SB 795 Modifies various provisions regarding animals and agriculture
Sponsor: Mayer Co-Sponsor(s)
LR Number: 4396L.06T Fiscal Note: 4396-06T.ORG
Committee: Agriculture, Food Production and Outdoor Resources
Last Action: 5/25/2010 - Delivered to Governor Journal Page: S1950
Title: CCS HCS SB 795 Calendar Position:
Effective Date: EC for various sections
House Handler: Loehner

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Current Bill Summary

CCS/HCS/SB 795 - This act modifies various provisions regarding animals and agriculture.

(SECTIONS 196.316, 261.200, 281.260, 311.550)

This act creates the Agriculture Protection Fund. All fees collected and assessed by the Department of Agriculture which are not already credited to a program-specific purpose shall be placed into the fund. Fees related to egg licenses, the sale of wine, and pesticide registration are specifically directed to be credited to the Agriculture Protection Fund.

The Agriculture Protection Fund shall only be used for Department of Agriculture functions and responsibilities. The act specifies that money in the Agriculture Protection Fund shall be used for administration of the program from which the fee was collected, except for fees related to the sale of wine. Any remaining balance in the fund shall not be subject to the biennial sweep.

Under current law, the fee for registering a pesticide in Missouri is $15 per year and there is a late charge of $5 assessed for any pesticide not registered by January 1st. This act increases the registration fee to $150 per year and the late charge to $50. If the funding from this fee or from the late charge fee exceeds the reasonable cost to administer the pest and pesticide programs, the Department of Agriculture is required to reduce fees for all registrants.

These provisions are similar to SCS/SB 622 (2010).

(SECTION 246.310)

Under current law, farmland is provided an exemption under the farmland protection act from being subject to water and sewer district assessments until the property is connected to the water or sewer system. The amendment specifies that this exemption does not apply to drainage and levee districts.

This section is similar to a provision of SCS/HCS/HB 1316 (2010), and identical to a provision of SS/SCS/HCS#2/HBs 1692, 1209, 1405, 1499, 1535, & 1811 (2010), HCS/SS/SCS/SB 580 (2010), HCS/SCS/SB 887 (2010), and HCS/SB 893 (2010).

(SECTION 266.355)

Equipment which is in use for storage of anhydrous ammonia as of August 28, 2010 and which is found by the Department of Agriculture to be in substantial compliance with generally accepted safety standards will not be subject to state regulations covering the storing and handing of anhydrous ammonia. The Department of Agriculture is required to adopt the 1999 American National Standards Institute standard for storage and handling of anhydrous ammonia, but the department is not allowed to adopt this standard before December 1, 2012.

(SECTIONS 270.260, 270.270, 270.400)

This act makes it a crime to recklessly release swine upon any public land or private land not completely enclosed by a fence. A person will be guilty of a Class D felony if they commit a third offense of releasing swine within ten years of their first offense.

The act also makes possessing or transporting a live Russian or European wild boar or wild-caught swine on public land a Class A misdemeanor and also allows for the assessment of an administrative penalty of up to 1,000 dollars per violation.

The Department of Agriculture is required to make rules for fencing and health standards for Russian and European wild boar and wild-caught swine held on private land. Individuals who hold these types of wild boars or swine on private land are required to get annual permits from the department of agriculture. These types of wild boars and swine may only be transported from farm to farm, directly to slaughter, or to a slaughter-only market.

The Animal Health fund is created to consist of all the fees collected by the department based on these permits and administrative penalties.

These provisions are similar to HCS/HB 2225 (2010) and HCS/SB 824 (2010).

(SECTIONS 273.327, 273.329)

Currently, animal shelters are exempt from paying a licensing fee to the Department of Agriculture. This act eliminates this exemption.

The Department of Agriculture is prohibited from hiring, contracting with, or otherwise using the services of the personnel of any non-profit organization for the purpose of inspecting or licensing shelters, pounds, kennels, breeders, and pet shops.

