SECOND REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 1675
95TH GENERAL ASSEMBLY
Reported from the Committee on Jobs, Economic Development and Local Government, April 15, 2010, with recommendation that the Senate Committee Substitute do pass.
TERRY L. SPIELER, Secretary.
To amend chapter 620, RSMo, by adding thereto one new section relating to job growth.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 620, RSMo, is amended by adding thereto one new section, to be known as section 620.1910, to read as follows:
620.1910. 1. This section shall be known and may be cited as the "Manufacturing Jobs Act".
2. As used in this section, the following terms mean:
(1) "Approval", a document submitted by the department to the qualified manufacturing facility or qualified supplier that states the benefits that may be provided under this section;
(2) "Capital investment", expenditures made by a qualified manufacturing company to retool or reconfigure a manufacturing facility directly related to the manufacturing of a new product;
(3) "County average wage", the same meaning as provided under section 620.1878;
(4) "Department", the department of economic development;
(5) "Facility", a building or buildings located in Missouri at which the new product is manufactured;
(6) "Full-time job", a job for which a person is compensated for an average of at least thirty-five hours per week for a twelve-month period, and one for which the qualified manufacturing company or qualified supplier offers health insurance and pays at least fifty percent of such insurance premiums;
(7) "NAICS industry classification", the 1997 edition of the North American Industry Classification System as prepared by the Executive Office of the President, Office of Management and Budget;
(8) "New job", the same meaning as provided under section 620.1878;
(9) "New product", a new model or line of a manufactured good that has not been manufactured in Missouri by the qualified manufacturing company at any time prior to the date of the notice of intent;
(10) "Notice of intent", a form developed by the department, completed by the qualified manufacturing company or qualified supplier and submitted to the department which states the qualified manufacturing company's or qualified supplier's intent to create new jobs or retain current jobs and make additional capital investment, as applicable, and request benefits under this section. The notice of intent shall specify the minimum number of such new or retained jobs and the minimum amount of such capital investment;
(11) "Private funds", financing sources of the qualified manufacturing company for the retention or creation of jobs or capital investment which shall include equity or loans that require repayment and are from sources other than guaranteed funds directly attributed to the capital investment granted by Missouri or one or more of its local political subdivisions;
(12) "Qualified manufacturing company", a business that: (a) Manufactures goods at a facility in Missouri;
(b) Derives more than ten percent of the facility's total annual sales from goods produced at the facility which are exported outside the United States or sold to the federal government for export outside the United States or that derives more than twenty percent of total annual sales of the facility from goods produced at the facility which are exported outside the state of Missouri;
(c) Commits to make a capital investment of at least one hundred thousand dollars per retained job within no more than two years of the date the qualified manufacturing company begins to retain withholding tax pursuant to this section;
(d) Manufactures a new product or has commenced making capital improvements to the facility necessary for the manufacturing of such new product; and
(e) Continues to meet the requirements of paragraphs (a) to (d) of this subdivision for a period of at least ten years from the date of the notice of intent;
(13) "Qualified supplier", a manufacturing company that: (a) Attests to the department that it derives more than ten percent of the total annual sales of the company from sales to a qualified manufacturing facility;
(b) Adds five or more new jobs;
(c) Pays wages for such new jobs that are equal to or exceed the lower of the county average wage or the industry average wage for Missouri as determined by the department using NAICS industry classifications, but not lower than sixty percent of the statewide average wage; and
(d) Provides health insurance to employees and pays at least fifty percent of the premiums of such insurance;
(14) "Retained job", the number of full-time jobs of persons employed by the qualified manufacturing company located at the project facility that existed as of the last working day of the month immediately preceding the month in which notice of intent is submitted;
(15) "Statewide average wage", an amount equal to the quotient of the sum of the total gross wages paid for the corresponding four calendar quarters divided by the average annual employment for such four calendar quarters, which shall be computed using the Quarterly Census of Employment and Wages Data for all Private Ownership Businesses in Missouri, as published by the Bureau of Labor Statistics of the United States Department of Labor;
(16) "Total annual sales", the denominator of the sales apportionment fraction reported on the Missouri tax return filed by the qualified manufacturing company or the qualified supplier for taxes imposed under chapter 143;
(17) "Withholding period", the ten year period in which a qualified manufacturing company may receive benefits under this section;
(18) "Withholding tax", the same meaning as provided under section 620.1878.
3. The department shall respond within thirty days to a qualified manufacturing company or a qualified supplier who provides a notice of intent with either an approval or a rejection of the notice of intent. Failure to respond on behalf of the department shall result in the notice of intent being deemed an approval for the purposes of this section.
