Missouri State Senate

House Committee Substitute

HCS/SB 342 - This act modifies provisions relating to agriculture.

FARMERS' MARKET TAX EXEMPTIONS: This act creates a state and local sales and use tax exemption, as described in the act, for farm products sold at a farmers' market. However, this exemption does not apply to any farmer with estimated total annual sales of twenty-five thousand dollars or more from participating in farmers' markets.

This section is identical to a provision contained in HCS/HB 927 (2013) and HCS/SCS/SB 9 (2013), and is similar to HB 342 (2013). (Section 144.527)

CAREER AND TECHNICAL EDUCATION ADVISORY COUNCIL: This act shall be known and may be cited as the Career and Technical Education Student Protection Act. This act establishes the Career and Technical Education Advisory Council. It repeals the State Advisory Committee for Vocational Education.

The advisory council will consist of eleven members, appointed by the Governor with the advice and consent of the Senate. Members will serve a term of five years, except for the initial appointees. Members will consist of the following individuals: a director or administrator of a career and technical education center; an individual from the business community with a background in commerce; three current or retired career and technical education teachers who serve or have served as an advisor to a career and technical education student organization; a representative from Linn State Technical College; a school administrator; a representative from a business organization; a representative from a community college; a representative from SEMO or UCM; and an individual participating in an apprenticeship recognized by the Missouri Department of Labor and Industrial Relations or approved by the United States Department of Labor's Office of Apprenticeship.

A director of career and guidance counseling at the Department of Elementary and Secondary education, the director of the Division of Workforce Development and one member of the Coordinating Board for Higher Education will serve as ex-officio members.

The Assistant Commissioner for the Office of College and Career Readiness of the Department of Elementary and Secondary Education will provide staff support to the advisory council. The advisory council must meet at least four times annually. Business coming before the advisory council, including all decisions, votes, exhibits, outcomes, and materials must be made available by free electronic record, as described in the act.

The advisory council must make an annual written report to the State Board of Education and the Commissioner of Education regarding the state budget for career and technical education. The advisory council must annually submit written recommendations to the State Board of Education and Commissioner of Education regarding the oversight and procedures for the handling of students career and technical education organization funds.

The advisory council must: develop a statewide short-range and long-range plan for career and technical education; identify legislative recommendations to improve career and technical education; promote coordination of existing career and technical education programs, as described in the act.

The Department of Elementary and Secondary Education must provide documentation and information to allow the advisory council to be effective.

This section is identical to SCS/SB 17 (2013) and a provision contained in HCS/SCS/SB 9 (2013), and is similar to HB 56 (2013) and HB 927 (2013). (Section 178.550)

COUNTY HEALTH CENTER BOARD ORDINANCES AND RULES: Beginning August 28, 2013, in any county where there is both a county commission and a county health center board, both entities are required to be in agreement when passing orders, ordinances, rules or regulations relating to public health and the prevention of infectious, contagious, communicable or dangerous diseases in the county. Each entity must pass, by recorded majority vote, identical orders, ordinances, rules or regulations. Either entity may initiate prosecution of violations of such jointly passed orders. County prosecutors cannot initiate a misdemeanor prosecution unless he or she has confirmed that the order, ordinance, rule or regulation has been adopted or promulgated in accordance with the procedures of this act.

This section is identical to a provision contained in HCS/HB 927 (2013) and HCS/SCS/SB 9 (2013). (Section 192.300)

DEFINITION OF EGGS: This act expands the definition of eggs from only chicken eggs to also include turkey, duck, goose, or guinea eggs that are intended for human consumption.

This section is identical to SB 329 (2013), HB 542 (2013), and a provision contained in HCS/HB 927 (2013)and HCS/SCS/SB 9 (2013). (Section 196.311)

UNIVERSITY OF MISSOURI EXTENSION DISTRICTS: This act allows University of Missouri extension councils, except for any council located in St. Louis County, to form extension districts made up of cooperating counties for the purpose of funding extension programming. An extension district can be a single-council district or a consolidated district, which would consist of two or more extension councils. A majority vote of each participating council is required to form an extension district.

In a single-council district, the existing University of Missouri extension council will serve as the extension district's governing body. In a consolidated district, the district's governing body will consist of three to five representatives appointed by each participating council. The powers and authorities granted to a district's governing body are described in the act.

The governing body of a district may submit a question to the voters of the district to institute a property tax levy in the district's counties. A property tax levy cannot exceed thirty cents per one hundred dollars of assessed valuation. In a single-county district, the property tax levy will be imposed if a majority of the voters vote in favor of it. In a consolidated district, the property tax levy will be imposed if a majority of the voters in each county in the district approves it. If one county does not approve it, the council in that county may withdraw from the district by a majority vote; upon such withdrawal, the district would be made up of the remaining counties and the tax would be imposed on them. However, if the county that did not approve the tax does not withdraw from the district, then the tax will not be imposed.

A single-council district for which a tax has not been levied may be dissolved in the same manner in which it was formed. A county may withdraw from a consolidated district at any time by filing a petition, as described in the act, with the circuit court having jurisdiction over the council. The court must hear evidence on the petition, and if it determines it is in the best interest of the county inhabitants, it must submit the question to the voters at the next general municipal election. If two-thirds of the voters vote in favor of withdrawing from the district, the court must issue an order withdrawing the county from the district. However, the withdrawal will not become effective until the following January 1 and the district will remain intact for the purposes of paying all outstanding and lawful obligations and to dispose of the district's property.

