than ten percent of the total annual sales of the company from sales to a qualified manufacturing company;

(b)Adds five or more new jobs;

(c)Has an average wage, as defined in section 135.950, for such new jobs that are equal to or exceed the lower of the county average wage for Missouri as determined by the department using NAICS industry classifications, but not lower than sixty percent of the statewide average wage; and

(d)Provides health insurance for all full-time jobs and pays at least fifty percent of the premiums of such insurance;

(13)"Retained job", the number of full-time jobs of persons employed by the qualified manufacturing company located at the facility that existed as of the last working day of the month immediately preceding the month in which notice of intent is submitted;

(14)"Statewide average wage", an amount equal to the quotient of the sum of the total gross wages paid for the corresponding four calendar quarters divided by the average annual employment for such four calendar quarters, which shall be computed using the Quarterly Census of Employment and Wages Data for All Private Ownership Businesses in Missouri, as published by the Bureau of Labor Statistics of the United States Department of Labor;

(15)"Withholding period", the seven- or ten-year period in which a qualified manufacturing company may receive benefits under this section;

(16)"Withholding tax", the same meaning as such term is defined in section 620.1878.

3.The department shall respond within thirty days to a qualified manufacturing company or a qualified supplier who provides a notice of intent with either an approval or a rejection of the notice of intent.Failure to respond on behalf of the department shall result in the notice of intent being deemed an approval for the purposes of this section.

4.A qualified manufacturing company that manufactures a new product may, upon the department's approval of a notice of intent and the execution of an agreement that meets the requirements of subsection 9 of this section, but no earlier than January 1, 2012, retain one hundred percent of the withholding tax from full-time jobs at the facility for a period of ten years.A qualified manufacturing company that modifies or expands the manufacture of an existing product may, upon the department's approval of a notice of intent and the execution of an agreement that meets the requirements of subsection 9 of this section, but no earlier than January 1, 2012, retain fifty percent of the withholding tax from full-time jobs at the facility for a period of seven years.Except as otherwise allowed under subsection 7 of this section, the commencement of the withholding period may be delayed by no more than twenty-four months after execution of the agreement at the option of the qualified manufacturing company.Such qualified manufacturing company shall be eligible for participation in the Missouri quality jobs program in sections 620.1875 to 620.1890 for any new jobs for which it does not retain withholding tax under this section, provided all qualifications for such program are met.

5.A qualified supplier may, upon approval of a notice of intent by the department, retain all withholding tax from new jobs for a period of three years from the date of approval of the notice of intent or for a period of five years if the supplier pays wages for the new jobs equal to or greater than one hundred twenty percent of county average wage.Notwithstanding any other provision of law to the contrary, a qualified supplier that is awarded benefits under this section shall not receive any tax credit or exemption or be entitled to retain withholding under sections 100.700 to 100.850, sections 135.100 to 135.150, sections 135.200 to 135.286, section 135.535, sections 135.900 to 135.906*, sections 135.950 to 135.970, or section 620.1881 for the same jobs.

6.Notwithstanding any other provision of law to the contrary, the maximum amount of withholding tax that may be retained by any one qualified manufacturing company under this section shall not exceed ten million dollars per calendar year.The aggregate amount of withholding tax that may be retained by all qualified manufacturing companies under this section shall not exceed fifteen million dollars per calendar year.

7.Notwithstanding any other provision of law to the contrary, any qualified manufacturing company that is awarded benefits under this section shall not simultaneously receive tax credits or exemptions under sections 100.700 to 100.850, sections 135.100 to 135.150, sections 135.200 to 135.286, section 135.535, or sections 135.900 to 135.906* for the jobs created or retained or capital improvement which qualified for benefits under this section.The benefits available to the qualified manufacturing company under any other state programs for which the qualified manufacturing company is eligible and which utilize withholding tax from the jobs at the facility shall first be credited to the other state program before the applicable withholding period for benefits provided under this section shall begin.These other state programs include, but are not limited to, the Missouri works jobs training program under sections 620.800 to 620.809, the real property tax increment allocation redevelopment act under sections 99.800 to 99.865, or the Missouri downtown and rural economic stimulus act under sections 99.915 to 99.980.If any qualified manufacturing company also participates in the Missouri works jobs training program in sections 620.800 to 620.809, such qualified manufacturing company shall not retain any withholding tax that has already been allocated for use in the new jobs training program.Any qualified manufacturing company or qualified supplier that is awarded benefits under this program and knowingly hires individuals who are not allowed to work legally in the United States shall immediately forfeit such benefits and shall repay the state an amount equal to any withholding taxes already retained.Subsection 5 of section 285.530 shall not apply to qualified manufacturing companies or qualified suppliers which are awarded benefits under this program.

8.The department 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, 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 under 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 the effective date of this section shall be invalid and void.

9.Within six months of completion of a notice of intent required under this section, the qualified manufacturing company shall enter into an agreement with the department that memorializes the content of the notice of intent, the requirements of this section, and the consequences for failing to meet such requirements, which shall include the following:

(1)If the amount of capital investment made by the qualified manufacturing company is not made within the two-year period provided for such investment, the qualified manufacturing company shall immediately cease retaining any withholding tax with respect to jobs at the facility and it shall forfeit all rights to retain withholding tax for the remainder of the withholding period.In addition, the qualified manufacturing company shall repay any amounts of withholding tax retained plus interest of five percent per annum.However, in the event that such capital investment shortfall is due to economic conditions beyond the control of the qualified manufacturing company, the director may, at the qualified manufacturing company's request, suspend rather than terminate its privilege to retain withholding tax under this section for up to three years.Any such suspension shall extend the withholding period by the same amount of time.No more than one such suspension shall be granted to a qualified manufacturing company;

(2)If the qualified manufacturing company discontinues the manufacturing of the new product and does not replace it with a subsequent or additional new product manufactured at the facility at any time during the withholding period, the qualified manufacturing company shall immediately cease retaining any withholding tax with respect to jobs at that facility and it shall forfeit all rights to retain withholding tax for the remainder of the withholding period.

10.Prior to March first each year, the department shall provide a report to the general assembly including the names of participating qualified manufacturing companies or qualified suppliers, location of such companies or suppliers, the annual amount of benefits provided, the estimated net state fiscal impact including direct and indirect new state taxes derived, and the number of new jobs created or jobs retained.

11.Under section 23.253 of the Missouri sunset act:

(1)The provisions of the new program authorized under this section shall automatically sunset October 12, 2016, 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 section; and

(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.

(L. 2010 1st Ex. Sess. H.B. 2, A.L. 2013 H.B. 196)

Sunset date 10-12-16

Termination date 9-01-17

*Sections 135.900 to 135.906 were repealed by S.B. 975 & 1024 Revision, 2018.

620.2600 - Tax credit authorized — definitions — eligibility — rulemaking authority — sunset provision.

