| 1 | 1 | | |
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| 2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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| 3 | 3 | | and is intended to be omitted in the law. |
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| 4 | 4 | | FIRST REGULAR SESSION |
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| 5 | 5 | | SENATE BILL NO. 808 |
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| 6 | 6 | | 103RD GENERAL ASSEMBLY |
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| 7 | 7 | | INTRODUCED BY SENATOR O'LAUGHLIN. |
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| 8 | 8 | | 3133S.01I KRISTINA MARTIN, Secretary |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | To repeal sections 99.975 and 99.1082, RSMo, and to enact in lieu thereof two new sections |
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| 11 | 11 | | relating to economic development. |
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| 12 | 12 | | |
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| 13 | 13 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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| 14 | 14 | | Section A. Sections 99.975 and 99.1082, RSMo, are repealed 1 |
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| 15 | 15 | | and two new sections enacted in lieu thereof, to be known as 2 |
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| 16 | 16 | | sections 99.975 and 99.1082, to read as follo ws:3 |
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| 17 | 17 | | 99.975. 1. No new applications made pursuant to 1 |
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| 18 | 18 | | sections 99.915 to 99.980 shall be approved after January 1, 2 |
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| 19 | 19 | | [2013] 2031. 3 |
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| 20 | 20 | | 2. No applications made pursuant to sections 99.915 to 4 |
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| 21 | 21 | | 99.980 shall be approved prior to August 28, 2003, except 5 |
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| 22 | 22 | | for applications for projects that are located within a 6 |
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| 23 | 23 | | county for which public and individual assistance has been 7 |
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| 24 | 24 | | requested by the governor pursuant to section 401 of the 8 |
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| 25 | 25 | | Robert T. Stafford Disaster Relief and Emergency Assistance 9 |
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| 26 | 26 | | Act, 42 U.S.C. 5121 et seq., for an emergency proclaimed by 10 |
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| 27 | 27 | | the governor pursuant to section 44.100 due to a natural 11 |
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| 28 | 28 | | disaster of major proportions that occurred after May 1, 12 |
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| 29 | 29 | | 2003, but prior to May 10, 2003, and the development project 13 |
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| 30 | 30 | | area is a central business district that sustained severe 14 |
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| 31 | 31 | | damage as a result of such natural disaster, as determined 15 |
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| 32 | 32 | | by the state emergency management agency. 16 |
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| 33 | 33 | | 3. Prior to December 31, 2006, the Missouri 17 |
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| 34 | 34 | | development finance board may approve up to two applications 18 SB 808 2 |
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| 35 | 35 | | made pursuant to sections 99.915 to 99.980 in a home rule 19 |
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| 36 | 36 | | city with more than four hundred thousand inhabitants and 20 |
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| 37 | 37 | | located in more than one county in which the state sales tax 21 |
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| 38 | 38 | | increment for such projects approved pursuant to the 22 |
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| 39 | 39 | | provisions of this subsection shall be up to one-half of the 23 |
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| 40 | 40 | | incremental increase in all sales taxes levied pursuant to 24 |
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| 41 | 41 | | section 144.020. In no event shall the incremental increase 25 |
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| 42 | 42 | | include any amounts attributable to retail sales unless the 26 |
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| 43 | 43 | | Missouri development finance board and the departme nt of 27 |
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| 44 | 44 | | economic development are satisfied based on information 28 |
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| 45 | 45 | | provided by the municipality or authority, and such entities 29 |
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| 46 | 46 | | have made a finding that a substantial portion of all but a 30 |
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| 47 | 47 | | de minimus portion of the sales tax increment attributable 31 |
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| 48 | 48 | | to retail sales is from new sources which did not exist in 32 |
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| 49 | 49 | | the state during the baseline year. The incremental 33 |
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| 50 | 50 | | increase for an existing facility shall be the amount of all 34 |
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| 51 | 51 | | state sales taxes generated pursuant to section 144.020 at 35 |
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| 52 | 52 | | the facility in excess of the amount of all state sales 36 |
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| 53 | 53 | | taxes generated pursuant to section 144.020 at the facility 37 |
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| 54 | 54 | | in the baseline year. The incremental increase in 38 |
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| 55 | 55 | | development project areas where the baseline year is the 39 |
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| 56 | 56 | | year following the year in which the development project is 40 |
