99.1000. Definitions.
Definitions.
99.1000. As used in sections 99.1000 to 99.1060, unless the contextclearly requires otherwise, the following terms shall mean:
(1) "Authority", the rural economic stimulus authority for amunicipality, created pursuant to section 99.1006;
(2) "Baseline year", the calendar year prior to the adoption of anordinance by the municipality approving a development project;
(3) "Collecting officer", the officer of the municipality responsiblefor receiving and processing payments in lieu of taxes, economic activitytaxes other than economic activity taxes which are local sales taxes, andother local taxes other than local sales taxes, and, for local sales taxesand state taxes, the director of revenue;
(4) "Development area", an area designated by a municipality whicharea shall have the following characteristics:
(a) It includes only those parcels of real property directly andsubstantially benefited by the proposed development plan;
(b) It can be renovated through one or more development projects;
(c) It is contiguous, provided, however that a development area mayinclude up to three noncontiguous areas selected for development projects,provided that each noncontiguous area meets the requirements of paragraphs(a) and (b) of this subdivision; and
(d) The development area shall not exceed ten percent of the entirearea of the municipality.
Subject to the limitation set forth in this subdivision, the developmentarea can be enlarged or modified as provided in section 99.1036;
(5) "Development facility", a facility producing either a goodderived from an agricultural commodity or using a process to produce a goodderived from an agricultural product;
(6) "Development plan", the comprehensive program of a municipalityand to thereby enhance the tax bases of the taxing districts which extendinto the development area through the reimbursement, payment, or otherfinancing of development project costs in accordance with sections 99.1000to 99.1060 and through the exercise of the powers set forth in sections99.1000 to 99.1060. The development plan shall conform to the requirementsof section 99.1027;
(7) "Development project", any development project within adevelopment area which creates a renewable fuel production facility oreligible new generation processing entity, and any such development projectshall include a legal description of the area selected for such developmentproject;
(8) "Development project area", the area located within a developmentarea selected for a development project;
(9) "Development project costs" include such costs to the developmentplan or a development project, as applicable, which are expended on publicproperty, buildings, or rights-of-ways for public purposes to provideinfrastructure to support a development project. Such costs shall only beallowed as an initial expense which, to be recoverable, must be included inthe costs of a development plan or development project, except incircumstances of plan amendments approved by the Missouri agricultural andsmall business development authority and the department of economicdevelopment. Such infrastructure costs include, but are not limited to,the following:
(a) Costs of studies, appraisals, surveys, plans, and specifications;
(b) Professional service costs, including, but not limited to,architectural, engineering, legal, marketing, financial, planning, orspecial services;
(c) Property assembly costs, including, but not limited to,acquisition of land and other property, real or personal, or rights orinterests therein, demolition of buildings, and the clearing and grading ofland;
(d) Costs of rehabilitation, reconstruction, repair, or remodeling ofexisting public buildings and fixtures;
(e) Costs of construction of public works or improvements;
(f) Financing costs, including, but not limited to, all necessaryexpenses related to the issuance of obligations issued to finance all orany portion of the infrastructure costs of one or more developmentprojects, and which may include capitalized interest on any suchobligations and reasonable reserves related to any such obligations;
(g) All or a portion of a taxing district's capital costs resultingfrom any development project necessarily incurred or to be incurred infurtherance of the objectives of the development plan, to the extent themunicipality by written agreement accepts and approves such infrastructurecosts;
(h) Payments to taxing districts on a pro rata basis to partiallyreimburse taxes diverted by approval of a development project;
(i) State government costs, including, but not limited to, thereasonable costs incurred by the department of economic development, theagricultural and small business development authority, and the departmentof revenue in evaluating an application for and administering statesupplemental rural development financing for a development project; and
(j) Endowment of positions at an institution of higher educationwhich has a designation as a Carnegie Research I University including anycampus of such university system, subject to the provisions of section99.1043;
(10) "Economic activity taxes", the total additional revenue fromtaxes which are imposed by the municipality and other taxing districts, andwhich are generated by economic activities within each development projectarea which exceed the amount of such taxes generated by economic activitieswithin such development project area in the baseline year; but excludingtaxes imposed on sales or charges for sleeping rooms paid by transientguests of hotels and motels, licenses, fees, or special assessments. If aretail establishment relocates within one year from one facility to anotherfacility within the same county and the municipality or authority findsthat the retail establishment is a direct beneficiary of developmentfinancing, then for purposes of this definition, the economic activitytaxes generated by the retail establishment shall equal the totaladditional revenues from taxes which are imposed by the municipality andother taxing districts which are generated by economic activities withinthe development project area which exceed the amount of taxes which areimposed by the municipality and other taxing districts which are generatedby economic activities within the development project area generated by theretail establishment in the baseline year;
