Missouri 2025 2025 Regular Session

Missouri Senate Bill SB190 Introduced / Bill

Filed 12/09/2024

                     
FIRST REGULAR SESSION 
SENATE BILL NO. 190 
103RD GENERAL ASSEMBLY  
INTRODUCED BY SENATOR BROWN (16). 
1420S.01I 	KRISTINA MARTIN, Secretary  
AN ACT 
To repeal section 135.800, RSMo, and to enact in lieu thereof two new sections relating to tax 
credits for certain engineering degrees. 
 
Be it enacted by the General Assembly of the State of Missouri, as follows: 
     Section A.  Section 135.80 0, RSMo, is repealed and two new 1 
sections enacted in lieu thereof, to be known as sections 2 
135.005 and 135.800, to read as follows:3 
     135.005.  1.  For the purposes of this section, the 1 
following terms shall mean: 2 
     (1)  "Compensation": 3 
     (a)  Payments in the form of contract labor for which 4 
the payer is required to provide a federal tax form 1099 to 5 
the person paid; 6 
     (b)  Wages that are subject to withholding tax imposed 7 
under sections 143.191 to 143.265 and paid to a part -time  8 
employee or full-time employee; and 9 
     (c)  Any other salary or other remuneration. 10 
"Compensation" shall not include employer -provided  11 
retirement, medical or health care benefits, reimbursement 12 
for travel, meals, lodging, or any other expense; 13 
     (2)  "Department", the Missouri department of economic 14 
development; 15 
     (3)  "Qualified employer", a sole proprietorship, 16 
general partnership, limited partnership, limited liability 17   SB 190 	2 
company, corporation, other legally recognized business 18 
entity, or public entity registered to do business in this 19 
state and whose principal business activity involves the 20 
engineering sector; 21 
     (4)  "Qualified institution", any public or private 22 
institution of higher education that is accredited by a 23 
regional accrediting body or the engineering accreditation 24 
commission of the accreditation board for engineering and 25 
technology (ABET); 26 
     (5)  "Qualified program": 27 
     (a)  A program that has been accredited by the 28 
engineering accreditation commission of the accreditation 29 
board for engineering and technology (ABET) or a regional 30 
accrediting body and that awards an undergraduate or 31 
graduate degree in engineering; or 32 
     (b)  A program that results in the awarding of a degree 33 
or certificate that prepares the graduate for gai nful  34 
employment with a qualified employer; 35 
     (6)  "Qualified worker", any person newly employed on a 36 
full-time basis by or first contracting with a qualified 37 
employer on a full-time basis on or after January 1, 2026, 38 
who has been awarded an undergra duate or graduate degree, or 39 
a technical degree or certificate from a qualified program 40 
by a qualified institution; 41 
     (7)  "State tax liability", any liability incurred by a 42 
taxpayer pursuant to the provisions of chapter 143, 43 
exclusive of the provis ions relating to the withholding of 44 
tax as provided for in sections 143.191 to 143.265 and 45 
related provisions; 46 
     (8)  "Tax credit", a credit against the tax otherwise 47 
due under chapter 143, excluding withholding tax imposed 48 
under sections 143.191 to 143.265; 49   SB 190 	3 
     (9)  "Taxpayer", any individual or qualified employer, 50 
as defined under this section, subject to the state income 51 
tax imposed under chapter 143, excluding the withholding tax 52 
imposed under sections 143.191 to 143.265; 53 
     (10)  "Tuition", the amount paid for enrollment, 54 
program specific course fees, and instruction in a qualified 55 
program that includes both amounts paid during participation 56 
in a qualified program or tuition debt upon completion of a 57 
qualified program.  "Tuition" shall not include the cost of 58 
books, fees other than program specific course fees, or room 59 
and board. 60 
     2.  (1)  For all tax years beginning on or after 61 
January 1, 2026, a qualified employer shall be allowed a tax 62 
credit against the qualified employer's s tate tax liability 63 
for tuition reimbursed to a qualified worker. 64 
     (2)  The tax credit may be claimed only if the 65 
qualified worker has been awarded an undergraduate or 66 
graduate degree or technical degree or certificate from a 67 
qualified program withi n one year prior to or following the 68 
commencement of employment with a qualified employer, and 69 
