Missouri Statute | Act | Code |Additional Executive Departments| US Code - US Statute | Chapter 620 Department Of Economic Development

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 office of director of the department of business and
administration, chapter 35, RSMo, and others, is abolished and all
powers, duties, personnel and property of that office, not previously
reassigned by executive reorganization plan no. 1 of 1973 as submitted by
the governor pursuant to chapter 26, RSMo, are transferred by type I
transfer to the director of the department of economic development. The
department of business and administration is hereby abolished.

3. The duties and responsibilities relating to subsection 2 of section
35.010, RSMo, are transferred by type I transfer to the personnel
division, office of administration.

4. The powers, duties and functions vested in the public service
commission, chapters 386, 387, 388, 389, 390, 392, and 393, RSMo, and
others, and the administrative hearing commission, sections 621.015 to
621.198, RSMo, and others, are transferred by type III transfers, and the
state banking board, chapter 361, RSMo, and others, and the savings and
loan commission, chapter 369, RSMo, and others, are transferred by type
II 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.

5. 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.

6. 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.

7. There is hereby created a "Division of Credit Unions" in the
department of economic development, to be headed by a director, nominated
by the department director and appointed by the governor with the advice
and consent of the senate. All the powers, duties and functions vested in
the state supervisor of credit unions in chapter 370, RSMo, and the
powers and duties relating to credit unions vested in the commissioner of
finance in chapter 370, RSMo, are transferred to the division of credit
unions of the department of economic development, by a type II transfer,
and the office of the state supervisor of credit unions is abolished. The
salary of the director of the division of credit unions shall be set by
the director of the department within the limits of the appropriations
therefor. The director of the division shall assume all the duties and
functions of the state supervisor of credit unions and the commissioner
of finance only where the director has duties and responsibilities
relating to credit unions as set out in chapter 370, RSMo.

8. The powers, duties and functions vested in the division of finance,
chapters 361, 362, 364, 365, 367, and 408, RSMo, and others, are
transferred by type II transfer to the department of economic
development. There shall be a director of the division who shall be
nominated by the department director and appointed by the governor with
the advice and consent of the senate.

9. All the powers, duties and functions vested in the director of the
division of savings and loan supervision in chapter 369, RSMo, sections
443.700 to 443.712, RSMo, or by any other provision of law are
transferred to the division of finance of the department of economic
development by a type I transfer. The position of the director of the
division of savings and loan supervision is hereby abolished. The
director of the division of finance shall assume all the duties and
functions of the director of the division of savings and loan supervision
as provided in chapter 369, RSMo, sections 443.700 to 443.712, RSMo, and
by any other provision of law. The division of savings and loan is hereby
abolished. The powers of the savings and loan commission are hereby
limited to hearing appeals from decisions of the director of the division
of finance approving or denying applications to incorporate savings and
loan associations or to establish branches of savings and loan
associations and approving regulations pertaining to savings and loan
associations. Any appeals shall be held in accordance with section
369.319, RSMo.

10. On and after August 28, 1990, the status of the division is modified
under a specific type transfer pursuant to section 1 of the Omnibus
Reorganization Act of 1974. The status of the division is modified from
that of a division transferred to the department of economic development
pursuant to a type II transfer, as provided for in this section, to that
of an agency possessing the characteristics of a division transferred
pursuant to a type III transfer; provided, however, that the division
will remain within the department of economic development. The division
of insurance shall be assigned to the department of economic development
as a type III division, and the director of the department of economic
development shall have no supervision, authority or control over the
actions or decisions of the director of the division. All authority,
records, property, personnel, powers, duties, functions, matter pending
and all other pertinent vestiges pertaining thereto shall be retained by
the division except as modified by this section. If the division of
insurance becomes a department by operation of a constitutional
amendment, the department of economic development shall continue until
December 31, 1991, to provide at least the same assistance as was
provided in previous fiscal years for personnel, data processing support
and other benefits from appropriations.

11. All the powers, duties and functions of the commerce and industrial
development division and the industrial development commission, chapters
184 and 255, RSMo, and others, not otherwise transferred, are transferred
by type I transfer to the department of economic development, and the
industrial development commission is abolished. All powers, duties and
functions of the division of commerce and industrial development and the
division of community development are transferred by a type I transfer to
the department of economic development, and the division of commerce and
industrial development and the division of community development are
abolished.

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

13. All the powers, duties and functions of the department of community
affairs, chapter 251, RSMo, 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.

14. (1) There is hereby established a "Division of Professional
Registration" assigned to the department of economic development as a
type III division, headed by a director appointed by the governor with
the advice and consent of the senate.

(2) The director of the division of professional registration shall
promulgate rules and regulations which designate for each board or
commission assigned to the division the renewal date for licenses or
certificates. After the initial establishment of renewal dates, no
director of the division shall promulgate a rule or regulation which
would change the renewal date for licenses or certificates if such change
in renewal date would occur prior to the date on which the renewal date
in effect at the time such new renewal date is specified next occurs.
Each board or commission shall by rule or regulation establish licensing
periods of one, two, or three years. Registration fees set by a board or
commission shall be effective for the entire licensing period involved,
and shall not be increased during any current licensing period. Persons
who are required to pay their first registration fees shall be allowed to
pay the pro rata share of such fees for the remainder of the period
remaining at the time the fees are paid. Each board or commission shall
provide the necessary forms for initial registration, and thereafter the
director may prescribe standard forms for renewal of licenses and
certificates. Each board or commission shall by rule and regulation
require each applicant to provide the information which is required to
keep the board's records current. Each board or commission shall issue
the original license or certificate.

(3) The division shall provide clerical and other staff services relating
to the issuance and renewal of licenses for all the professional
licensing and regulating boards and commissions assigned to the division.
The division shall perform the financial management and clerical
functions as they each relate to issuance and renewal of licenses and
certificates. "Issuance and renewal of licenses and certificates" means
the ministerial function of preparing and delivering licenses or
certificates, and obtaining material and information for the board or
commission in connection with the renewal thereof. It does not include
any discretionary authority with regard to the original review of an
applicant's qualifications for licensure or certification, or the
subsequent review of licensee's or certificate holder's qualifications,
or any disciplinary action contemplated against the licensee or
certificate holder. The division may develop and implement microfilming
systems and automated or manual management information systems.

(4) The director of the division shall establish a system of accounting
and budgeting, in cooperation with the director of the department, the
office of administration, and the state auditor's office, to ensure
proper charges are made to the various boards for services rendered to
them. The general assembly shall appropriate to the division and other
state agencies from each board's funds, moneys sufficient to reimburse
the division and other state agencies for all services rendered and all
facilities and supplies furnished to that board.

(5) For accounting purposes, the appropriation to the division and to the
office of administration for the payment of rent for quarters provided
for the division shall be made from the "Professional Registration Fees
Fund", which is hereby created, and is to be used solely for the purpose
defined in subdivision (4) of subsection 14 of this section. The fund
shall consist of moneys deposited into it from each board's fund. Each
board shall contribute a prorated amount necessary to fund the division
for services rendered and rent based upon the system of accounting and
budgeting established by the director of the division as provided in
subdivision (4) of this subsection. Transfers of funds to the
professional registration fees fund shall be made by each board on July
first of each year; provided, however, that the director of the division
may establish an alternative date or dates of transfers at the request of
any board. Such transfers shall be made until they equal the prorated
amount for services rendered and rent by the division. The provisions of
section 33.080, RSMo, to the contrary notwithstanding, money in this fund
shall not be transferred and placed to the credit of general revenue.

(6) The director of the division shall be responsible for collecting and
accounting for all moneys received by the division or its component
agencies. Any money received by a board or commission shall be promptly
given, identified by type and source, to the director. The director shall
keep a record by board and state accounting system classification of the
amount of revenue the director receives. The director shall promptly
transmit all receipts to the department of revenue for deposit in the
state treasury to the credit of the appropriate fund. The director shall
provide each board with all relevant financial information in a timely
fashion. Each board shall cooperate with the director by providing
necessary information.

(7) All educational transcripts, test scores, complaints, investigatory
reports, and information pertaining to any person who is an applicant or
licensee of any agency assigned to the division of professional
registration by statute or by the department of economic development are
confidential and may not be disclosed to the public or any member of the
public, except with the written consent of the person whose records are
involved. The agency which possesses the records or information shall
disclose the records or information if the person whose records or
information is involved has consented to the disclosure. Each agency is
entitled to the attorney-client privilege and work-product privilege to
the same extent as any other person. Provided, however, that any board
may disclose confidential information without the consent of the person
involved in the course of voluntary interstate exchange of information,
or in the course of any litigation concerning that person, or pursuant to
a lawful request, or to other administrative or law enforcement agencies
acting within the scope of their statutory authority. Information
regarding identity, including names and addresses, registration, and
currency of the license of the persons possessing licenses to engage in a
professional occupation and the names and addresses of applicants for
such licenses is not confidential information.

(8) Any deliberations conducted and votes taken in rendering a final
decision after a hearing before an agency assigned to the division shall
be closed to the parties and the public. Once a final decision is
rendered, that decision shall be made available to the parties and the
public.