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| 57 | 57 | | approved by the municipality pursuant to subdivision (2) of 41 |
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| 58 | 58 | | section 99.918 shall be the state sales tax revenue 42 |
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| 59 | 59 | | generated by out-of-state businesses relocating into a 43 |
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| 60 | 60 | | development project area. The incremental increase for a 44 |
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| 61 | 61 | | Missouri facility which relocates to a development project 45 |
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| 62 | 62 | | area shall be the amount by which the state sales tax 46 |
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| 63 | 63 | | revenue of the facility exceeds the state sales tax revenue 47 |
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| 64 | 64 | | for the facility in the calendar year prior to relocation. 48 SB 808 3 |
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| 65 | 65 | | 99.1082. As used in sections 99.1080 to 99.1092, 1 |
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| 66 | 66 | | unless the context clearly requires otherwise, the following 2 |
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| 67 | 67 | | terms shall mean: 3 |
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| 68 | 68 | | (1) "Baseline year", the calendar year prior to the 4 |
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| 69 | 69 | | adoption of an ordinance by the municipality approving a 5 |
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| 70 | 70 | | redevelopment project; provided, however, if local sales tax 6 |
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| 71 | 71 | | revenues or state sales tax revenues, from businesses other 7 |
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| 72 | 72 | | than any out-of-state business or businesses locating in the 8 |
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| 73 | 73 | | redevelopment project area, decrease in the redevelopment 9 |
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| 74 | 74 | | project area in the year following the year i n which the 10 |
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| 75 | 75 | | ordinance approving a redevelopment project is approved by a 11 |
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| 76 | 76 | | municipality, the baseline year may, at the option of the 12 |
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| 77 | 77 | | municipality approving the redevelopment project, be the 13 |
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| 78 | 78 | | year following the year of the adoption of the ordinance 14 |
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| 79 | 79 | | approving the redevelopment project. When a redevelopment 15 |
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| 80 | 80 | | project area is located within a county for which public and 16 |
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| 81 | 81 | | individual assistance has been requested by the governor 17 |
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| 82 | 82 | | under Section 401 of the Robert T. Stafford Disaster Relief 18 |
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| 83 | 83 | | and Emergency Assista nce Act, 42 U.S.C. Section 5121, et 19 |
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| 84 | 84 | | seq., for an emergency proclaimed by the governor under 20 |
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| 85 | 85 | | section 44.100 due to a natural disaster of major 21 |
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| 86 | 86 | | proportions and the redevelopment project area is a central 22 |
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| 87 | 87 | | business district that sustained severe damage as a result 23 |
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| 88 | 88 | | of such natural disaster, as determined by the state 24 |
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| 89 | 89 | | emergency management agency, the baseline year may, at the 25 |
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| 90 | 90 | | option of the municipality approving the redevelopment 26 |
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| 91 | 91 | | project, be the calendar year in which the natural disaster 27 |
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| 92 | 92 | | occurred or the year following the year in which the natural 28 |
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| 93 | 93 | | disaster occurred, provided that the municipality adopts an 29 |
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| 94 | 94 | | ordinance approving the redevelopment project within one 30 |
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| 95 | 95 | | year after the occurrence of the natural disaster; 31 SB 808 4 |
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| 96 | 96 | | (2) "Blighted area", the same mea ning as defined 32 |
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| 97 | 97 | | pursuant to section 99.805; 33 |
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| 98 | 98 | | (3) "Central business district", the area at or near 34 |
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| 99 | 99 | | the historic core that is locally known as the "downtown" of 35 |
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| 100 | 100 | | a municipality that has a median household income of sixty - 36 |
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| 101 | 101 | | two thousand dollars or less, according to the United States 37 |
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| 102 | 102 | | Census Bureau's American Community Survey, based on the most 38 |
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| 103 | 103 | | recent of five-year period estimate data in which the final 39 |
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| 104 | 104 | | year of the estimate ends in either zero or five. In 40 |
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| 105 | 105 | | addition, at least fifty percent of existing buildings in 41 |
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| 106 | 106 | | this area will have been built in excess of thirty -five 42 |
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| 107 | 107 | | years prior or vacant lots that had prior structures built 43 |
