HB 0453 (Truly Agreed) Modifies various provisions relating to commerce
Current Bill Summary
- Prepared by Senate Research -

CCS/SS/SCS/HB 453 - This act revises various commerce provisions.

ELECTRONIC STORAGE OF RECORDS - This act expands the method for electronic storage of business and public records to include computer-generated electronic or digital retrieval systems. It also requires deposit into the State Document Preservation Fund of all fees collected by the Archives Division of the Secretary of State's Office. These provisions are similar to SB 72.

SEMA - This act extends the collection of fees for the State Emergency Management Agency from companies that use and store hazardous chemicals. The current date for ending the fees is ten years from August 28, 1992. This act will make the ending date twenty years from August 28, 1992. These provisions are similar to SB 422 (2001).

PETROLEUM STORAGE TANK INSURANCE FUND - This act will extend the existence of the petroleum storage tank insurance fund from 2003 to 2010 and will allow the Board of Trustees to function to resolve claims made prior to December 31, 2010. Subject to regulation of the Board, the act will allow owners and operators to continue participating in the fund even after they have transferred their property to another person. The act removes the requirement that the Board certify that the petroleum tanks are in compliance with technical standards established by the EPA regarding spill prevention.

The method for the Board setting the rate of the surcharge is changed from being set by rule to being set in a public meeting with an opportunity for public comment. The Board may adjust the surcharge from $25 to a maximum of $60, however the increases cannot exceed $15 per year. If the fund's balance exceeds its liabilities by 10 percent on the first day of any month, the surcharge reverts to $25 per load 2 months later. Any person who claims to have paid a surcharge may file a claim for a refund. Invoices for services must be presented to the Board for review. An annual audit of the fund must be performed.

These provisions are similar to SCS/HB 453, SB 310, HB 758 & HB 327 (2001).

SECRETARY OF STATE'S TECHNOLOGY TRUST FUND ACCOUNT - This act sets a termination date for the collection of additional fees to be deposited in the Secretary of State's Technology Trust Fund Account of December 31, 2009. These provisions are contained in SB 72, SB 288 and HB 938 (2001).

BIODIESEL - School districts, for school years 2002-2003 and lasting through 2005-2006, are allowed to establish contracts with nonprofit, farmer-owned new generation cooperatives to supply bus fuel containing at least 20% biodiesel. Subject to appropriation, districts that establish contracts will receive additional state school aid for costs above the rack price for regular diesel fuel. Initial statewide payments are capped at 0.07% of the 1998-1999 entitlement for state transportation aid, but may be increased by 4% each year. This portion of the act is similar to SB 615, SB 462 and HB 868 (2001).

SELF SERVICE STORAGE FEES - This act allows self-service storage facilities to charge occupants a late fee for failing to pay rent on time. The late fee charged by the operator must be stated in the rental agreement or addendum to be collected. A late fee of 20 dollars or 20 percent of the monthly rent shall be deemed reasonable. If an operator charges a different late fee, the operator will have the burden of proving that the fee is reasonable. Reasonable rent collection and lien enforcement expenses may be recovered in addition to late fees. These provisions are similar to SB 297.

SURFACE MINING - The length of validity for surface mining permits is changed from one year to the date specified in the mine plan but permits will need to be renewed annually. This act clarifies the timing of certain notice and publication requirements during the application process and revises the fee structure. The act transfers certain authorities of the commission to the Director of the Land Reclamation Commission. The public hearing provisions are changed to allow a public meeting or a formal public hearing. However, administrative procedures will not apply to public meetings. Individuals are allowed to request a formal public hearing if a public meeting does not resolve the concerns.

Operators would be required to employ erosion control measures on overburden stockpiles if the erosion is causing environmental damage. The time period for the commencement of reclamation is clarified to commence when mining is deemed complete. Mining would not be complete if credible evidence is presented that viable mineral reserves are present. These provisions of this act are similar to SB 415 and HB 239 (2001).

ADVISORY COMMITTEE FOR ELECTRONIC COMMERCE - This act establishes the Advisory Committee for Electronic Commerce within the Department of Economic Development (DED) for the purpose of advising state agencies on issues related to electronic commerce. The Director of DED chairs the Committee and appoints other members in accordance with certain specified criteria. Members are appointed for two-year terms and the Committee is required to meet at least twice per year. These provisions are similar to SB 293 (2001).

AIR EMISSIONS BANKING - This act requires the Missouri Air Conservation Commission to establish emissions trading programs to achieve the national air standards required under the federal Clean Air Act. The Commission shall consider certain factors listed in the act in establishing the program. The program shall apply in "non-attainment areas", which are areas in which the air does not meet one or more of the National Ambient Air Quality Standards.

Under the program, owners of air pollutant sources located in nonattainment areas may document permanent, measurable and federally-approved reductions in emissions and receive credits for the reductions. The credits may be traded or transferred to other air pollutant sources within the same nonattainment area in which the emissions reduction occurred, but only if there will be no adverse impact on air quality. Creditable reductions shall only be given for emission reductions that occur after the effective date of the act. In nonattainment areas, the banked credits shall be reduced each year by three percent as long as the area remains classified as a nonattainment area.

The Department of Natural Resources shall register credits and administer the Missouri emissions bank. These provisions are similar to SB 374 (2001).

EPAct - An EPAct credit banking and selling program is established to allow purchase of biodiesel fuel for state vehicles. This provision is also contained in CCS/HCS/SS/SB 244 (TAT).

SOFT DRINK AND BEVERAGE MANUFACTURERS - Will be exempted from sections 196.365 to 196.445 if the manufacturer satisfies all applicable FDA regulations.

DEPARTMENT OF NATURAL RESOURCES - DNR is required to certify, without conditions, any nationwide permits for the construction of highways and bridges approved by the Missouri Highways and Transportation Commission for permits under section 404 of the Clean Water Act, as such permits apply to impacts on waters of the state.

TAX CREDITS - Creates tax credits and exemptions for the Harley- Davidson plant in Kansas City. Current law requires that fifteen percent (15%) of the employees must meet certain eligibility requirements in order for the new business facility to be granted the tax credits and exemptions available to a business located within an Enterprise Zone.

This act broadens the class of employees who count toward achieving the fifteen-percent requirement, in that it allows Harley-Davidson to count current employees who resided within the Enterprise Zone on the initial date of their employment and for 90 days thereafter regardless of whether the employee continues to reside within the Enterprise Zone on the date of the count, as long as the employee continues to reside in Missouri. These provisions are similar to SB 392 and contained in TAT SS/HCS/HB 738 (2001).

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