Section 178.892

Title XI EDUCATION AND LIBRARIES

Chapter 178

Effective - 18 Jun 2003, 3 histories, see footnote   (history) 

  178.892.  Definitions. — As used in sections 178.892 to 178.896, the following terms mean:

  (1) "Agreement", the agreement, between an employer and a community college district, concerning a project. An agreement may be for a period not to exceed ten years when the program services associated with a project are not in excess of five hundred thousand dollars. For a project where associated program costs are greater than five hundred thousand dollars, the agreement may not exceed a period of eight years. No agreement shall be entered into between an employer and a community college district which involves the training of potential employees with the purpose of replacing or supplanting employees engaged in an authorized work stoppage;

  (2) "Board of trustees", the board of trustees of a community college district;

  (3) "Certificate", industrial new jobs training certificates issued pursuant to section 178.895;

  (4) "Date of commencement of the project", the date of the agreement;

  (5) "Employee", the person employed in a new job;

  (6) "Employer", the person providing new jobs in conjunction with a project;

  (7) "Essential industry", a business that otherwise meets the definition of industry but instead of creating new jobs maintains existing jobs. To be an essential industry, the business must have maintained at least two thousand jobs each year for a period of four years preceding the year in which application for the program authorized by sections 178.892 to 178.896 is made and must be located in a home rule city with more than twenty-six thousand but less than twenty-seven thousand inhabitants located in any county with a charter form of government and with more than one million inhabitants;

  (8) "Existing job", a job in an essential industry that pays wages or salary greater than the average of the county in which the project will be located;

  (9) "Industry", a business located within the state of Missouri which enters into an agreement with a community college district and which is engaged in interstate or intrastate commerce for the purpose of manufacturing, processing, or assembling products, conducting research and development, or providing services in interstate commerce, but excluding retail services. "Industry" does not include a business which closes or substantially reduces its operation in one area of the state and relocates substantially the same operation in another area of the state. This does not prohibit a business from expanding its operations in another area of the state provided that existing operations of a similar nature are not closed or substantially reduced;

  (10) "New job", a job in a new or expanding industry not including jobs of recalled workers, or replacement jobs or other jobs that formerly existed in the industry in the state. For an essential industry, an existing job shall be considered a new job for the purposes of the new job training programs;

  (11) "New jobs credit from withholding", the credit as provided in section 178.894;

  (12) "New jobs training program" or "program", the project or projects established by a community college district for the creation of jobs by providing education and training of workers for new jobs for new or expanding industry in the state;

  (13) "Program costs", all necessary and incidental costs of providing program services including payment of the principal of, premium, if any, and interest on certificates, including capitalized interest, issued to finance a project, funding and maintenance of a debt service reserve fund to secure such certificates and wages, salaries and benefits of employees participating in on-the-job training;

  (14) "Program services" includes, but is not limited to, the following:

  (a) New jobs training;

  (b) Adult basic education and job-related instruction;

  (c) Vocational and skill-assessment services and testing;

  (d) Training facilities, equipment, materials, and supplies;

  (e) On-the-job training;

  (f) Administrative expenses equal to fifteen percent of the total training costs;

  (g) Subcontracted services with state institutions of higher education, private colleges or universities, or other federal, state, or local agencies;

  (h) Contracted or professional services; and (i) Issuance of certificates;

  (15) "Project", a training arrangement which is the subject of an agreement entered into between the community college district and an employer to provide program services;

  (16) "Total training costs", costs of training, including supplies, wages and benefits of instructors, subcontracted services, on-the-job training, training facilities, equipment, skill assessment and all program services excluding issuance of certificates.

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(L. 1988 H.B. 1034§1, A.L. 1990 H.B. 1364, A.L. 1993 H.B. 566, A.L. 2001 S.B. 500, A.L. 2003 H.B. 289 merged with S.B. 620)

Effective 6-18-03 (S.B. 620); 7-07-03 (H.B. 289)

Contingent expiration date, see § 135.284