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| 108 | 108 | | in excess of thirty-five years prior to the adoption of the 44 |
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| 109 | 109 | | ordinance approving the redevelopment plan. The historical 45 |
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| 110 | 110 | | land use emphasis of a central business district prior to 46 |
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| 111 | 111 | | redevelopment will have been a mixed use of business, 47 |
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| 112 | 112 | | commercial, financial, transportation, government, and 48 |
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| 113 | 113 | | multifamily residential uses; 49 |
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| 114 | 114 | | (4) "Conservation area", any improved area within the 50 |
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| 115 | 115 | | boundaries of a redevelopment area located within the 51 |
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| 116 | 116 | | territorial limits of a municipality in which fifty percent 52 |
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| 117 | 117 | | or more of the structures in the area have an age of thirty - 53 |
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| 118 | 118 | | five years or more, and such an area is not yet a blighted 54 |
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| 119 | 119 | | area but is detrimental to the public health, safety, 55 |
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| 120 | 120 | | morals, or welfare and may become a blighted area because of 56 |
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| 121 | 121 | | any one or more of the following factors: dilapidation; 57 |
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| 122 | 122 | | obsolescence; deterioration; illegal use of individual 58 |
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| 123 | 123 | | structures; presence of structures below mi nimum code 59 |
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| 124 | 124 | | standards; abandonment; excessive vacancies; overcrowding of 60 |
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| 125 | 125 | | structures and community facilities; lack of ventilation, 61 |
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| 126 | 126 | | light or sanitary facilities; inadequate utilities; 62 |
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| 127 | 127 | | excessive land coverage; deleterious land use or layout; 63 SB 808 5 |
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| 128 | 128 | | depreciation of physical maintenance; and lack of community 64 |
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| 129 | 129 | | planning; 65 |
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| 130 | 130 | | (5) "Gambling establishment", an excursion gambling 66 |
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| 131 | 131 | | boat as defined in section 313.800 and any related business 67 |
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| 132 | 132 | | facility including any real property improvements which are 68 |
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| 133 | 133 | | directly and solely related to such business facility, whose 69 |
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| 134 | 134 | | sole purpose is to provide goods or services to an excursion 70 |
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| 135 | 135 | | gambling boat and whose majority ownership interest is held 71 |
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| 136 | 136 | | by a person licensed to conduct gambling games on an 72 |
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| 137 | 137 | | excursion gambling boat or licens ed to operate an excursion 73 |
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| 138 | 138 | | gambling boat as provided in sections 313.800 to 313.850; 74 |
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| 139 | 139 | | (6) "Local sales tax increment", at least fifty 75 |
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| 140 | 140 | | percent of the local sales tax revenue from taxes that are 76 |
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| 141 | 141 | | imposed by a municipality and its county, and that are 77 |
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| 142 | 142 | | generated by economic activities within a redevelopment area 78 |
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| 143 | 143 | | over the amount of such taxes generated by economic 79 |
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| 144 | 144 | | activities within such a redevelopment area in the calendar 80 |
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| 145 | 145 | | year prior to the adoption of the ordinance designating such 81 |
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| 146 | 146 | | a redevelopment area while financing under sections 99.1080 82 |
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| 147 | 147 | | to 99.1092 remains in effect, but excluding personal 83 |
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| 148 | 148 | | property taxes, taxes imposed on sales or charges for 84 |
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| 149 | 149 | | sleeping rooms paid by transient guests of hotels and 85 |
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| 150 | 150 | | motels, licenses, fees, or special assessments; provided 86 |
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| 151 | 151 | | however, the governing body of any county may, by 87 |
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| 152 | 152 | | resolution, exclude any portion of any countywide sales tax 88 |
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| 153 | 153 | | of such county. For redevelopment projects or redevelopment 89 |
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| 154 | 154 | | plans approved after August 28, 2005, if a retail 90 |
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| 155 | 155 | | establishment relocat es within one year from one facility 91 |
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| 156 | 156 | | within the same county and the governing body of the 92 |
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| 157 | 157 | | municipality finds that the retail establishment is a direct 93 |
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| 158 | 158 | | beneficiary of tax increment financing, then for the 94 |
