SB 156 Modifies various provisions pertaining to agriculture and the Department of Agriculture
Sponsor: Engler
LR Number: 0534L.07C Fiscal Note: 0534-15
Committee: Financial & Governmental Organizations and Elections
Last Action: 5/17/2007 - S requests H grant further conference Journal Page: S1888 / H2202
Title: HCS SCS SB 156 Calendar Position:
Effective Date: Varies
House Handler: Quinn

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Current Bill Summary


HCS/SCS/SB 156 - This act modifies provisions pertaining to agriculture and the Department of Agriculture.

SECTION 135.633

This section creates a tax credit for odor abatement activities by concentrated animal feeding operations, which shall expire on June 30, 2012. The tax credit shall be equal to either: 1) the lesser of fifty percent of the eligible expense incurred by a producer to achieve Managed Environment Livestock Operation (MELO) accreditation or fifty thousand dollars; or 2) the lesser of seventy-five percent of the eligible expense incurred by a producer to meet preferred environmental practices or seventy-five thousand dollars. The tax credit is fully transferable, non-refundable, and may be carried back three years or forward five years until fully claimed. The cumulative amount of tax credits issued by the Missouri Agricultural and Small Business Development Authority (MASBDA) to all taxpayers in any fiscal year shall not exceed $3 million.

SECTIONS 135.800-135.805

These sections make the Family Farm Breeding Livestock Loan tax credit subject to the same reporting requirements as what is required for agricultural tax credits under the Tax Credit Accountability Act. The sections also require new generation cooperatives to report under the Tax Credit Accountability Act, when an agricultural tax credit is issued as a result of a producer member investing in the cooperative. New generation cooperatives must operate within the state in order to be eligible for either the Agricultural Product Utilization Contributor tax credit or the New Generation Cooperative Incentive tax credit.

SECTION 142.028

Under current law, a qualified fuel ethanol producer is eligible for a monthly grant for fuel ethanol produced from Missouri agricultural products. This section allows such fuel ethanol to also be produced from biomass that is qualified by MASBDA in consultation with the Conservation Commission. Fuel ethanol grant incentives paid for fuel ethanol produced from biomass are authorized between January 1, 2008 and December 31, 2018, not to exceed $10 million per year.

SECTION 142.031

Under current law, the biodiesel producer monthly incentive payment is calculated based on the estimated number of gallons of biodiesel produced from agricultural products originating in Missouri. This section removes the in-state origination criteria and allows the incentive payment to be calculated based on the amount of biodiesel produced from agricultural products originating in any state.

SECTION 144.030

This section includes "trailers manufactured in Missouri" as part of the definition of "farm machinery and equipment" for which a sales tax exemption shall apply and authorizes the sales tax exemption for diesel fuel to include gasoline, kerosene, and other blended fuel if they are used exclusively for agricultural purposes.

SECTION 144.063

This section creates a sales tax exemption for the purchase of fencing materials for agricultural purposes and contains an emergency clause.

SECTIONS 261.035-261.239 and 265.200

These sections make the following name changes in the Department of Agriculture: the Marketing Division to the "Agriculture Business Development Division;" the Marketing Development Fund to the "Agriculture Business Development Fund;" the Missouri Agricultural Products Marketing Development Fund to the "AgriMissouri Fund;" and the Citizen's Advisory Commission for Marketing Missouri Agricultural Products to the "AgriMissouri Advisory Commission for Marketing Missouri Agricultural Products."

SECTION 262.261

This section creates the State Fair Escrow Fund to be maintained by the State Fair Commission. Ticket proceeds from state fair grandstand shows, arena events, and carnival rides shall be deposited into the fund. The fund may accept monies from gifts, contributions, and other sources. Monies in the fund are to be expended on entertainers, carnival contractors, workers, and other event promoters. The fund shall be retained outside the control of the state treasurer and shall not be subject to transfer to general revenue. The unexpended balance in the fund shall not exceed the preceding year’s expenditures.

SECTION 263.232

This section makes the plants spotted knapweed and sericea lespedeza subject to existing noxious weed control laws.

SECTION 265.525

This section establishes the Missouri Rice Certification Act, which prohibits the production, transporting, or handling of certain rice varieties except as provided in rules promulgated by the Department of Agriculture.

The Rice Advisory Council is created, made up of nine members with representation described. The Council may: identify and review rice varieties with characteristics of commercial impact; review terms and conditions of rice identity preservation programs; and make recommendations to the director of the Department of Agriculture.

The Department shall promulgate rules to implement the provisions of this section. The Department shall: prevent the contamination of rice that has not been identified as having characteristics of commercial impact; require certain notifications for producers, transporters, and receivers of rice with characteristics of commercial impact; enforce restrictions on rice with characteristics of commercial impact; and investigate alleged violations, issue written notices of violation, and impose penalties for violation.

