Development and implementation of grants and loans--fee authority'spowers--assistance to businesses--rules.
348.407. 1. The authority shall develop and implement agriculturalproducts utilization grants as provided in this section.
2. The authority may reject any application for grants pursuant tothis section.
3. The authority shall make grants, and may make loans or guaranteedloans from the grant fund to persons for the creation, development andoperation, for up to three years from the time of application approval, ofrural agricultural businesses whose projects add value to agriculturalproducts and aid the economy of a rural community.
4. The authority may, upon the provision of a fee by the requestingperson in an amount to be determined by the authority, provide for afeasibility study of the person's rural agricultural business concept.
5. Upon a determination by the authority that such concept isfeasible and upon the provision of a fee by the requesting person, in anamount to be determined by the authority, the authority may then providefor a marketing study. Such marketing study shall be designed to determinewhether such concept may be operated profitably.
6. Upon a determination by the authority that the concept may beoperated profitably, the authority may provide for legal assistance to setup the business. Such legal assistance shall include, but not be limitedto, providing advice and assistance on the form of business entity, theavailability of tax credits and other assistance for which the business mayqualify as well as helping the person apply for such assistance.
7. The authority may provide or facilitate loans or guaranteed loansfor the business including, but not limited to, loans from the UnitedStates Department of Agriculture Rural Development Program, subject toavailability. Such financial assistance may only be provided to feasibleprojects, and for an amount that is the least amount necessary to cause theproject to occur, as determined by the authority. The authority maystructure the financial assistance in a way that facilitates the project,but also provides for a compensatory return on investment or loan paymentto the authority, based on the risk of the project.
8. The authority may provide for consulting services in the buildingof the physical facilities of the business.
9. The authority may provide for consulting services in the operationof the business.
10. The authority may provide for such services through employees ofthe state or by contracting with private entities.
11. The authority may consider the following in making the decision:
(1) The applicant's commitment to the project through the applicant'srisk;
(2) Community involvement and support;
(3) The phase the project is in on an annual basis;
(4) The leaders and consultants chosen to direct the project;
(5) The amount needed for the project to achieve the bankable stage;and
(6) The projects planning for long-term success through feasibilitystudies, marketing plans and business plans.
12. The department of agriculture, the department of naturalresources, the department of economic development and the University ofMissouri may provide such assistance as is necessary for the implementationand operation of this section. The authority may consult with other stateand federal agencies as is necessary.
13. The authority may charge fees for the provision of any servicepursuant to this section.
14. The authority may adopt rules to implement the provisions of thissection.
15. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in sections348.005 to 348.180 shall become effective only if it complies with and issubject to all of the provisions of chapter 536, RSMo, and, if applicable,section 536.028, RSMo. All rulemaking authority delegated prior to August28, 1999, is of no force and effect and repealed. Nothing in this sectionshall be interpreted to repeal or affect the validity of any rule filed oradopted prior to August 28, 1999, if it fully complied with all applicableprovisions of law. This section and chapter 536, RSMo, are nonseverableand if any of the powers vested with the general assembly pursuant tochapter 536, RSMo, to review, to delay the effective date or to disapproveand annul a rule are subsequently held unconstitutional, then the grant ofrulemaking authority and any rule proposed or adopted after August 28,1999, shall be invalid and void.
Development and implementation of grants and loans--fee authority'spowers--assistance to businesses--rules.
348.407. 1. The authority shall develop and implement agriculturalproducts utilization grants as provided in this section.
2. The authority may reject any application for grants pursuant tothis section.
3. The authority shall make grants, and may make loans or guaranteedloans from the grant fund to persons for the creation, development andoperation, for up to three years from the time of application approval, ofrural agricultural businesses whose projects add value to agriculturalproducts and aid the economy of a rural community.
4. The authority may, upon the provision of a fee by the requestingperson in an amount to be determined by the authority, provide for afeasibility study of the person's rural agricultural business concept.
5. Upon a determination by the authority that such concept isfeasible and upon the provision of a fee by the requesting person, in anamount to be determined by the authority, the authority may then providefor a marketing study. Such marketing study shall be designed to determinewhether such concept may be operated profitably.
6. Upon a determination by the authority that the concept may beoperated profitably, the authority may provide for legal assistance to setup the business. Such legal assistance shall include, but not be limitedto, providing advice and assistance on the form of business entity, theavailability of tax credits and other assistance for which the business mayqualify as well as helping the person apply for such assistance.
7. The authority may provide or facilitate loans or guaranteed loansfor the business including, but not limited to, loans from the UnitedStates Department of Agriculture Rural Development Program, subject toavailability. Such financial assistance may only be provided to feasibleprojects, and for an amount that is the least amount necessary to cause theproject to occur, as determined by the authority. The authority maystructure the financial assistance in a way that facilitates the project,but also provides for a compensatory return on investment or loan paymentto the authority, based on the risk of the project.
