FIRST REGULAR SESSION
SENATE BILL NO. 434
102ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR WASHINGTON.
0255S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 135, RSMo, by adding thereto one new section relating to a tax credit for
providing services to homeless persons.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 135, RSMo, is amended by adding thereto 1
one new section, to be known as section 135.390, to read as 2
follows:3
135.390. 1. As used in this section, the following 1
terms shall mean: 2
(1) "Department", the department of economic 3
development; 4
(2) "Eligible taxpayer", a taxpayer who is a: 5
(a) Qualified provider of employment services to 6
homeless persons; 7
(b) Qualified provider of employment to homeless 8
persons; or 9
(c) Qualified provider of housing to homeless persons; 10
(3) "Homeless", the same meaning as assigned to that 11
term under section 67.1062; 12
(4) "Qualified provider of employment services to 13
homeless persons", a taxpayer who has been certified 14
pursuant to subsection 4 of this section; 15
(5) "Qualified provider of employment to homeless 16
persons", a taxpayer who has been certified pursuant to 17
subsection 5 of this section; 18 SB 434 2
(6) "Qualified provider of housing to homeless 19
persons", a taxpayer who has been certified pursuant to 20
subsection 6 of this section; 21
(7) "Taxpayer", a person, firm, a partner in a firm, 22
corporation, or a shareholder in an S corporation doing 23
business in the state of Missouri and subject to the state 24
income tax imposed by the provisions of chapter 143, 25
excluding withholding tax im posed by sections 143.191 to 26
143.265, including any charitable organization which is 27
exempt from federal income tax and whose Missouri unrelated 28
business taxable income, if any, would be subject to the 29
state income tax imposed under chapter 143. 30
2. For all tax years beginning on or after January 1, 31
2024, an eligible taxpayer shall be allowed to claim a tax 32
credit against such taxpayer's income tax liability in an 33
amount not to exceed ten thousand dollars for each tax year 34
in which the eligible taxpayer is a qualified provider of 35
employment services, a qualified provider of employment, or 36
a qualified provider of housing services to homeless 37
persons. Tax credits authorized by this section shall not 38
be refundable or transferable, but may be c arried forward to 39
a taxpayer's subsequent three tax years. 40
3. The total amount of tax credits authorized under 41
this section shall not exceed one million dollars per fiscal 42
year. 43
4. The department shall be responsible for creating 44
and publishing guidelines for determining who is a qualified 45
provider of employment services to homeless persons. The 46
department shall create an application for taxpayers to 47
apply to be certified as qualified providers of employment 48
services to homeless persons . In order to receive such 49
certification, a taxpayer shall, at a minimum, demonstrate 50 SB 434 3
that such taxpayer provides services or training designed 51
specifically to help homeless persons find and secure 52
meaningful employment opportunities. Examples of taxpayers 53
who may receive such a certification include, but are not 54
limited to, workforce development agencies and employment 55
training agencies who provide educational and job -seeking 56
services tailored specifically for homeless persons. Any 57
certification granted under this subsection shall be valid 58
for twelve months, and such certification may be 59
reauthorized for subsequent years. 60
5. The department shall be responsible for creating 61
and publishing guidelines for determining who is a qualified 62
provider of employment to homeless persons. The department 63
shall create an application for taxpayers to apply to be 64
certified as qualified providers of employment to homeless 65
persons. In order to receive such certification, a taxpayer 66
shall, at a minimum, demonstrate that such taxpayer provides 67
employment of at least twenty -eight hours per week, at a 68
wage rate that meets or exceeds the state minimum wage rate 69
under section 290.502, to one or more homeless persons. Any 70
certification granted under th is subsection shall be valid 71
for twelve months, and such certification may be 72
reauthorized for subsequent years. 73
6. The department shall be responsible for creating 74
and publishing guidelines for determining who is a qualified 75
provider of housing for homeless persons. The department 76
shall create an application for taxpayers to apply to be 77
certified as qualified providers of housing to homeless 78
persons. In order to receive such certification, a taxpayer 79
shall, at a minimum, demonstrate that su ch taxpayer leases, 80
rents, or provides free of charge adequate income -based 81
residential housing to homeless persons. Any certification 82 SB 434 4
granted under this subsection shall be valid for twelve 83
months, and such certification may be reauthorized for 84
subsequent years. 85
7. The department shall design and publish an 86
application for taxpayers to receive the credit authorized 87
in this section. The application shall require a taxpayer 88
to provide proof that such taxpayer has been certified or 89
recertified, within one calendar year of the date such 90
application is received by the department, as a qualified 91
provider of employment services, employment, or housing to 92
homeless persons, under subsections 4 to 6 of this section. 93
Applications shall be accepte d and approved by the 94
department on a first -come, first-served basis. The 95
department shall issue certificates of eligibility to those 96
taxpayers who submit applications which have been approved. 97
8. The department may promulgate such rules or 98
regulations as are necessary to administer the provisions of 99
this section. Any rule or portion of a rule, as that term 100
is defined in section 536.010, that is created under the 101
authority delegated in this section shall become effective 102
only if it complies with and is subject to all of the 103
provisions of chapter 536 and, if applicable, section 104
536.028. This section and chapter 536 are nonseverable, and 105
if any of the powers vested with the general assembly 106
pursuant to chapter 536 to review, to delay the e ffective 107
date, or to disapprove and annul a rule are subsequently 108
held unconstitutional, then the grant of rulemaking 109
authority and any rule proposed or adopted after August 28, 110
2023, shall be invalid and void. 111
9. Under section 23.253 of the Miss ouri sunset act: 112 SB 434 5
(1) The program authorized under this section shall 113
automatically sunset on December 31, 2029, unless 114
reauthorized by an act of the general assembly; 115
(2) If such program is reauthorized, the program 116
authorized under this sec tion shall automatically sunset 117
twelve years after the effective date of the reauthorization 118
of this section; 119
(3) This section shall terminate on September first of 120
the calendar year immediately following the calendar year in 121
which the program au thorized under this section is sunset; 122
and 123
(4) The provisions of this subsection shall not be 124
construed to limit or in any way impair the department of 125
revenue's ability to redeem tax credits authorized on or 126
before the date the program authorize d pursuant to this 127
section expires, or a taxpayer's ability to redeem such tax 128
credits. 129