may be claimed each year thereafter that the qualified 70 
worker remains employed or under contract up to the fourth 71 
year of such employment or contract. 72 
     (3)  The tax credit shall be in an amount equal to 73 
fifty percent of the tuition reimbursed to a qualified 74 
worker during the tax year for which the tax credit is 75 
claimed, except that in no event shall the tax credit exceed 76 
fifty percent of the average an nual amount paid by a 77 
qualified worker for enrollment and instruction in a 78 
qualified program, as determined by the department. 79 
     (4)  The tax credit shall be applied against the 80 
qualified employer's state tax liability after all other tax 81   SB 190 	4 
credits have been applied.  Tax credits authorized by this 82 
subsection shall not be transferred, sold, or assigned, and 83 
shall not be refundable or carried forward to any other tax 84 
year. 85 
     3.  (1)  For all tax years beginning on or after 86 
January 1, 2026, a qual ified employer shall be allowed a tax 87 
credit against the qualified employer's state tax liability 88 
for compensation paid during the tax year to a qualified 89 
worker.  The tax credit may be allowed for the first through 90 
fifth consecutive years of employmen t or contract of the 91 
qualified worker.  For qualified workers who received an 92 
undergraduate or graduate degree or technical degree or 93 
certificate from a qualified program awarded by a qualified 94 
institution, the tax credit amount shall be equal to ten 95 
percent of the compensation paid. 96 
     (2)  Tax credits authorized by this subsection shall 97 
not exceed fifteen thousand dollars for any single qualified 98 
worker in any given tax year and shall not exceed a total of 99 
seventy-five thousand dollars for any s ingle qualified  100 
worker. 101 
     (3)  The tax credit shall be applied against the 102 
qualified employer's state tax liability after all other tax 103 
credits have been applied.  Tax credits authorized by this 104 
subsection shall not be transferred, sold, or assigned and  105 
shall not be refundable or carried forward to any other tax 106 
year. 107 
     (4)  No tax credit shall be claimed for compensation 108 
paid to a qualified worker after the fifth year of 109 
employment of the qualified worker or the fifth year of the 110 
worker's contract. 111 
     4.  (1)  For all tax years beginning on or after 112 
January 1, 2026, a taxpayer who becomes a qualified worker 113   SB 190 	5 
during the tax year shall be allowed a tax credit against 114 
the taxpayer's state tax liability in an amount equal to two 115 
thousand five hundred dollars.  The tax credit may be 116 
claimed each year the taxpayer achieves the status of a 117 
qualified worker for five consecutive tax years beginning 118 
with the tax year in which the taxpayer becomes a qualified 119 
worker.  No taxpayer shall claim tax credits pursuant to 120 
this subsection that exceed a total of twelve thousand five 121 
hundred dollars. 122 
     (2)  Tax credits authorized by this subsection shall 123 
not be transferred, sold, or assigned, and shall not be 124 
refundable, but may be carried forward t o subsequent tax  125 
years, provided that a tax credit shall not be carried 126 
forward beyond the fourth tax year succeeding the tax year 127 
in which the taxpayer initially claimed the tax credit. 128 
     5.  The tax credit authorized by this section shall be 129 
considered a training and educational tax credit, as defined 130 
under section 135.800, and shall be subject to the 131 
provisions of section 135.800 to 135.830. 132 
     6.  (1)  The department may adopt rules and regulations 133 
necessary or convenient for the implementat ion and  134 
administration of this section.  Any rule or portion of a 135 
rule, as that term is defined in section 536.010, that is 136 
created under the authority delegated in this section shall 137 
become effective only if it complies with and is subject to 138 
all of the provisions of chapter 536 and, if applicable, 139 
section 536.028.  This section and chapter 536 are 140 
nonseverable and if any of the powers vested with the 141 
general assembly pursuant to chapter 536 to review, to delay 142 
the effective date, or to disapprove and annul a rule are 143 
subsequently held unconstitutional, then the grant of 144   SB 190 	6 