1.This section shall be known and may be cited as the "Innovation Campus Tax Credit Act".

2.As used in this section, the following terms mean:

(1)"Certificate", a tax credit certificate issued under this section;

(2)"Department", the Missouri department of economic development;

(3)"Eligible donation", donations received from a taxpayer by innovation campuses that are to be used solely for projects that advance learning in the areas of science, technology, engineering, and mathematics.Eligible donations may include cash, publicly traded stocks and bonds, and real estate that shall and will be valued and documented according to the rules promulgated by the department of economic development;

(4)"Innovation education campus" or "innovation campus", as defined in section 178.1100, an educational partnership consisting of at least one of each of the following entities:

(a)A local Missouri high school or K-12 school district;

(b)A Missouri four-year public or private higher education institution;

(c)A Missouri-based business or businesses; and

(d)A Missouri two-year public higher education institution or state technical college of Missouri;

(5)"Taxpayer", any of the following individuals or entities who make an eligible donation to any innovation campus:

(a)A person, firm, partner in a firm, corporation, or a shareholder in an S corporation doing business in the state of Missouri and subject to the state income tax imposed in chapter 143;

(b)A corporation subject to the annual corporation franchise tax imposed in chapter 147;

(c)An insurance company paying an annual tax on its gross premium receipts in this state;

(d)Any other financial institution paying taxes to the state of Missouri or any political subdivisions of this state under chapter 148;

(e)An individual subject to the state income tax imposed in chapter 143;

(f)Any charitable organization which is exempt from federal income tax and whose Missouri unrelated business taxable income, if any, would be subject to the state income tax imposed under chapter 143.

3.For all taxable years beginning on or after January 1, 2015, any* taxpayer shall be allowed a credit against the taxes otherwise due under chapters 147, 148, or 143, excluding withholding tax imposed by sections 143.191 to 143.265, in an amount equal to fifty percent of the amount of an eligible donation, subject to the restrictions in this section.The amount of the tax credit claimed shall not exceed the amount of the taxpayer's state income tax liability in the tax year for which the credit is claimed.Any amount of credit that the taxpayer is prohibited by this section from claiming in a tax year shall not be refundable, but may be carried forward to any of the taxpayer's four subsequent taxable years.

4.To claim the credit authorized in this section, an innovation campus may submit to the department an application for the tax credit authorized by this section on behalf of taxpayers.The department shall verify that the innovation campus has submitted the following items:

(1)A valid application in the form and format required by the department;

(2)A statement attesting to the eligible donation received, which shall include the name and taxpayer identification number of the individual or taxpayer making the eligible donation, the amount of the eligible donation, and the date the eligible donation was received by the innovation campus; and

(3)Payment from the innovation campus equal to the value of the tax credit for which application is made.

If the innovation campus applying for the tax credit meets all criteria required by this subsection, the department shall issue a certificate in the appropriate amount.

5.Tax credits issued under this section may be assigned, transferred, sold, or otherwise conveyed, and the new owner of the tax credit shall have the same rights in the credit as the taxpayer.Whenever a certificate is assigned, transferred, sold, or otherwise conveyed, a notarized endorsement shall be filed with the department specifying the name and address of the new owner of the tax credit and the value of the credit.

6.The department 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, 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 under and 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, 2014, shall be invalid and void.

7.Under section 23.253 of the Missouri sunset act:

(1)The program authorized under this section shall expire six years after August 28, 2014, 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 August 28, 2014; and

(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.

(L. 2014 H.B. 1459 merged with S.B. 729)

*Word "a" appears in H.B. 1459, 2014.

Sunset date 8-28-20

Termination date 9-01-21

620.1045 - Citation of law.

Sections 620.1045 to 620.1063 shall be known and may be cited as the "Missouri Capital Access Program Act".

(L. 1994 H.B. 1248 & 1048 § 1)

*620.460 - Director, qualifications, compensation — staff, compensation — employed under merit system.

1.The commission shall employ a staff headed by a director of tourism who shall be qualified by education and experience in public administration with a background in the use of the various news media as to the dissemination of public information to promote tourism.The director shall serve at the pleasure of the commission, and the commission shall fix his compensation within the appropriation made for the purpose.

2.The director of tourism shall by and with the consent of the commission employ a staff composed of such professional, technical and clerical personnel as necessary to carry out the purposes of sections 620.450 to 620.465 and set their compensation within the appropriation made for that purpose.

3.All members of the staff except the director shall be employed under the provisions of the state merit system law.

(L. 1967 p. 368 § 3)

620.2400 - MERVN established, management of, purpose, requirements — report required.

1.There is hereby established the "Missouri Entrepreneur Resource Virtual Network (MERVN)" to be managed by Missouri small business and technology development centers.The centers shall seek sufficient private sector funding to develop, maintain, and market a virtual network to provide seamless access to statewide resources and expertise for entrepreneurs and existing businesses using private sector funding.Private sector funding shall be for general support of the virtual network and shall not be used to sponsor specific portions of the network.The network shall disclose the value of the donations and names of private sector organizations providing funding for the network.The network shall provide resources for small businesses regarding requirements for starting a business.The network shall connect Missouri entrepreneurs to available state and nonstate supported services and technical assistance.In developing and maintaining the network, the centers shall ensure that all listed resources meet established standards.The goal of the network is to assist in the creation of new Missouri ventures, the growth of existing businesses, and the ability of Missouri entrepreneurs to compete globally.To the greatest extent possible, the network shall be built on and linked to existing resources designed to make business assistance resources more accessible to Missouri businesses.

2.The network must have specific sections containing information for anyone considering starting a business, information for anyone that has decided to start a Missouri business, information about expanding a Missouri business, information about moving a business to Missouri from another state, and information about moving a business to Missouri from another country, with links to each section prominently displayed on the website home page.Missouri small business and technology development centers must apply search engine optimization to the website's content to achieve top search engine rankings.

3.Any portion of the network that involves state information systems or state websites is subject to the authority of the centers, including, but not limited to:

(1)Evaluation and approval;

(2)Review to ensure compliance with security policies, guidelines, and standards; and

(3)Assurance of compliance with accessibility standards.

4.By September 30, 2012, the centers shall report to the chairs and ranking minority members of the senate and house of representatives committees with jurisdiction over economic development and state government finances on the centers' plans and progress toward the development of the network under this section.Included in the report shall be detailed information on donations received and expenditures by the Missouri small business and technology development centers on the MERVN.

(L. 2012 S.B. 563)

620.588 - Commission powers and duties.

