SECOND REGULAR SESSION

HOUSE BILL NO. 3260 103RD GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE RUSH.

6876H.01I JOSEPH ENGLER, Chief Clerk

AN ACT To amend chapters 135 and 161, RSMo, by adding thereto two new sections relating to the Missouri four for more program.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Chapters 135 and 161, RSMo, are amended by adding thereto two new 2 sections, to be known as sections 135.1128 and 161.847, to read as follows: 135.1128. 1. As used in this section, the following terms mean: 2 (1) "Qualified amount", for any qualified taxpayer in a given tax year, an 3 amount equal to fifty percent of the regular hourly wage or average hourly wage over a 4 one-month period the taxpayer paid to each employee participating in the Missouri four 5 for more program established under section 161.847, multiplied by the number of 6 eligible hours such employee worked in a school under the program; 7 (2) "Qualified taxpayer": 8 (a) An individual, firm, a partner in a firm, a corporation, or a shareholder in an 9 S corporation doing business in the state of Missouri and subject to the state income tax 10 otherwise due under chapter 143, excluding withholding tax imposed under sections 11 143.191 to 143.265; or 12 (b) An insurance company paying an annual tax on its gross premium receipts in 13 this state or a financial institution paying taxes to the state of Missouri or any political 14 subdivision of this state under the provisions of chapter 148; 15 (3) "State tax liability", in the case of: 16 (a) An individual taxpayer, any liability incurred by such taxpayer under the 17 provisions of chapter 143; and

EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 3260 2

18 (b) A business taxpayer, any liability incurred by such taxpayer under the 19 provisions of chapter 143; 20 (4) "Tax credit", a credit against the tax otherwise due under chapter 143, 21 excluding withholding tax imposed under sections 143.191 to 143.265. 22 2. (1) For all tax years beginning on or after January 1, 2026, a qualified 23 taxpayer shall be allowed to claim a tax credit against the taxpayer's state tax liability in 24 an amount equal to the taxpayer's qualified amount. 25 (2) The number of eligible hours per employee used in the calculation of such 26 qualified amount shall not exceed four hours annually, as specified under section 27 161.847, regardless of the number of students an employee has. 28 (3) If two employees are parents of the same student or students, and both 29 employees participate in the program established under 161.847, each employee shall be 30 allowed the four-hour maximum to participate in the program for the same student or 31 shared students, but wage calculation for the purposes of determining a taxpayer's 32 qualified amount shall be based on the hourly wages of the parent employee with the 33 lower compensation. 34 3. The cumulative amount of tax credits allowed to all qualified taxpayers under 35 this section shall not exceed ten million dollars per tax year. If the amount of tax credits 36 claimed in a tax year under this section exceeds ten million dollars, tax credits shall be 37 allowed based on the order in which they are claimed. 38 4. (1) Tax credits issued under the provisions of this section shall not be 39 refundable. 40 (2) No qualified taxpayer shall be allowed to claim a tax credit in excess of fifty 41 thousand dollars per tax year. 42 (3) An issued tax credit that cannot be redeemed in the tax year in which the 43 qualified taxpayer paid wages to a qualified taxpayer may be carried forward to the 44 four subsequent tax years until the full tax credit has been redeemed. 45 5. No tax credit claimed under this section shall be assigned, transferred, sold, or 46 otherwise conveyed. 47 6. The state department of elementary and secondary education shall establish a 48 procedure for tracking employees for which qualified taxpayers receive tax credits 49 under this section. 50 7. The department of revenue shall promulgate all necessary rules and 51 regulations for the administration of this section including, but not limited to, rules 52 relating to the verification of a taxpayer's qualified amount. Any rule or portion of a 53 rule, as that term is defined in section 536.010, that is created under the authority 54 delegated in this section shall become effective only if it complies with and is subject to HB 3260 3

55 all of the provisions of chapter 536 and, if applicable, section 536.028. This section and 56 chapter 536 are nonseverable and if any of the powers vested with the general assembly 57 pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul 58 a rule are subsequently held unconstitutional, then the grant of rulemaking authority 59 and any rule proposed or adopted after the effective date of this section shall be invalid 60 and void. 61 8. Under section 23.253 of the Missouri sunset act: 62 (1) The provisions of the new program authorized under this section shall sunset 63 six years after the effective date of this section unless reauthorized by an act of the 64 general assembly; 65 (2) This section shall terminate on September first of the calendar year 66 immediately following the calendar year in which the program authorized under this 67 section is sunset; and 68 (3) Nothing in this subsection shall prevent a taxpayer from redeeming a tax 69 credit properly issued before this program was sunset in a tax year after the program is 70 sunset. 161.847. 1. This section and section 135.1128 shall be known and may be cited as 2 the "Missouri Four For More Program". 3 2. As used in this section, the following terms mean: 4 (1) "Department", the state department of elementary and secondary education; 5 (2) "Employee", any individual employed by an employer for forty or more 6 hours per week; 7 (3) "Employer", one of the following individuals or entities with at least five 8 employees: 9 (a) An individual, partnership, association, corporation, limited liability 10 partnership or company, or any other person including, but not limited to, a person 11 or corporation operating a railroad or any public service corporation, that uses the 12 service of another for pay; and 13 (b) The state or any political subdivision thereof; 14 (4) "Parent", a parent, legal guardian, or other person having charge, control, 15 or custody of a student; 16 (5) "School", a public school as defined under section 160.011. 17 3. (1) There is hereby established the "Missouri Four For More Program" 18 within the department, which shall allow a parent of a student in kindergarten to grade 19 twelve to receive up to four hours of paid leave annually to work with the parent's 20 student in the student's school. HB 3260 4

21 (2) Such program shall be optional for each parent. Each participating parent 22 shall receive a written statement from the school district indicating the number of hours 23 such parent spent in the school working with the parent's student. 24 4. Notwithstanding any provision of section 105.1500 to the contrary, any 25 requirement to provide information, documents, or records under this section or section 26 135.1128, and any requirement established by the department of revenue or the 27 department of elementary and secondary education to provide information, documents, 28 or records for the purpose of administering and enforcing this section or section 29 135.1128 shall be exempt from section 105.1500. 30 5. The department may promulgate all necessary rules and regulations for the 31 administration of this section. Any rule or portion of a rule, as that term is defined in 32 section 536.010, that is created under the authority delegated in this section shall 33 become effective only if it complies with and is subject to all of the provisions of chapter 34 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable 35 and if any of the powers vested with the general assembly pursuant to chapter 536 to 36 review, to delay the effective date, or to disapprove and annul a rule are subsequently 37 held unconstitutional, then the grant of rulemaking authority and any rule proposed or 38 adopted after the effective date of this section shall be invalid and void. ✔

Statutes affected:
Introduced (6876H.01): 135.1128, 161.847