15. (1) The division of registration and examination, department of
education, within chapter 161, RSMo, and others, is abolished and the
following boards and commissions are transferred by specific type
transfers to the division of professional registration, department of
economic development: state board of accountancy, chapter 326, RSMo;
state board of barber examiners, chapter 328, RSMo; state board of
registration for architects, professional engineers and land surveyors,
chapter 327, RSMo; state board of chiropractic examiners, chapter 331,
RSMo; state board of cosmetology, chapter 329, RSMo; state board of
healing arts, chapter 334, RSMo; Missouri dental board, chapter 332,
RSMo; state board of embalmers and funeral directors, chapter 333, RSMo;
state board of optometry, chapter 336, RSMo; state board of nursing,
chapter 335, RSMo; board of pharmacy, chapter 338, RSMo; state board of
podiatry, chapter 330, RSMo; Missouri real estate commission, chapter
339, RSMo; and Missouri veterinary medical board chapter 340, RSMo. The
governor shall appoint members of these boards by and with the advice and
consent of the senate from nominees submitted by the director of the
department.

(2) The boards and commissions assigned to the division shall exercise
all their respective statutory duties and powers, except those clerical
and other staff services involving collecting and accounting for moneys
and financial management relating to the issuance and renewal of
licenses, which services shall be provided by the division, within the
appropriation therefor. All clerical and other staff services relating to
the issuance and renewal of licenses of the individual boards and
commissions are abolished. All clerical and other staff services
pertaining to collecting and accounting for moneys and to financial
management relative to the issuance and renewal of licenses of the
individual boards and commissions are abolished. Nothing herein shall
prohibit employment of professional examining or testing services from
professional associations or others as required by the boards or
commissions on contract. Nothing herein shall be construed to affect the
power of a board or commission to expend its funds as appropriated.
However, the division shall review the expense vouchers of each board.
The results of such review shall be submitted to the board reviewed and
to the house and senate appropriations committees annually.

(3) Notwithstanding any other provisions of law, the director of the
division shall exercise only those management functions of the boards and
commissions specifically provided in the Reorganization Act of 1974, and
those relating to the allocation and assignment of space, personnel other
than board personnel, and equipment.

(4) "Board personnel", as used in this section or chapters 326, 327, 328,
329, 330, 331, 332, 333, 334, 335, 336, 338, 339 and 340, RSMo, shall
mean personnel whose functions and responsibilities are in areas not
related to the clerical duties involving the issuance and renewal of
licenses, to the collecting and accounting for moneys, or to financial
management relating to issuance and renewal of licenses; specifically
included are executive secretaries (or comparable positions),
consultants, inspectors, investigators, counsel, and secretarial support
staff for these positions; and such other positions as are established
and authorized by statute for a particular board or commission. Boards
and commissions may employ legal counsel, if authorized by law, and
temporary personnel if the board is unable to meet its responsibilities
with the employees authorized above. Any board or commission which hires
temporary employees shall annually provide the division director and the
appropriation committees of the general assembly with a complete list of
all persons employed in the previous year, the length of their
employment, the amount of their remuneration and a description of their
responsibilities.

(5) Board personnel for each board or commission shall be employed by and
serve at the pleasure of the board or commission, shall be supervised as
the board or commission designates, and shall have their duties and
compensation prescribed by the board or commission, within appropriations
for that purpose, except that compensation for board personnel shall not
exceed that established for comparable positions as determined by the
board or commission pursuant to the job and pay plan of the department of
economic development. Nothing herein shall be construed to permit
salaries for any board personnel to be lowered except by board action.

(6) Each board or commission shall receive complaints concerning its
licensees' business or professional practices. Each board or commission
shall establish by rule a procedure for the handling of such complaints
prior to the filing of formal complaints before the administrative
hearing commission. The rule shall provide, at a minimum, for the logging
of each complaint received, the recording of the licensee's name, the
name of the complaining party, the date of the complaint, and a brief
statement of the complaint and its ultimate disposition. The rule shall
provide for informing the complaining party of the progress of the
investigation, the dismissal of the charges or the filing of a complaint
before the administrative hearing commission.

16. All the powers, duties and functions of the division of athletics,
chapter 317, RSMo, and others, are transferred by type I transfer to the
division of professional registration. The athletic commission is
abolished.

17. The state council on the arts, chapter 185, RSMo, 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.

18. The Missouri housing development commission, chapter 215, RSMo, 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.

19. 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 Job Development and Training",
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.

20. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in this
chapter shall become effective only if it complies with and is subject to
all of the provisions of chapter 536, RSMo, and, if applicable, section
536.028, RSMo. 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, RSMo, are
nonseverable and if any of the powers vested with the general assembly
pursuant to chapter 536, RSMo, 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. (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)

CROSS REFERENCE: Main street program, established, duties of department,
RSMo 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.).

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, RSMo, relating to financial investments in a
business, or sales projections or other business plan information which
may endanger the competitiveness of a business may be deemed a "closed
record" as such term is defined in section 610.010, RSMo. (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)

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, RSMo, 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)

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

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; and

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

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; and

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

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)

The department of economic development shall have the authority
to contract directly with the Missouri technology corporation, as
established in section 348.251, RSMo, innovation centers, as established
in section 348.271, RSMo, small business development centers, as
established in sections 620.1000 to 620.1007, centers for advanced
technology, as established in section 348.272, RSMo, 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, RSMo.
(L. 1997 2d Ex. Sess. S.B. 1)

Effective 12-23-97

The provisions of this act relating to disciplinary proceedings
against any person licensed or regulated under the provisions of chapter
326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339,
340, 345 or 346, RSMo, do not apply for any circumstance occurring prior
to September 28, 1981, or to the construction and application of any
defense in a disciplinary proceeding for such circumstances. All
disciplinary proceedings for circumstances occurring prior to September
28, 1981, shall be conducted and determined according to the provisions
of law existing at the time of the occurrence of the circumstances
involved in the proceeding in the same manner as if this act* had not
been enacted, any other provision of law to the contrary notwithstanding.
(L. 1981 S.B. 16 § 1, subsec. 6)

*"This act" (S.B. 16, 1981) contains numerous sections. Consult
Disposition of Sections table for definitive listing.

Effective August 28, 1999, no new licensing activity or other
statutory requirements assigned to the division of professional
registration shall become effective until expenditures or personnel are
specifically appropriated for the purpose of conducting the business as
required and the initial rules filed, if appropriate, have become
effective. The director of the division of professional registration
shall have the authority to borrow funds from any agency within the
division to commence operations upon appropriation for such purpose. This
authority shall cease at such time that a sufficient fund has been
established by the agency to fund its operations and repay the amount
borrowed. (L. 1999 H.B. 343 § 620.160)

1. Contrary provisions of the law notwithstanding, no complaint,
investigatory report or information received from any source must be
disclosed prior to its review by the appropriate division.

2. At its discretion an agency may disclose complaints, completed
investigatory reports and information obtained from state administrative
and law enforcement agencies to a licensee or license applicant in order
to further an investigation or to facilitate settlement negotiations.

3. Information obtained from a federal administrative or law enforcement
agency shall be disclosed only after the agency has obtained written
consent to the disclosure from the federal administrative or law
enforcement agency.

4. At its discretion an agency may disclose complaints and investigatory
reports in the course of a voluntary interstate exchange of information,
or in the course of any litigation concerning a licensee or license
applicant, or pursuant to a lawful request, or to other state or federal
administrative or law enforcement agencies.

5. Except as disclosure is specifically provided above and in section
610.021, RSMo, deliberations, votes or minutes of closed proceedings of
agencies shall not be subject to disclosure or discovery. (L. 1994 S.B.
594 § 1)

When making appointments to the boards governed by chapters 326,
327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340 and
346, RSMo, the governor shall take affirmative action to appoint women
and members of minority groups. In addition, the governor shall not
discriminate against or in favor of any person on the basis of race, sex,
religion, national origin, ethnic background, or language. (L. 1981 S.B.
16 § 3)

No rule or portion of a rule promulgated under the authority of
chapters 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338,
339, 340, 345, and 346, RSMo, shall become effective unless it has been
promulgated pursuant to the provisions of section 536.024, RSMo. (L. 1981
S.B. 16 § 5, A.L. 1995 S.B. 3)

Notwithstanding any provision of law to the contrary, every
application for a license, certificate, registration, or permit, or
renewal of a license, certificate, registration, or permit issued in this
state shall contain the Social Security number of the applicant. This
provision shall not apply to an original application for a license,
certificate, registration, or permit submitted by a citizen of a foreign
country who has never been issued a Social Security number and who
previously has not been licensed by any other state, United States
territory, or federal agency. A citizen of a foreign country applying for
licensure with the division of professional registration shall be
required to submit his or her visa or passport identification number in
lieu of the Social Security number. (L. 1997 S.B. 361 § 1, A.L. 2004 S.B.
1122)

An orientation program for appointees to all boards or
commissions in the division of professional registration shall be
prepared under the direction of the director of the department of
economic development, which shall acquaint new appointees with their
duties and provide available information on subject matters of concern to
the board or commission to which each public member has been appointed.
(L. 1981 S.B. 16 § 6)

1. Any public member authorized under the provisions of sections
326.160, RSMo, 327.031, RSMo, 328.030, RSMo, 329.190, RSMo, 330.110,
RSMo, 331.090, RSMo, 332.021, RSMo, 333.151, RSMo, 334.120, RSMo,
335.021, RSMo, 336.130, RSMo, 337.050, RSMo, 338.110, RSMo, 339.120,
RSMo, 340.120, RSMo, and 346.120, RSMo, who misses three consecutive
regularly scheduled meetings of the board or council on which he serves
shall forfeit his membership on that board or council. A new public
member shall be appointed to the respective board or council by the
governor with the advice and consent of the senate.