8. The authority may provide for consulting services in the buildingof the physical facilities of the business.
9. The authority may provide for consulting services in the operationof the business.
10. The authority may provide for such services through employees ofthe state or by contracting with private entities.
11. The authority may consider the following in making the decision:
(1) The applicant's commitment to the project through the applicant'srisk;
(2) Community involvement and support;
(3) The phase the project is in on an annual basis;
(4) The leaders and consultants chosen to direct the project;
(5) The amount needed for the project to achieve the bankable stage;and
(6) The projects planning for long-term success through feasibilitystudies, marketing plans and business plans.
12. The department of agriculture, the department of naturalresources, the department of economic development and the University ofMissouri may provide such assistance as is necessary for the implementationand operation of this section. The authority may consult with other stateand federal agencies as is necessary.
13. The authority may charge fees for the provision of any servicepursuant to this section.
14. The authority may adopt rules to implement the provisions of thissection.
15. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in sections348.005 to 348.180 shall become effective only if it complies with and issubject to all of the provisions of chapter 536, RSMo, and, if applicable,section 536.028, RSMo. All rulemaking authority delegated prior to August28, 1999, is of no force and effect and repealed. Nothing in this sectionshall be interpreted to repeal or affect the validity of any rule filed oradopted prior to August 28, 1999, if it fully complied with all applicableprovisions of law. This section and chapter 536, RSMo, are nonseverableand if any of the powers vested with the general assembly pursuant tochapter 536, RSMo, to review, to delay the effective date or to disapproveand annul a rule are subsequently held unconstitutional, then the grant ofrulemaking authority and any rule proposed or adopted after August 28,1999, shall be invalid and void.
Development and implementation of grants and loans--fee authority'spowers--assistance to businesses--rules.
348.407. 1. The authority shall develop and implement agriculturalproducts utilization grants as provided in this section.
2. The authority may reject any application for grants pursuant tothis section.
3. The authority shall make grants, and may make loans or guaranteedloans from the grant fund to persons for the creation, development andoperation, for up to three years from the time of application approval, ofrural agricultural businesses whose projects add value to agriculturalproducts and aid the economy of a rural community.
4. The authority may, upon the provision of a fee by the requestingperson in an amount to be determined by the authority, provide for afeasibility study of the person's rural agricultural business concept.
5. Upon a determination by the authority that such concept isfeasible and upon the provision of a fee by the requesting person, in anamount to be determined by the authority, the authority may then providefor a marketing study. Such marketing study shall be designed to determinewhether such concept may be operated profitably.
6. Upon a determination by the authority that the concept may beoperated profitably, the authority may provide for legal assistance to setup the business. Such legal assistance shall include, but not be limitedto, providing advice and assistance on the form of business entity, theavailability of tax credits and other assistance for which the business mayqualify as well as helping the person apply for such assistance.
7. The authority may provide or facilitate loans or guaranteed loansfor the business including, but not limited to, loans from the UnitedStates Department of Agriculture Rural Development Program, subject toavailability. Such financial assistance may only be provided to feasibleprojects, and for an amount that is the least amount necessary to cause theproject to occur, as determined by the authority. The authority maystructure the financial assistance in a way that facilitates the project,but also provides for a compensatory return on investment or loan paymentto the authority, based on the risk of the project.
8. The authority may provide for consulting services in the buildingof the physical facilities of the business.
9. The authority may provide for consulting services in the operationof the business.
10. The authority may provide for such services through employees ofthe state or by contracting with private entities.
11. The authority may consider the following in making the decision:
(1) The applicant's commitment to the project through the applicant'srisk;
(2) Community involvement and support;
(3) The phase the project is in on an annual basis;
(4) The leaders and consultants chosen to direct the project;
(5) The amount needed for the project to achieve the bankable stage;and
(6) The projects planning for long-term success through feasibilitystudies, marketing plans and business plans.
12. The department of agriculture, the department of naturalresources, the department of economic development and the University ofMissouri may provide such assistance as is necessary for the implementationand operation of this section. The authority may consult with other stateand federal agencies as is necessary.
13. The authority may charge fees for the provision of any servicepursuant to this section.
14. The authority may adopt rules to implement the provisions of thissection.
15. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in sections348.005 to 348.180 shall become effective only if it complies with and issubject to all of the provisions of chapter 536, RSMo, and, if applicable,section 536.028, RSMo. All rulemaking authority delegated prior to August28, 1999, is of no force and effect and repealed. Nothing in this sectionshall be interpreted to repeal or affect the validity of any rule filed oradopted prior to August 28, 1999, if it fully complied with all applicableprovisions of law. This section and chapter 536, RSMo, are nonseverableand if any of the powers vested with the general assembly pursuant tochapter 536, RSMo, to review, to delay the effective date or to disapproveand annul a rule are subsequently held unconstitutional, then the grant ofrulemaking authority and any rule proposed or adopted after August 28,1999, shall be invalid and void.
