100.255. Definitions.

MISSOURI STATUTES AND CODES

Definitions.

100.255. As used in sections 100.250 to 100.297, the following termsmean:

(1) "Board", the Missouri development finance board created bysection 100.265;

(2) "Borrower", any person, partnership, public or privatecorporation, association, development agency or any other entity eligiblefor funding under sections 100.250 to 100.297;

(3) "Development agency", any of the following:

(a) A port authority established pursuant to chapter 68, RSMo;

(b) The bi-state development agencies established pursuant tosections 70.370 to 70.440*, RSMo, and sections 238.010 to 238.100, RSMo;

(d) A county, city, incorporated town or village or other politicalsubdivision or public body of this state;

(e) A planned industrial expansion authority established pursuant tosections 100.300 to 100.620;

(f) An industrial development corporation established pursuant tosections 349.010 to 349.105, RSMo;

(g) A real property tax increment financing commission establishedpursuant to sections 99.800 to 99.865, RSMo;

(h) Any other governmental, quasi-governmental or quasi-publiccorporation or entity created by state law or by resolution adopted by thegoverning body of a development agency otherwise described in paragraphs(a) through (g) of this subdivision;

(4) "Development and reserve fund", the industrial development andreserve fund established pursuant to section 100.260;

(5) "Export finance fund", the Missouri export finance fundestablished pursuant to section 100.260;

(6) "Export trade activities" includes, but is not limited to,consulting, international market research, advertising, marketing,insurance, product research and design, legal assistance, transportation,including trade documentation and freight forwarding, communication, andprocessing of foreign orders to and for exporters and foreign purchases andwarehousing, when undertaken to export or facilitate the export of goods orservices produced or assembled in this state;

(7) "Guarantee fund", the industrial development guarantee fundestablished by section 100.260;

(8) "Infrastructure development fund", the infrastructure developmentfund established under section 100.263;

(9) "Infrastructure facilities", the highways, streets, bridges,water supply and distribution systems, mass transportation facilities andequipment, telecommunication facilities, jails and prisons, sewers andsewage treatment facilities, wastewater treatment facilities, airports,railroads, reservoirs, dams and waterways in this state, acquisition ofblighted real estate and the improvements thereon, demolition of existingstructures and preparation of sites in anticipation of development, publicfacilities, and any other improvements provided by any form of governmentor development agency;

(10) "Jobs now fund", the jobs now fund established under section100.260;

(11) "Jobs now projects", the purchase, construction, extension, andimprovement of real estate, plants, buildings, structures, or facilities,whether or not now in existence, used or to be used primarily asinfrastructure facilities or public facilities. When any entity provides acertified design or operation plan which is demonstrably less than theusual and customary average industry determination of cost forinstallation, construction, purchasing, extension, and improvement of realestate, manufacturing facilities, buildings, structures or facilities,including public facilities, then the entity or company providing suchservice may receive payment in an amount equal to the usual and customaryfee for such project plus additional compensation equal to two times thepercentage by which the cost of such aforementioned criteria of suchfacility is less than the usual and customary average industrialdetermination of cost for installation, construction, materials, extensionand improvement of real estate, manufacturing facilities, buildings,structures, or facilities, including public facilities. Such entity shallalso pay to such company providing such aforementioned service compensationequal to twenty-five percent of the amount of any annual operational costswhich are lower than the customary average industry determination of costfor operation for such facility, procedure, or service for a period of timeequal to one-fourth the design lifetime of such entity or five yearswhichever is less;

(12) "Participating lender", a lender authorized by the board toparticipate with the board in the making of a loan or to make loans therepayment of which is secured by the development and reserve fund;

(13) "Project", the purchase, construction, extension, andimprovement of real estate, plants, buildings, structures or facilities,whether or not now in existence, used or to be used primarily as a factory,assembly plant, manufacturing plant, fabricating plant, distributioncenter, warehouse building, office building, port terminal or facility,transportation and transfer facility, industrial plant, processing plant,commercial or agricultural facility, nursing or retirement facility orcombination thereof, recreational facility, cultural facility, publicfacilities, job training or other vocational training facility,infrastructure facility, video-audio telecommunication conferencingfacility, office building, facility for the prevention, reduction, disposalor control of pollution, sewage or solid waste, facility for conductingexport trade activities, or research and development building in connectionwith any of the facilities defined as a project in this subdivision. Theterm "project" shall also include any improvements, including, but notlimited to, road or rail construction, alteration or relocation, andconstruction of facilities to provide utility service for any of thefacilities defined as a project under this subdivision, along with anyfixtures, equipment, and machinery, and any demolition and relocationexpenses used in connection with any such projects and any capital used topromote and facilitate such facilities and notes payable from anticipatedrevenue issued by any development agency;

(14) "Public facility", any facility or improvements available foruse by the general public including facilities for which user or other feesare charged on a nondiscriminatory basis.

(L. 1982 S.B. 681 § 2, A.L. 1985 H.B. 416, A.L. 1986 S.B. 664 merged with S.B. 731 merged with H.B. 989 & 1390, A.L. 1989 H.B. 378, A.L. 1990 H.B. 1564, A.L. 1992 S.B. 485, A.L. 1994 H.B. 1248 & 1048, A.L. 1997 2d Ex. Sess. S.B. 1, A.L. 1998 S.B. 829, A.L. 2004 S.B. 1155)
*Section 70.440 was repealed by H.B. 1248 & 1048 in 1994.