FIRST REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
SENATE COMMITTEE SUBSTITUTE FOR
91ST GENERAL ASSEMBLY
Reported from the Committee on Commerce and Economic Development, April 12, 2001, with recommendation that the House Committee Substitute for Senate Committee Substitute for Senate Bill No. 617 Do Pass.
TED WEDEL, Chief Clerk
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, and section 135.230, RSMo 2000, relating to enterprise zones, and to enact in lieu thereof two new sections relating to the same subject.
Be it enacted by the General Assembly of the state of Missouri, as follows:
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for house bill no. 1656, eighty-ninth general assembly, second regular session, and section 135.230, RSMo 2000, are repealed and two new sections enacted in lieu thereof, to be known as sections 135.200 and 135.230, to read as follows: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 law to the contrary, hotel and motel activities as defined in this subdivision shall not be eligible for state enterprise zone tax credits but shall be eligible for the real property improvements exemption provided in subsection 1 of section 135.215, regardless of the number of new jobs created and maintained;
(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.
135.230. 1. The exemption or credit established and allowed by section 135.220 and the credits allowed and established by subdivisions (1), (2), (3) and (4) of subsection 1 of section 135.225 shall be granted with respect to any new business facility located within an enterprise zone for a vested period not to exceed ten years following the date upon which the new business facility commences operation within the enterprise zone and such exemption shall be calculated, for each succeeding year of eligibility, in accordance with the formulas applied in the initial year in which the new business facility is certified as such, subject, however, to the limitation that all such credits allowed in sections 135.225 and 135.235 and the exemption allowed in section 135.220 shall be removed not later than fifteen years after the enterprise zone is designated as such. No credits shall be allowed pursuant to subdivision (1), (2), (3) or (4) of subsection 1 of section 135.225 or section 135.235 and no exemption shall be allowed pursuant to section 135.220 unless the number of new business facility employees engaged or maintained in employment at the new business facility for the taxable year for which the credit is claimed equals or exceeds two or the new business facility is a revenue-producing enterprise as defined in paragraph (d) of subdivision (6) of section 135.200. In order to qualify for either the exemption pursuant to section 135.220 or the credit pursuant to subdivision (4) of subsection 1 of section 135.225, or both, it shall be required that at least thirty percent of new business facility employees, as determined by subsection 4 of section 135.110, meet the criteria established in section 135.240 or are residents of an enterprise zone or some combination thereof, except taxpayers who establish a new business facility by operating a revenue-producing enterprise as defined in paragraph (d) of subdivision (6) of section 135.200 or any taxpayer that is an insurance company that established a new business facility satisfying the requirements of subdivision (8) of section 135.100 located within an enterprise zone after June 30, 1993, and before December 31, 1994, and that employs in excess of three hundred fifty new business facility employees at such facility each tax period for which the credits allowable pursuant to subdivisions (1) to (4) of subsection 1 of section 135.225 are claimed shall not be required to meet such requirement. A new business facility described as SIC 3751 shall be required to employ fifteen percent of such employees instead of the required thirty percent. For the purpose of satisfying the thirty-percent requirement, residents must have lived in the enterprise zone for a period of at least one full calendar month and must have been employed at the new business facility for at least one full calendar month, and persons qualifying because they meet the requirements of section 135.240 must have satisfied such requirement at the time they were employed by the new business facility and must have been employed at the new business facility for at least one full calendar month. The director may temporarily reduce or waive this requirement for any business in an enterprise zone with ten or less full-time employees, and for businesses with eleven to twenty full-time employees this requirement may be temporarily reduced. No reduction or waiver may be granted for more than one tax period and shall not be renewable. The exemptions allowed in sections 135.215 and 135.220 and the credits allowed in sections 135.225 and 135.235 and the refund established and authorized in section 135.245 shall not be allowed to any "public utility", as such term is defined in section 386.020, RSMo. For the purposes of achieving the fifteen-percent employment requirement set forth in this subsection, a new business facility described as SIC 3751 may count employees who were residents of the enterprise zone at the time they were employed by the new business facility and for at least ninety days thereafter, regardless of whether such employees continue to reside in the enterprise zone, so long as the employees remain employed by the new business facility and residents of the state of Missouri.