2. Each public member authorized under the provisions of law cited in
subsection 1 of this section shall, at the conclusion of each meeting of
his respective board or council, make a report on that meeting to at
least one major newspaper and one major radio station which serves the
city or town in which the meeting occurred. (L. 1988 H.B. 1573 § 1)

Except as otherwise specifically provided by law, no license for
any occupation or profession shall be denied solely on the grounds that
an applicant has been previously convicted of a felony. (L. 1981 S.B. 16
§ 7)

1. All fees charged by each board assigned to the division of
professional registration shall be collected by that division and
promptly transmitted to the department of revenue for deposit in the
state treasury, credited to the proper account as provided by law.

2. The division and its component agencies shall permit any licensee to
submit payment for fees established by rule in the form of personal
check, money order, or cashier's check. All checks or money orders shall
be made payable to the appropriate board. Any check or financial
instrument which is returned to the division or one of its agencies due
to insufficient funds, a closed account, or for other circumstances in
which the check or financial instrument is not honored may subject an
individual to additional costs, substantial penalties, or other actions
by the division or one of its agencies. In such cases involving renewal
of licenses, the renewal license may be withheld, and if issued, is not
valid until the appropriate fee and any additional costs are collected.
The division may require the payment of collection costs or other
expenses. The affected board may establish penalty fees by rule and may
suspend or revoke a license if such behavior is repetitive or the
licensee fails to pay required penalty fees.

3. License renewal fees are generally nonrefundable. Overpayments or
other incorrect fees may be refundable. The division shall establish a
refund reserve through the appropriation to the professional registration
fees fund.

4. Notwithstanding any other provision of law to the contrary, no board,
commission or any other registration, licensing or certifying agency of
the division of professional registration shall be required to collect or
distribute any fee which is required for administering any test to
qualify for a license, registration or certificate, if any portion of the
fee is to be remitted to a private testing service. (L. 1963 p. 200 §
2-23, A.L. 1981 S.B. 16 § 161.232, A.L. 1989 H.B. 190, et al., A.L. 1997
S.B. 141)

(Source: RSMo 1956 §§ 160.220)

*Transferred 1982; formerly 161.232

The division of professional registration shall maintain, for
each board in the division, a registry of each person holding a current
license, permit or certificate issued by that board. The registry shall
contain the name, Social Security number and address of each person
licensed or registered together with other relevant information as
determined by the board. The registry for each board shall at all times
be available to the board and copies shall be supplied to the board on
request. Copies of the registry, except for the registrant's Social
Security number, shall be available from the division or the board to any
individual who pays the reasonable copying cost. Any individual may copy
the registry during regular business hours. The information in the
registry shall be furnished upon request to the division of child support
enforcement. Questions concerning the currency of license of any
individual shall be answered, without charge, by the appropriate board.
Each year each board may publish, or cause to be published, a directory
containing the name and address of each person licensed or registered for
the current year together with any other information the board deems
necessary. Any expense incurred by the state relating to such publication
shall be charged to the board. An official copy of any such publication
shall be filed with the director of the department of economic
development. (L. 1963 p. 200 § 2-24, A.L. 1981 S.B. 16 § 161.242, A.L.
1997 S.B. 361, A.L. 2004 S.B. 1122)

(Source: RSMo 1959 § 160.230)

*Transferred 1982; formerly 161.242

1. Notwithstanding other provisions of law, the director of the
division of professional registration may destroy records and documents
of the division or the boards in the division at any time if such records
and documents have been photographed, microphotographed, electronically
generated, electronically recorded, photostatted, reproduced on film or
other process capable of producing a clear, accurate and permanent copy
of the original. Such film or reproducing material shall be of durable
material and the device used to reproduce the records, reports, returns
and other related documents on film or material shall be such as to
accurately reproduce and perpetuate the original records and documents in
all details.

2. The reproductions so made may be used as permanent records of the
original. When microfilm or a similar reproduction is used as a permanent
record by the director of revenue, one copy shall be stored in a
fireproof vault and other copies may be made for use by any person
entitled thereto. All reproductions shall retain the same confidentiality
as is provided in the law regarding the original record.

3. Such photostatic copy, photograph, microphotograph, electronically
generated, electronically recorded or other process copy shall be deemed
to be an original record for all purposes, and shall be admissible in
evidence in all courts or administrative agencies. A transcript,
exemplification or certified copy of any records or documents made from
such photostatic copy, photograph, microphotograph, electronically
generated, electronically recorded or other process copy shall, for all
purposes be deemed to be a transcript, exemplification or certified copy
of the original and shall be admissible in evidence in all courts or
administrative agencies. No document shall be admissible pursuant to this
section unless the offeror shall comply with section 490.692, RSMo, when
applicable.

4. "Records and documents" include, but are not limited to, papers,
documents, facsimile information, microphotographic process,
electronically generated or electronically recorded information,
deposited or filed with the division of professional registration or any
of the boards in the division. (L. 1998 H.B. 1601, et al.)

Notwithstanding any other law to the contrary, the director of
the division of professional registration is authorized to contract with
third parties to collect, account for and deposit fees on behalf of the
division and licensing agencies within the division. (L. 1998 H.B. 1601,
et al.)

1. Whenever a board within the division of professional
registration, including the division itself when so empowered, may refuse
to issue a license for reasons which also serve as a basis for filing a
complaint with the administrative hearing commission seeking disciplinary
action against a holder of a license, the board, as an alternative to
refusing to issue a license, may, at its discretion, issue to an
applicant a license subject to probation.

2. The board shall notify the applicant in writing of the terms of the
probation imposed, the basis therefor, and the date such action shall
become effective. The notice shall also advise the applicant of the right
to a hearing before the administrative hearing commission, if the
applicant files a complaint with the administrative hearing commission
within thirty days of the date of delivery or mailing by certified mail
of written notice of the probation. If the board issues a probated
license, the applicant may file, within thirty days of the date of
delivery or mailing by certified mail of written notice of the probation,
a written complaint with the administrative hearing commission seeking
review of the board's determination. Such complaint shall set forth that
the applicant or licensee is qualified for nonprobated licensure pursuant
to the laws and administrative regulations relating to his or her
profession. Upon receipt of such complaint the administrative hearing
commission shall cause a copy of such complaint to be served upon the
board by certified mail or by delivery of such copy to the office of the
board, together with a notice of the place of and the date upon which the
hearing on such complaint will be held. Hearings shall be held pursuant
to chapter 621, RSMo. The burden shall be on the board to demonstrate the
existence of the basis for imposing probation on the licensee. If no
written request for a hearing is received by the administrative hearing
commission within the thirty-day period, the right to seek review of the
board's decision shall be considered waived.

3. If the probation imposed includes restrictions or limitations on the
scope of practice, the license issued shall plainly state such
restriction or limitation. When such restriction or limitation is
removed, a new license shall be issued. (L. 1998 H.B. 1601, et al.)

There shall be established in each board within the division of
professional registration, including the division itself when empowered
with licensing authority, which was on August 28, 1998, required or
authorized to revoke a license for failure to submit an application for
renewal, failure to provide information required for renewal or
nonpayment of the required renewal fee, a classification for a licensee
who, desires to remove himself or herself from participating in the
licensing system of the board or division. This classification shall be
distinguished from revocation of a license and from surrender of a
license pursuant to an agreement between the board or division and the
licensee filed with and approved by the administrative hearing
commission. This classification shall not be available to a licensee
during the time there is an investigation of the licensee or the
licensee's practices or during the pendency of a disciplinary complaint
filed with the administrative hearing commission. Each board within the
division or the division when empowered with licensing authority shall
establish by rule qualifications for such classification and procedures
for a licensee to request an inactive license as provided in this
section. Notwithstanding any other law to the contrary, no board within
the division or the division shall be required to revoke a license when
the licensee qualifies for the classification authorized by this section,
as provided by rule. An inactive license authorized by this section shall
be subject to the same requirements for reinstatement or restoration as a
lapsed, expired or revoked license due to failure to renew the license.
This section shall not affect those boards which are otherwise authorized
to classify a license as inactive. (L. 1998 H.B. 1601, et al.)

For the purpose of determining whether cause for discipline or
denial exists under the statutes of any board, commission or committee
within the division of professional registration, any licensee,
registrant, permittee or applicant that test positive for a controlled
substance, as defined in chapter 195, RSMo, is presumed to have
unlawfully possessed the controlled substance in violation of the drug
laws or rules and regulations of this state, any other state or the
federal government unless he or she has a valid prescription for the
controlled substance. The burden of proof that the controlled substance
was not unlawfully possessed in violation of the drug laws or rules and
regulations of this state, any other state or the federal government is
upon the licensee, registrant, permittee or applicant. (L. 2001 H.B. 567)

Any board, commission or committee within the division of
professional registration may impose additional discipline when it finds
after hearing that a licensee, registrant or permittee has violated any
disciplinary terms previously imposed or agreed to pursuant to
settlement. The board, commission or committee may impose as additional
discipline, any discipline it would be authorized to impose in an initial
disciplinary hearing. (L. 1998 H.B. 1601, et al.)