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| 159 | 159 | | purposes of this subdivision, the economic activ ity taxes 95 SB 808 6 |
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| 160 | 160 | | generated by the retail establishment shall equal the total 96 |
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| 161 | 161 | | additional revenues from economic activity taxes that are 97 |
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| 162 | 162 | | imposed by a municipality or other taxing district over the 98 |
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| 163 | 163 | | amount of economic activity taxes generated by the retail 99 |
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| 164 | 164 | | establishment in the calendar year prior to its relocation 100 |
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| 165 | 165 | | to the redevelopment area; 101 |
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| 166 | 166 | | (7) "Local sales tax revenue", city sales tax revenues 102 |
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| 167 | 167 | | received under sections 94.500 to 94.550 and county sales 103 |
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| 168 | 168 | | tax revenues received under sections 67.500 to 67.594 ; 104 |
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| 169 | 169 | | (8) "Major initiative", a development project within a 105 |
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| 170 | 170 | | central business district which promotes tourism, cultural 106 |
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| 171 | 171 | | activities, arts, entertainment, education, research, 107 |
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| 172 | 172 | | arenas, multipurpose facilities, libraries, ports, mass 108 |
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| 173 | 173 | | transit, museums, ec onomic development, or conventions for 109 |
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| 174 | 174 | | the municipality, and where the capital investment within 110 |
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| 175 | 175 | | the redevelopment project area is: 111 |
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| 176 | 176 | | (a) At least five million dollars for a project area 112 |
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| 177 | 177 | | within a city having a population of one hundred thousand to 113 |
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| 178 | 178 | | one hundred ninety-nine thousand nine hundred and ninety - 114 |
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| 179 | 179 | | nine inhabitants; 115 |
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| 180 | 180 | | (b) At least one million dollars for a project area 116 |
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| 181 | 181 | | within a city having a population of fifty thousand to 117 |
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| 182 | 182 | | ninety-nine thousand nine hundred and ninety -nine 118 |
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| 183 | 183 | | inhabitants; 119 |
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| 184 | 184 | | (c) At least five hundred thousand dollars for a 120 |
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| 185 | 185 | | project area within a city having a population of ten 121 |
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| 186 | 186 | | thousand to forty-nine thousand nine hundred and ninety -nine 122 |
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| 187 | 187 | | inhabitants; or 123 |
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| 188 | 188 | | (d) At least two hundred fifty thousand dollars for a 124 |
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| 189 | 189 | | project area within a city having a population of one to 125 |
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| 190 | 190 | | nine thousand nine hundred and ninety -nine inhabitants; 126 SB 808 7 |
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| 191 | 191 | | (9) "Municipality", any city or county of this state 127 |
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| 192 | 192 | | having fewer than two hundred fifty thousand inhabitants; 128 |
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| 193 | 193 | | (10) "Obligations", bonds , loans, debentures, notes, 129 |
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| 194 | 194 | | special certificates, or other evidences of indebtedness 130 |
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| 195 | 195 | | issued by the municipality or authority, or other public 131 |
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| 196 | 196 | | entity authorized to issue such obligations under sections 132 |
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| 197 | 197 | | 99.1080 to 99.1092 to carry out a redevelopment pro ject or 133 |
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| 198 | 198 | | to refund outstanding obligations; 134 |
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| 199 | 199 | | (11) "Ordinance", an ordinance enacted by the 135 |
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| 200 | 200 | | governing body of any municipality; 136 |
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| 201 | 201 | | (12) "Redevelopment area", an area designated by a 137 |
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| 202 | 202 | | municipality in respect to which the municipality has made a 138 |
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| 203 | 203 | | finding that there exist conditions which cause the area to 139 |
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| 204 | 204 | | be classified as a blighted area or a conservation area, 140 |
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| 205 | 205 | | which area shall have the following characteristics: 141 |
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| 206 | 206 | | (a) It can be renovated through one or more 142 |
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| 207 | 207 | | redevelopment projects; 143 |
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| 208 | 208 | | (b) It is located in the central business district; 144 |
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| 209 | 209 | | (c) The redevelopment area shall not exceed ten 145 |
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| 210 | 210 | | percent of the entire geographic area of the municipality. 146 |
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| 211 | 211 | | Subject to the limitation set forth in this subdivision, the 147 |