1.The commission shall have the following powers and duties:

(1)To ensure that its funding decisions meet all federal and state statutory requirements;

(2)To prepare for this state an annual national service plan that follows state and federal guidelines;

(3)To recommend innovative statewide service programs to increase volunteer participation and community-based problem solving by all age groups and among diverse participants;

(4)To utilize local, state, and federal resources to initiate, strengthen, and expand quality service programs;

(5)To promote interagency collaboration to maximize resources and develop a model of such collaboration on the state level;

(6)To oversee the application process to apply for corporation grants and funds, and for approval of service positions;

(7)To establish priorities, policies, and procedures for the use of funds received under national service laws and for funds deposited into the community service commission fund established in section 620.592;

(8)To provide technical assistance for applicants to plan and implement service programs and to apply for assistance under the national service laws;

(9)To solicit and accept gifts, contributions, grants, bequests, or other aid from any person, business, organization or foundation, public or private, and from federal, state or local government or any agency of federal, state or local government.

2.The commission shall have other powers and duties in addition to those listed in subsection 1 of this section, including:

(1)To utilize staff within the department of economic development, the office of a designated statewide elected official or other executive departments as needed for this purpose; and

(2)To enter into contracts with individuals, organizations, and institutions within amounts available for this purpose.

(L. 2011 H.B. 464)

620.2000 - Citation of law.

Sections 620.2000 to 620.2020 shall be known and may be cited as the "Missouri Works Program".

(L. 2013 H.B. 184)

Sunset date 8-28-30, see § 620.2020

Termination date 9-01-31, see § 620.2020

620.2100 - Commission established, members — fund established — duties of commission — expiration date.

1.There is hereby established the "Ozark Exploration Bicentennial Commission".

2.The commission shall consist of the following members:

(1)Two representatives appointed by the speaker of the house of representatives;

(2)Two senators appointed by the president pro tempore of the senate;

(3)One faculty member of Missouri State University appointed by university leadership;

(4)The director of the division of tourism or his or her designee;

(5)Two members representing historical societies within the area of exploration, one appointed by the speaker of the house of representatives and one appointed by the president pro tempore of the senate;

(6)Two members of the public appointed by the speaker of the house of representatives; and

(7)Two members of the public appointed by the president pro tempore of the senate.

3.Members of the commission shall be appointed by October 1, 2017.

4.Members of the commission shall serve without compensation.The division of tourism shall provide administrative support for the commission.

5.There is hereby established in the state treasury the "Ozark Exploration Bicentennial Fund" to be held separate and apart from all other public moneys and funds of the state.The fund may accept state and federal appropriations, grants, bequests, gifts, fees, and awards to be held for use by the Ozark exploration bicentennial commission.Notwithstanding the provisions of section 33.080 to the contrary, moneys remaining in the fund at the end of any biennium shall not revert to general revenue.The state treasurer shall be custodian of the fund.In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements.The state treasurer shall invest moneys in the fund in the same manner as other funds are invested.Any interest and moneys earned on such investments shall be credited to the fund.

6.The duties of the commission shall include, but not be limited to:

(1)Organizing and coordinating efforts relating to the bicentennial celebration of the exploration of the Ozarks in 1819; and

(2)Promoting public awareness of the importance and cultural significance of the exploration to Missouri history.

7.The commission shall be dissolved and the provisions of this section shall expire on June 30, 2019.

(L. 2017 S.B. 161)

Expires 6-30-19

620.2300 - Definitions — applications process.

1.As used in this section, the following terms shall mean:

(1)"Biomass facility", a biomass renewable energy facility or biomass fuel production facility that will not be a major source for air quality permitting purposes;

(2)"Commission", the Missouri public service commission;

(3)"County average wage", the average wages in each county as determined by the department for the most recently completed full calendar year.However, if the computed county average wage is above the statewide average wage, the statewide average wage shall be deemed the county average wage for such county for the purpose of determining eligibility.The department shall publish the county average wage for each county at least annually.Notwithstanding the provisions of this subdivision to the contrary, for any project that is relocating employees from a Missouri county with a higher county average wage, the company shall obtain the endorsement of the governing body of the community from which jobs are being relocated or the county average wage for their project shall be the county average wage for the county from which the employees are being relocated;

(4)"Department", the Missouri department of economic development;

(5)"Full-time employee", an employee of the project facility that is scheduled to work an average of at least thirty-five hours per week for a twelve-month period, and one for which the employer offers health insurance and pays at least fifty percent of such insurance premiums;

(6)"Major source", the same meaning as is provided under 40 C.F.R. 70.2;

(7)"New job", the number of full-time employees located at the project facility that exceeds the project facility base employment less any decrease in the number of full-time employees at related facilities below the related facility base employment.An employee that spends less than fifty percent of the employee's work time at the project facility is still considered to be located at a facility if the employee receives his or her directions and control from that facility, is on the facility's payroll, one hundred percent of the employee's income from such employment is Missouri income, and the employee is paid at or above the state average wage;

(8)"Park", an area consisting of a parcel or tract of land, or any combination of parcels or contiguous land that meet all of the following requirements:

(a)The area consists of at least fifty contiguous acres;

(b)The property within the area is subject to remediation under a clean up program supervised by the Missouri department of natural resources or United States environmental protection agency;

(c)The area contains a manufacturing facility that is closed, undergoing closure, idle, underutilized, or curtailed and that at one time employed at least two hundred employees;

(d)The development plan for the area includes a biomass facility; and

(e)Property located within the area will be used for the development of renewable energy and the demonstration of industrial on-site energy generation;

(9)"Project", a cleanfields renewable energy demonstration project located within a park that will result in the creation of at least fifty new jobs and the retention of at least fifty existing jobs;

(10)"Project application", an application submitted to the department, by an owner of all or a portion of a park, on a form provided by the department, requesting benefits provided under this section;

(11)"Project facility", a biomass facility at which the new jobs will be located.A project facility may include separate buildings that are located within fifty miles of each other or within the same county such that their purpose and operations are interrelated;

(12)"Project facility base employment", the greater of the number of full-time employees located at the project facility on the date of the project application or for the twelve-month period prior to the date of the project application, the average number of full-time employees located at the project facility.In the event the project facility has not been in operation for a full twelve-month period, the average number of full-time employees for the number of months the project facility has been in operation prior to the date of the project application.

2.The owner of a park seeking to establish a project shall submit a project application to the department for certification of such project.The department shall review all project applications received under this section and, in consultation with the department of natural resources, verify satisfaction of the requirements of this section.If the department approves a project application, the department shall forward such application and approval to the commission.

3.Notwithstanding provisions of section 393.1030 to the contrary, upon receipt of an application and approval from the department, the commission shall assign double credit to any electric power, renewable energy, renewable energy credits, or any successor credit generated from:

(1)Renewable energy resources purchased from the biomass facility located in the park by an electric power supplier;

(2)Electric power generated off-site by utilizing biomass fuel sold by the biomass facility located at the park; or

(3)Electric power generated off-site by renewable energy resources utilizing storage equipment manufactured at the park that increases the quantity of electricity delivered to the electric power supplier.

