SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 617
91ST GENERAL ASSEMBLY
TERRY L. SPIELER, Secretary.
2187S.02C
AN ACT
To repeal section 135.200 as enacted by conference committee substitute for senate substitute for senate committee substitute for house substitute for house committee substitute for house bill no. 701, ninetieth general assembly, first regular session, section 135.200 as enacted by conference committee substitute for house committee substitute for senate bill no. 1, eighty-ninth general assembly, second extraordinary session and section 135.200 as enacted by senate substitute for senate committee substitute for house substitute for house committee substitute for house bill no. 1656, eighty-ninth general assembly, second regular session, relating to enterprise zones, and to enact in lieu thereof one new section relating to the same subject.
Section A. Section 135.200 as enacted by conference committee substitute for senate substitute for senate committee substitute for house substitute for house committee substitute for house bill no. 701, ninetieth general assembly, first regular session, section 135.200 as enacted by conference committee substitute for house committee substitute for senate bill no. 1, eighty-ninth general assembly, second extraordinary session and section 135.200 as enacted by senate substitute for senate committee substitute for house substitute for house committee substitute for house bill no. 1656, eighty-ninth general assembly, second regular session, are repealed and one new section enacted in lieu thereof, to be known as section 135.200, to read as follows:
[135.200. The following terms, whenever used in sections 135.200 to 135.256, mean:
(1) "Department", the department of economic development;
(2) "Director", the director of the department of economic development;
(3) "Facility", any building used as a revenue-producing enterprise located within an enterprise zone, including the land on which the facility is located and all machinery, equipment and other real and depreciable tangible personal property acquired for use at and located at or within such facility and used in connection with the operation of such facility;
(4) "Governing authority", the body holding primary legislative authority over a county or incorporated municipality;
(5) "New business facility" shall have the meaning defined in section 135.100, except that the term "lease" as used therein shall not include the leasing of property defined in paragraph (d) of subdivision (6) of this section;
(6) "Revenue-producing enterprise", means:
(a) Manufacturing activities classified as SICs 20 through 39;
(b) Agricultural activities classified as SIC 025;
(c) Rail transportation terminal activities classified as SIC 4013;
(d) Renting or leasing of residential property to low- and moderate- income persons as defined in federal law, 42 U.S.C. 5302(a)(20);
(e) Motor freight transportation terminal activities classified as SIC 4231;
(f) Public warehousing and storage activities classified as SICs 422 and 423 except SIC 4221, miniwarehouse warehousing and warehousing self-storage;
(g) Water transportation terminal activities classified as SIC 4491;
(h) Airports, flying fields, and airport terminal services classified as SIC 4581;
(i) Wholesale trade activities classified as SICs 50 and 51;
(j) Insurance carriers activities classified as SICs 631, 632 and 633;
(k) Research and development activities classified as SIC 873, except 8733;
(l) Farm implement dealer activities classified as SIC 5999;
(m) Employment agency activities classified as SIC 7361;
(n) Computer programming, data processing and other computer-related activities classified as SIC 737;
(o) Health service activities classified as SICs 801, 802, 803, 804, 806, 807, 8092 and 8093;
(p) Interexchange telecommunications as defined in subdivision (20) of section 386.020, RSMo, or training activities conducted by an interexchange telecommunications company as defined in subdivision (19) of section 386.020, RSMo;
(q) Recycling activities classified as SIC 5093;
(r) Banking activities classified as SICs 602 and 603;
(s) Office activities as defined in subdivision (8) of section 135.100, notwithstanding SIC classification;
(t) Mining activities classified as SICs 10 through 14;
(u) The administrative management of any of the foregoing activities; or
(v) Any combination of any of the foregoing activities;
(7) "Satellite zone", a noncontiguous addition to an existing state designated enterprise zone;
(8) "SIC", the standard industrial classification as such classifications are defined in the 1987 edition of the Standard Industrial Classification Manual as prepared by the Executive Office of the President, Office of Management and Budget.][135.200. The following terms, whenever used in sections 135.200 to 135.256, mean:
(1) "Department", the department of economic development;
(2) "Director", the director of the department of economic development;
(3) "Facility", any building used as a revenue-producing enterprise located within an enterprise zone, including the land on which the facility is located and all machinery, equipment and other real and depreciable tangible personal property acquired for use at and located at or within such facility and used in connection with the operation of such facility;
(4) "Governing authority", the body holding primary legislative authority over a county or incorporated municipality;
(5) "New business facility" shall have the meaning defined in section 135.100, except that the term "lease" as used therein shall not include the leasing of property defined in paragraph (d) of subdivision (6) of this section;
(6) "Revenue-producing enterprise", means:
(a) Manufacturing activities classified as SICs 20 through 39;
(b) Agricultural activities classified as SIC 025;
(c) Rail transportation terminal activities classified as SIC 4013;
(d) Renting or leasing of residential property to low and moderate income persons as defined in federal law, 42 U.S.C. 5302(a)(20);
(e) Motor freight transportation terminal activities classified as SIC 4231;
(f) Public warehousing and storage activities classified as SICs 422 and 423 except SIC 4221, miniwarehouse warehousing and warehousing self-storage;
