FIRST REGULAR SESSION
SENATE BILL NO. 822
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR WASHINGTON.
2986S.04I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 99, RSMo, by adding thereto four new sections relating to financial incentives
for certain entertainment facilities.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 99, RSMo , is amended by adding thereto 1
four new sections, to be known as sections 99.1220, 99.1223, 2
99.1226, and 99.1230, to read as follows:3
99.1220. 1. Sections 99.1220 to 99.1230 shall be 1
known and may be cited as the "Missouri Entertainment 2
Facility - Capital Assistance Program" or "MEF -CAP". 3
2. Insofar as the provisions of sections 99.1220 to 4
99.1230 are inconsistent with the provisions of any other 5
law, the provisions of sections 99.1220 to 99.1230 shall be 6
controlling. 7
3. As used in sections 99.1220 to 99.1230, the 8
following terms shall mean: 9
(1) "Department", the Missouri department of economic 10
development; 11
(2) "Entertainment facility", any sports stadium, 12
arena, or related facility which has as its primary purpose 13
use for professional sports or entertainment events; 14
(3) "MDFB", the Missouri development finance board; 15
(4) "Professional sports franchise", any professional 16
sports team that is a member of Major League Baseball, the 17
National Football League, the National Basketball 18 SB 822 2
Association, the National Hockey League, Major League 19
Soccer, the Women's National Basketball Association, or the 20
National Women's Soccer League; 21
(5) "Project costs", the costs of acquiring, 22
constructing, improving, or ren ovating an entertainment 23
facility, including: 24
(a) Land acquisition and site preparation; 25
(b) Construction and materials; 26
(c) Professional services related to the project; 27
(d) Financing costs; and 28
(e) Infrastructure improvemen ts directly related to 29
the facility; 30
(6) "Qualified project", an entertainment facility 31
project that meets all eligibility requirements under 32
section 99.1223; 33
(7) "State assistance", financial support provided 34
pursuant to sections 99.1220 t o 99.1230 through any 35
combination of state tax increment financing revenues, 36
withholding tax retention, or matching grants. 37
99.1223. 1. There is hereby established the "Missouri 1
Entertainment Facility - Capital Assistance Program" t o be 2
administered by the department with oversight from the MDFB. 3
2. To be eligible for state assistance pursuant to 4
sections 99.1220 to 99.1230, a project shall meet all of the 5
following criteria: 6
(1) Have total project costs of at least tw o hundred 7
fifty million dollars; 8
(2) Include an entertainment facility with seating 9
capacity of at least twenty thousand persons; 10
(3) Have committed private funding of at least thirty - 11
three percent of total project costs; 12 SB 822 3
(4) Have local government support through a resolution 13
from the local governing body committing to either: 14
(a) Provide at least ten percent of project costs; or 15
(b) Provide other support and expressing a desire that 16
the state provide support; 17
(5) Demonstrate significant economic impact through an 18
independent economic impact study showing: 19
(a) The creation or retention of permanent jobs; 20
(b) Net new economic activity or retention of economic 21
activity; and 22
(c) Increased tax revenue to the state of Missouri; 23
(6) Include a binding commitment from any professional 24
sports franchise that will be the primary tenant to: 25
(a) Enter into a lease of at least twenty -five years; 26
(b) Maintain the team's primary operations in Mis souri 27
for at least twenty-five years; and 28
(c) Repay all state assistance received if the team 29
relocates during the commitment period. 30
3. (1) For qualified projects, state assistance may 31
include: 32
(a) Up to fifty percent of incremental state sales and 33
income taxes generated by the project through state tax 34
increment financing for up to twenty -five years; 35
(b) Retention of fifty percent of state withholding 36
taxes from new jobs created for up to twenty -five years; and 37
(c) State matching grants of up to twenty -five percent 38
of total project costs, not to exceed one hundred million 39
dollars per project. 40
(2) Total state assistance through all programs 41
authorized by sections 99.1220 to 99.1230 shall not exceed 42
thirty-three percent of total project costs. 43 SB 822 4
(3) State assistance provided pursuant to sections 44
99.1220 to 99.1230 may be used in combination with local 45
economic development incentives, tax abatements, federal 46
grants or incentives, or other economic developme nt 47
programs, provided that the total amount of public 48