(L. 2011 H.B. 89 merged with S.B. 48)

Effective 7-01-11 (S.B. 48); 7-11-11 (H.B. 89)

620.2459 - Sunset provision.

Pursuant to section 23.253 of the Missouri sunset act:

(1)The provisions of the new program authorized under sections 620.2450, 620.2451, 620.2452, 620.2453, 620.2454, 620.2455, 620.2456, 620.2457, and 620.2458 shall sunset automatically three years after August 28, 2018, unless reauthorized by an act of the general assembly; and

(2)If such program is reauthorized, the program authorized under sections 620.2450, 620.2451, 620.2452, 620.2453, 620.2454, 620.2455, 620.2456, 620.2457, and 620.2458 shall sunset automatically six years after the effective date of the reauthorization of sections 620.2450, 620.2451, 620.2452, 620.2453, 620.2454, 620.2455, 620.2456, 620.2457, and 620.2458; and

(3)Sections 620.2450, 620.2451, 620.2452, 620.2453, 620.2454, 620.2455, 620.2456, 620.2457, and 620.2458 shall terminate on September first of the calendar year immediately following the calendar year in which the program authorized under sections 620.2450, 620.2451, 620.2452, 620.2453, 620.2454, 620.2455, 620.2456, 620.2457, and 620.2458 is sunset.

(L. 2018 H.B. 1456 § B merged with H.B. 1872 § B)

620.2200 - Citation of law — commission established, members, meetings — fund created, use of moneys — report — termination date.

1.This section shall be known and may be cited as the "Missouri Route 66 Centennial Commission Act".

2.The commission shall be composed of eighteen members who reflect the interests, history, and importance of the communities along Route 66 in Missouri.The members shall be appointed as follows:

(1)Two public members appointed by the speaker of the house of representatives;

(2)Two public members appointed by the minority leader of the house of representatives;

(3)Two public members appointed by the president pro tempore of the senate;

(4)Two public members appointed by the minority leader of the senate;

(5)Three public members appointed by the governor, one of whom shall serve as chairperson; and

(6)Seven ex officio members as follows:

(a)The governor, or his or her designee;

(b)The director of the department of transportation, or his or her designee;

(c)The director of the department of natural resources, or his or her designee;

(d)The director of the division of tourism, or his or her designee;

(e)The director of the department of economic development, or his or her designee;

(f)The secretary of state, or his or her designee; and

(g)The president of the Route 66 Association of Missouri, or his or her designee.

3.An ex officio member of the commission vacates his or her position on the commission if he or she ceases to hold the position that qualifies the person for service on the commission.

4.(1)A public member of the commission is not entitled to compensation but is entitled to reimbursement for the travel expenses incurred by the member while transacting commission business.

(2)An ex officio member's service on the commission is an additional duty of the underlying position that qualifies the member for service on the commission.The entitlement of an ex officio member to compensation or reimbursement for travel expenses incurred while transacting commission business is governed by the law that applies to the member's service in that underlying position, and any payment to the member for either purpose shall be made from an appropriation that may be used for the purpose and is available to the state agency that the member serves in that underlying position.

5.(1)The commission shall meet at least quarterly at the times and places in this state that the commission designates.

(2)A majority of the members of the commission constitutes a quorum for transacting commission business.

6.The duties of the commission shall be to:

(1)Plan and sponsor official Route 66 centennial events, programs, and activities in the state;

(2)Encourage the development of programs designed to involve all citizens in activities that commemorate Route 66 centennial events in the state; and

(3)To the best of the commission's ability, make available to the public information on Route 66 centennial events happening throughout the state.

7.Subject to appropriation, the office of tourism shall provide administrative and other support to the commission.

8.(1)The commission may accept monetary gifts and grants from any public or private source, to be held in the Missouri Route 66 centennial commission fund.The "Missouri Route 66 Centennial Commission Fund" is created as a nonappropriated trust fund to be held outside of the state treasury, with the state treasurer as custodian.The fund shall be expended solely for the use of the commission in performing the commission's powers and duties under this section.

(2)The commission may also accept in-kind gifts.

9.Before June 30, 2027, a final report on the commission's activities shall be delivered to the governor.The commission shall be dissolved on June 30, 2027, and any moneys remaining in the Missouri Route 66 centennial commission fund shall be deposited in the general revenue fund.

10.The provisions of this section terminate on December 1, 2027.

(L. 2018 S.B. 843)

Terminates 12-01-27

620.2451 - Grants, use of moneys.

Grants awarded under sections 620.2450 to 620.2458 shall fund the acquisition and installation of retail broadband internet service at speeds of at least twenty-five megabits per-second download and three megabits per-second upload, but that is scalable to higher speeds.

(L. 2018 H.B. 1456 merged with H.B. 1872)

Sunset date 8-28-21

Termination date 9-01-22

620.584 - Commission assigned to department of economic development — purpose of commission.

1.The Missouri community service commission is assigned to the department of economic development.

2.The commission is established to make community service the common expectation and experience of all Missourians with a special concentration on Missouri's young people.The commission shall focus its efforts primarily on issues related to education, public safety, human needs and the environment.

3.The commission shall work to renew the ethic of civic responsibility in Missouri and to involve and enroll citizens in service opportunities that benefit Missouri while offering citizens skills that can be used to further their own plans for education, for a career, or for continuing community services.The commission shall build on the existing organizational framework of state, local, and community-based programs and agencies to expand full-time and part-time service opportunities for all citizens, but particularly Missouri's youth.

(L. 2011 H.B. 464)

620.484 - Free public employment offices.

The provisions of the Wagner-Peyser Act (29 U.S.C.A. Sec. 49 et seq.), as amended, are hereby accepted by this state and the division of workforce development of the department of economic development is hereby designated and constituted the agency of this state for the purposes of said act.The division shall establish and maintain free public employment offices in such number and in such places as may be necessary for the proper administration of this chapter and for the purposes of performing such functions as are within the purview of the Wagner-Peyser Act.

(L. 1951 p. 564 § 288.190, A.L. 2014 H.B. 1299 Revision)

Transferred 2014; formerly 288.270

CROSS REFERENCE:

County superintendent of public welfare to cooperate and furnish data to employment bureau, when, 205.910

620.1210 - Commission duties and objectives — coordination with local film offices.