4. A qualified manufacturing company may, upon the department's approval of a notice of intent and the execution of an agreement that meets the requirements of subsection 9 of this section, but no earlier than January 1, 2012, retain fifty percent of the withholding tax from full-time jobs at the facility for a period of ten years. Except as otherwise allowed under subsection 7 of this section, the commencement of the withholding period may be delayed by no more than twenty-four months after execution of the agreement at the option of the qualified manufacturing company. Such qualified manufacturing company shall be eligible for participation in the Missouri quality jobs program under sections 620.1875 to 620.1890 for any new jobs for which it does not retain withholding tax pursuant to this section, provided all qualifications for such program are met.
5. A qualified supplier may, upon approval of a notice of intent by the department, retain all withholding tax from new jobs for a period of three years from the date of approval of the notice of intent or for a period of five years if the supplier pays wages for the new jobs equal to or greater than one hundred twenty percent of county average wage. Notwithstanding any provision of law to the contrary, a qualified supplier that is awarded benefits under this section shall not receive any tax credit or exemption or be entitled to retain withholding under sections 100.700 to 100.850, sections 135.100 to 135.150, sections 135.200 to 135.286, section 135.535, sections 135.900 to 135.906, sections 135.950 to 135.970, or section 620.1881 for the same jobs.
6. Notwithstanding any other provision of this section, the maximum amount of withholding tax that may be retained by any one qualified manufacturing company pursuant to this section shall not exceed ten million dollars per calendar year. The aggregate amount of withholding tax that may be retained by all qualified manufacturing companies pursuant to this section shall not exceed fifteen million dollars per calendar year.
7. Notwithstanding any provision of law to the contrary, any qualified manufacturing company that is awarded benefits under this section shall not simultaneously receive tax credits or exemptions under sections 100.700 to 100.850, sections 135.100 to 135.150, sections 135.200 to 135.286, section 135.535, or sections 135.900 to 135.906 for the jobs created or retained or capital improvement which qualified for benefits under this section. The benefits available to the qualified manufacturing company under any other state programs for which the qualified manufacturing company is eligible and which utilize withholding tax from the jobs at the facility shall first be credited to the other state program before the applicable withholding period for benefits provided under this section shall begin. These other state programs shall include, but are not limited to, the new jobs training program under sections 178.892 to 178.896, the job retention program under sections 178.760 to 178.764, the real property tax increment allocation redevelopment act, sections 99.800 to 99.865, or the Missouri downtown and rural economic stimulus act under sections 99.915 to 99.980. If any qualified manufacturing company also participates in the new jobs training program in sections 178.892 to 178.896, such qualified manufacturing company shall not retain any withholding tax that has already been allocated for use in the new jobs training program. Any taxpayer who is awarded benefits under this section who knowingly hires individuals who are not allowed to work legally in the United States shall immediately forfeit such benefits and shall repay the state an amount equal to any withholding taxes already retained. Subsection 5 of section 285.530 shall not apply to taxpayers awarded benefits under this program.
8. The department may promulgate rules to implement the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly under chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2010, shall be invalid and void.
9. Within six months of completion of a notice of intent required under this section, the qualified manufacturing company shall enter into an agreement with the department that memorializes the contents of the notice of intent, the requirements of this section, and the consequences for failing to meet such requirements, which shall include the following:
(1) If the number of full-time jobs of the qualified manufacturing company at the facility falls below the number of full-time jobs specified within the notice of intent at any time during the withholding period, or if the amount of capital investment made by the qualified manufacturing company is not made within the two-year period provided for such investment, the qualified manufacturing company shall immediately cease retaining any withholding tax with respect to jobs at the facility and it shall forfeit all rights to retain withholding tax for the remainder of the withholding period. In addition, the qualified manufacturing company shall repay any amounts of withholding tax retained plus interest of five percent per annum. However, in the event that such employment shortfall is due to economic conditions beyond the control of the qualified manufacturing company, the director may, at the qualified manufacturing company's request, suspend rather than terminate its privilege to retain withholding tax pursuant to this section for up to three years. Any such suspension shall extend the withholding period by the same amount of time. No more than one such suspension shall be granted to a qualified manufacturing company;
(2) If the qualified manufacturing company discontinues the manufacturing of the new product and does not replace it with a subsequent or additional new product manufactured at the facility at any time during the withholding period, the qualified manufacturing company shall immediately cease retaining any withholding tax with respect to jobs at that facility and it shall forfeit all rights to retain withholding tax for the remainder of the withholding period.
10. Prior to March first each year, the department shall provide a report to the general assembly including the names of participating qualified manufacturing companies or qualified suppliers, location of facilities or suppliers, the annual amount of benefits provided, the estimated net state fiscal impact including direct and indirect new state taxes derived, and the number of new jobs created or jobs retained.
11. Under section 23.253, of the Missouri sunset act:
(1) The provisions of the new program authorized under this section shall automatically sunset six years after the effective date of this section unless reauthorized by an act of the general assembly; and
(2) If such program is reauthorized, the program authorized under this section shall automatically sunset twelve years after the effective date of the reauthorization of this section; and
(3) This section shall terminate on September first of the calendar year immediately following the calendar year in which the program authorized under this section is sunset.