The Department shall regularly report to the Rice Advisory Council with regard to rice varieties with the potential to have characteristics of commercial impact. Within 60 days of the receipt by the Department of any recommendation made by the Rice Advisory Council with regard to rice varieties that have unreasonable adverse impact on the environment or public health, the Department shall hold a public hearing. Within 30 days of any such hearing, the Department shall issue a detailed response to the Council's recommendation.

The penalty for violation shall be at least ten thousand dollars but not more than one hundred thousand dollars per day per violation. The provisions of this section become effective one hundred eighty days from the August 28, 2007.

SECTION 311.297

Wineries, distillers, manufacturers, wholesalers, or brewers may hold alcoholic beverage tastings off a licensed retail premises, provided no sales transactions take place. Alcoholic beverage tastings may be held by these same entities on temporarily licensed retail premises.

SECTIONS 340.335-340.405

Administration of the Large Animal Veterinary Medicine Loan Repayment Program is transferred from the Missouri Veterinary Medical Board to the Department of Agriculture. The number of veterinarians to whom repayment can be granted each year is increased from five to six and the number of years an individual must agree to work in an area of defined need is decreased from five to four. The maximum amount of loan repayment that may be paid on behalf an individual per year of service is increased from $10,000 to $20,000.

The Large Animal Veterinary Student Loan Program is created, which makes loans available to a maximum of six eligible students per year at the College of Veterinary Medicine at the University of Missouri-Columbia. A student may receive loan funding for each year he or she remains in good standing at the College, up to a maximum of $80,000. Loan principal and interest shall be forgiven provided the loan recipient practices large animal veterinary medicine in underserved areas of the state as determined by the Department. The program shall expire on June 30, 2013.

The director of the Department shall appoint an advisory panel to make recommendations regarding the administration of both the Large Animal Veterinary Medicine Loan Repayment Program and the Large Animal Veterinary Student Loan Program.

SECTIONS 348.230-348.235

MASBDA shall pay for the first full year of interest on any applicable Missouri linked deposit program loan, provided the loan pertains to the acquisition of dairy cows. MASBDA may charge a fee up to $50 for this service.

Subject to appropriation not exceeding $50,000, MASBDA shall award dairy business planning grants for up to $5,000 per grant or no greater than 90% of the cost of the plan, whichever is less. MASBDA may charge a fee up to $50 to apply for a grant. Eligible applicants for the grants shall be existing or start-up dairy operations in Missouri that are at least 51% owned by Missouri residents. MASBDA may promulgate rules for the grant program to establish eligibility and award criteria.

SECTIONS 348.430-348.432

These sections make the Family Farm Breeding Livestock Loan tax credit subject to the same reporting requirements as what is required for agricultural tax credits under the Tax Credit Accountability Act. New generation cooperatives shall also report under the Tax Credit Accountability Act, when an agricultural tax credit is issued as a result of a producer member investing in the cooperative. A new generation cooperative must operate within the state in order to be eligible for either the Agricultural Product Utilization Contributor tax credit or the New Generation Cooperative Incentive tax credit.

SECTION 348.434

This section increases from $6 million to $12 million the aggregate amount of tax credits that may be issued per fiscal year for the Agricultural Product Utilization Contributor tax credit and the New Generation Cooperative Incentive tax credit.

MASBDA is allowed to issue up to $1 million in Agricultural Product Utilization tax credits in any fiscal year to individuals contributing cash funds. Additional Agricultural Product Utilization tax credits may be issued in circumstances as described.

SECTION 348.505

The total cumulative amount of tax credits issued by MASBDA per fiscal year for interest waived for family farm livestock loans is increased from $150,000 to $1 million.

SECTION 414.420

The Missouri Ethanol and Other Renewable Fuel Sources Commission is renamed as the "Missouri Alternative Fuels Commission" and its membership is expanded from seven to nine members. The Commission shall: 1) make recommendations on legislation to facilitate the sale and distribution of alternative fuels and alternative fuel vehicles; 2) promote the production and use of alternative fuels; 3)promote the development and use of alternative fuel vehicles and other related technology; 4)educate consumers about alternative fuels; 5) develop a long-range plan to reduce petroleum fuel use; and 6) report annually to the Governor and General Assembly.

Provisions in this act are similar to HB 881, SB 643, SB 503, HCS/HB 709, SB 499, SB 571, HB 323, HB 711, HB 477, HB 841, SB 488, SB 79, HB 428, HB 244, SB 387, HB 44, HB 81, HB 693, SB 320, SB 444, SB 471, HB 346, and SB 489, all from year 2007.

ERIKA JAQUES