1.There is hereby established within the department of economic development the "Office of the Missouri Film Commission".The objectives of this office shall be to:

(1)Explain the benefits and advantages of producing motion pictures in Missouri, and describe the services and assistance available from the state and local governments for the producers of motion pictures;

(2)Scout potential film locations for national and international film prospects, and prepare and distribute promotional, informational and advertising material, which describe and promote locations within the state for the production of motion pictures;

(3)Encourage cooperation between local, state and federal government agencies in the location and production of motion pictures in the state;

(4)Serve as a liaison between film makers, community leaders and federal, state and local authorities;

(5)Assist motion picture companies in securing permits to film at specific locations within the state, and assist such companies in obtaining other needed services related to the production of motion pictures;

(6)Escort film production prospects on scouting trips;

(7)Prepare a directory of the persons, firms and governmental agencies available to assist in the production of motion pictures;

(8)Sponsor workshops on topics relating to filmmaking, including screen writing, film financing and the preparation of communities to attract and assist motion picture productions;

(9)Represent the state at film industry trade shows and film festivals;

(10)Produce and maintain a video library which depicts the variety and extent of the locations within Missouri, including rural locations, available for the production of motion pictures.

2.The office of the film commission, shall closely coordinate its efforts with any local film office.A "local film office" shall include any film office, tourism bureau or other economic development agency that seeks to promote film production funded principally by local governments in Missouri.

(L. 1996 H.B. 1237 § 3)

620.467 - Division of tourism supplemental revenue fund created — use of fund — lapse to general revenue prohibited — funding — effective and expiration dates.

1.The state treasurer shall annually deposit an amount prescribed in this section out of the general revenue fund pursuant to section 144.700, in a fund hereby created in the state treasury, to be known as the "Division of Tourism Supplemental Revenue Fund".The state treasurer shall administer the fund, and the moneys in such fund, except the appropriate percentage of any refund made of taxes collected under the provisions of chapter 144, shall be used solely by the division of tourism of the department of economic development to carry out the duties and functions of the division as prescribed by law.Moneys deposited in the division of tourism supplemental revenue fund shall be in addition to a budget base in each fiscal year.For fiscal year 1994, such budget base shall be six million two hundred thousand dollars, and in each succeeding fiscal year the budget base shall be the prior fiscal year's general revenue base plus any additional appropriations made to the division of tourism, including one hundred percent of the prior fiscal year's deposits made to the division of tourism supplemental revenue fund pursuant to this section.The general revenue base shall decrease by ten percent in each fiscal year following fiscal year 1994.Notwithstanding the provisions of section 33.080 to the contrary, moneys in the division of tourism supplemental revenue fund at the end of any biennium shall not be deposited to the credit of the general revenue fund.

2.In fiscal years 1995 to 2020, a portion of general revenue determined pursuant to this subsection shall be deposited to the credit of the division of tourism supplemental revenue fund pursuant to subsection 1 of this section.The director of revenue shall determine the amount deposited to the credit of the division of tourism supplemental revenue fund in each fiscal year by computing the previous year's total appropriation into the division of tourism supplemental revenue fund and adding to such appropriation amount the total amount derived from the retail sale of tourist-oriented goods and services collected pursuant to the following sales taxes:state sales taxes; sales taxes collected pursuant to sections 144.010 to 144.430 that are designated as local tax revenue to be deposited in the school district trust fund pursuant to section 144.701; sales taxes collected pursuant to Section 43(a) of Article IV of the Missouri Constitution; and sales taxes collected pursuant to Section 47(a) of Article IV of the Missouri Constitution.If the increase in such sales taxes derived from the retail sale of tourist-oriented goods and services in the fiscal year three years prior to the fiscal year in which each deposit shall be made is at least three percent over such sales taxes derived from the retail sale of tourist-oriented goods and services generated in the fiscal year four years prior to the fiscal year in which each deposit shall be made, an amount equal to one-half of such sales taxes generated above a three percent increase shall be calculated by the director of revenue and the amount calculated shall be deposited by the state treasurer to the credit of the division of tourism supplemental revenue fund.

3.Total deposits in the supplemental revenue fund in any fiscal year pursuant to subsections 1 and 2 of this section shall not exceed the amount deposited into the division of tourism supplemental revenue fund in the fiscal year immediately preceding the current fiscal year by more than three million dollars.

4.As used in this section, "sales of tourism-oriented goods and services" are those sales by businesses registered with the department of revenue under the following SIC Codes:

(1)SIC Code 5811;

(2)SIC Code 5812;

(3)SIC Code 5813;

(4)SIC Code 7010;

(5)SIC Code 7020;

(6)SIC Code 7030;

(7)SIC Code 7033;

(8)SIC Code 7041;

(9)SIC Code 7920;

(10)SIC Code 7940;

(11)SIC Code 7990;

(12)SIC Code 7991;

(13)SIC Code 7992;

(14)SIC Code 7996;

(15)SIC Code 7998;

(16)SIC Code 7999; and

(17)SIC Code 8420.

5.Prior to each appropriation from the division of tourism supplemental revenue fund, the division of tourism shall present to the committee on tourism, recreational and cultural affairs of the house of representatives and to the transportation and tourism committee of the senate, or their successors, a promotional marketing strategy including, but not limited to, targeted markets, duration of market plans, ensuing market strategies, and the actual and estimated investment return, if any, resulting therefrom.

6.This section shall become effective July 1, 1994. This section shall expire June 30, 2020.

(L. 1993 H.B. 188 §§ 1, A, A.L. 1994 S.B. 534, A.L. 1998 H.B. 1620, A.L. 2002 H.B. 1041, A.L. 2007 H.B. 205 merged with S.B. 376, A.L. 2013 H.B. 316)

Expires 6-30-20

620.580 - Citation of law.

Sections 620.580 to 620.592 shall be known and may be cited as the "Missouri Community Service Act".

(L. 2011 H.B. 464)

620.2455 - Prioritization of applications — ranking of applicants, system used.

1.The department of economic development shall give first priority to grant applications that serve unserved areas.

2.The department of economic development shall give secondary priority to grant applications that demonstrate the ability to receive matching funds that serve unserved areas, whether such matching funds are government funds or other funds.

3.The department shall give third priority to grant applications that serve underserved areas.

4.The department of economic development shall use a quantitative weighing scheme or scoring system including, at a minimum, the following elements to rank the applications:

(1)Financial, technical, and legal capability of the applicant to deploy and operate broadband internet service;

(2)The number of locations served in the most cost-efficient manner possible considering the project area density;

(3)Available minimum broadband speeds;

(4)Ability of the infrastructure to be scalable to higher broadband internet speeds;

(5)Commitment of the applicant to fund at least fifty percent of the project from private sources;

(6)Length of time the provider has been operating broadband internet services in the state;

(7)The offering of new or substantially upgraded broadband internet service to important community institutions including, but not limited to, libraries, educational institutions, public safety facilities, and health care facilities;

(8)The offering of service to economically distressed areas of the state, as measured by indices of unemployment, poverty, or population loss that are significantly greater than the statewide average;

(9)The ability to provide technical support and training to residents, businesses, and institutions in the community of the proposed project to utilize broadband internet service;

(10)Plans to actively promote the adoption of the newly available broadband internet service in the community; and

(11)Strong support for the proposed project from citizens, businesses, and institutions in the community.