(11) "Eligible new generation processing entity", as defined insection 348.432, RSMo;
(12) "Major initiative", a development project that:
(a) Promotes the development of a facility producing either a goodderived from an agricultural commodity or using a process to produce a goodderived from an agricultural product, the estimated cost of which is inexcess of the amount set forth below for the municipality, as applicable;or
(b) Promotes business location or expansion, the estimated cost ofwhich is in excess of the amount set forth below for the municipality, andis estimated to create at least as many new jobs as set forth below withinthree years of such location or expansion:
Population of Estimated New Jobs
Municipality Project Cost Created
99,999 or less $3,000,000 at least 30;
(13) "Municipality", any city, village, incorporated town, or anycounty of this state established on or prior to January 1, 2001;
(14) "New job", any job defined as a new job pursuant to subdivision(11) of section 100.710, RSMo;
(15) "Obligations", bonds, loans, debentures, notes, specialcertificates, or other evidences of indebtedness issued by the municipalityor authority, or other public entity authorized to issue such obligationspursuant to sections 99.1000 to 99.1060 to carry out a development projector to refund outstanding obligations;
(16) "Ordinance", an ordinance enacted by the governing body of anymunicipality or an order of the governing body of such a municipal entitywhose governing body is not authorized to enact ordinances;
(17) "Other net new revenues", the amount of state sales taxincrement or state income tax increment or the combination of the amount ofeach such increment as determined under section 99.1045;
(18) "Payment in lieu of taxes", those revenues from real property ineach development project area, which taxing districts would have receivedhad the municipality not adopted a development plan and the municipalitynot adopted development financing, and which would result from levies madeafter the time of the adoption of development financing during the time thecurrent equalized value of real property in such development project areaexceeds the total equalized value of real property in such developmentproject area during the baseline year until development financing for suchdevelopment project area expires or is terminated pursuant to sections99.1000 to 99.1060;
(19) "Renewable fuel production facility", a facility producing anenergy source which is derived from a renewable, domestically grown,organic compound capable of powering machinery, including an engine orpower plant, and any by-product derived from such energy source;
(20) "Special allocation fund", the fund of the municipality or itsauthority required to be established pursuant to section 99.1042 whichspecial allocation fund shall contain at least four separate segregatedaccounts into which payments in lieu of taxes are deposited in one account,economic activity taxes are deposited in a second account, other net newrevenues are deposited in a third account, and other revenues, if any,received by the authority or the municipality for the purpose ofimplementing a development plan or a development project are deposited in afourth account;
(21) "State income tax increment", the estimate of the income tax duethe state for salaries or wages paid to new employees in new jobs at abusiness located in the development project area and created by thedevelopment project. The estimate shall be a percentage of the grosspayroll which percentage shall be based upon an analysis by the departmentof revenue of the practical tax rate on gross payroll as a factor inoverall taxable income. In no event shall the percentage exceed twopercent;
(22) "State sales tax increment", the incremental increase in thestate sales tax revenue in the development project area. In no event shallthe incremental increase include any amounts attributable to retail salesunless the Missouri agricultural and small business development authorityand the department of economic development are satisfied based on theinformation provided by the municipality or authority, and such entitieshave made a finding that a substantial portion of all but a de minimusportion of the sales tax increment attributable to retail sales is from newsources which did not exist in the state during the baseline year. Inaddition, the incremental increase for an existing facility shall be theamount by which the state sales tax revenue generated at the facilityexceeds the state sales tax revenue generated at the facility in thebaseline year. The incremental increase for a Missouri facility whichrelocates to a development project area shall be the amount by which thestate sales tax revenue of the facility exceeds the state sales tax revenuefor the facility in the calendar year prior to relocation;
(23) "State sales tax revenues", the general revenue portion of statesales tax revenues received pursuant to section 144.020, RSMo, excludingsales taxes that are constitutionally dedicated, taxes deposited to theschool district trust fund in accordance with section 144.701, RSMo, salesand use taxes on motor vehicles, trailers, boats and outboard motors andfuture sales taxes earmarked by law;
(24) "Taxing districts", any political subdivision of this statehaving the power to levy taxes; and
(25) "Taxing district's capital costs", those costs of taxingdistricts for capital improvements that are found by the municipalgoverning bodies to be necessary and to directly result from a developmentproject.
(L. 2003 H.B. 289, A.L. 2004 S.B. 1155)