Effective - 28 Aug 2016, 3 histories
348.407. Development and implementation of grants and loans — fee authority's powers — assistance to businesses — rules. — 1. The authority shall develop and implement agricultural products utilization grants as provided in this section.
2. The authority may reject any application for grants pursuant to this section.
3. The authority shall make grants, and may make loans or guaranteed loans from the grant fund to persons for the creation, development and operation, for up to three years from the time of application approval, of rural agricultural businesses whose projects add value to agricultural products and aid the economy of a rural community.
4. The authority may make loan guarantees to qualified agribusinesses for agricultural business development loans for businesses that aid in the economy of a rural community and support production agriculture or add value to agricultural products by providing necessary products and services for production or processing.
5. The authority may make grants, loans, or loan guarantees to Missouri businesses to access resources for accessing and processing locally grown agricultural products for use in institutions, as defined in section 262.962, within the state.
6. The authority may, upon the provision of a fee by the requesting person in an amount to be determined by the authority, provide for a feasibility study of the person's rural agricultural business concept.
7. Upon a determination by the authority that such concept is feasible and upon the provision of a fee by the requesting person, in an amount to be determined by the authority, the authority may then provide for a marketing study. Such marketing study shall be designed to determine whether such concept may be operated profitably.
8. Upon a determination by the authority that the concept may be operated profitably, the authority may provide for legal assistance to set up the business. Such legal assistance shall include, but not be limited to, providing advice and assistance on the form of business entity, the availability of tax credits and other assistance for which the business may qualify as well as helping the person apply for such assistance.
9. The authority may provide or facilitate loans or guaranteed loans for the business including, but not limited to, loans from the United States Department of Agriculture Rural Development Program, subject to availability. Such financial assistance may only be provided to feasible projects, and for an amount that is the least amount necessary to cause the project to occur, as determined by the authority. The authority may structure the financial assistance in a way that facilitates the project, but also provides for a compensatory return on investment or loan payment to the authority, based on the risk of the project.
10. The authority may provide for consulting services in the building of the physical facilities of the business.
11. The authority may provide for consulting services in the operation of the business.
12. The authority may provide for such services through employees of the state or by contracting with private entities.
13. The authority may consider the following in making the decision:
(1) The applicant's commitment to the project through the applicant's risk;
(2) Community involvement and support;
(3) The phase the project is in on an annual basis;
(4) The leaders and consultants chosen to direct the project;
(5) The amount needed for the project to achieve the bankable stage; and
(6) The project's planning for long-term success through feasibility studies, marketing plans, and business plans.
14. The department of agriculture, the department of natural resources, the department of economic development and the University of Missouri may provide such assistance as is necessary for the implementation and operation of this section. The authority may consult with other state and federal agencies as is necessary.
15. The authority may charge fees for the provision of any service pursuant to this section.
16. The authority may adopt rules to implement the provisions of this section.
17. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in sections 348.005 to 348.180 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. All rulemaking authority delegated prior to August 28, 1999, is of no force and effect and repealed. Nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to August 28, 1999, if it fully complied with all applicable provisions of law. 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, 1999, shall be invalid and void.
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(L. 1997 H.B. 557, A.L. 1999 H.B. 888, A.L. 2011 S.B. 161, A.L. 2014 S.B. 672 merged with S.B. 701, A.L. 2016 S.B. 665)
Structure Missouri Revised Statutes
Title XXIII - Corporations, Associations and Partnerships
Section 348.005 - Law, how cited.
Section 348.015 - Definitions.
Section 348.025 - Commission members, who may serve.
Section 348.030 - Commissioners' terms.
Section 348.035 - Bond required for commissioners, executive director and employees, cost.
Section 348.040 - Removal of commissioners from office, procedure.
Section 348.045 - Officers, terms.
Section 348.050 - Meetings, quorum — actions by resolution, requirements.
Section 348.055 - Expenses of commission, no compensation to be paid.
Section 348.065 - Secretary's duties
Section 348.070 - Powers of authority.
Section 348.075 - Rules and regulations, promulgation, procedure.
Section 348.080 - Duties of authority.
Section 348.085 - Cooperation with federal and state agencies.
Section 348.090 - Additional powers of authority.
Section 348.095 - Termination of authority, rights and property to vest in state — exceptions.
Section 348.100 - Loans, authority may purchase or participate, requirements.
Section 348.110 - Bond issues and notes authorized.
Section 348.120 - Note issue and renewal — bond issues and refunding authorized.
Section 348.125 - Notes and bond issues to be authorized by resolution containing terms.
Section 348.130 - Pledges of authority to be liens on all authority assets.
Section 348.135 - Facsimile signatures, validity.
Section 348.140 - Redemption of notes and bonds — powers — price.
Section 348.145 - Issuance of refunding obligations — terms, how determined.
Section 348.165 - Official person executing bonds and notes, no personal liability.
Section 348.175 - Investment powers and limitations of authority.
Section 348.180 - Annual report — audit.
Section 348.185 - Statement of purpose.
Section 348.190 - Loan guarantee program — rules, regulations, promulgation, procedure.
Section 348.200 - Single-purpose animal facilities loan guarantee fund established — administration.
Section 348.205 - Money not needed may be invested.
Section 348.210 - Eligibility for guarantees for loans — rules — terms, conditions.
Section 348.215 - Policy of collection and recovery.
Section 348.220 - Animal waste facilities loan program guarantees — priorities, limitations.
Section 348.225 - Single-purpose animal facilities loan program fund created — purpose.
Section 348.253 - Contracts with not-for-profit organizations, objectives.
Section 348.256 - Articles of incorporation, bylaws, content — members, qualifications.
Section 348.262 - Department may contract with corporations.
Section 348.262 - Department may contract with corporations.
Section 348.263 - Open meetings and sunshine law applicability — records, requirements.
Section 348.264 - Science and innovation reinvestment fund established — source of funds — purpose.
Section 348.264 - Technology investment fund established — source of funds — purpose.
Section 348.266 - Debts incurred not debt of the state — subject to not-for-profit corporation law.
Section 348.275 - Rulemaking authority, procedure.
Section 348.280 - Contingent effective date.
Section 348.300 - Definitions.
Section 348.300 - Definitions.
Section 348.304 - Certificates, how issued, limitations, exchanges.
Section 348.306 - Transfer of certificates, procedure, limitations.
Section 348.308 - Duties of director of economic development — issuance of certificates.
Section 348.312 - Construction of provisions.
Section 348.400 - Definitions.
Section 348.403 - Authority to develop program — rules — reject application, when.
Section 348.406 - Certificates of guaranty — fee — limitations.
Section 348.408 - Agricultural product utilization grant fund established — limitation on grants.
Section 348.409 - Agricultural product utilization and business loan guarantee fund established.
Section 348.412 - Use of loan proceeds — eligibility — rules.
Section 348.415 - Collections.
Section 348.426 - Rules, effective, when — rules invalid and void, when.
Section 348.434 - Limitations on credits issued.
Section 348.436 - Expiration date.
Section 348.438 - Departments to provide assistance.
Section 348.439 - Oversight and report on credits.
Section 348.505 - Tax credit for family farm livestock loan program, procedure.
Section 348.515 - Recognition of benefit of providing assistance to certain family farm operations.
Section 348.524 - Livestock feed and crop input loan guarantee fund established — use of moneys.
Section 348.527 - Investment of fund moneys.
Section 348.530 - Eligibility for loans — rulemaking authority.