1. Except as provided in this section, no disciplinary
proceeding against any person or entity licensed, registered or certified
to practice a profession within the department of economic development,
division of professional registration shall be initiated unless such
action is commenced within three years of the date upon which the
licensing, registering or certifying agency received notice of an alleged
violation of an applicable statute or regulation.

2. For the purpose of this section, notice shall be limited to:

(1) A written complaint;

(2) Notice of final disposition of a malpractice claim, including
exhaustion of all extraordinary remedies and appeals;

(3) Notice of exhaustion of all extraordinary remedies and appeals of a
conviction based upon a criminal statute of this state, any other state
or the federal government;

(4) Notice of exhaustion of all extraordinary remedies and appeals in a
disciplinary action by a hospital, state licensing, registering or
certifying agency, or an agency of the federal government.

3. For the purposes of this section, an action is commenced when a
complaint is filed by the agency with the administrative hearing
commission, any other appropriate agency or in a court; or when a
complaint is filed by the agency's legal counsel with the agency in
respect to an automatic revocation or a probation violation.

4. Disciplinary proceedings based upon repeated negligence shall be
exempt from all limitations set forth in this section.

5. Disciplinary proceedings based upon a complaint involving sexual
misconduct shall be exempt from all limitations set forth in this section.

6. Any time limitation provided in this section shall be tolled:

(1) During any time the accused licensee, registrant or certificant is
practicing exclusively outside the state of Missouri or residing outside
the state of Missouri and not practicing in Missouri;

(2) As to an individual complainant, during the time when such
complainant is less than eighteen years of age;

(3) During any time the accused licensee, registrant or certificant
maintains legal action against the agency; or

(4) When a settlement agreement is offered to the accused licensee,
registrant or certificant, in an attempt to settle such disciplinary
matter without formal proceeding pursuant to section 621.045, RSMo, until
the accused licensee, registrant or certificant rejects or accepts the
settlement agreement.

7. The licensing agency may, in its discretion, toll any time limitation
when the accused licensee, registrant or certificant enters into and
participates in a treatment program for chemical dependency or mental
impairment.

8. This section shall become effective January 1, 1998. The above statute
of limitations shall not apply to any notice received by the agency prior
to January 1, 1998. (L. 1997 S.B. 141 § 37)

Effective 1-1-98

There is hereby established the "Missouri Rural Economic
Development Council". The council shall consist of six members, including
the lieutenant governor, the director of the department of agriculture,
the director of the department of economic development, and the director
of the extension division of the University of Missouri. The other two
members shall be one senator appointed by the president pro tem of the
senate and one representative appointed by the speaker of the house of
representatives. (L. 1989 H.B. 378 § 1, A.L. 1992 S.B. 676 Adopted by
Referendum, Proposition C, November 3, 1992)

Effective 11-3-92

Expires 6-30-10

Members of the council shall not be compensated for their
services, but they shall be reimbursed for actual and necessary expenses
incurred in the performance of their duties. The members of the council
shall organize by electing one member as chairman and another as vice
chairman. Such officers shall serve for terms of two years. The office of
rural development of the department of economic development, established
by section 620.161, shall provide staff to the council to aid it in the
performance of its duties. (L. 1989 H.B. 378 § 2)

Expires 6-30-10

The specific duties of the Missouri rural economic development
council shall include, but not be limited to, the following:

(1) Investigate and evaluate new methods to enhance rural economic
development in Missouri;

(2) Aid in the development of rural economic diversification through
private enterprises, including technologically innovative industries and
value-added manufacturing;

(3) Adopt a comprehensive state rural investment guide;

(4) Make investments in rural economic development projects to stimulate
rural development and diversification, including investments in applied
technological research and agricultural technology assistance and
transfer, as allowed by appropriations provided by the general assembly;

(5) Make recommendations to the office of rural development for the award
of grants-in-aid under the rural communities assistance program, as
provided for in section 620.163;

(6) Assist existing businesses and encourage new businesses which promote
resource recovery, waste minimalization, and recycling. (L. 1989 H.B. 378
§ 3)

Expires 6-30-10

1. The council, after appropriate study, shall adopt a
comprehensive state rural investment guide consisting of policy
statements, objectives, standards, and program criteria to guide state
agencies in establishing and implementing programs relating to rural
development. The guide must recognize the community and economic needs,
and food and agricultural policy, and the resources of rural Missouri,
and provide a plan to coordinate and allocate public and private
resources to the rural areas of the state. The council shall submit the
guide to the appropriate committees of the general assembly.

2. Sections 620.155 to 620.158 shall expire on June 30, 2010. (L. 1989
H.B. 378 §§ 4, B, A.L. 1992 S.B. 661 & 620, A.L. 1996 H.B. 1171 merged
with H.B. 1237)

Effective 8-28-96 (H.B. 1171) 1-1-97 (H.B. 1237)

Expires 6-30-10

As used in sections 620.160 to 620.165, the following terms mean:

(1) "Rural community", any city, town, or village having a population of
fewer than fifteen thousand inhabitants located in a county that is not
part of a standard metropolitan statistical area as defined by the United
States Department of Commerce or its successor agency. However, any such
city, town or village located in a county so defined as a standard
metropolitan statistical area may be designated a rural community by the
office of rural development if a substantial number of persons in such
county derive their income from agriculture and in any county where there
is only one city within the county which has a population of more than
fifteen thousand and which classifies as a standard metropolitan
statistical area, all other cities, towns and villages in that county
having a population of less than fifteen thousand shall be designated as
a rural community;

(2) "Sponsoring organization", any city government, county commission, or
industrial development corporation authorized by chapter 349, RSMo,
located in a county specified in subdivision (1) of this section. (L.
1989 H.B. 378 § 5)

1. There is hereby created within the department of economic
development an "Office of Rural Development". The office of rural
development shall be under the supervision and control of a director, who
shall be appointed by the director of the department of economic
development. Until June 30, 2000, the office of rural development shall
be responsible for providing staff support to the Missouri rural economic
development council. The office shall assist qualifying rural communities
located in this state to achieve the following goals, which are listed in
order of priority:

(1) Assist existing businesses and employers to ensure their viability
within the rural communities;

(2) Assist existing businesses and employers in job creation and
expansion within the communities and assist in the identification of
financing alternatives;

(3) Provide assistance to communities in attracting new employers;

(4) Assist existing businesses and encourage new businesses which promote
resource recovery, waste minimalization, and recycling.

2. Subject to appropriations by the general assembly, the director of the
office of rural development shall employ support staff that he deems
necessary to administer this act*. (L. 1989 H.B. 378 § 6, A.L. 1992 S.B.
661 & 620)

*"This act" (H.B. 378, 1989) contains numerous sections. Consult
Disposition of Sections table for definitive listing.

1. There is hereby established a "Rural Communities Economic
Assistance Program", which shall be administered by the office of rural
development. Under the auspices of the rural communities economic
assistance program and, until June 30, 2000, with the recommendations of
the Missouri rural economic development council, the office of rural
development shall have the authority, until June 30, 2010, to make
available to qualifying rural communities grants-in-aid designed to
achieve the goals stated in subsection 1 of section 620.161. The
grants-in-aid awarded pursuant to this authority may be funded out of the
general revenue fund or from any other available source allowed by law.

2. The office of rural development shall take applications for
grants-in-aid from sponsoring organizations on behalf of rural
communities. The applications shall be designed by the office of rural
development and shall contain information necessary to determine the
potential economic benefits of grants-in-aid to be awarded, as well as
other information deemed necessary for the administration of this program.

3. The grants-in-aid to be awarded under the rural communities economic
development assistance program shall be distributed to not more than
twenty communities chosen by the office of rural development with the
recommendations of the Missouri rural economic development council so
long as it exists from the applications received prior to February
twenty-eighth of each year. The grants-in-aid shall be distributed on
July first of each year to such communities in an amount not to exceed
thirty thousand dollars per community. No community may receive
grants-in-aid for more than two consecutive years. In order to qualify
for a grant-in-aid from the office of rural economic development, each
community must match the amount of the grant with local funds equal to
one-third of the grant-in-aid.

4. The sponsoring organization of each community chosen to receive a
grant-in-aid from the office of rural economic development shall provide
the community with equipment, office space, telephone service,
stationery, and such other office supplies and services as are necessary
to accomplish the goals set forth in subsection 1 of section 620.161 and
in the application submitted to the office of rural economic development.
The provision of such supplies and services by the sponsoring
organization may be used to meet the one-third fund match requirement set
forth in subsection 3 of this section. (L. 1989 H.B. 378 § 7, A.L. 1992
S.B. 661 & 620, A.L. 1999 H.B. 701)

1. Communities receiving grants-in-aid under the rural
communities economic assistance program shall hire such personnel as are
necessary to administer a program designed to bring about economic
development in the community. Such personnel shall coordinate with the
sponsoring organization or its contractual designee pursuant to
subsection 2 of this section to maximize the utilization of funds and
resources. Such personnel shall work toward achieving the goals of the
office of rural development within the community and shall also assist in
the development of and investment opportunities within the community, and
shall generally encourage entrepreneurship within the community. The
office of rural development shall encourage the communities to continue
to fund local development offices after the expiration of the program
grants-in-aid for their communities. As nearly as possible, the office of
rural development shall require communities receiving such grants-in-aid
to cooperate with adjacent rural communities in an effort to stimulate
regional economic development.