(L. 2018 H.B. 1456 merged with H.B. 1872)

Sunset date 8-28-21

Termination date 9-01-22

620.1500 - Governor's advisory council on agriculture science and technology created, members, duties, expenses.

1.There is hereby created within the department of economic development the "Governor's Advisory Council on Agriculture Science and Technology".The council shall consist of seven members.Two members shall be Missouri farmers, of which one member shall be a Missouri grain producer and one member shall be a Missouri livestock producer.The members of the council shall be appointed by and serve at the pleasure of the governor.The governor shall appoint one of the members as chairperson.At the council's discretion, it may call upon experts for advice and consultation on the issues in question.

2.The council's duties shall include but not be limited to the following, as they relate to agricultural science and technology:

(1)Apprising the governor of new developments in the scientific and technological communities;

(2)Providing scientific inquiry into regulatory matters, upon the governor's request;

(3)Identifying strengths, weaknesses, and long-term needs of the state regarding science and technology;

(4)Predicting potential economic opportunities for the state in the plant biotechnology industry; and

(5)Apprising the governor of new developments in forestry technologies.

3.The members of the council shall serve without compensation except that the members shall be reimbursed for reasonable travel and meeting expenses related to the functions of the council.

(L. 2006 S.B. 1008)

620.590 - Information sharing and cooperation — coordination of effort, when.

1.All state agencies, the University of Missouri extension system, and any unit of local government, including school districts, may share information and cooperate with the commission to enable it to perform the functions assigned to it by state and federal law.

2.Any state agency that operates or plans to establish a community service program may coordinate its efforts with the commission.

(L. 2011 H.B. 464)

620.1300 - Cost benefit analysis on certain programs, selection of analyzing firm, distribution of analysis — subjects analyzed.

A cost benefit analysis shall be prepared to evaluate the effectiveness of all tax credit programs, as defined by section 135.800, and all programs operated by the department of economic development for which the department approves tax credits, loans, loan guarantees, or grants.Each analysis shall be conducted by the state auditor, and shall include, but not be limited to, the costs for each program, the direct state and indirect state benefits and the direct local and indirect local benefits associated with each program, the safeguards to protect noneconomic influences in the award of programs administered by the department, and the likelihood of the economic activity taking place without the program.The result of each analysis shall be published and distributed, by January 1, 2001, and at least every four years thereafter, to the governor, the speaker of the house of representatives, the president pro tem of the senate, the chairman of the house budget committee, the chairman of the senate appropriations committee, the joint committee on tax policy, and the joint committee on economic development policy and planning.

(L. 1996 H.B. 1237 § 27, A.L. 1999 H.B. 701, A.L. 2004 S.B. 1099)

620.1200 - Missouri film commission established — members — terms — compensation, reimbursement — duties — recommendations submitted, when.

1.There is hereby established the "Missouri Film Commission" to advise the director of the department of economic development on the promotion of the development of film production and facilities in Missouri.

2.The commission shall be composed of five members, who have knowledge and experience with the motion picture industry, who shall be appointed by the director of the department of economic development.

3.The members of the commission appointed by the director shall be appointed to serve terms of three years; except that, of the members first appointed, two shall be appointed for a term of three years, two shall be appointed for a term of two years and one shall be appointed for a one-year term.

4.The members of the commission shall receive no compensation for serving on the commission but shall be reimbursed for their actual and necessary expenses incurred in the performance of their official duties.

5.The commission shall provide oversight and guidance to the director of the department of economic development in administering the office of the Missouri film commission, established in section 620.1210.The commission shall make recommendations to the governor and the general assembly on:

(1)The removal of barriers so that film production in Missouri may be more easily promoted; and

(2)The development of state incentives to attract private investment in film production in the state.

6.The commission shall submit its recommendations by January first of each year, beginning January 1, 1998.

(L. 1996 H.B. 1237 § 2, A.L. 2018 S.B. 843)

620.490 - Rulemaking authority, coordination of state and federal job training resources.

The department of economic development shall promulgate rules providing for the coordination of state and federal job training resources administered by the department of economic development, including the local workforce investment areas established in the state to administer federal funds pursuant to the federal Workforce Investment Act or its successor, for the provision of assistance to businesses in this state relating to the creation of new jobs in the state.The department shall include in these rules the methods to be followed by any business engaged in the creation of new jobs in state to ensure that economically disadvantaged citizens receive opportunities for employment in the new jobs created.No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

(L. 1996 H.B. 1237 § 23, A.L. 2014 H.B. 1299 Revision)

620.1000 - Definitions.

As used in sections 620.1000 to 620.1007, the following terms mean:

(1)"Department", the Missouri department of economic development;

(2)"Director", the director of the Missouri small business development centers program that is an employee of the host entity and approved by the United States Small Business Administration;

(3)"Fund", the Missouri small business development centers fund that is created in section 620.1001;

(4)"Host entity", the educational institution that is selected by the United States Small Business Administration to host the small business development centers program and to serve as the lead center for the state of Missouri;

(5)"Matching basis", the requirement that at least one matching dollar of cash or at least one dollar in-kind must be expended directly or indirectly for every state dollar;

(6)"Missouri small business development centers program", the small business development centers program for the state of Missouri, including the lead center at the host entity which is selected by the United States Small Business Administration and all of the regional centers;

(7)"Small business", a business that satisfies the eligibility criteria for assistance by the United States Small Business Administration under title 13 of the Code of Federal Regulations, and has its place of business in the state of Missouri or seeks to establish business in Missouri.

(L. 1992 S.B. 661 & 620 § 1)

620.1100 - Youth opportunities and violence prevention program established, purpose — advisory committee defined, members, appointment — fund, establishment, administration — program criteria, evaluation — database, development, operation.

1.The "Youth Opportunities and Violence Prevention Program" is hereby established in the division of community and economic development of the department of economic development to broaden and strengthen opportunities for positive development and participation in community life for youth, and to discourage such persons from engaging in criminal and violent behavior.For the purposes of section 135.460, this section and section 620.1103, the term "advisory committee" shall mean an advisory committee to the division of community and economic development established pursuant to this section composed of ten members of the public.The ten members of the advisory committee shall include members of the private sector with expertise in youth programs, and at least one person under the age of twenty-one.Such members shall be appointed for two-year terms by the director of the department of economic development.

2.The "Youth Opportunities and Violence Prevention Fund" is hereby established in the state treasury and shall be administered by the department of economic development.The department may accept for deposit into the fund any grants, bequests, gifts, devises, contributions, appropriations, federal funds, and any other funds from whatever source derived.Moneys in the fund shall be used solely for purposes provided in section 135.460, this section and section 620.1103.Any unexpended balance in the fund at the end of a fiscal year shall be exempt from the provisions of section 33.080 relating to the transfer of unexpended balances to the general revenue fund.

