Missouri Revised Statutes
Chapter 620
Department of Economic Development
←620.750
Section 620.800.1
620.803→
August 28, 2015
Definitions
620.800. The following additional terms used in sections 620.800 to
620.809 shall mean:
(1) "Agreement", the agreement between a qualified company, a
community college district, and the department concerning a training
project. Any such agreement shall comply with the provisions of section
620.017;
(2) "Board of trustees", the board of trustees of a community college
district established under the provisions of chapter 178;
(3) "Certificate", a new or retained jobs training certificate issued
under section 620.809;
(4) "Committee", the Missouri works job training joint legislative
oversight committee, established under the provisions of section 620.803;
(5) "Department", the Missouri department of economic development;
(6) "Employee", a person employed by a qualified company;
(7) "Full-time employee", an employee of the qualified company who is
scheduled to work an average of at least thirty-five hours per week for a
twelve-month period, and one to whom the qualified company offers health
insurance and pays at least fifty percent of such insurance premiums;
(8) "Local education agency", a community college, two-year state
technical college, or technical career education center;
(9) "Missouri works training program", the training program
established under sections 620.800 to 620.809;
(10) "New capital investment", costs incurred by the qualified
company at the project facility after acceptance by the qualified company
of the proposal for benefits from the department or the approval of the
notice of intent, whichever occurs first, for real or personal property,
that may include the value of finance or capital leases for real or
personal property for the term of such lease at the project facility
executed after acceptance by the qualified company of the proposal for
benefits from the department or approval of the notice of intent;
(11) "New job", the number of full-time employees located at the
project facility that exceeds the project facility base employment less any
decrease in the number of full-time employees at related facilities below
the related facility base employment. No job that was created prior to the
date of the notice of intent shall be deemed a new job. An employee who
spends less than fifty percent of his or her work time at the facility is
still considered to be located at a facility if he or she receives his or
her directions and control from that facility, is on the facility's
payroll, one hundred percent of the employee's income from such employment
is Missouri income, and the employee is paid at or above the applicable
percentage of the county's average wage;
(12) "New jobs credit", the credit from withholding remitted by a
qualified company provided under subsection 6 of section 620.809;
(13) "Notice of intent", a form developed by the department,
completed by the qualified company, and submitted to the department that
states the qualified company's intent to request benefits under this
program;
(14) "Project facility", the building or buildings used by a
qualified company at which new or retained jobs and any new capital
investment are or will be located. A project facility may include separate
buildings located within sixty miles of each other such that their purpose
and operations are interrelated, provided that, if the buildings making up
the project facility are not located within the same county, the average
wage of the new payroll must exceed the applicable percentage of the
highest county average wage among the counties in which the buildings are
located. Upon approval by the department, a subsequent project facility
may be designated if the qualified company demonstrates a need to relocate
to the subsequent project facility at any time during the project period;
(15) "Project facility base employment", the greater of the number of
full-time employees located at the project facility on the date of the
notice of intent or, for the twelve-month period prior to the date of the
notice of intent, the average number of full-time employees located at the
project facility. In the event the project facility has not been in
operation for a full twelve-month period, the average number of full-time
employees for the number of months the project facility has been in
operation prior to the date of the notice of intent;
(16) "Qualified company", a firm, partnership, joint venture,
association, private or public corporation whether organized for profit or
not, or headquarters of such entity registered to do business in Missouri
that is the owner or operator of a project facility, offers health
insurance to all full-time employees of all facilities located in this
state, and pays at least fifty percent of such insurance premiums. For the
purposes of sections 620.800 to 620.809, the term "qualified company" shall
not mean:
(a) Gambling establishments (NAICS industry group 7132);
(b) Retail trade establishments (NAICS sectors 44 and 45), except
with respect to any company headquartered in this state with a majority of
its full-time employees engaged in operations not within the NAICS codes
specified in this subdivision;
(c) Food services and drinking places (NAICS subsector 722);
(d) Public utilities (NAICS 221 including water and sewer services);
(e) Any company that is delinquent in the payment of any nonprotested
taxes or any other amounts due the state or federal government or any other
political subdivision of this state;
(f) Any company requesting benefits for retained jobs that has filed
for or has publicly announced its intention to file for bankruptcy
protection. However, a company that has filed for or has publicly
announced its intention to file for bankruptcy may be a qualified company
provided that such company:
a. Certifies to the department that it plans to reorganize and not to
liquidate; and
b. After its bankruptcy petition has been filed, it produces proof,
in a form and at times satisfactory to the department, that it is not
delinquent in filing any tax returns or making any payment due to the state
of Missouri, including but not limited to all tax payments due after the
filing of the bankruptcy petition and under the terms of the plan of
reorganization;
(g) Educational services (NAICS sector 61);
(h) Religious organizations (NAICS industry group 8131);
(i) Public administration (NAICS sector 92);
(j) Ethanol distillation or production; or
(k) Biodiesel production.
