100.760. After receipt of an application, the board may, with theapproval of the department, enter into an agreement with an eligibleindustry for a credit pursuant to sections 100.700 to 100.850 if the boarddetermines that all of the following conditions exist:
(1) The applicant's project will create new jobs that were not jobspreviously performed by employees of the applicant in Missouri;
(2) The applicant's project is economically sound and will benefitthe people of Missouri by increasing opportunities for employment andstrengthening the economy of Missouri;
(3) Significant local incentives with respect to the project oreligible industry have been committed, which incentives may consist of:
(a) Cash or in-kind incentives derived from any nonstate source,including incentives provided by the affected political subdivisions,private industry and/or local chambers of commerce or similar suchorganizations; and/or
(b) Relief from local taxes, in either case as acceptable to theboard;
(4) Receiving the credit is a major factor in the applicant'sdecision to go forward with the project and not receiving the credit willresult in the applicant not creating new jobs in Missouri; and
(5) Awarding the credit will result in an overall positive fiscalimpact to the state.
(L. 1996 H.B. 1237 ยง 13, A.L. 1997 2d Ex. Sess. S.B. 1, A.L. 2009 H.B. 191)Effective 6-04-09