99.975. Application approvals, limitations.

Application approvals, limitations.

99.975. 1. No new applications made pursuant to sections 99.915 to99.980 shall be approved after January 1, 2013.

2. No applications made pursuant to sections 99.915 to 99.980 shallbe approved prior to August 28, 2003, except for applications for projectsthat are located within a county for which public and individual assistancehas been requested by the governor pursuant to section 401 of the Robert T.Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 etseq., for an emergency proclaimed by the governor pursuant to section44.100, RSMo, due to a natural disaster of major proportions that occurredafter May 1, 2003, but prior to May 10, 2003, and the development projectarea is a central business district that sustained severe damage as aresult of such natural disaster, as determined by the state emergencymanagement agency.

3. Prior to December 31, 2006, the Missouri development finance boardmay approve up to two applications made pursuant to sections 99.915 to99.980 in a home rule city with more than four hundred thousand inhabitantsand located in more than one county in which the state sales tax incrementfor such projects approved pursuant to the provisions of this subsectionshall be up to one-half of the incremental increase in all sales taxeslevied pursuant to section 144.020, RSMo. In no event shall theincremental increase include any amounts attributable to retail salesunless the Missouri development finance board and the department ofeconomic development are satisfied based on information provided by themunicipality or authority, and such entities have made a finding that asubstantial portion of all but a de minimus portion of the sales taxincrement attributable to retail sales is from new sources which did notexist in the state during the baseline year. The incremental increase foran existing facility shall be the amount of all state sales taxes generatedpursuant to section 144.020, RSMo, at the facility in excess of the amountof all state sales taxes generated pursuant to section 144.020, RSMo, atthe facility in the baseline year. The incremental increase in developmentproject areas where the baseline year is the year following the year inwhich the development project is approved by the municipality pursuant tosubdivision (2) of section 99.918 shall be the state sales tax revenuegenerated by out-of-state businesses relocating into a development projectarea. The incremental increase for a Missouri facility which relocates toa development project area shall be the amount by which the state sales taxrevenue of the facility exceeds the state sales tax revenue for thefacility in the calendar year prior to relocation.

(L. 2003 H.B. 289)

Effective 7-07-03