Notwithstanding any provision of this section to the contrary, the
headquarters, administrative offices, or research and development
facilities of an otherwise excluded business may qualify for benefits if
the offices or facilities serve a multistate territory. In the event a
national, state, or regional headquarters operation is not the predominant
activity of a project facility, the jobs and investment of such operation
shall be considered eligible for benefits under this section if the other
requirements are satisfied;
(17) "Related company":
(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;
(18) "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 or in which operations substantially
similar to the operations of the project facility are performed;
(19) "Related facility base employment", the greater of the number of
full-time employees located at all related facilities on the date of the
notice of intent or, for the twelve-month period prior to the date of the
notice of intent, the average number of full-time employees located at all
related facilities of the qualified company or a related company located in
this state;
(20) "Retained jobs", the average number of full-time employees of a
qualified company located at the project facility during each month for the
calendar year preceding the year in which the notice of intent is
submitted;
(21) "Retained jobs credit", the credit from withholding remitted by
a qualified company provided under subsection 6 of section 620.809;
(22) "Targeted industry", an industry or one of a cluster of
industries identified by the department by rule following a strategic
planning process as being critical to the state's economic security and
growth;
(23) "Training program", the Missouri works training program
established under sections 620.800 to 620.809;
(24) "Training project", the project or projects established through
the Missouri works training program for the creation or retention of jobs
by providing education and training of workers;
(25) "Training project costs", all necessary and incidental costs of
providing program services through the training program, including:
(a) Training materials and supplies;
(b) Wages and benefits of instructors, who may or may not be employed
by the eligible industry, and the cost of training such instructors;
(c) Subcontracted services;
(d) On-the-job training;
(e) Training facilities and equipment;
(f) Skill assessment;
(g) Training project and curriculum development;
(h) Travel directly to the training project, including a coordinated
transportation program for training if the training can be more effectively
provided outside the community where the jobs are to be located;
(i) Payments to third-party training providers and to the eligible
industry;
(j) Teaching and assistance provided by educational institutions in
the state of Missouri;
(k) In-plant training analysis, including fees for professionals and
necessary travel and expenses;
(l) Assessment and preselection tools;
(m) Publicity;
(n) Instructional services;
(o) Rental of instructional facilities with necessary utilities; and
(p) Payment of the principal, premium, and interest on certificates,
including capitalized interest, issued to finance a project, and the
funding and maintenance of a debt service reserve fund to secure such
certificates;
(26) "Training project services", includes, but shall not be limited
to, the following:
(a) Job training, which may include, but not be limited to,
preemployment training, analysis of the specified training needs for a
qualified company, development of training plans, and provision of training
through qualified training staff;
(b) Adult basic education and job-related instruction;
(c) Vocational and skill-assessment services and testing;
(d) Training facilities, equipment, materials, and supplies;
(e) On-the-job training;
(f) Administrative expenses equal to fifteen percent of the total
training costs;
(g) Subcontracted services with state institutions of higher
education, private colleges or universities, or other federal, state, or
local agencies;
(h) Contracted or professional services; and
(i) Issuance of certificates, when applicable.
(L. 2013 H.B. 196)
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