2. Sponsoring organizations may enter into contracts with chambers of
commerce, regional planning commissions as defined in chapter 251, RSMo,
or other entities involved in economic development approved by the
council to provide for the administration of grants-in-aid made pursuant
to this act*. (L. 1989 H.B. 378 § 8)

*"This act" (H.B. 378, 1989) contains numerous sections. Consult
Disposition of Sections table for definitive listing.

1. The office of rural development shall furnish technical
assistance to communities and local rural development personnel by
administering training seminars for such local development personnel. The
office may also furnish market surveys, feasibility studies, prospect
lists and other data to local rural development offices upon request for
such available information.

2. The extension division of the University of Missouri and the
department of economic development shall cooperate in the implementation
of sections 620.155 to 620.165. (L. 1989 H.B. 378 §§ 9, 10)

1. Sections 620.170 to 620.174 may be cited as the "Missouri
Export Development Office Act".

2. As used in sections 620.170 to 620.174, the following terms mean:

(1) "Board", the Missouri economic development, export and infrastructure
board;

(2) "Director", the executive director of the* Missouri export
development office;

(3) "Export trade assistance" includes, but is not limited to, staff
assistance provided by the office to potential Missouri exporters in the
areas of international market research, advertising, marketing,
insurance, legal assistance, transportation, including trade
documentation and freight forwarding, and processing of foreign orders to
and for exporters and foreign purchases and warehousing, when undertaken
to export or facilitate the export of goods or services produced or
assembled in this state;

(4) "Financial institution", any credit union, bank or savings and loan
association regulated by the state of Missouri or the United States
government; any insurance company authorized to transact business in
Missouri, or any person or institution whose primary business is lending
money and who is regulated by the state;

(5) "Office", the Missouri export development office, created by sections
620.170 to 620.174. (L. 1989 H.B. 378 §§ 11, 12)

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

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)

In addition to the duties described in subsection 1 of section
620.158, the Missouri export development office shall establish, as soon
as practicable, a computerized marketing center to aid in the exporting
of goods and services of Missouri's small and medium-sized businesses.
The establishment of the marketing center shall be carried out in
conjunction with personnel of the department of economic development's
management information system. The purpose of the center shall be to
provide an inventory of goods and services of Missouri businesses which
are appropriate and available for exporting. The marketing center shall
also develop a marketing plan which shall attempt to match specific goods
and services of Missouri businesses with international communities and
with selected international target markets. (L. 1989 H.B. 378 § 15)

The director of the department of economic development shall
appoint an executive director of the Missouri export development office.
The director shall be knowledgeable about private and public export
assistance and export financing programs and may employ staff as
necessary to carry out the provisions of sections 620.170 to 620.174. (L.
1989 H.B. 378 § 16)

Any person who is appointed or employed by the Missouri economic
development export and infrastructure board who is not an employee of the
state of Missouri and a member of a retirement system supported in whole
or in part by the state of Missouri may participate in a state-supported
plan for medical benefits if the board elects to contribute an amount per
each such person equal to the amount that the state contributes for each
covered state employee for medical benefits under the provisions of
section 104.515, RSMo. The board shall pay the amount to be contributed
to the commissioner of administration for transmittal and deposit in the
state treasury in the account maintained for medical, life insurance and
disability benefits. If the board so elects, the spouses and
unemancipated children under twenty-three years of age of the appointees
or employees may participate in the program to cover medical expenses
under the provisions of and subject to the payment requirements
established pursuant to subsection 3 of section 104.515, RSMo. (L. 1993
H.B. 566 § 11)

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)

*Transferred 1986; formerly 258.300

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)

*Transferred 1986; formerly 258.310

**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.

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)

*Transferred 1986; formerly 258.320

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)

*Transferred 1986; formerly 258.330

**See note following § 620.455.

CROSS REFERENCE: Personnel exempt from merit system, RSMo 36.030

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, RSMo,
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)

1. The state treasurer shall annually deposit an amount
prescribed in this section out of the general revenue fund pursuant to
section 144.700, RSMo, 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, RSMo, 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, RSMo, 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 2010, 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, RSMo, that are designated as
local tax revenue to be deposited in the school district trust fund
pursuant to section 144.701, RSMo; 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, 2010. (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)

Expires 6-30-10

As used in sections 620.470 to 620.481, unless the context
clearly requires otherwise, the following terms mean:

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

(2) "Fund", the Missouri job development fund as established by section
620.478;

(3) "Industry", an entity the objective of which is to supply a service
or the objective of which is the commercial production and sale of an
article of trade or commerce. The term includes a consortium of such
entities organized for the purpose of providing for common training to
the member entities' employees, provided that the consortium as a whole
meets the requirements for participation in this program;

(4) "Manufacturing", the making or processing of raw materials into a
finished product, especially by means of large-scale machines of
industry. (L. 1986 S.B. 628 § 1, A.L. 2001 S.B. 500)

1. The department shall establish a new or expanding industry
training program, the purpose of which is to provide assistance for new
or expanding industries for the training, retraining or upgrading of the
skills of potential employees. Such program may also provide assistance
in the locating of skilled employees and in the locating of additional
sources of job training funds. Such program shall be operated with
appropriations made by the general assembly from the fund.

2. Assistance under the new or expanding industry training program may be
available only for industries whose investments relate directly to a
projected increase in employment which will result in the need for
training of newly hired employees or the retraining or upgrading of the
skills of existing employees for new jobs created by the new or expanding
industry's investment.

3. The department shall issue rules and regulations governing the
awarding of funds administered through the new or expanding industry
training program. When promulgating these rules and regulations, the
department shall consider such factors as the potential number of new
permanent jobs to be created, the amount of private sector investment in
new facilities and equipment, the significance of state funding to the
industry's decision to locate or expand in Missouri, the economic need of
the affected community, and the importance of the industry to the
economic development of Missouri. (L. 1986 S.B. 628 § 2)

Effective 5-30-86

1. The department shall establish a basic industry retraining
program, the purpose of which is to provide assistance for industries in
Missouri for the retraining and upgrading of employees' skills which are
required to support new investment. Such program shall be operated with
appropriations made by the general assembly from the fund.

2. Assistance under the basic industry retraining program may be made
available for industries in Missouri which make new investments without
the creation of new employment.

3. The department shall issue rules and regulations governing the
awarding of funds administered through the basic industry retraining
fund. When promulgating these rules and regulations, the department shall
consider such factors as the number of jobs in jeopardy of being lost if
retraining does not occur, the amount of private sector investment in new
facilities and equipment, the ratio of jobs retained versus investment,
the cost of normal, ongoing training required for the industry, the
economic need of the affected community, and the importance of the
industry to the economic development of Missouri. (L. 1986 S.B. 628 § 3,
A.L. 2001 S.B. 500)

1. The department shall establish an industry quality and
productivity improvement program to help industries and businesses
evaluate and enhance quality and productivity, and to encourage the
private sector to develop long-range goals to improve quality and
productivity and improve the competitive position of private businesses.
The quality and productivity improvement program shall include seminars,
workshops and short courses on subjects such as long-range planning, new
management techniques, automated manufacturing, innovative uses of new
materials and the latest philosophies of management and quality
improvement. The program shall be available to existing Missouri
manufacturing, distribution and service businesses.

2. The department may develop quality and productivity improvement
centers at university and community college campuses throughout the state
as the demand and need is determined. The department shall have the
authority to contract with individuals who possess particular knowledge,
ability and expertise in the various subjects which may be essential to
the program's goals. Seminars, workshops, short courses and specific not
for credit classes shall be developed on and off campus for personnel
engaged in manufacturing, distribution and service businesses. At the
discretion of the department, the University of Missouri and Lincoln
University extension services, the continuing education offices of the
regional universities and community colleges may be used for the
promotion and coordination of the off-campus courses that are offered.

3. Activities eligible for reimbursement in the industry quality and
productivity program shall include:

(1) The cost of seminars, workshops, short courses and specific not for
credit classes;

(2) The wages of instructors;

(3) Productivity materials and supplies, including the purchase of
packaged productivity programs when appropriate;

(4) Travel directly related to the program;

(5) Tuition payments to third-party productivity providers and to
businesses; and

(6) Teaching and assistance provided by educational institutions in the
state.

4. No industry receiving assistance under the industry quality and
productivity improvement program shall be reimbursed for more than fifty
percent of the total costs of its participation in the program. (L. 1995
H.B. 414)

Activities eligible for reimbursement by funds administered
through the new or expanding industry program and the basic industry
retraining program shall include: the wages of instructors, who may or
may not be employees of the industry; training development costs,
including the cost of training of instructors; training materials and
supplies, including the purchase of packaged training programs when
appropriate; travel directly related to the training program; tuition
payments to third-party training providers and to the industry; teaching
and assistance provided by educational institutions in the state of
Missouri; on-the-job training; and the leasing, but not the purchase, of
training equipment and space. (L. 1986 S.B. 628 § 4)

Effective 5-30-86

1. There is hereby established in the state treasury a special
fund to be known as the "Missouri Job Development Fund". 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. Appropriations made from the fund
shall be for the purpose of providing contractual services through the
department of elementary and secondary education for vocational related
training or retraining provided by public or private training
institutions within Missouri; and for contracted services through the
department of economic development for vocational related training or
retraining provided by public or private training institutions located
outside of Missouri; and for vocational related training or retraining
provided on site, within Missouri, by any proprietorship, partnership or
corporate entity. Except for state-sponsored preemployment training, no
applicant shall receive more than fifty percent of its project training
or retraining costs from the development fund. Moneys to operate the new
or expanding industry training program, the basic industry retraining
program, the industry quality and productivity improvement program and
assistance to community college business and technology centers shall be
obtained from appropriations made by the general assembly from the fund.
No funds shall be awarded or reimbursed to any industry 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.