2. Notwithstanding the provisions of subsection 1 of this section, motor carriers, barge lines or railroads engaged in transporting property for hire or any interexchange telecommunications company that establish a new business facility shall be eligible to qualify for the exemptions allowed in sections 135.215 and 135.220, and the credits allowed in sections 135.225 and 135.235 and the refund established and authorized in section 135.245, except that trucks, truck-trailers, truck semitrailers, rail or barge vehicles or other rolling stock for hire, track, switches, bridges, barges, tunnels, rail yards and spurs shall not constitute new business facility investment nor shall truck drivers or rail or barge vehicle operators constitute new business facility employees.
3. Notwithstanding any other provision of sections 135.200 to 135.256 to the contrary, motor carriers establishing a new business facility on or after January 1, 1993, but before January 1, 1995, may qualify for the tax credits available pursuant to sections 135.225 and 135.235 and the exemption provided in section 135.220, even if such new business facility has not satisfied the employee criteria, provided that such taxpayer employs an average of at least two hundred persons at such facility, exclusive of truck drivers and provided that such taxpayer maintains an average investment of at least ten million dollars at such facility, exclusive of rolling stock, during the tax period for which such credits and exemption are being claimed.
4. Any governing authority having jurisdiction of an area that has been designated an enterprise zone may petition the department to expand the boundaries of such existing enterprise zone. The director may approve such expansion if the director finds that:
(1) The area to be expanded meets the requirements prescribed in section 135.207 or 135.210, whichever is applicable;
(2) The area to be expanded is contiguous to the existing enterprise zone; and
(3) The number of expansions do not exceed three after August 28, 1994.
5. Notwithstanding the fifteen-year limitation as prescribed in subsection 1 of this section, any governing authority having jurisdiction of an area that has been designated as an enterprise zone by the director, except one designated pursuant to this subsection, may file a petition, as prescribed by the director, for redesignation of such area for an additional period not to exceed seven years following the fifteenth anniversary of the enterprise zone's initial designation date; provided:
(1) The petition is filed with the director within three years prior to the date the tax credits authorized in sections 135.225 and 135.235 and the exemption allowed in section 135.220 are required to be removed pursuant to subsection 1 of this section;
(2) The governing authority identifies and conforms the boundaries of the area to be designated a new enterprise zone to the political boundaries established by the latest decennial census, unless otherwise approved by the director;
(3) The area satisfies the requirements prescribed in subdivisions (3), (4) and (5) of section 135.205 according to the latest decennial census or other appropriate source as approved by the director;
(4) The governing authority satisfies the requirements prescribed in sections 135.210, 135.215 and 135.255;
(5) The director finds that the area is unlikely to support reasonable tax assessment or to experience reasonable economic growth without such designation; and
(6) The director's recommendation that the area be designated as an enterprise zone, is approved by the joint committee on economic development policy and planning, as otherwise required in subsection 3 of section 135.210.
6. Any taxpayer having established a new business facility in an enterprise zone except one designated pursuant to subsection 5 of this section, who did not earn the tax credits authorized in sections 135.225 and 135.235 and the exemption allowed in section 135.220 for the full ten-year period because of the fifteen-year limitation as prescribed in subsection 1 of this section, shall be granted such benefits for ten tax years, less the number of tax years the benefits were claimed or could have been claimed prior to the expiration of the original fifteen-year period, except that such tax benefits shall not be earned for more than seven tax periods during the ensuing seven-year period, provided the taxpayer continues to operate the new business facility in an area that is designated an enterprise zone pursuant to subsection 5 of this section. Any taxpayer who establishes a new business facility subsequent to the commencement of the ensuing seven-year period, as authorized in subsection 5 of this section, may qualify for the tax credits authorized in sections 135.225 and 135.235, and the exemptions authorized in sections 135.215 and 135.220, pursuant to the same terms and conditions as prescribed in sections 135.100 to 135.256. The designation of any enterprise zone pursuant to subsection 5 of this section shall not be subject to the fifty enterprise zone limitation imposed in subsection 4 of section 135.210.