SECOND REGULAR SESSION
HOUSE BILL NO. 1449
96TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES BERRY (Sponsor), RIZZO, TALBOY, SILVEY, CIERPIOT, SOLON, NANCE, BROWN (50), RICHARDSON, SWEARINGEN, LONG, SCHIEBER, HOLSMAN, CROSS, MOLENDORP, LASATER, McCANN BEATTY AND MORGAN (Co-sponsors).
5244L.01I D. ADAM CRUMBLISS, Chief Clerk
To amend chapter 135, RSMo, by adding thereto one new section relating to economic incentives.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 135, RSMo, is amended by adding thereto one new section, to be known as section 135.1610, to read as follows:
135.1610. 1. If any job that qualifies for a tax credit under sections 100.700 to 100.850, 135.100 to 135.258, 135.950 to 135.973, 620.1023, or 620.1875 to 620.1910 relocates to Missouri from the state of Kansas and from within thirty miles of the border of Missouri, no tax credits shall be issued for such job under such sections if the state of Kansas prohibits any tax credit for jobs or economic incentive for job creation or does not award any job relocation incentive for any job that relocates from Missouri to the state of Kansas and the new location is within thirty miles of the border of Missouri.
2. Subsection 3 of this section shall become effective only upon the failure of the state of Kansas to enact legislation substantially similar to the provisions of subsection 1 of this section by August 28, 2014. Within thirty days after August 28, 2014, the director of the department of economic development shall notify the revisor of statutes upon a determination whether the state of Kansas has enacted substantially similar legislation. Section 3 of this section shall become effective thirty days after the date the director notifies the revisor that such legislation has not been enacted.
3. (1) For every expenditure of one dollar by the state of Kansas for promoting economic development in the Kansas counties that are part of the Kansas City metropolitan area, Missouri shall make an expenditure of one dollar and fifty cents for promoting economic development in the Missouri counties that are part of the Kansas City metropolitan area.
(2) As used in this section:
(a) "Expenditure" means appropriation, grant, financial award, loan, debt authorization, tax authorization, or any reduction in revenue collected as a result of a tax deduction, tax exemption, tax credit, tax abatement, or other tax preference, in connection with any program administered by the department of economic development, or any other applicable program;
(b) "Kansas City metropolitan area" means the multicounty metropolitan area straddling the border between the states of Missouri and Kansas consisting of the Missouri counties of Jackson, Platte, Clay, and Cass, and the Kansas counties of Johnson, Leavenworth, and Wyandotte.
(3) The department shall 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, 2012, shall be invalid and void.