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 Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Section 135.80 0, RSMo, is repealed and two new 1 sections enacted in lieu thereof, to be known as sections 2 135.005 and 135.800, to read as follows:3 135.005. 1.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