3.The department of economic development in conjunction with the advisory committee shall establish program criteria and evaluation methods for tax credits claimed pursuant to section 135.460.Such criteria and evaluation methods shall measure program effectiveness and outcomes, and shall give priority to local, neighborhood, community-based programs.The department shall monitor and evaluate all programs funded pursuant to section 135.460, this section and section 620.1103.Such programs shall provide a priority for applications from areas of the state which have statistically higher incidence of crime, violence and poverty and such programs shall be funded before the programs which have applied from areas which do not exhibit crime, violence, and poverty to the same degree.The committee shall focus and support specific programs designed to generate self-esteem and a positive self-reliance in youth and which abate youth violence.

4.The department shall develop and operate a database which lists all participating and related programs.The database shall include indexes and cross references and shall be accessible by the public by computer-modem connection.The information technology services division of the office of administration and the department of economic development shall cooperate with the advisory committee in the development and operation of the program.

(L. 1995 H.B. 174, et al. § 13, A.L. 2014 H.B. 1299 Revision)

CROSS REFERENCES:

Tax Credit Accountability Act of 2004, additional requirements, 135.800 to 135.830

Tax credit for programs within youth opportunity program, 135.460

620.1900 - Fee imposed on tax credit recipients, amount, deposited where — economic development advancement fund created, use of moneys.

1.The department of economic development may charge a fee to the recipient of any tax credits issued by the department, in an amount up to two and one-half percent of the amount of tax credits issued, or for tax credits issued under sections 253.545 to 253.559 in an amount equal to four percent of the amount of tax credits issued.The fee shall be paid by the recipient upon the issuance of the tax credits.However, no fee shall be charged for the tax credits issued under section 135.460, or section 208.770, or under sections 32.100 to 32.125, if issued for community services, crime prevention, education, job training, or physical revitalization.

2.(1)All fees received by the department of economic development under this section shall be deposited solely to the credit of the economic development advancement fund, created under subsection 3 of this section.

(2)Thirty-seven and one-half percent of the revenue derived from the four percent fee charged on tax credits issued under sections 253.545 to 253.559 shall be appropriated from the economic development advancement fund for business recruitment and marketing.

3.There is hereby created in the state treasury the "Economic Development Advancement Fund", which shall consist of money collected under this section.The state treasurer shall be custodian of the fund and shall approve disbursements from the fund in accordance with sections 30.170 and 30.180.Upon appropriation, money in the fund shall be used solely for the administration of this section.Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.The state treasurer shall invest moneys in the fund in the same manner as other funds are invested.Any interest and moneys earned on such investments shall be credited to the fund.

4.Such fund shall consist of any fees charged under subsection 1 of this section, any gifts, contributions, grants, or bequests received from federal, private, or other sources, fees or administrative charges from private activity bond allocations, moneys transferred or paid to the department in return for goods or services provided by the department, and any appropriations to the fund.

5.At least fifty percent of the fees and other moneys deposited in the fund shall be appropriated for marketing, technical assistance, and training, contracts for specialized economic development services, and new initiatives and pilot programming to address economic trends.The remainder may be appropriated toward the costs of staffing and operating expenses for the program activities of the department of economic development, and for accountability functions.

(L. 2005 S.B. 343, A.L. 2018 S.B. 590 merged with S.B. 773)

620.1355 - Director to certify corporations — factors to be considered — certificate issued when — failure to qualify, applicant's right of appeal — nonresident corporations, director may issue opinion, when.

The director shall certify an investment funds service corporation or S corporation to make the annual election and shall determine whether applicants for certification qualify pursuant to the definitions found in subdivision (4) of subsection 2 of section 143.451.In making his or her determination for certification, the director shall further take into consideration factors including, but not limited to:current and past industry employment growth and employment retention in the state; salary levels of new or existing industry employment in the state; the income tax laws applied to investment funds service corporations in other states; industry growth nationally and within the state; the prevailing conditions in the economy and financial markets; the competitive environment within the industry; the applicant's past certification and use of this section and sections 620.1350 and 620.1360; and an applicant's size, structure and method of operation.After determining an applicant is qualified to make the election, the director shall issue a certificate of qualification, a copy of which the applicant shall annually file with the applicant's income tax return.Once certified by the director, an investment funds service corporation shall remain certified for the annual election pursuant to this section and sections 620.1350 and 620.1360 until it no longer qualifies pursuant to the definitions of subdivision (4) of subsection 2 of section 143.451.The director may, at any time, require reasonable information to be submitted by an investment funds service corporation to establish its qualification for certification.If the director determines an application does not qualify for the annual election, the director shall notify the applicant of the reason for this determination in writing and the applicant shall have the same rights of reconsideration and appeal afforded to taxpayers denied tax credits pursuant to section 135.250.The director, upon request, may issue an opinion stating whether a nonresident investment funds service corporation or S corporation would meet the qualifications for certification pursuant to this section if such corporation were to relocate its principal business headquarters to this state, and such opinion shall be binding upon this state and its agencies if such corporation relocates its headquarters to this state in reliance on such opinion and if at the time such corporation relocates its principal business headquarters to this state, it meets the requirements of subdivision (4) of subsection 2 of section 143.451, the director shall certify the corporation to make the initial annual election as set forth in this section.Any provision of law to the contrary notwithstanding, information submitted to the director pursuant to this section shall be exempt from the provisions of chapter 610.

(L. 1997 2d Ex. Sess. S.B. 1 § 620.1350 subsec. 3, A.L. 2002 S.B. 959)

Effective 6-27-02

620.1055 - Capital access program fund created.

The state treasurer shall credit any moneys received from the department pursuant to sections 620.1045 to 620.1063 to the credit of the "Missouri Capital Access Program Fund", which is hereby created in the state treasury.Notwithstanding the provisions of section 33.080 to the contrary, money in this fund shall not be transferred and placed to the credit of general revenue.

(L. 1994 H.B. 1248 & 1048 § 5)

620.1051 - Program loss reserve account set aside, amount — certification, transfer of amount — recovery of losses.

1.When a financial institution originates a loan pursuant to sections 620.1045 to 620.1063 to a borrower, such financial institution shall set aside an amount into a program loss reserve account.Such amount shall be agreed upon by it and the borrower, and shall not be less than one and one-half percent or more than three and one-half percent of the principal of the loan.The borrower shall deposit into the program loss reserve account an amount equal to the amount set aside by the financial institution.The financial institution may loan the borrower the amount deposited on behalf of the borrower and such amount may be added to the principal of the loan.