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| 212 | 212 | | redevelopment area can be enlarg ed or modified as provided 148 |
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| 213 | 213 | | in section 99.1088; 149 |
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| 214 | 214 | | (13) "Redevelopment plan", the comprehensive program 150 |
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| 215 | 215 | | of a municipality to reduce or eliminate those conditions 151 |
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| 216 | 216 | | which qualify a redevelopment area as a blighted area or a 152 |
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| 217 | 217 | | conservation area, and to the reby enhance the tax bases of 153 |
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| 218 | 218 | | the taxing districts which extend into the redevelopment 154 |
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| 219 | 219 | | area through the reimbursement, payment, or other financing 155 |
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| 220 | 220 | | of redevelopment project costs in accordance with sections 156 |
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| 221 | 221 | | 99.1080 to 99.1092 and through application for and 157 SB 808 8 |
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| 222 | 222 | | administration of downtown revitalization preservation 158 |
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| 223 | 223 | | program financing under sections 99.1080 to 99.1092; 159 |
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| 224 | 224 | | (14) "Redevelopment project", any redevelopment 160 |
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| 225 | 225 | | project within a redevelopment area which constitutes a 161 |
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| 226 | 226 | | major initiative in furtheran ce of the objectives of the 162 |
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| 227 | 227 | | redevelopment plan, and any such redevelopment project shall 163 |
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| 228 | 228 | | include a legal description of the area selected for such 164 |
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| 229 | 229 | | redevelopment project; 165 |
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| 230 | 230 | | (15) "Redevelopment project area", the area located 166 |
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| 231 | 231 | | within a redevelopment a rea selected for a redevelopment 167 |
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| 232 | 232 | | project; 168 |
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| 233 | 233 | | (16) "Redevelopment project costs" include such costs 169 |
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| 234 | 234 | | to the redevelopment plan or a redevelopment project, as 170 |
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| 235 | 235 | | applicable, which are expended on public property, 171 |
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| 236 | 236 | | buildings, or rights -of-way for public purposes to provide 172 |
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| 237 | 237 | | infrastructure to support a redevelopment project, including 173 |
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| 238 | 238 | | facades. Such costs shall only be allowed as an initial 174 |
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| 239 | 239 | | expense which, to be recoverable, must be included in the 175 |
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| 240 | 240 | | costs of a redevelopment plan or redevelopment project, 176 |
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| 241 | 241 | | except in circumstances of plan amendments approved by the 177 |
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| 242 | 242 | | department of economic development. Such infrastructure 178 |
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| 243 | 243 | | costs include, but are not limited to, the following: 179 |
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| 244 | 244 | | (a) Costs of studies, appraisals, surveys, plans, and 180 |
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| 245 | 245 | | specifications; 181 |
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| 246 | 246 | | (b) Professional service costs, including, but not 182 |
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| 247 | 247 | | limited to, architectural, engineering, legal, marketing, 183 |
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| 248 | 248 | | financial, planning, or special services; 184 |
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| 249 | 249 | | (c) Property assembly costs, including, but not 185 |
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| 250 | 250 | | limited to, acquisition of land and other property, real or 186 |
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| 251 | 251 | | personal, or rights or interests therein, demolition of 187 |
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| 252 | 252 | | buildings, and the clearing and grading of land; 188 SB 808 9 |
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| 253 | 253 | | (d) Costs of rehabilitation, reconstruction, repair, 189 |
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| 254 | 254 | | or remodeling of existing public buildings and fixtures; 190 |
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| 255 | 255 | | (e) Costs of construction of public works or 191 |
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| 256 | 256 | | improvements; 192 |
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| 257 | 257 | | (f) Financing costs, including, but not limited to, 193 |
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| 258 | 258 | | all necessary expenses related to the issuance of 194 |
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| 259 | 259 | | obligations issued to finance all or any portion of the 195 |
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| 260 | 260 | | infrastructure costs of one or more redevelopme nt projects, 196 |
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| 261 | 261 | | and which may include capitalized interest on any such 197 |
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| 262 | 262 | | obligations and reasonable reserves related to any such 198 |
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| 263 | 263 | | obligations; 199 |