(g) Water transportation terminal activities classified as SIC 4491;
(h) Wholesale trade activities classified as SICs 50 and 51;
(i) Insurance carriers activities classified as SICs 631, 632 and 633;
(j) Research and development activities classified as SIC 873, except 8733;
(k) Farm implement dealer activities classified as SIC 5999;
(l) Employment agency activities classified as SIC 7361;
(m) Computer programming, data processing and other computer-related activities classified as SIC 737;
(n) Health service activities classified as SICs 801, 802, 803, 804, 806, 807, 8092 and 8093;
(o) Interexchange telecommunications as defined in subdivision (20) of section 386.020, RSMo, or training activities conducted by an interexchange telecommunications company as defined in subdivision (19) of section 386.020, RSMo;
(p) Recycling activities classified as SIC 5093;
(q) Banking activities classified as SICs 602 and 603;
(r) Office activities as defined in subdivision (8) of section 135.100, notwithstanding SIC classification;
(s) Mining activities classified as SICs 10 through 14;
(t) The administrative management of any of the foregoing activities; or
(u) Any combination of any of the foregoing activities;
(7) "Satellite zone", a noncontiguous addition to an existing state designated enterprise zone;
(8) "SIC", the primary standard industrial classification as such classifications are defined in the 1987 edition of the Standard Industrial Classification Manual as prepared by the Executive Office of the President, Office of Management and Budget. For the purpose of this subdivision, "primary" means at least fifty percent of the activities so classified are performed at the new business facility during the taxpayer's tax period in which such tax credits are being claimed.]
135.200. The following terms, whenever used in sections 135.200 to [135.256] 135.257, mean:
(1) "Department", the department of economic development;
(2) "Director", the director of the department of economic development;
(3) "Facility", any building used as a revenue-producing enterprise located within an enterprise zone, including the land on which the facility is located and all machinery, equipment and other real and depreciable tangible personal property acquired for use at and located at or within such facility and used in connection with the operation of such facility;
(4) "Governing authority", the body holding primary legislative authority over a county or incorporated municipality;
(5) "New business facility" shall have the meaning defined in section 135.100, except that the term "lease" as used therein shall not include the leasing of property defined in paragraph (d) of subdivision (6) of this section;
(6) "Revenue-producing enterprise" means:
(a) Manufacturing activities classified as SICs 20 through 39;
(b) Agricultural activities classified as SIC 025;
(c) Rail transportation terminal activities classified as SIC 4013;
(d) Renting or leasing of residential property to low and moderate income persons as defined in federal law, 42 U.S.C. 5302(a)(20);
(e) Motor freight transportation terminal activities classified as SIC 4231;
(f) Public warehousing and storage activities classified as SICs 422 and 423 except SIC 4221, miniwarehouse warehousing and warehousing self-storage;
(g) Water transportation terminal activities classified as SIC 4491;
(h) Wholesale trade activities classified as SICs 50 and 51;
(i) Insurance carriers activities classified as SICs 631, 632 and 633;
(j) Research and development activities classified as SIC 873, except 8733;
(k) Farm implement dealer activities classified as SIC 5999;
(l) Employment agency activities classified as SIC 7361;
(m) Computer programming, data processing and other computer-related activities classified as SIC 737;
(n) Health service activities classified as SICs 801, 802, 803, 804, 806, 807, 8092 and 8093;
(o) Interexchange telecommunications as defined in subdivision [(20)] (24) of section 386.020, RSMo, or training activities conducted by an interexchange telecommunications company as defined in subdivision [(19)] (23) of section 386.020, RSMo;
(p) Recycling activities classified as SIC 5093;
(q) Banking activities classified as SICs 602 and 603;
(r) Office activities as defined in subdivision (8) of section 135.100, notwithstanding SIC classification;
(s) Mining activities classified as SICs 10 through 14;
(t) Photofinishing laboratory activities classified in SIC 7384 and microfilm recording and developing services as contained in SIC classification 7389, provided that each such revenue-producing enterprise employs a minimum of one hundred employees at a single business facility;
(u) Hotel and motel activities located within a federally designated champion community which is located in a city of the fourth classification with a population of more than four thousand located in a county of the third classification without a township form of government and with a population of more than thirteen thousand and less than thirteen thousand eight hundred and classified as SIC 7011 or NAICS 72111. Notwithstanding any other provisions of the law to the contrary, hotel and motel activities as defined in this subdivision shall not be eligible for state enterprise zone tax credits. This does not, however, exclude them from local tax credits within the enterprise zone;
(v) The administrative management of any of the foregoing activities; or
[(v)] (w) Any combination of any of the foregoing activities;
A revenue-producing enterprise which is identified by a SIC classification number includes enterprises with the corresponding classification number in the 1997 edition of the North American Industry Classification System as prepared by the Executive Office of the President of the United States, Office of Management and Budget;
(7) "Satellite zone", a noncontiguous addition to an existing state designated enterprise zone;
(8) "SIC", the standard industrial classification as such classifications are defined in the 1987 edition of the Standard Industrial Classification Manual as prepared by the Executive Office of the President, Office of Management and Budget.