Missouri 2025 Regular Session

Missouri Senate Bill SB129 Latest Draft

Bill / Introduced Version Filed 12/06/2024

                             
FIRST REGULAR SESSION 
SENATE BILL NO. 129 
103RD GENERAL ASSEMBLY  
INTRODUCED BY SENATOR WASHINGTON. 
0876S.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 o f employment to homeless 16 
persons", a taxpayer who has been certified pursuant to 17 
subsection 5 of this section; 18   SB 129 	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)  "Tax credit", a credit against the tax otherwise 22 
due pursuant to chapter 143, excluding withholding tax 23 
imposed pursuant to 143.191 to 143.265; 24 
     (8)  "Taxpayer", a person, firm, a partner in a firm, 25 
corporation, or a shareholder in an S corp oration doing  26 
business in the state of Missouri and subject to the state 27 
income tax imposed by the provisions of chapter 143, 28 
including any charitable organization which is exempt from 29 
federal income tax and whose Missouri unrelated business 30 
taxable income, if any, would be subject to the state income 31 
tax imposed under chapter 143. 32 
     2.  For all tax years beginning on or after January 1, 33 
2026, an eligible taxpayer shall be allowed to claim a tax 34 
credit against such taxpayer's income tax liability in an  35 
amount not to exceed ten thousand dollars for each tax year 36 
in which the eligible taxpayer is a qualified provider of 37 
employment services, a qualified provider of employment, or 38 
a qualified provider of housing services to homeless 39 
persons.  Tax credits authorized by this section shall not 40 
be refundable or transferable, but may be carried forward to 41 
a taxpayer's subsequent three tax years. 42 
     3.  The total amount of tax credits authorized under 43 
this section shall not exceed one million dolla rs per fiscal  44 
year. 45 
     4.  The department shall be responsible for creating 46 
and publishing guidelines for determining who is a qualified 47 
provider of employment services to homeless persons.  The  48 
department shall create an application for taxpayers to  49 
apply to be certified as qualified providers of employment 50   SB 129 	3 
services to homeless persons.  In order to receive such 51 
certification, a taxpayer shall, at a minimum, demonstrate 52 
that such taxpayer provides services or training designed 53 
specifically to help homeless persons find and secure 54 
meaningful employment opportunities.  Examples of taxpayers 55 
who may receive such a certification include, but are not 56 
limited to, workforce development agencies and employment 57 
training agencies who provide educationa l and job-seeking  58 
services tailored specifically for homeless persons.  Any  59 
certification granted under this subsection shall be valid 60 
for twelve months, and such certification may be 61 
reauthorized for subsequent years. 62 
     5.  The department shall be responsible for creating 63 
and publishing guidelines for determining who is a qualified 64 
provider of employment to homeless persons.  The department  65 
shall create an application for taxpayers to apply to be 66 
certified as qualified providers of employment to homeless  67 
persons.  In order to receive such certification, a taxpayer 68 
shall, at a minimum, demonstrate that such taxpayer provides 69 
employment of at least twenty -eight hours per week, at a 70 
wage rate that meets or exceeds the state minimum wage rate 71 
under section 290.502, to one or more homeless persons.  Any  72 
certification granted under this subsection shall be valid 73 
for twelve months, and such certification may be 74 
reauthorized for subsequent years. 75 
     6.  The department shall be responsible for cr eating  76 
and publishing guidelines for determining who is a qualified 77 
provider of housing for homeless persons.  The department  78 
shall create an application for taxpayers to apply to be 79 
certified as qualified providers of housing to homeless 80 
persons.  In order to receive such certification, a taxpayer 81 
shall, at a minimum, demonstrate that such taxpayer leases, 82   SB 129 	4 
rents, or provides free of charge adequate income -based  83 
residential housing to homeless persons.  Any certification  84 
granted under this subsecti on shall be valid for twelve 85 
months, and such certification may be reauthorized for 86 
subsequent years. 87 
     7.  The department shall design and publish an 88 
application for taxpayers to receive the credit authorized 89 
in this section.  The application shall require a taxpayer 90 
to provide proof that such taxpayer has been certified or 91 
recertified, within one calendar year of the date such 92 
application is received by the department, as a qualified 93 
provider of employment services, employment, or housing to 94 
homeless persons, under subsections 4 to 6 of this section.   95 
Applications shall be accepted and approved by the 96 
department on a first -come, first-served basis.  The  97 
department shall issue certificates of eligibility to those 98 
taxpayers who submit applica tions which have been approved. 99 
     8.  The tax credit authorized pursuant to this section 100 
shall be considered a domestic and social tax credit for the 101 
purposes of sections 135.800 to 135.830. 102 
     9.  The department may promulgate such rules or 103 
regulations as are necessary to administer the provisions of 104 
this section.  Any rule or portion of a rule, as that term 105 
is defined in section 536.010, that is created under the 106 
authority delegated in this section shall become effective 107 
only if it complies wi th and is subject to all of the 108 
provisions of chapter 536 and, if applicable, section 109 
536.028.  This section and chapter 536 are nonseverable and 110 
if any of the powers vested with the general assembly 111 
pursuant to chapter 536 to review, to delay the effe ctive  112 
date, or to disapprove and annul a rule are subsequently 113 
held unconstitutional, then the grant of rulemaking 114   SB 129 	5 
authority and any rule proposed or adopted after August 28, 115 
2025, shall be invalid and void. 116 
     10.  Under section 23.253 of the Missou ri sunset act: 117 
     (1)  The program authorized under this section shall 118 
automatically sunset on December 31, 2031, unless 119 
reauthorized by an act of the general assembly; 120 
     (2)  If such program is reauthorized, the program 121 
authorized under this secti on shall automatically sunset 122 
twelve years after the effective date of the reauthorization 123 
of this section; 124 
     (3)  This section shall terminate on September first of 125 
the calendar year immediately following the calendar year in 126 
which the program auth orized under this section is sunset; 127 
and 128 
     (4)  The provisions of this subsection shall not be 129 
construed to limit or in any way impair the department of 130 
revenue's ability to redeem tax credits authorized on or 131 
before the date the program authorized pursuant to this  132 
section expires, or a taxpayer's ability to redeem such tax 133 
credits. 134 
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