135.953. Enhanced enterprise zone criteria--zone may be established in certain areas--additional criteria. - Missouri Statutes

Enhanced enterprise zone criteria--zone may be established incertain areas--additional criteria.

135.953. 1. For purposes of sections 135.950 to 135.970, an areashall meet the following criteria in order to qualify as an enhancedenterprise zone:

(1) The area shall be a blighted area, have pervasive poverty,unemployment and general distress; and

(2) At least sixty percent of the residents living in the area haveincomes below ninety percent of the median income of all residents:

(a) Within the state of Missouri, according to the last decennialcensus or other appropriate source as approved by the director; or

(b) Within the county or city not within a county in which the areais located, according to the last decennial census or other appropriatesource as approved by the director; and

(3) The resident population of the area shall be at least fivehundred but not more than one hundred thousand at the time of designationas an enhanced enterprise zone if the area lies within a metropolitanstatistical area, as established by the United States Census Bureau, or ifthe area does not lie within a metropolitan statistical area, the residentpopulation of the area at the time of designation shall be at least fivehundred but not more than forty thousand inhabitants. If the population ofthe jurisdiction of the governing authority does not meet the minimumpopulation requirements set forth in this subdivision, the population ofthe area must be at least fifty percent of the population of thejurisdiction. However, no enhanced enterprise zone shall be created whichconsists of the total area within the political boundaries of a county; and

(4) The level of unemployment of persons, according to the mostrecent data available from the United States Bureau of Census and approvedby the director, within the area is equal to or exceeds the average rate ofunemployment for:

(a) The state of Missouri over the previous twelve months; or

(b) The county or city not within a county over the previous twelvemonths.

2. Notwithstanding the requirements of subsection 1 of this sectionto the contrary, an enhanced enterprise zone may be established in an arealocated within a county for which public and individual assistance has beenrequested by the governor pursuant to Section 401 of the Robert T. StaffordDisaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq., foran emergency proclaimed by the governor pursuant to section 44.100, RSMo,due to a natural disaster of major proportions, if the area to bedesignated is blighted and sustained severe damage as a result of suchnatural disaster, as determined by the state emergency management agency.An application for designation as an enhanced enterprise zone pursuant tothis subsection shall be made before the expiration of one year from thedate the governor requested federal relief for the area sought to bedesignated.

3. Notwithstanding the requirements of subsection 1 of this sectionto the contrary, an enhanced enterprise zone may be designated in a countyof declining population if it meets the requirements of subdivisions (1),(3) and either (2) or (4) of subsection 1 of this section. For thepurposes of this subsection, a "county of declining population" is one thathas lost one percent or more of its population as demonstrated by comparingthe most recent decennial census population to the next most recentdecennial census population for the county.

4. In addition to meeting the requirements of subsection 1, 2, or 3of this section, an area, to qualify as an enhanced enterprise zone, shallbe demonstrated by the governing authority to have either:

(1) The potential to create sustainable jobs in a targeted industry;or

(2) A demonstrated impact on local industry cluster development.

(L. 2004 S.B. 1155 § 135.1055)