These provisions are identical to HCS/HB 2102 (2010), provisions of HCS/HB 1833 (2010), HCS/SB 824 (2010), HCS#2/SB 848 (2010).

(SECTION 274.180)

This act specifies that cooperative associations pay ten dollars annually, in lieu of state sales taxes.

This provision of law has an emergency clause.

This section is similar to HCS/SB 824 (2010).

(SECTIONS 319.306 and 319.321)

This act exempts individuals who use explosive materials to unblock clogged screens of agricultural irrigation wells within the Southeast Missouri Regional Water District from having to obtain a blaster's license. The act also exempts any person using explosives in this manner from having to calculate the scaled distance to the nearest uncontrolled structure, from having to use a seismograph to record ground vibration and acoustic levels, from having to retain seismograph recordings and accompanying records for three years, and from having to register with the Division of Fire Safety and file an annual report.

These provisions are similar to HB 1455 (2010) and identical to provisions of HCS/SB 824 (2010).

(SECTIONS 393.1025 and 393.1030)

This act requires the Public Service Commission and the Department of Natural Resources to consider methane from agricultural operations and thermal depolymerization or pyrolysis for converting waste material to energy as renewable energy resources for the purposes of requirements that electric utilities generate or purchase a certain percent of their electricity from renewable energy resources.

These provisions are identical to provisions of HCS#2/SB 848 (2010).

(SECTIONS 578.600, 578.602, 578.604, 578.606, 578.608, 578.610, 578.612, 578.614, 578.616, 578.618, 578.620, 578.622, 578.624, Section 1)

This act creates the Large Carnivore Act. Except as permitted in the act, the act prohibits the owning, breeding, possession, transferring of ownership, or transporting of "large carnivores," defined as certain non-native cats of the Felidae family or any species of non-native bear held in captivity.

Persons possessing, breeding, or transporting large carnivores on or after January 1, 2012, must apply for a permit for each such large carnivore from the Department of Agriculture. The fee for the permit shall not exceed $2,500 and the permit shall list certain information about the location, identification, and veterinary care of the large carnivore. The veterinarian identified in the permit must: insert an identification number in the animal via subcutaneous microchip, collect a DNA sample, provide a written summary of the animal's physical exam, and provide a signed health certificate as required for transport of the animal. The department may charge up to $500 for annual renewal of the permit. Certain individuals are ineligible for a permit.

The act requires any person who owns, possesses, breeds or sells a large carnivore to adhere to all United States Department of Agriculture regulations and standards. The state department of agriculture must be informed in the event of the animal's death.

A person may kill a large carnivore without civil liability if the person believes the carnivore is attacking or killing another person, livestock, or a mammalian pet, if the pet is being attacked outside the large carnivore's enclosure.

Any person who owns or possesses a large carnivore is liable in a civil action for the death or injury of a human or another animal and for any property damage caused by the large carnivore. If a large carnivore escapes or is released intentionally or unintentionally, the owner is required to immediately notify law enforcement and is liable for all expenses associated with the efforts to recapture the large carnivore. As a condition of being permitted to own a large carnivore, the owner is required to show proof of having liability insurance in an amount of not less than $250,000.

Individuals who intentionally release a large carnivore shall be guilty of a Class D felony. Other violations of this act shall be a Class A misdemeanor. The penalty for violating the act may also include community service, loss of privilege to own or possess an animal, and civil forfeiture of any large carnivore.

The requirements of the act are in addition to any applicable state or federal laws and do not preclude any political subdivision from adopting more restrictive laws. Certain entities, law enforcement officials, animal control officers, and veterinarians are exempt from the permit and ID chip requirements of the act. The act does not apply to circuses, the College of Veterinary Medicine at the University of Missouri-Columbia, or to certain zoological parks.

The act creates the Large Carnivore fund for the deposit of gifts, donations, bequests, or appropriations.

These provisions are similar to HB 1288 (2010), SB 832 (2010), HCS/HB 426 (2009), SB 206 (2007) and the perfected HB 1441 (2006).