2. The Missouri job development fund shall be able to receive 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. (L. 1986 S.B. 628 § 5, A.L. 1995 H.B. 414)

The department is authorized to contract with other entities,
including businesses, industries, other state agencies and the political
subdivisions of the state, for the purpose of carrying out the provisions
of sections 620.470 to 620.481. (L. 1986 S.B. 628 § 6)

Effective 5-30-86

To efficiently carry out the responsibilities of the division of
job development and training and to improve job training program
coordination, the commissioner of administration shall authorize the
division to directly negotiate with and contract for job training and
related services with administrative entities designated pursuant to the
requirements of the Job Training Partnership Act and any subsequent
amendments and any other agencies or entities which may be designated to
administer job training and related services pursuant to any succeeding
federal or state legislative or regulatory requirements. (L. 1989 S.B. 90
§ 1)

Effective 6-8-89

There is hereby created the "Missouri Job Training Joint
Legislative Oversight Committee". The committee shall consist of three
members of the Missouri senate appointed by the president pro tem of the
senate; 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 Missouri job training joint legislative
oversight committee shall report to the governor, the president pro tem
of the senate and the speaker of the house of representatives on all
assistance to industries under the provisions of sections 620.470 to
620.481 provided during the preceding fiscal year and the customized job
training program administered by the department of elementary and
secondary education. The report of the committee shall be delivered no
later than October first of each year. The director of the department of
economic development 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. (L. 1986 S.B. 628 § 7, A.L. 1993 H.B. 566)

1. The department may provide assistance, through appropriations
made from the Missouri job development fund, to business and technology
centers. Such assistance may 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 a state-owned
postsecondary technical college, to provide business and training
services in disciplines which shall include, but not be limited to,
environmental health and safety, industrial electrical technology,
machine tool technology, industrial management and technology, computer
consulting and computer-aided drafting, microcomputer training and
telecommunications training.

2. The department of economic development shall promulgate rules and
regulations as are necessary to implement the provisions of sections
620.470 to 620.482. No rule or portion of a rule promulgated under the
authority of sections 620.470 to 620.482 shall become effective unless it
has been promulgated pursuant to the provisions of section 536.024, RSMo.
(L. 1995 H.B. 414, A.L. 1996 H.B. 1237)

1. The division of job development and training of the
department of economic development and the private industry council, also
referred to as PIC, located within each service delivery area, also
referred to as SDA, as authorized by section 102 of the Job Training
Reform Amendments of 1992, P.L. 102-367, shall adhere to the criteria in
this section in order to more effectively enhance the state's job
training efforts.

2. The division, with the advice and counsel of the Missouri training and
employment council, shall develop a private industry council manual to
provide a standardized, written introduction for new PIC members which
explains the fundamental parts of the Job Training Partnership Act, the
role of the private industry councils in fulfilling their statutory
obligations, and to serve as a skill-building instrument in which PIC
members can assume an effective leadership role.

3. Once a year, the division, in conjunction with the Missouri training
and employment council, shall conduct a centralized PIC member
orientation session. The session, open to all current PIC members, will
provide training in the basic programs funded through the Job Training
Partnership Act, the structure of the service delivery system, and
training in federal and state work force development initiatives.

4. In accordance with section 101 of the Job Training Partnership Act, as
amended, the Missouri training and employment council may make
recommendations to the governor for the redesignation of service delivery
areas.

5. Pursuant to section 302(c) of the federal Job Training Partnership
Act, special state rapid response programs or worker adjustment services
will be initiated by the division. Such activities may be conducted by
state and local program operators and reviewed regularly by the division
for performance and funding consideration.

6. A quorum of the full membership of each private industry council shall
officially meet at least once every three months. A quorum shall not be
deemed to be present unless at least fifty percent of the private sector
appointees are in attendance.

7. Pursuant to section 302(c)(2) of the federal Job Training Partnership
Act, ten percent discretionary funds may be retained by the division
until at least six months into each program year. Such funds shall then
be allocated to service delivery areas that have experienced recent
layoffs.

8. Each private industry council shall immediately inform the division of
job development and training whenever any vacancy occurs on the PIC or
when the term of a member has expired. Positions on private industry
councils whose members' terms have expired and who are not replaced
within ninety days shall be considered as vacant.

9. The division of job development and training is authorized to
establish a minimum expenditure requirement for funds allocated to the
service delivery areas under the Job Training Partnership Act.
Adjustments to service delivery area allocations may be made on
subsequent program year funding when underexpenditure occurs. This
expenditure requirement shall be in addition to the federal requirement
that in each program year eighty-five percent of federal Job Training
Partnership Act funds are obligated by each service delivery area. (L.
1994 H.B. 1248 & 1048 § 15)

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 service delivery areas established in the state to
administer federal funds pursuant to the federal Job Training Partnership
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,
RSMo. (L. 1996 H.B. 1237 § 23)

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, RSMo, but shall
remain in the Missouri small business incubators fund.

11. For any taxable year beginning after December 31, 1989, a taxpayer
shall be entitled to a tax credit against any tax otherwise due under the
provisions of chapter 143, RSMo, or chapter 147, RSMo, or chapter 148,
RSMo, excluding withholding tax imposed by sections 143.191 to 143.265,
RSMo, 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,
RSMo, or chapter 147, RSMo, or chapter 148, RSMo, 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, RSMo, or chapter 147, RSMo, or chapter 148, RSMo, excluding
withholding tax imposed by sections 143.191 to 143.265, RSMo. 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)

CROSS REFERENCE: Tax Credit Accountability Act of 2004, additional
requirements, RSMo 135.800 to 135.830

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, RSMo, 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)

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)

Sections 620.521 to 620.530 shall be known and may be cited as
the "Missouri Training and Employment Council Act". (L. 1991 H.B. 294 &
405 § 2)

1. There is hereby established the "Missouri Training and
Employment Council".

2. The Missouri training and employment council shall study and make
recommendations regarding the improvement of the state's job training
service delivery network. Such recommendations will consider improved
federal and state resource use and expanded coordination of state job
training and employment activities with other related activities. Using
the results of interdepartmental collaboration at early stages of policy
formation, the council shall propose a statewide training and employment
policy and a periodically updated plan of services for achieving
Missouri's objective of full employment. The council shall serve as a
forum for public and private sector representation to encourage
cooperative uses of training and employment funding, facilities and staff
resources for a more comprehensive and coordinated statewide system.

3. The Missouri training and employment council shall consist of thirty
members appointed by the governor with the advice and consent of the
senate. The governor shall designate one nongovernmental member to be
chairman. The council shall be composed as follows:

(1) Thirty percent of the membership shall be representatives of
business, industry and agriculture, including individuals who are
representatives of business, industry, and agriculture on private
industry councils, job service employer committees or local education
advisory committees within the state;

(2) Thirty percent of the membership shall be:

(a) Members of the general assembly and state agencies and organizations.
One representative each from the department of economic development, the
department of elementary and secondary education, the department of labor
and industrial relations and the department of social services shall be
appointed;

(b) Representatives of the units or consortia of units of general local
government which shall be nominated by the chief elected officials of the
units or consortia of units of local government and the representatives
of local educational agencies who shall be nominated by local educational
agencies. One community college president or chancellor, one
representative of the state council on vocational education and one
director of an area vocational school shall be appointed to the council.
To the extent feasible, such appointees shall have knowledge of or
experience with economic development, job training, education or related
areas;

(3) Thirty percent of the membership shall be representatives of
organized labor and representatives of community-based organizations in
the state;

(4) Ten percent of the membership shall be representatives of the general
public.

The composition and the roles and responsibilities of the Missouri
training and employment council membership may be amended to comply with
any succeeding federal or state legislative or regulatory requirements
governing training and employment programs, except that the procedure for
such change shall be outlined in state rules and regulations and adopted
in the bylaws of the council.

4. Each member of the council shall serve for a term of four years and
until a successor is duly appointed; except that, of the members first
appointed, six members shall serve for a term of four years, eight
members shall serve for a term of three years, eight members shall serve
for a term of two years and eight members shall serve for a term of one
year. Each member shall continue to serve until a successor is duly
appointed. The council shall meet at least four times each year at the
call of the chairman.

5. The members of the council shall receive no compensation, but shall be
reimbursed for all necessary expenses actually incurred in the
performance of their official duties. (L. 1991 H.B. 294 & 405 § 3, A.L.
1994 H.B. 1248 & 1048)

1. The Missouri training and employment council shall:

(1) Review studies of occupational trends, employment supply and demand,
industry growth, job training program participation, labor force literacy
and early warning signals that industries are beginning to decline or are
in danger of closing;

(2) Report to the governor and to the general assembly regarding
statewide training and employment policies which have been developed in
concert with interagency assistance from the department of economic
development, the department of elementary and secondary education, the
department of labor and industrial relations, the department of social
services and other agencies delivering training and employment services;

(3) Prepare and submit to appropriate state and local agencies a
statewide plan for full-employment services including such activities as
labor exchange, job training or retraining, job development, job
placement services and labor force literacy;

(4) Work through various state agencies delivering training and
employment services to review interagency coordination and program
effectiveness;

(5) Review and report to the governor innovative proposals for training
and employment programs; and

(6) Encourage the participation of government, business and industry, and
unions or other labor organizations, for providing assistance to
dislocated workers, in communities where plant closures occur.