rulemaking authority and any rule proposed or adopted after 145 
August 28, 2025, shall be invalid and void. 146 
     (2)  The department shall annually submit a written 147 
report to the general assembly containing information 148 
regarding the cost and effectiveness of the provisions of 149 
this section.  The department also may include in the report 150 
any recommendations for changes to state law necessary to 151 
implement the provisions of this sec tion. 152 
     7.  Under section 23.253 of the Missouri sunset act: 153 
     (1)  The program authorized pursuant to this section 154 
shall automatically sunset on December 31, 2031, unless 155 
reauthorized by an act of the general assembly; and 156 
     (2)  If such program is reauthorized, the program 157 
authorized pursuant to this section shall automatically 158 
sunset twelve years after the effective date of the 159 
reauthorization; and 160 
     (3)  This section shall terminate on September first of 161 
the calendar year immediately f ollowing the calendar year in 162 
which the program authorized pursuant to this section is 163 
sunset; and 164 
     (4)  The provisions of this subsection shall not be 165 
construed to limit or in any way impair the department's 166 
ability to redeem tax credits authorize d on or before the 167 
date the program authorized pursuant to this section 168 
expires, or a taxpayer's ability to redeem such tax credits. 169 
     135.800.  1.  The provisions of sections 135.800 to 1 
135.830 shall be known and may be cited as the "T ax Credit  2 
Accountability Act of 2004". 3 
     2.  As used in sections 135.800 to 135.830, the 4 
following terms mean: 5 
     (1)  "Administering agency", the state agency or 6 
department charged with administering a particular tax 7   SB 190 	7 
credit program, as set forth by the program's enacting 8 
statute; where no department or agency is set forth, the 9 
department of revenue; 10 
     (2)  "Agricultural tax credits", the agricultural 11 
product utilization contributor tax credit created pursuant 12 
to section 348.430, the new gen eration cooperative incentive 13 
tax credit created pursuant to section 348.432, the family 14 
farm breeding livestock loan tax credit created under 15 
section 348.505, the qualified beef tax credit created under 16 
section 135.679, and the wine and grape producti on tax  17 
credit created pursuant to section 135.700; 18 
     (3)  "Business recruitment tax credits", the business 19 
facility tax credit created pursuant to sections 135.110 to 20 
135.150 and section 135.258, the enterprise zone tax 21 
benefits created pursuant to sections 135.200 to 135.270, 22 
the business use incentives for large -scale development  23 
programs created pursuant to sections 100.700 to 100.850, 24 
the development tax credits created pursuant to sections 25 
32.100 to 32.125, the rebuilding communities tax cre dit  26 
created pursuant to section 135.535, the film production tax 27 
credit created pursuant to section 135.750, the enhanced 28 
enterprise zone created pursuant to sections 135.950 to 29 
135.970, and the Missouri quality jobs program created 30 
pursuant to sections 620.1875 to 620.1900; 31 
     (4)  "Community development tax credits", the 32 
neighborhood assistance tax credit created pursuant to 33 
sections 32.100 to 32.125, the family development account 34 
tax credit created pursuant to sections 208.750 to 208.775, 35 
the dry fire hydrant tax credit created pursuant to section 36 
320.093, and the transportation development tax credit 37 
created pursuant to section 135.545; 38   SB 190 	8 
     (5)  "Domestic and social tax credits", the youth 39 
opportunities tax credit created pursuant to sect ion 135.460  40 
and sections 620.1100 to 620.1103, the shelter for victims 41 
of domestic violence or rape crisis center tax credit  42 
created pursuant to section 135.550, the senior citizen or 43 
disabled person property tax credit created pursuant to 44 
sections 135.010 to 135.035, the adoption tax credit created 45 
pursuant to sections 135.325 to 135.339, the champion for 46 
children tax credit created pursuant to section 135.341, the 47 
maternity home tax credit created pursuant to section 48 
135.600, the surviving spouse tax credit created pursuant to 49 
section 135.090, the residential treatment agency tax credit 50 
created pursuant to section 135.1150, the pregnancy resource 51 
