Missouri Revised Statutes













Chapter 620

Department of Economic Development

←620.806

Section 620.809.1

620.990→

August 28, 2015

Community College funds created, use of moneys--forms--establishment of projects, procedure, requirements--funding options--issuance of certificates--sunset provisions.

620.809. 1. The Missouri community college job training program

fund, formerly established in the state treasury by section 178.896*, shall

now be known as the "Missouri Works Community College New Jobs Training

Fund" and shall be administered by the department for the training program.

The department of revenue shall credit to the fund, as received, all new

jobs credits. The fund shall also consist of any gifts, contributions,

grants, or bequests received from federal, private, or other sources. The

general assembly, however, shall not provide for any transfer of general

revenue funds into the fund. Moneys in the fund shall be disbursed to the

department under regular appropriations by the general assembly. The

department shall disburse such appropriated funds in a timely manner into

the special funds established by community college districts for training

projects, which funds shall be used to pay training project costs. Such

disbursements shall be made to the special fund for each training project

in the same proportion as the new jobs credit remitted by the qualified

company participating in such project bears to the total new jobs credit

from withholding remitted by all qualified companies participating in

projects during the period for which the disbursement is made. All 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, but shall remain in

the fund.



2. The Missouri community college job retention training program

fund, formerly established in the state treasury by section 178.764**,

shall now be known as the "Missouri Works Community College Job Retention

Training Fund" and shall be administered by the department for the Missouri

works training program. The department of revenue shall credit to the

fund, as received, all retained jobs credits. The fund shall also consist

of any gifts, contributions, grants, or bequests received from federal,

private, or other sources. The general assembly, however, shall not

provide for any transfer of general revenue funds into the fund. Moneys in

the fund shall be disbursed to the department under regular appropriations

by the general assembly. The department shall disburse such appropriated

funds in a timely manner into the special funds established by community

college districts for projects, which funds shall be used to pay training

program costs, including the principal, premium, and interest on

certificates issued by the district to finance or refinance, in whole or in

part, a project. Such disbursements by the department shall be made to the

special fund for each project in the same proportion as the retained jobs

credit from withholding remitted by the qualified company participating in

such project bears to the total retained jobs credit from withholding

remitted by qualified companies participating in projects during the period

for which the disbursement is made. All 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, but shall remain in the fund.



3. The department of revenue shall develop such forms as are

necessary to demonstrate accurately each qualified company's new jobs

credit paid into the Missouri works community college new jobs training

fund or retained jobs credit paid into the Missouri works community college

job retention training fund. The new or retained jobs credits shall be

accounted as separate from the normal withholding tax paid to the

department of revenue by the qualified company. Reimbursements made by all

qualified companies to the Missouri works community college new jobs

training fund and the Missouri works community college job retention

training fund shall be no less than all allocations made by the department

to all community college districts for all projects. The qualified company

shall remit the amount of the new or retained jobs credit, as applicable,

to the department of revenue in the same manner as provided in sections

143.191 to 143.265.



4. A community college district, with the approval of the department

in consultation with the office of administration, may enter into an

agreement to establish a training project and provide training project

services to a qualified company. As soon as possible after initial contact

between a community college district and a potential qualified company

regarding the possibility of entering into an agreement, the district shall

inform the department of the potential training project. The department

shall evaluate the proposed training project within the overall job

training efforts of the state to ensure that the training project will not

duplicate other job training programs. The department shall have fourteen

days from receipt of a notice of intent to approve or disapprove a training

project. If no response is received by the qualified company within

fourteen days, the training project shall be deemed approved. Disapproval

of any training project shall be made in writing and state the reasons for

such disapproval. If an agreement is entered into, the district and the

qualified company shall notify the department of revenue within fifteen

calendar days. In addition to any provisions required under subsection 5

of this section for a qualified company applying to receive a retained job

credit, an agreement may provide, but shall not be limited to:



(1) Payment of training project costs, which may be paid from one or

a combination of the following sources:



(a) Funds appropriated by the general assembly to the Missouri works

community college new jobs training program fund or Missouri works

community college job retention training program fund, as applicable, and

disbursed by the department for the purposes consistent with sections

620.800 to 620.809;



(b) Tuition, student fees, or special charges fixed by the board of

trustees to defray training project costs in whole or in part;



(2) Payment of training project costs which shall not be deferred for

a period longer than eight years;



(3) Costs of on-the-job training for employees which shall include

wages or salaries of participating employees. Payments for on-the-job

training shall not exceed the average of fifty percent of the total wages

paid by the qualified company to each participant during the period of

training. Payment for on-the-job training may continue for up to six

months from the date the training begins;



(4) A provision which fixes the minimum amount of new or retained

jobs credits, or tuition and fee payments which shall be paid for training

project costs; and



(5) Any payment required to be made by a qualified company. This

payment shall constitute a lien upon the qualified company's business

property until paid, shall have equal priority with ordinary taxes and

shall not be divested by a judicial sale. Property subject to such lien

may be sold for sums due and delinquent at a tax sale, with the same

forfeitures, penalties, and consequences as for the nonpayment of ordinary

taxes. The purchasers at tax sale shall obtain the property subject to the

remaining payments.



5. Any qualified company that submits a notice of intent for retained

job credits shall enter into an agreement, providing that the qualified

company has:



(1) Maintained at least one hundred full-time employees per year at

the project facility for the calendar year preceding the year in which the

application is made;



(2) Retained, at the project facility, the same number of employees

that existed in the taxable year immediately preceding the year in which

application is made; and



(3) Made or agrees to make a new capital investment of greater than

five times the amount of any award under this training program at the

project facility over a period of two consecutive calendar years, as

certified by the qualified company and:



(a) Has made substantial investment in new technology requiring the

upgrading of employee skills; or



(b) Is located in a border county of the state and represents a

potential risk of relocation from the state; or



(c) Has been determined to represent a substantial risk of relocation

from the state by the director of the department of economic development.



6. If an agreement provides that all or part of the training program

costs are to be met by receipt of new or retained jobs credit, such new or

retained jobs credit from withholding shall be determined and paid as

follows:



(1) New or retained jobs credit shall be based upon the wages paid to

the employees in the new or retained jobs;



(2) A portion of the total payments made by the qualified companies

under sections 143.191 to 143.265 shall be designated as the new or

retained jobs credit from withholding. Such portion shall be an amount

equal to two and one-half percent of the gross wages paid by the qualified

company for each of the first one hundred jobs included in the project and

one and one-half percent of the gross wages paid by the qualified company

for each of the remaining jobs included in the project. If business or

employment conditions cause the amount of the new or retained jobs credit

from withholding to be less than the amount projected in the agreement for

any time period, then other withholding tax paid by the qualified company

under sections 143.191 to 143.265 shall be credited to the applicable fund

by the amount of such difference. The qualified company shall remit the

amount of the new or retained jobs credit to the department of revenue in

the manner prescribed in sections 143.191 to 143.265. When all training

program costs have been paid, the new or retained jobs credits shall cease;



(3) The community college district participating in a project shall

establish a special fund for and in the name of the training project. All

funds appropriated by the general assembly from the funds established under

subsections 1 and 2 of this section and disbursed by the department for the

training project and other amounts received by the district for training

project costs as required by the agreement shall be deposited in the

special fund. Amounts held in the special fund shall be used and disbursed

by the district only to pay training project costs for such training

project. The special fund may be divided into such accounts and

subaccounts as shall be provided in the agreement, and amounts held therein

may be invested in the same manner as the district's other funds;



(4) Any disbursement for training project costs received from the

department under sections 620.800 to 620.809 and deposited into the

training project's special fund may be irrevocably pledged by a community

college district for the payment of the principal, premium, and interest on

the certificate issued by a community college district to finance or

refinance, in whole or in part, such training project;



(5) The qualified company shall certify to the department of revenue

that the new or retained jobs credit is in accordance with an agreement and

shall provide other information the department of revenue may require;



(6) An employee participating in a training project shall receive

full credit under section 143.211 for the amount designated as a new or

retained jobs credit;



(7) If an agreement provides that all or part of training program

costs are to be met by receipt of new or retained jobs credit, the

provisions of this subsection shall also apply to any successor to the

original qualified company until the principal and interest on the

certificates have been paid.