2.The financial institution shall certify to the department, on forms prescribed by the department and accompanied by any documentation required by the department, that such financial institution has made a loan pursuant to sections 620.1045 to 620.1063 and has set aside a contribution and has collected from the borrower and deposited on behalf of the borrower an equal amount into the program loss reserve account.Upon receipt of such certification, the department shall verify that such certification complies with the provisions of sections 620.1045 to 620.1063.The department shall then transfer to the financial institution from the Missouri capital access program an amount equal to the combined amounts of the institution and the borrower which have been deposited in the program loss reserve account, except that for the first two million dollars in loans made by the financial institution pursuant to the provisions of sections 620.1045 to 620.1063, the department shall transfer to the institution an amount equal to one hundred fifty percent of the combined total amount deposited by the institution and the borrower in the program loss reserve account.

3.A financial institution which suffers a loss on any loan made pursuant to sections 620.1045 to 620.1063 may, upon application and providing proof satisfactory to the department, recover from the program loss reserve account its losses, which may include principal, up to six months accrued interest and any collection expenses.If the department approves the financial institution's application for recovery provided for by this subsection, the institution, at the request of the department, shall be required to assign to the department all rights and interests in such loan for which a recovery was approved.The department shall then have legal standing to pursue the collection of such loan.

(L. 1994 H.B. 1248 & 1048 § 3)

620.2010 - Retention of withholding tax for new jobs, when — tax credits authorized, requirements — alternate incentives.

1.In exchange for the consideration provided by the new tax revenues and other economic stimuli that will be generated by the new jobs created, a qualified company may, for a period of five years from the date the new jobs are created, or for a period of six years from the date the new jobs are created if the qualified company is an existing Missouri business, retain an amount equal to the withholding tax as calculated under subdivision (30) of section 620.2005 from the new jobs that would otherwise be withheld and remitted by the qualified company under the provisions of sections 143.191 to 143.265 if:

(1)The qualified company creates ten or more new jobs, and the average wage of the new payroll equals or exceeds ninety percent of the county average wage;

(2)The qualified company creates two or more new jobs at a project facility located in a rural area, the average wage of the new payroll equals or exceeds ninety percent of the county average wage, and the qualified company commits to making at least one hundred thousand dollars of new capital investment at the project facility within two years; or

(3)The qualified company creates two or more new jobs at a project facility located within a zone designated under sections 135.950 to 135.963, the average wage of the new payroll equals or exceeds eighty percent of the county average wage, and the qualified company commits to making at least one hundred thousand dollars in new capital investment at the project facility within two years of approval.

2.In addition to any benefits available under subsection 1 of this section, the department may award a qualified company that satisfies subdivision (1) of subsection 1 of this section additional tax credits, issued each year for a period of five years from the date the new jobs are created, or for a period of six years from the date the new jobs are created if the qualified company is an existing Missouri business, in an amount equal to or less than six percent of new payroll; provided that in no event may the total amount of benefits awarded to a qualified company under this section exceed nine percent of new payroll in any calendar year.The amount of tax credits awarded to a qualified company under this subsection shall not exceed the projected net fiscal benefit to the state, as determined by the department, and shall not exceed the least amount necessary to obtain the qualified company's commitment to initiate the project.In determining the amount of tax credits to award to a qualified company under this subsection, the department shall consider the following factors:

(1)The significance of the qualified company's need for program benefits;

(2)The amount of projected net fiscal benefit to the state of the project and the period in which the state would realize such net fiscal benefit;

(3)The overall size and quality of the proposed project, including the number of new jobs, new capital investment, proposed wages, growth potential of the qualified company, the potential multiplier effect of the project, and similar factors;

(4)The financial stability and creditworthiness of the qualified company;

(5)The level of economic distress in the area;

(6)An evaluation of the competitiveness of alternative locations for the project facility, as applicable; and

(7)The percent of local incentives committed.

3.Upon approval of a notice of intent to receive tax credits under subsections 2 and 5 of this section, the department and the qualified company shall enter into a written agreement covering the applicable project period.The agreement shall specify, at a minimum:

(1)The committed number of new jobs, new payroll, and new capital investment for each year during the project period;

(2)The date or time period during which the tax credits shall be issued, which may be immediately or over a period not to exceed two years from the date of approval of the notice of intent;

(3)Clawback provisions, as may be required by the department; and

(4)Any other provisions the department may require.

4.In lieu of the benefits available under sections 1 and 2 of this section, and in exchange for the consideration provided by the new tax revenues and other economic stimuli that will be generated by the new jobs created by the program, a qualified company may, for a period of five years from the date the new jobs are created, or for a period of six years from the date the new jobs are created if the qualified company is an existing Missouri business, retain an amount equal to the withholding tax as calculated under subdivision (30) of section 620.2005 from the new jobs that would otherwise be withheld and remitted by the qualified company under the provisions of sections 143.191 to 143.265 equal to:

(1)Six percent of new payroll for a period of five years from the date the required number of new jobs were created if the qualified company creates one hundred or more new jobs and the average wage of the new payroll equals or exceeds one hundred twenty percent of the county average wage of the county in which the project facility is located; or

(2)Seven percent of new payroll for a period of five years from the date the required number of jobs were created if the qualified company creates one hundred or more new jobs and the average wage of the new payroll equals or exceeds one hundred forty percent of the county average wage of the county in which the project facility is located.

The department shall issue a refundable tax credit for any difference between the amount of benefit allowed under this subsection and the amount of withholding tax retained by the company, in the event the withholding tax is not sufficient to provide the entire amount of benefit due to the qualified company under this subsection.

5.In addition to the benefits available under subsection* 4 of this section, the department may award a qualified company that satisfies the provisions of subsection 4 of this section additional tax credits, issued each year for a period of five years from the date the new jobs are created, or for a period of six years from the date the new jobs are created if the qualified company is an existing Missouri business, in an amount equal to or less than three percent of new payroll; provided that in no event may the total amount of benefits awarded to a qualified company under this section exceed nine percent of new payroll in any calendar year.The amount of tax credits awarded to a qualified company under this subsection shall not exceed the projected net fiscal benefit to the state, as determined by the department, and shall not exceed the least amount necessary to obtain the qualified company's commitment to initiate the project.In determining the amount of tax credits to award to a qualified company under this subsection, the department shall consider the factors provided under subsection 2 of this section.

6.No benefits shall be available under this section for any qualified company that has performed significant, project-specific site work at the project facility, purchased machinery or equipment related to the project, or has publicly announced its intention to make new capital investment at the project facility prior to receipt of a proposal for benefits under this section or approval of its notice of intent, whichever occurs first.

(L. 2013 H.B. 184)

Sunset date 8-28-30, see § 620.2020

Termination date 9-01-31, see § 620.2020

*Word "subsections" appears in original rolls.

620.990 - Bylaws and rules authorized.

To accomplish the purposes of sections 620.950 to 620.990, the authority shall adopt such bylaws, rules, and regulations as it deems necessary for the conduct of its business and affairs and for the management and use of facilities, projects, and sites acquired under the powers granted under the provisions of sections 620.950 to 620.990.