center tax credit created pursuant to section 135.630, the 52 
food pantry tax credit created pursuant to section 135.647, 53 
the residential dwelling access tax credit created pursuant 54 
to section 135.562, the developmental disability care 55 
provider tax credit created under section 135.1180, the 56 
shared care tax credit created pursuant to section 192.2015, 57 
the health, hunger, and hygiene tax credit created pursuant 58 
to section 135.1125, and the diaper bank tax credit created 59 
pursuant to section 135.621; 60 
     (6)  "Entrepreneurial tax credits", the capital tax 61 
credit created pursuant to sections 135.400 to 135.429, the  62 
certified capital company tax credit created pursuant to 63 
sections 135.500 to 135.529, the seed capital tax credit 64 
created pursuant to sections 348.300 to 348.318, the new 65 
enterprise creation tax credit created pursuant to sections 66 
620.635 to 620.653, the research tax credit created pursuant 67 
to section 620.1039, the small business incubator tax credit 68 
created pursuant to section 620.495, the guarantee fee tax 69 
credit created pursuant to section 135.766, and the new 70   SB 190 	9 
generation cooperativ e tax credit created pursuant to 71 
sections 32.105 to 32.125; 72 
     (7)  "Environmental tax credits", the charcoal producer 73 
tax credit created pursuant to section 135.313, the wood 74 
energy tax credit created pursuant to sections 135.300 to 75 
135.311, and the alternative fuel stations tax credit 76 
created pursuant to section 135.710; 77 
     (8)  "Financial and insurance tax credits", the bank 78 
franchise tax credit created pursuant to section 148.030, 79 
the bank tax credit for S corporations created pursuant to 80 
section 143.471, the exam fee tax credit created pursuant to 81 
section 148.400, the health insurance pool tax credit 82 
created pursuant to section 376.975, the life and health 83 
insurance guaranty association tax credit created pursuant 84 
to section 376.745, the property and casualty guaranty 85 
association tax credit created pursuant to section 375.774, 86 
and the self-employed health insurance tax credit created 87 
pursuant to section 143.119; 88 
     (9)  "Housing tax credits", the neighborhood 89 
preservation tax credit created pursuant to sections 135.475 90 
to 135.487, the low-income housing tax credit created 91 
pursuant to sections 135.350 to 135.363, and the affordable 92 
housing tax credit created pursuant to sections 32.105 to 93 
32.125; 94 
     (10)  "Recipient", the indivi dual or entity who both: 95 
     (a)  Is the original applicant for a tax credit; and 96 
     (b)  Who directly receives a tax credit or the right to 97 
transfer a tax credit under a tax credit program, regardless 98 
as to whether the tax credit has been used or red eemed; a  99 
recipient shall not include the transferee of a transferable 100 
tax credit; 101   SB 190 	10 
     (11)  "Redevelopment tax credits", the historic 102 
preservation tax credit created pursuant to sections 253.545 103 
to 253.559, the brownfield redevelopment program tax cre dit  104 
created pursuant to sections 447.700 to 447.718, the 105 
community development corporations tax credit created 106 
pursuant to sections 135.400 to 135.430, the infrastructure 107 
tax credit created pursuant to subsection 6 of section 108 
100.286, the bond guarant ee tax credit created pursuant to 109 
section 100.297, the disabled access tax credit created 110 
pursuant to section 135.490, the new markets tax credit 111 
created pursuant to section 135.680, and the distressed 112 
areas land assemblage tax credit created pursuant to section  113 
99.1205; 114 
     (12)  "Tax credit program", any of the tax credit 115 
programs included in the definitions of agricultural tax 116 
credits, business recruitment tax credits, community 117 
development tax credits, domestic and social tax credits, 118 
entrepreneurial tax credits, environmental tax credits, 119 
housing tax credits, redevelopment tax credits, and training 120 
and educational tax credits; 121 
     (13)  "Training and educational tax credits", the 122 
Missouri works new jobs tax credit and Missouri works 123 
retained jobs credit created pursuant to sections 620.800 to 124 
620.809 and the engineering workforce development tax credit 125 
created under section 135.005 . 126 
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