7. To provide funds for the present payment of the training project

costs of new or retained jobs training project through the training

program, a community college district may borrow money and issue and sell

certificates payable from a sufficient portion of the future receipts of

payments authorized by the agreement including disbursements from the

Missouri works community college new jobs training fund or the Missouri

works community college job retention training fund, to the special fund

established by the district for each project. The total amount of

outstanding certificates sold by all community college districts shall not

exceed the total amount authorized under law as of January 1, 2013, unless

an increased amount is authorized in writing by a majority of members of

the committee. The certificates shall be marketed through financial

institutions authorized to do business in Missouri. The receipts shall be

pledged to the payment of principal of and interest on the certificates.

Certificates may be sold at public sale or at private sale at par, premium,

or discount of not less than ninety-five percent of the par value thereof,

at the discretion of the board of trustees, and may bear interest at such

rate or rates as the board of trustees shall determine, notwithstanding the

provisions of section 108.170 to the contrary. However, the provisions of

chapter 176 shall not apply to the issuance of such certificates.

Certificates may be issued with respect to a single project or multiple

projects and may contain terms or conditions as the board of trustees may

provide by resolution authorizing the issuance of the certificates.



8. Certificates issued to refund other certificates may be sold at

public sale or at private sale as provided in this section, with the

proceeds from the sale to be used for the payment of the certificates being

refunded. The refunding certificates may be exchanged in payment and

discharge of the certificates being refunded, in installments at different

times or an entire issue or series at one time. Refunding certificates may

be sold or exchanged at any time on, before, or after the maturity of the

outstanding certificates to be refunded. They may be issued for the

purpose of refunding a like, greater, or lesser principal amount of

certificates and may bear a rate of interest that is higher, lower, or

equivalent to that of the certificates being renewed or refunded.



9. Before certificates are issued, the board of trustees shall

publish once a notice of its intention to issue the certificates, stating

the amount, the purpose, and the project or projects for which the

certificates are to be issued. A person with standing may, within fifteen

days after the publication of the notice, by action in the circuit court of

a county in the district, appeal the decision of the board of trustees to

issue the certificates. The action of the board of trustees in determining

to issue the certificates shall be final and conclusive unless the circuit

court finds that the board of trustees has exceeded its legal authority.

An action shall not be brought which questions the legality of the

certificates, the power of the board of trustees to issue the certificates,

the effectiveness of any proceedings relating to the authorization of the

project, or the authorization and issuance of the certificates from and

after fifteen days from the publication of the notice of intention to

issue.



10. The board of trustees shall make a finding based on information

supplied by the qualified company that revenues provided in the agreement

are sufficient to secure the faithful performance of obligations in the

agreement.



11. Certificates issued under this section shall not be deemed to be

an indebtedness of the state, the community college district, or any other

political subdivision of the state, and the principal and interest on any

certificates shall be payable only from the sources provided in subdivision

(1) of subsection 4 of this section which are pledged in the agreement.



12. Pursuant to section 23.253 of the Missouri sunset act:



(1) The new program authorized under sections 620.800 to 620.809

shall automatically sunset July 1, 2019, unless reauthorized by an act of

the general assembly; and



(2) If such program is reauthorized, the program authorized under

sections 620.800 to 620.809 shall automatically sunset twelve years after

the effective date of the reauthorization of sections 620.800 to 620.809;

and



(3) Sections 620.800 to 620.809 shall terminate on September first of

the calendar year immediately following the calendar year in which a

program authorized under sections 620.800 to 620.809 is sunset.



(L. 2013 H.B. 196)



Sunset date 7-01-19



Termination date 9-01-20



*Section 178.896 was repealed by H.B. 196, 2013



**Section 178.764 was repealed by H.B. 196, 2013







Top



Missouri General Assembly



Copyright © Missouri Legislature, all rights reserved.