2. The roles, responsibilities and duties of the Missouri job training
coordinating council established by Missouri executive order 88-8 are
hereby assigned to the Missouri training and employment council. The
Missouri training and employment council shall perform all council
functions required by the federal Job Training Partnership Act, as
amended, as well as the expanded requirements defined by sections 620.521
to 620.530. (L. 1991 H.B. 294 & 405 § 4)

No later than September 1, 1992, the Missouri training and
employment council shall submit to the governor and to the general
assembly a proposed statewide training and employment policy. This policy
shall address public and private participation toward achieving
Missouri's objective of full employment. The policy shall also address
methods to improve federal and state resource use in the providing of job
training services and coordination of training and employment activities
with other related activities. (L. 1991 H.B. 294 & 405 § 5)

1. The Missouri training and employment council shall prepare
and recommend a statewide training and employment plan for consideration
by appropriate state and local agencies by 1993. The plan shall be
reviewed annually and updated periodically and shall propose
implementation timetables, measurable objectives and specific courses of
action. The plan shall describe possible cooperative uses of training and
employment funding, facilities and staff resources whenever feasible and
shall focus on the development of a more coordinated training and
employment delivery system.

2. The plan shall include provisions to accomplish the following
objectives by the administering agencies:

(1) Provide a streamlined intake and assessment process for persons
seeking training and employment assistance;

(2) Target appropriate skill areas for training so that persons are
trained for positions expected to exist in the labor market;

(3) Allow workers with obsolete or inadequate skills to have their skills
upgraded while retaining employment;

(4) Retrain workers displaced by high technology industry and plant
closings to reenter the Missouri workforce;

(5) Involve business and industry in the planning, operation and
evaluation of training programs;

(6) Encourage and assist local educational agencies, vocational technical
schools and post-secondary institutions to coordinate their curricula and
course selections with the changing needs of business and industry;

(7) Develop programs to improve the use of apprenticeship as a method of
instruction in Missouri.

3. The objectives listed in subsection 2 of this section shall be the
foundation for interagency efforts to coordinate services and offer
programs which maximize resources to meet Missouri's workforce needs
while recognizing various agency roles and responsibilities. (L. 1991
H.B. 294 & 405 § 6)

1. The division of job development and training shall provide
professional, technical and clerical staff support and resources to the
Missouri training and employment council; administer training programs
authorized under the federal Job Training Partnership Act; administer
programs authorized under sections 620.470 to 620.481; and administer
such other federal or state job development and training programs as are
assigned to the division.

2. The division shall promulgate rules and regulations necessary to carry
out its responsibility to the Missouri training and employment council
and to develop the plans and policies adopted by the council. No rule or
portion of a rule promulgated under the authority of sections 620.470 to
620.570 shall become effective unless it has been promulgated pursuant to
the provisions of section 536.024, RSMo. (L. 1991 H.B. 294 & 405 § 7,
A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

1. The department of economic development shall commission a new
targeted industries study to identify those general areas of the Missouri
economy where growth and increased employment is likely to occur in the
next decade, and to ascertain necessary, associated work force skills and
requirements. The completed study shall be distributed to all Missouri
state agencies which provide job training services in order to promote
collaboration in the development of employment projections and in the
delivery of training services, and to any local economic development
agency requesting a copy of such study.

2. The Missouri training and employment council, in conjunction with the
state's private industry councils, the state's community colleges, the
state's area vocational technical schools, community action agencies, as
defined in section 660.370, RSMo, the department of economic development,
the department of elementary and secondary education, the department of
labor and industrial relations, the department of social services, and
the Missouri state council on vocational education shall initiate a study
regarding the value of a clustered or regional focus on job training,
including the establishment of customized, technical training centers and
utilization of portable equipment. Emphasis will be placed on the
determination of broad occupational training needs. (L. 1994 H.B. 1248 &
1048)

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)

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)

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 job development and training within the
department of economic development;

(3) "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;

(4) "Private industry council", the private industry councils established
pursuant to the Job Training Partnership Act, Public Law 97-300, 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 job training and development;

(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
Job Training Partnership Act and any subsequent amendments; and
community-based organizations. (L. 1990 H.B. 1653 § 15)

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 Job
Training Partnership 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 conservations
corps. Participants shall be unemployed at the time of their enrollment.
(L. 1990 H.B. 1653 § 16)

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 job development and training in
its review of a project application, to allow them to attend classes or
gain instruction. The division of job development and training 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)

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 job development and training, 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 job development and training 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)

*Word "remediate" appears in original rolls.

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)

1. The division of job development and training 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,
RSMo.

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 Job
Training Partnership 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 private industry council
chairman and the designated chief local elected official of the service
delivery 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)

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, RSMo, 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, RSMo.

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.)

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, RSMo,
designed to implement any such incentive programs.

3. The department of economic development and the department of labor and
industrial relations 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 employment security within the department of labor and
industrial relations 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)

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 Job
Training Partnership 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)

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)

1. There is established a permanent joint committee of the
general assembly to be known as the "Joint Committee on Economic
Development Policy and Planning" to be composed of five members of the
senate, appointed by the president pro tem of the senate, and five
members of the house, appointed by the speaker of the house. No more than
three members of the senate and three members of the house shall be from
the same political party. The appointment of members shall continue
during their terms of office as members of the general assembly or until
successors have been duly appointed to fill their places when their terms
of office as members of the general assembly have expired. Members of the
joint committee shall receive no compensation in addition to their salary
as members of the general assembly, but may receive their necessary
expenses for attending the meetings of the committee, to be paid out of
the committee's appropriations or the joint contingent fund.

2. The joint committee on economic development policy and planning shall
meet within ten days after its establishment and organize by selecting a
chairman and a vice chairman, one of whom shall be a member of the senate
and the other a member of the house of representatives. These positions
shall rotate annually between a member of the senate and a member of the
house of representatives. The committee shall regularly meet at least
quarterly. A majority of the members of the committee shall constitute a
quorum. The committee may, within the limits of its appropriations,
employ such persons as it deems necessary to carry out its duties. The
compensation of such personnel shall be paid from the committee's
appropriations or the joint contingent fund.

3. The joint committee on economic development policy and planning shall,
at its regular meetings, confer with representatives from the governor's
office, the department of economic development, the University of
Missouri extension service, and other interested parties from the private
and public sectors. The joint committee shall review the annual report
produced by the department of economic development, as required by
section 620.607, and plan, develop and evaluate a long-term economic
development policy for the state of Missouri to ensure the state's
competitive status with other states.

4. The provisions of this section shall expire on July 1, 2010. (L. 1990
H.B. 1564 § 2, A.L. 1993 H.B. 566, A.L. 1999 H.B. 701)

Expires 7-1-10

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 7-8-99

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

(1) "Board", the Missouri seed capital investment board, as established
pursuant to section 620.641;

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

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

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

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

(6) "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;

(7) "Person", any individual, corporation, partnership, limited liability
company or other entity;

(8) "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;

(9) "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;

(10) "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 board to enter into such contracts;

(11) "Qualified economic development organization", any corporation
organized pursuant to the provisions of chapter 355, RSMo, 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;

(12) "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 board or the corporation;

(13) "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;

(14) "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;

(15) "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;

(16) "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 board, that is not invested as a
qualified investment within ten years of its receipt. (L. 1999 S.B. 518 §
2)

Effective 7-8-99

There is hereby established the "Missouri Seed Capital
Investment Board", to be composed of thirteen persons. One person shall
be the director, or the director's designee, and each qualified economic
development organization, not to exceed four, shall respectively be
represented by one member appointed by each organization. Eight members
shall be appointed by the governor with the advice and consent of the
senate. Of these, one shall represent a major public research university
located within the state, one shall represent a major private research
university located within the state and the remaining six members shall
have backgrounds in technology, banking, labor or small business
development. The eight members appointed by the governor shall serve
terms of three years; except that, of those first appointed, three shall
serve for terms of three years, three for terms of two years and two for
terms of one year. The members of the board shall annually elect one of
its members who has been appointed by the governor as chairman of the
board. At any meeting of the board, seven members must be present to
constitute a quorum. The department shall provide support services
necessary to carry out the duties of the board. (L. 1999 S.B. 518 § 3)

Effective 7-8-99

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 board 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 board or 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, RSMo.

5. The Missouri seed capital investment board 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)

Effective 7-8-99

1. The board or 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
board 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 board 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 board. (L. 1999 S.B.
518 § 5)

Effective 7-8-99

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, RSMo, chapter 147, RSMo, or chapter 148, RSMo, other than
taxes withheld pursuant to sections 143.191 to 143.265, RSMo, 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 board. 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)

Effective 7-8-99

CROSS REFERENCE: Tax Credit Accountability Act of 2004, additional
requirements, RSMo 135.800 to 135.830

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. The corporation shall approve the
professional fund manager employed by the qualified fund established by
this section. (L. 1999 S.B. 518 § 7)

Effective 7-8-99

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. (L.
1983 H.B. 399 § 24, Repealed L. 1995 H.B. 574 § A, A.L. 1995 S.B. 3)

*Transferred 1986; formerly 680.410

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)

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,
RSMo, 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)

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.

