135.715.  Tax credit, cumulative amount — limitation on number of organizations — board established, members, powers and duties — deposit of moneys in fund — definition. — 1.  The cumulative amount of tax credits that may be allocated to all taxpayers contributing to educational assistance organizations in the first year of the program shall not exceed twenty-five million dollars.

  2.  The state treasurer shall limit the number of educational assistance organizations that are certified to administer scholarship accounts to no more than ten such organizations in any single school year.  If the total contributions to educational assistance organizations exceed twenty-five million dollars in any school year, the state treasurer may certify one additional educational assistance organization to administer scholarship accounts.  No more than seven of such organizations shall have their principal place of business in:

  (1)  A county of the first classification with more than two hundred sixty thousand but fewer than three hundred thousand inhabitants;

  (2)  A county with a charter form of government and with more than six hundred thousand but fewer than seven hundred thousand inhabitants;

  (3)  A county with a charter form of government and with more than three hundred thousand but fewer than four hundred fifty thousand inhabitants;

  (4)  A county with a charter form of government and with more than nine hundred fifty thousand inhabitants; or

  (5)  A city not within a county.

  3.  The state treasurer may delegate any duties assigned to the state treasurer under sections 135.712 to 135.719 and sections 166.700 to 166.720 to the "Missouri Empowerment Scholarship Accounts Board", which is hereby established.  The Missouri empowerment scholarship accounts board shall consist of the state treasurer, who shall serve as chair, the commissioner of the department of higher education and workforce development, the commissioner of education, one member appointed by the president pro tempore of the senate, one member appointed by the speaker of the house of representatives, one member appointed by the governor with the advice and consent of the senate, and one member appointed by the six aforementioned board members who is an employee of an educational assistance organization and whose responsibilities are directly related to such organization's involvement in the empowerment scholarship accounts program.  The appointed members shall serve terms of four years or until their successors have been appointed and qualified.  The board shall have all powers and duties assigned to the state treasurer under sections 135.712 to 135.719 and sections 166.700 to 166.720 that are delegated to the board by the state treasurer.  The board shall assist the state treasurer with data collection, collaboration with the department of elementary and secondary education, making recommendations to the state treasurer regarding the promulgation of rules concerning the program.  Members of the board shall not receive compensation for their service, but may receive reimbursement for necessary expenses.

  4.  Notwithstanding the provisions of subsection 7 of section 135.716 to the contrary, four percent of the total qualifying contributions received by each educational assistance organization per calendar year shall be deposited in the Missouri empowerment scholarship accounts fund to be used by the state treasurer for marketing and administrative expenses or the costs incurred in administering the program, whichever is less.

  5.  Notwithstanding the provisions of subdivision (5) of subsection 2 of section 135.712 to the contrary, the term "qualifying contribution" shall mean a donation of cash, including, but not limited to, checks drawn on a banking institution located in the continental United States in U.S. dollars (other than cashier checks, or third-party checks exceeding ten thousand dollars), money orders, payroll deductions, and electronic fund transfers.  This term shall not include stocks, bonds, other marketable securities, or property.