Missouri Revised Statutes
Chapter 620 - Department of Economic Development
Section 620.1878 - Definitions.

Effective - 04 Jun 2009, 4 histories
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.
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(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

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XL - Additional Executive Departments

Chapter 620 - Department of Economic Development

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

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

Section 620.015 - Administrative fund, uses, administration of.

Section 620.016 - Job training or development contracts or reimbursement for services, department to reimburse contractors.

Section 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 repo...

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

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

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

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

Section 620.450 - Executive department to promote tourism.

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

Section 620.460 - Director, qualifications, compensation — staff, compensation — employed under merit system.

Section 620.465 - Powers of division.

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

Section 620.467 - Division of tourism supplemental revenue fund created — use of fund — lapse to general revenue prohibited — funding — effective and expiration dates.

Section 620.484 - Free public employment offices.

Section 620.490 - Rulemaking authority, coordination of state and federal job training resources.

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

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

Section 620.503 - Small business assistance offices established in institutions of higher education to contract with department, purposes, procedure.

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

Section 620.512 - Bylaws to be established — restriction on operations of board — rulemaking authority.

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

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

Section 620.552 - Citation of law.

Section 620.554 - Youth service and conservation corps established.

Section 620.556 - Definitions.

Section 620.558 - Programs — participation.

Section 620.560 - Community services and conservation program.

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

Section 620.564 - Youth volunteer program.

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

Section 620.568 - Administration by project sponsor — administrative expenses.

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

Section 620.572 - Allocations for operation of corps.

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

Section 620.580 - Citation of law.

Section 620.582 - Definitions.

Section 620.584 - Commission assigned to department of economic development — purpose of commission.

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

Section 620.588 - Commission powers and duties.

Section 620.590 - Information sharing and cooperation — coordination of effort, when.

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

Section 620.635 - Title of law.

Section 620.638 - Definitions.

Section 620.641 - Transfer of board duties to Missouri technology corporation.

Section 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...

Section 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 distribut...

Section 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.

Section 620.653 - Corporation to approve one qualified fund — transfer of powers — corporation to approve professional fund manager for the qualified fund it approves.

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

Section 620.800 - Definitions.

Section 620.803 - Training program established, purpose, funding — rulemaking authority — bankruptcy, notification required — repayment of benefits, when.

Section 620.806 - Missouri one start job development fund established, use of moneys — rulemaking authority.

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

Section 620.850 - Citation of law — definitions — commission established, members, bylaws — report, contents — grant program — fund, use of moneys — rules.

Section 620.990 - Bylaws and rules authorized.

Section 620.1000 - Definitions.

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

Section 620.1003 - Centers, duties and powers.

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

Section 620.1007 - Annual report to whom.

Section 620.1020 - Business extension service team program created, purpose, duties — expenses.

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

Section 620.1025 - Director, duties.

Section 620.1027 - Teams, duties.

Section 620.1028 - Selection of team members — factors, provision of productivity assessment.

Section 620.1029 - Rulemaking, procedure — information relating to request for assistance from business extension service team to be confidential.

Section 620.1030 - New jobs fund created — sources, uses, conditions — conditional effective date.

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

Section 620.1039 - Qualified research expenses —definitions — tax credit, exception — certification by director of economic development — transfer of credits, application, restrictions and procedure — rules — limitations on credit — sunset provision.

Section 620.1045 - Citation of law.

Section 620.1048 - Definitions.

Section 620.1051 - Program loss reserve account set aside, amount — certification, transfer of amount — recovery of losses.

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

Section 620.1055 - Capital access program fund created.

Section 620.1058 - Use of loans — amount — limitation.

Section 620.1060 - Prohibited loans — definitions.

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

Section 620.1066 - Rulemaking procedure.

Section 620.1069 - Microenterprise loan program — definitions, purpose — oversight committee, duties.

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

Section 620.1075 - Standards for eligibility of lenders and borrowers — rules promulgation procedure — rules invalid, when.

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

Section 620.1081 - Determination of basic policy, rules.

Section 620.1100 - Youth opportunities and violence prevention program established, purpose — advisory committee defined, members, appointment — fund, establishment, administration — program criteria, evaluation — database, development, operation.

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

Section 620.1200 - Missouri film commission established — members — terms — compensation, reimbursement — duties — recommendations submitted, when.

Section 620.1210 - Commission duties and objectives — coordination with local film offices.

Section 620.1220 - Location of commission, promotion of film by other state agencies, transfers of staff by other agencies.

Section 620.1230 - Personnel provided by department of economic development.

Section 620.1240 - Administration by director, rulemaking authority.

Section 620.1300 - Cost benefit analysis on certain programs, selection of analyzing firm, distribution of analysis — subjects analyzed.

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

Section 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.

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

Section 620.1500 - Governor's advisory council on agriculture science and technology created, members, duties, expenses.

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

Section 620.1620 - Major conventions — definitions — fund created — issuance of grants, procedure — report — refunds — sunset provision.

Section 620.1875 - Title of law.

Section 620.1878 - Definitions.

Section 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.

Section 620.1884 - Rulemaking authority.

Section 620.1887 - Quality jobs advisory task force created, members.

Section 620.1890 - Report to the general assembly, contents.

Section 620.1900 - Fee imposed on tax credit recipients, amount, deposited where — economic development advancement fund created, use of moneys.

Section 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.

Section 620.2000 - Citation of law.

Section 620.2005 - Definitions.

Section 620.2010 - Retention of withholding tax for new jobs, when — tax credits authorized, requirements — alternate incentives.

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

Section 620.2020 - Participation procedures, department duties, qualified company or qualified military project duties — maximum tax credits allowed, allocation — prohibited acts — report, contents — rulemaking authority — sunset date.

Section 620.2100 - Commission established, members — fund established — duties of commission — expiration date.

Section 620.2200 - Citation of law — commission established, members, meetings — fund created, use of moneys — report — termination date.

Section 620.2250 - Citation of law — definitions — TIME zones, procedure to establish — state withholding tax agreement, requirements — fund created, use of moneys — annual report, contents — rules.

Section 620.2300 - Definitions — applications process.

Section 620.2400 - MERVN established, management of, purpose, requirements — report required.

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

Section 620.2451 - Grants, use of moneys — recordkeeping requirements — failure to use grant moneys for specific purpose.

Section 620.2452 - Eligible applicants.

Section 620.2453 - Application, contents.

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

Section 620.2455 - Prioritization of applications — ranking of applicants, system used.

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

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

Section 620.2458 - Rulemaking authority.

Section 620.2459 - Sunset provision.

Section 620.2465 - Program to increase high-speed internet access — rules.

Section 620.2468 - Site inspection.

Section 620.2475 - Aerospace projects, certain state benefits considered in determining aggregate benefits eligibility — reports.

Section 620.2600 - Tax credit authorized — definitions — eligibility — rulemaking authority — sunset provision.

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

Section 620.3210 - Citation of law — definitions — fund created, use of moneys — tax credit for donations, amount, procedure, cap — rulemaking authority — sunset provision.

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

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