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)

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)

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)

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 last decennial census 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, RSMo, 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, RSMo, 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)

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)

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)

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)

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)

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, RSMo, 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.

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, RSMo, to implement and administer the provisions of this
section. (L. 1993 H.B. 566 § 9, A.L. 1995 S.B. 3)

1. As used in this section, the term "taxpayer" means an
individual, a partnership, or a corporation as described in section
143.441 or 143.471, RSMo, or section 148.370, RSMo, 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, RSMo, or chapter 148, RSMo, other than the taxes withheld pursuant
to sections 143.191 to 143.265, RSMo, 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, RSMo, or chapter 148, RSMo, 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, RSMo. 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, RSMo. The provisions of
this section and chapter 536, RSMo, are nonseverable and if any of the
powers vested with the general assembly pursuant to chapter 536, RSMo,
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)

CROSS REFERENCE: Tax Credit Accountability Act of 2004, additional
requirements, RSMo 135.800 to 135.830

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)

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.

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)

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)

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, RSMo,
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)

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)

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)

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 economic development 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)

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)

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

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, RSMo,
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

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, RSMo. 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, RSMo. The provisions of
this section and chapter 536, RSMo, are nonseverable and if any of the
powers vested with the general assembly pursuant to chapter 536, RSMo,
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

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)

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, RSMo, 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, RSMo, 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, RSMo, 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, RSMo. 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, RSMo, 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 division of data processing and
telecommunications 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)

CROSS REFERENCES: Tax Credit Accountability Act of 2004, additional
requirements, RSMo 135.800 to 135.830 Tax credit for programs within
youth opportunity program, RSMo 135.460

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, RSMo, 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, RSMo, 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,
RSMo, 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, RSMo 135.460

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 nine members as follows:

(1) Two members shall be a state senator appointed in a bipartisan manner
by the president pro tem of the senate;

(2) Two members shall be a state representative appointed in a bipartisan
manner by the speaker of the house; and

(3) Five members, who have knowledge and experience with the motion
picture industry, shall be appointed by the director of the department of
economic development.

3. The members of the board 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. Any legislative member shall serve only as long as such
person holds such legislative office. The legislative members shall serve
during their current term of office but may be reappointed.

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)

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)

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)

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)

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, RSMo. (L. 1996 H.B. 1237 § 6)

A cost benefit analysis shall be prepared to evaluate the
effectiveness of all tax credit programs, as defined by section 135.800,
RSMo, 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)

1. There is hereby created within the department of economic
development the "Task Force on Trade and Investment". The primary duty of
the task force is to establish international trade and investment
opportunities for Missouri businesses, with a special emphasis on
establishing trade and investment opportunities with African countries
having a democratic form of government. As part of its duties, the task
force shall develop a comprehensive plan of action with strategies for
increasing the availability of import and export opportunities for
Missouri businesses.

2. The task force created in this section shall be comprised of fifteen
members, appointed in the following manner:

(1) Four members of the Missouri house of representatives, two from each
political party, shall be appointed by the speaker of the house of
representatives;

(2) Four members of the Missouri senate, two from each political party,
shall be appointed by the president pro tem of the senate; and

(3) Seven members shall be appointed by the governor, selected from a
panel of names submitted by the director of the department of economic
development, which panel shall include the names of individuals
representing business, labor, education, agriculture, economics, law and
government.

3. The task force shall meet at least quarterly, and shall submit its
recommendations and plan of action for establishing opportunities for
trade and investment to the governor, to the general assembly and to the
director of the department of economic development each year by July
first, beginning in 1998.

4. Members of the task force shall receive no additional compensation but
shall be eligible for reimbursement for expenses directly related to the
performance of task force duties.

5. The provisions of this section shall expire December 31, 2001. (L.
1997 2d Ex. Sess. S.B. 1 § 12)

Effective 12-23-97

Expires 12-31-01

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, RSMo, 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, RSMo, or pursuant
to section 32.200, RSMo, 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. (L. 1997 2d Ex. Sess. S.B. 1 § 620.1350 subsecs 1, 2)

Effective 1-1-98

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,
RSMo. 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,
RSMo. 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,
RSMo. 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, RSMo,
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, RSMo.
(L. 1997 2d Ex. Sess. S.B. 1 § 620.1350 subsec. 3, A.L. 2002 S.B. 959)

Effective 6-27-02

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, RSMo.
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, RSMo. The provisions of
this section and sections 620.1350 and 620.1355 and chapter 536, RSMo,
are nonseverable and if any of the powers vested with the general
assembly pursuant to chapter 536, RSMo, 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 1-1-98

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 office of
technology;

(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)

Sections 620.1875 to 620.1890 shall be known and may be cited
as the "Missouri Quality Jobs Act". (L. 2005 S.B. 343)

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

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

(2) "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 proposal;

(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. The department shall publish the county
average wage for each county at least annually;

(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;

(7) "Full-time equivalent employees", employees of the qualified company
converted to reflect an equivalent of the number of full-time, year-round
employees. The method for converting part-time and seasonal employees
into an equivalent number of full-time, year-round employees shall be
published in a rule promulgated by the department as authorized in
section 620.1884;

(8) "Full-time, year-round employee", an employee of the company that
works 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 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, year-round employees located at
the project facility that exceeds the project facility base employment
less any decrease in the number of full-time equivalent employees at
related facilities below the related facility base employment;

(15) "New payroll", the amount of wages paid by a qualified company to
employees in new jobs;

(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 one mile of each
other such that their purpose and operations are interrelated;

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

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

(22) "Proposal", a document submitted by the department to the qualified
company that states the benefits that may be provided by this program.
The effective date of such proposal cannot be prior to the commencement
of operations. The proposal shall not offer benefits regarding any jobs
created prior to its effective date unless the proposal is for a job
retention project;

(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. 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) Utilities regulated by the Missouri public service commission;

(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; or

(f) Any company that has filed for or has publicly announced its
intention to file for bankruptcy protection;

(24) "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;

(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;

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

(27) "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;

(28) "Small and expanding business project", a qualified company that
within two years of the date of the proposal 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;

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

(30) "Technology business project", a qualified company that within two
years of the date of the proposal creates a minimum of ten new jobs with
at least seventy-five percent of the new jobs directly involved in the
operations of a technology company as determined by a regulation
promulgated by the department under the provisions of section 620.1884
and classified by NAICS codes;

(31) "Withholding tax", the state tax imposed by sections 143.191 to
143.265, RSMo. (L. 2005 S.B. 343)

1. The department of economic development shall respond within
thirty days to a company who provides a notice of intent with either a
proposal or a rejection of the notice of intent. Failure to respond on
behalf of the department of economic development shall result in the
notice of intent being deemed a proposal for the purposes of this
section. A qualified company who is provided a proposal 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 proposal 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 proposal.

2. Notwithstanding any provision of law to the contrary, any qualified
company that is awarded benefits under this program may not also 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,
RSMo, for the same new jobs at the 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 new jobs training program under sections 178.892
to 178.896, RSMo, the job retention program under sections 178.760 to
178.764, RSMo, the real property tax increment allocation redevelopment
act, sections 99.800 to 99.865, RSMo, or the Missouri downtown and rural
economic stimulus act under sections 99.915 to 99.980, RSMo. If any
qualified company also participates in the new jobs training program in
sections 178.892 to 178.896, RSMo, 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.

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
stimulus that will be generated by the new jobs created by the program, a
qualified company may retain an amount equal to the withholding tax 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,
RSMo, 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 stimulus 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, RSMo, 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.
The calendar year annual maximum amount of tax credits that may be issued
to any qualified company for a project or combination of projects is five
hundred thousand dollars;

(3) High impact projects: in exchange for the consideration provided by
the new tax revenues and other economic stimulus 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, RSMo, 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. 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. The calendar
year annual maximum amount of tax credits that may be issued to any
qualified company for a project or combination of projects is seven
hundred fifty thousand dollars. The calendar year annual maximum amount
of tax credit that may be issued to any qualified company for a project
or combination of projects 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 project;

(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, year-round 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, year-round 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, year-round 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, 2007.

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, year-round employees.

5. The maximum calendar year annual tax credits issued for the entire
program shall not exceed twelve million dollars. Notwithstanding any
provision of law to the contrary, the maximum annual tax credits
authorized under section 135.535, RSMo, 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 proposal, 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 proposal 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 proposal 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, RSMo, 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.

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. 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.

11. An employee of a qualified company will receive full credit for the
amount of tax withheld as provided in section 143.221, RSMo.

12. 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)

*Word "is" appears in original rolls.

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, RSMo, 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, RSMo, and, if applicable, section 536.028, RSMo. This section and
chapter 536, RSMo, are nonseverable and if any of the powers vested with
the general assembly pursuant to chapter 536, RSMo, 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)

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)

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)

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. 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, RSMo, or section 208.770, RSMo, or under sections 32.100 to
32.125, RSMo, if issued for community services, crime prevention,
education, job training, or physical revitalization.

2. 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.

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, RSMo. Upon appropriation, money in the fund shall be
used solely for the administration of this section. Notwithstanding the
provisions of section 33.080, RSMo, 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)

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