4 CSR 85-2.010
General
PURPOSE: The Department of Economic
Development has the responsibility to approve
or disapprove proposals for Neighborhood
Assistance Programs. This rule establishes
guidelines to assist business firms and neighborhood organizations in the implementation
of Neighborhood Assistance Programs.
(1) Neighborhood Assistance Programs
(NAPs) are those programs designed to give
assistance to endangered neighborhoods and
their residents in the improvement of the
quality of life. Assistance can be granted if
the neighborhood does not have the ability
within its own resources to deal with the factors which are endangering its existence as a
viable and stable neighborhood. An NAP is
any type of community development project
which improves the neighborhood by community services, crime prevention, education, job training, physical revitalization, or
economic development, as named in section
32.105, RSMo.
(2) The Department of Economic Development shall administer the NAP with the cooperation of the Department of Revenue. The
department shall provide necessary assistance
to neighborhood organizations and business
firms wishing to take advantage of the Neighborhood Assistance Act.
(3) As used in the implementation of the
Neighborhood Assistance Act, the following
terms mean:
(A) Community services may include, but
are not limited to: individual, group, and
family counseling; mental health services;
primary care and community medical health
centers; child day care services; senior citizen service centers; recreation programs;
nutrition programs; emergency shelters for
persons suffering from physical abuse or
rape; services for the handicapped; sheltered
workshops, vocational counseling; substance
abuse counseling; and referral services;
(B) Crime prevention programs include
activities such as services to ex-offenders,
local civilian organizations to help prevent
crime or aid to victims of crime, or both,
mediation services aimed at resolving disputes and conflicts before they become criminal incidents or services to juveniles who
have had contact with the court or police;
(C) Education programs include literacy
programs, adult basic education and General
Educational Development (GED) certificate
programs, and training for physically or mentally challenged; and education for person(s)
disenfranchised by public primary or secondary school systems;
(D) Job training may include those activities which provide specific vocational skills
including special apprenticeship or on-the-job
training programs not otherwise available;
(E) Physical revitalization programs are
those aimed at the physical improvement of
any part or all of a neighborhood area. These
activities may include such programs as commercial area revitalization; housing construction or rehabilitation; improvements to,
acquisition, or construction of facilities used
by nonprofit organizations for community
purposes or related planning and promotional activities designed to aid in those programs;
(F) Business firm, person, firm, a partner
in a firm, corporation or a shareholder in an
S corporation doing business in Missouri and
subject to the state income tax imposed by the
provisions of Chapter 143, RSMo, or a corporation subject to the annual corporation
franchise tax imposed by the provisions of
Chapter 147, RSMo, or an insurance company paying an annual tax on its gross premium
receipts in this state, or other financial institution paying taxes to Missouri, or any political subdivision of this state under the provisions of Chapter 148, RSMo, or an express
company which pays an annual tax on its
gross receipts in this state;
(G) Neighborhood organization, any organization incorporated as a not-for-profit corporation under the provisions of Chapter 355,
RSMo; designated as a community development corporation under the provisions of
Title VII of the Economic Opportunity Act of
1964; or holding a ruling from the Internal
Revenue Service of the United States Department of Treasury that the organization is
exempt from federal income tax. The sole
ruling which shall be considered as appropriate is section 501(c)(3) of the Internal Revenue Code of 1986;
(H) Contribution may consist of cash,
material or supplies, real estate, labor, professional services, technical assistance, or
equipment. Financial institutions and insurance companies are prohibited from earning
tax credits for investments which are part of
their normal course of business;
(I) Neighborhood, a specific geographic
area certified by the Division of Community
and Economic Development of the Department of Economic Development which has a
readily identifiable residential population.
Ordinarily in urban and suburban areas and
cities with over ten thousand (10,000) in population, a neighborhood is smaller than a city.
Small cities with under ten thousand (10,000)
in population and regions within a rural area
have many of the characteristics of urban
neighborhoods. Whenever the word neighborhood is used, it should be read as applying to these areas as well. Some of the factors
which could be demonstrated in defining a
neighborhood include:
1. A sense of belonging or identity that
ties residents to a given area:
2. Social, cultural, political or economic activities around which people organize
themselves;
3. The existence of cohesive organizations formed by residents; and
4. A history of acting or being treated as
a distinct or cohesive unit;
(J) Problems endangering the area’s existence as a viable and stable neighborhood, a
neighborhood will be considered to have
these problems when some or all of the following factors, or similar factors, are present:
declining population, high percentage of people dependent on public assistance, persistent
or substantial unemployment or underemployment, lower than average family incomes, financial disinvestment, insurance
and financial redlining, general weakened
market conditions on the neighborhood commercial strip as indicated by declining rents
or vacant stores, excessive abandonment, a
significant percentage of neighborhood residents on fixed incomes, unsanitary or inadequate housing, overcrowding, property speculation, high rates of crime and delinquency,
high degrees of drug or alcohol abuse,
increasing cases of mental health problems, significant numbers of single parent
households, high degree of infant mortality
and disease, disabilities, general unsanitary
conditions in the area, or poor city and public utility services;
(K) Doing business, among other methods
of doing business in Missouri, individuals
operating a sole proprietorship or having
rental, royalty, or farm income, as well as a
partner in a firm or a shareholder in an S corporation if this firm or S corporation is doing
business in Missouri; and
(L) S corporation, a corporation described
in Section 1361(a)(1) of the United States
Internal Revenue Code and not subject to the
taxes imposed by section 143.071, RSMo, by
reason of section 143.471, RSMo.
AUTHORITY: section 32.110, RSMo 2016.*
Original rule filed Jan. 10, 1978, effective
April 13, 1978. Rescinded and readopted:
Filed Sept. 7, 1980, effective Feb. 10, 1981.
Amended: Filed Sept. 14, 1982, effective
Dec. 11, 1982. Amended: Filed Jan. 3, 1992,
effective Aug. 6, 1992. Amended: Filed Dec.
10, 1993, effective July 10, 1994. Amended:
Filed Sept. 28, 2018, effective May 30, 2019.
*Original authority: 32.110, RSMo 1977, amended 1980,
1989, 1990, 1998, 1999, 2000, 2004.