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| 264 | 264 | | (g) All or a portion of a taxing district's capital 200 |
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| 265 | 265 | | costs resulting from any redevelopment project necessaril y 201 |
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| 266 | 266 | | incurred or to be incurred in furtherance of the objectives 202 |
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| 267 | 267 | | of the redevelopment plan, to the extent the municipality by 203 |
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| 268 | 268 | | written agreement accepts and approves such infrastructure 204 |
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| 269 | 269 | | costs; 205 |
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| 270 | 270 | | (h) Payments to taxing districts on a pro rata basis 206 |
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| 271 | 271 | | to partially reimburse taxes diverted by approval of a 207 |
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| 272 | 272 | | redevelopment project when all debt is retired; 208 |
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| 273 | 273 | | (i) State government costs, including, but not limited 209 |
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| 274 | 274 | | to, the reasonable costs incurred by the department of 210 |
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| 275 | 275 | | economic development and the departme nt of revenue in 211 |
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| 276 | 276 | | evaluating an application for and administering downtown 212 |
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| 277 | 277 | | revitalization preservation financing for a redevelopment 213 |
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| 278 | 278 | | project; 214 |
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| 279 | 279 | | (17) "State sales tax increment", up to one -half of 215 |
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| 280 | 280 | | the incremental increase in the state sales tax reven ue in 216 |
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| 281 | 281 | | the redevelopment project area provided the local taxing 217 |
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| 282 | 282 | | jurisdictions commit one -half of their local sales tax to 218 |
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| 283 | 283 | | paying for redevelopment project costs. The incremental 219 |
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| 284 | 284 | | increase shall be the amount by which the state sales tax 220 SB 808 10 |
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| 285 | 285 | | revenue generated at the facility or within the 221 |
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| 286 | 286 | | redevelopment project area exceeds the state sales tax 222 |
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| 287 | 287 | | revenue generated at the facility or within the 223 |
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| 288 | 288 | | redevelopment project area in the baseline year. For 224 |
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| 289 | 289 | | redevelopment projects or redevelopment plans approved after 225 |
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| 290 | 290 | | August 28, 2005, if a retail establishment relocates within 226 |
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| 291 | 291 | | one year from one facility to another facility within the 227 |
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| 292 | 292 | | same county and the governing body of the municipality finds 228 |
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| 293 | 293 | | that the retail establishment is a direct beneficiary of tax 229 |
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| 294 | 294 | | increment financing, then for the purposes of this 230 |
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| 295 | 295 | | subdivision, the economic activity taxes generated by the 231 |
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| 296 | 296 | | retail establishment shall equal the total additional 232 |
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| 297 | 297 | | revenues from economic activity taxes that are imposed by a 233 |
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| 298 | 298 | | municipality or other taxing district ove r the amount of 234 |
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| 299 | 299 | | economic activity taxes generated by the retail 235 |
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| 300 | 300 | | establishment in the calendar year prior to the relocation 236 |
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| 301 | 301 | | to the redevelopment area; 237 |
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| 302 | 302 | | (18) "State sales tax revenues", the general revenue 238 |
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| 303 | 303 | | portion of state sales tax revenues receive d under section 239 |
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| 304 | 304 | | 144.020, excluding sales taxes that are constitutionally 240 |
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| 305 | 305 | | dedicated, taxes deposited to the school district trust fund 241 |
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| 306 | 306 | | in accordance with section 144.701, sales and use taxes on 242 |
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| 307 | 307 | | motor vehicles, trailers, boats and outboard motors and 243 |
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| 308 | 308 | | future sales taxes earmarked by law; 244 |
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| 309 | 309 | | (19) "Taxing district's capital costs", those costs of 245 |
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| 310 | 310 | | taxing districts for capital improvements that are found by 246 |
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| 311 | 311 | | the municipal governing bodies to be necessary and to 247 |
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| 312 | 312 | | directly result from a redevelopment projec t; 248 |
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| 313 | 313 | | (20) "Taxing districts", any political subdivision of 249 |
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| 314 | 314 | | this state having the power to levy taxes. 250 |
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| 315 | 315 | | |
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