SB 0740 Modifies various sections pertaining to agriculture programs
LR Number:2456L.06T Fiscal Note:2456-06
Committee:Agriculture, Conservation, Parks & Natural Resources
Last Action:06/23/04 - Signed by Governor Journal page:
Title:HCS SS SCS SBs 740, 886 & 1178
Effective Date:August 28, 2004
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Current Bill Summary

HCS/SS/SCS/SBs 740, 886 & 1178 - This act pertains to agriculture programs. A breakdown of the act follows:

SECTION 148.330 - Pertaining to agricultural tax credits. This section makes changes to subsection 4 of Section 148.330, RSMo, with regard to holding both schools and counties harmless with the apportioned moneys from the county stock insurance fund. Additional language was added that clarifies that the county stock insurance fund shall be included in the calculation of state revenue pursuant to article x, section 18, the Missouri Constitution. This section is similar to SB 740 and SB 84 (2003).

SECTION 261.115 - Records and documents submitted to the department of agriculture that may endanger the competitiveness of a business shall be deemed a "closed record".

SECTIONS 261.256 and 261.259 - Pertaining to grower's districts. This section creates voluntary districts for individuals who are owners or operators of land used in the cultivation of commercial crops within the physical boundaries of the district. These sections are similar to SB 886 and provisions (Sections 261.250 to 261.289) that were contained in SS/SCS/HCS/HB 257 (2003).

SECTION 263.534 - Pertaining to boll weevil eradication. This section allows the department of agriculture to attach an assessment lien to any cotton crop grown by the grower who has not paid the assessment levied under sections 263.500 ro 263.537 as well as the proceeds of the cotton sale; such lien shall be perfected sixty days after the department mails notice of the assessment. The department shall notify the farm service agency and first handlers of cotton of liens attached within thirty days of the date of perfection. This lien is not subject to the provisions of Article 9 of the UCC-Secured Transactions as embodied in sections 400.9-101 to 400.9-508 RSMo.

SECTION 265.475 - Pertaining to meat inspection programs. This section authorizes the director of the department of agriculture to promulgate regulations consistent with and equal to the Federal Meat Inspection Act, the Federal Poultry Products Inspection Act, and all other similar federal regulations.

SECTIONS 348.406 and 348.412 - Pertaining to the Agricultural Business Development Loan Program. This section allows the Missouri Agricultural and Small Business Development Authority (MASBDA) to issue certificates of guaranty covering a first loss up to but not more than fifty percent for eligible borrowers. This section states that outstanding guaranteed loans shall at no time exceed an amount which would allow immediate redemption of twenty percent of the outstanding loans guaranteed by the fund at any one time. This section is similar to SB 1178.

SECTIONS 348.430 to 348.432 - Pertaining to agricultural tax credits. These sections allow contributors to take the tax credits for new generation cooperatives and agricultural product utilization on a quarterly basis. Language clarifies that if a quarterly tax credit claim or series of claims contributes to causing an overpayment of taxes for a single year, such overpayment shall not be refunded but shall be applied to the next taxable year. An allowance is made for tax credits allowed under this section, for all fiscal years beginning on or after July 1, 2004, to be carried back to any of the contributor's three prior tax years and forward to any of the contributor's five subsequent taxable years - a change that mirrors the "carry back three prior tax years and forward any five" language already present in the new generation cooperative provision - new language also clarifies that the option can be entertained regardless of the type of tax liability to which such credits are applied. Current law states that these tax credits may be sold or transferred, new language states that the new owner of the tax credit shall have the same rights as the contributor. A change has been made to the new generation cooperative provision, the number of employees needed under the definition of "employee qualified capital project" has been changed from one hundred to sixty.

SECTION 537.115 - Pertaining to "Share the Harvest" program. New language has been added to the circumstances where criminal and civil liability are waived when venison is distributed by a charitable organization; the venison must be processed in a facility approved by the Missouri department of agriculture meat inspection program.

SECTIONS 267.470 to 267.556 - Obsolete provisions repealed with this act pertaining to animal health and inspections.