assistance from all sources shall not exceed seventy -five 49
percent of total project costs, or the project shall be 50
deemed ineligible. 51
4. (1) Projects receiving assistance pursuant to 52
sections 99.1220 to 99.1230 shall be eligible for expedited 53
consideration for: 54
(a) Up to ten million dollars annually from the tax 55
imposed pursuant to section 143.183 for up to thirty years; 56
and 57
(b) Up to fifty million dollars over three years from 58
the MDFB. 59
(2) The department shall create procedures for 60
projects receiving assistance pursuant to sections 99.1220 61
to 99.1230 to engage in a preferred application process for 62
the funds provided in this subsection. 63
(3) Funding pursuant to t his subsection shall be in 64
addition to other state assistance authorized pursuant to 65
sections 99.1220 to 99.1230. 66
5. There is hereby created in the state treasury the 67
"State Supplemental Entertainment Facility Fund", which 68
shall consist of any mo neys appropriated by the general 69
assembly, as well as from any grants, gifts, bequests, or 70
other payments from any source. The state treasurer shall 71
be custodian of the fund. In accordance with sections 72
30.170 and 30.180, the state treasurer may appr ove 73
disbursements. Notwithstanding the provisions of section 74
33.080 to the contrary, any moneys remaining in the fund at 75 SB 822 5
the end of the biennium shall not revert to the credit of 76
the general revenue fund. The state treasurer shall invest 77
moneys in the fund in the same manner as other funds are 78
invested. Any interest and moneys earned on such 79
investments shall be credited to the fund. The fund shall 80
be administered by the department, which shall use the fund 81
to provide assistance authorized by s ections 99.1220 to 82
99.1230. 83
99.1226. 1. Applications for state assistance shall 1
be submitted to the department in such form and manner as 2
prescribed by the department. 3
2. Applications shall include, but not be limited to: 4
(1) Detailed project plans and specifications; 5
(2) Project budget and timeline; 6
(3) Evidence of meeting all eligibility requirements; 7
(4) Economic impact analysis; 8
(5) Financial projections and funding commitments; 9
(6) A clear outline of the type or types of state 10
assistance requested, and the amount of each type of state 11
assistance requested; 12
(7) A binding commitment from any professional sports 13
franchise that will be the primary tenant to: 14
(a) Enter into a lease of at least twenty -five years; 15
(b) Maintain the team's primary operations in Missouri 16
for at least twenty-five years; and 17
(c) Repay all state assistance received if the team 18
relocates during the commitment period; and 19
(8) Any other information required by the department. 20
3. (1) The department shall review applications and 21
make recommendations to the MDFB within ninety days of 22
receiving a completed application. 23 SB 822 6
(2) The MDFB shall approve or deny applications within 24
sixty days of receiving the department's recommendation. 25
(3) Upon approval, the department shall issue a 26
certificate outlining the terms and conditions of state 27
assistance. 28
99.1230. 1. Any qualified project receiving 1
assistance pursuant to sections 99.1220 to 99.1230 shall 2
submit annual reports to the department, which shall include 3
such information as the department deems appropriate. 4
2. The department shall establish procedures for 5
monitoring compliance with the require ments of sections 6
99.1220 to 99.1230. 7
3. Any state assistance received shall be subject to 8
repayment with interest if: 9
(1) A professional sports franchise relocates during 10
its commitment period; 11
(2) The project fails to maintain eligib ility 12
requirements; or 13
(3) The recipient is found to have violated the 14
provisions of sections 99.1220 to 99.1230 or made a 15
misrepresentation on their application. 16
4. The department shall promulgate rules to implement 17
the provisions of secti ons 99.1220 to 99.1230. Any rule or 18
portion of a rule, as that term is defined in section 19
536.010, that is created under the authority delegated in 20
this section shall become effective only if it complies with 21
and is subject to all of the provisions of chapter 536 and, 22
if applicable, section 536.028. This section and chapter 23
536 are nonseverable and if any of the powers vested with 24
the general assembly pursuant to chapter 536 to review, to 25
delay the effective date, or to disapprove and annul a rule 26
are subsequently held unconstitutional, then the grant of 27 SB 822 7
rulemaking authority and any rule proposed or adopted after 28
August 28, 2025, shall be invalid and void. 29