The governing body of any district may seek voter approval to increase its current tax rate, provided the tax will not exceed thirty cents per one hundred dollars of assessed valuation. The governing body must submit such a question to the voters at the next general municipal election. In a single-council district, if a majority of the voters in the county approve the question, the tax will be imposed. In a consolidated district, a majority of voters in the district is required.

Election costs are to be paid by the extension district, as provided in the act.

This section is identical to SCS/HCS/HB 202 (2013) and is substantially similar to SCS/SB 865 (2012) and is similar to HB 1895 (2012) and HCS/HB 1254 (2012). (Section 262.598)

RODEOS: This act guarantees the right to conduct and participate in rodeos. This guarantee excludes protections under Chapter 267 regarding diseased animals, and any reasonable restrictions regarding time, place, and manner consistent with other similar events. Promoters of rodeos shall be able to establish fees and set rules for qualifications and procedures for participation in rodeos.

This section is identical to HB 586 (2013) and a provision contained in HCS/HB 927 (2013) and HCS/SCS/SB 9 (2013). (Section 262.750)

CHILDREN PERFORMING AGRICULTURAL WORK: This act exempts farm work performed by children under the age of 16 from certain child labor requirements including: the obtaining of a work certificate; hours/days of performance; and certain prohibited hazardous jobs such as operating and maintaining power-driven machinery, climbing ladders, operating vehicles, and working with certain chemicals. This exemption only applies to children working on their own family farms and, when with the knowledge and consent of their parents, the family farms of others.

This section is identical to HB 334 (2013), SB 16 (2013) and provisions contained in HCS/HB 927 (2013), CCS/SS/SCS/HB 1073 (2012), HCS/SCS/SB 9 (2013), and HCS/HB 1254 (2012). (Section 262.795)

VIOLATIONS OF THE MISSOURI LIVESTOCK DISEASE CONTROL AND ERADICATION LAW: This act allows additional civil penalties to be imposed for violations of the Missouri Livestock Disease Control and Eradication Law. If the director of the Department of Agriculture determines that an individual has violated the law, the director will have authority to assess a civil penalty of not more than one thousand dollars per incident. If a person fails to pay a penalty or restitution, the director may apply to the Circuit Court of Cole County for an order to enforce the penalty or restitution.

This section is identical to a provision contained in HCS/HB 927 (2013) and HCS/SCS/SB 9 (2013). (Section 267.655)

WEIGHT LIMITS ON HIGHWAYS FOR AGRICULTURAL PRODUCTS: Under current law, the total gross weight of any vehicle hauling livestock may be as much as 85,000 pounds while operating on certain highways in certain areas. This act expands the scope of this 85,000 weight limitation to vehicles hauling agricultural products (excluding log trucks) and allows the weight on all highways except highways that are part of the Dwight D. Eisenhower System of Interstate and Defense Highways. Operators hauling greater than 80,000 pounds under this provision must annually apply for a permit from the Department of Transportation ($25 fee). Operators renewing the permit must submit a list of roads traveled and the number of miles traveled on each road during the year.

This section is identical to HB 1007 (2013) and a provision contained in HCS/HB 927 (2013), HCS/SCS/SB 9 (2013), and HCS/SB 51 (2013). (Section 304.180)

WEIGHT LIMITS FOR SOLID WASTE HAULERS: Under current law, trucks transporting solid waste between cities and solid waste processing facilities may operate with additional axle weight limits (22,400 pounds on one axle or 44,800 pounds on any tandem axle). Under this act, trucks transporting recyclable waste for the use in the production of animal feed between cities and recycling facilities may operate under the same axle weight limitations.

This section is identical to HB 487 (2013) and a provision contained in HCS/HB 927 (2013), HCS/SCS/SB 9 (2013), and HCS/SB 51 (2013). (Section 304.184)

MISSOURI AGRICULTURAL AND SMALL BUSINESS DEVELOPMENT AUTHORITY: Currently, the Missouri agricultural and small business development authority may issue loans for livestock feed and crop input to individuals for up to forty thousand dollars. This act raises the loan amount to one hundred thousand dollars.

This section is identical to SB 342 (2013), HB 412 (2013), and a provision contained in HCS/HB 927 (2013) and HCS/SCS/SB 9 (2013). (Section 348.521)

ALIEN OR FOREIGN BUSINESS OWNERSHIP OF AGRICULTURAL LAND: Generally, aliens and foreign businesses are prohibited from owning or having an interest in agricultural land, except as provided in sections 442.586 and 442.591. This act prohibits aliens or foreign businesses from owning agricultural land if the total aggregate alien and foreign ownership of agricultural acreage in Missouri exceeds one-half of one percent of the total aggregate agricultural acreage. Sale, transfer, or acquisition of any agricultural land must be approved by the director of the Department of Agriculture. (Sections 442.571 & 442.576)

STEALING OF LIVESTOCK: This act makes the stealing of any animal considered livestock, as defined in the act, a Class B felony.

This section is identical to a provision in HCS/HB 927 (2013) and HCS/SCS/SB 9 (2013). (Section 570.030)

CRIME OF ANIMAL NEGLECT: Currently, a person is guilty of animal neglect when he or she has custody, ownership, or both of an animal and fails to provide adequate care or adequate control that results in substantial harm to the animal. This act specifies that a person will be guilty of animal neglect if he or she has custody, ownership, or both and fails to provide adequate care.

The term custody applies only to an agent or employee of the owner who is in possession of the animal.

This section is identical to a provision in HCS/HB 927 (2013) and is similar to a provision contained in HB 564 (2013) and HCS/SCS/SB 9 (2013). (Section 578.009)

CRIME OF ANIMAL TRESPASS: This act creates the crime of animal trespass if a person having ownership or custody of an animal knowingly fails to provide adequate control for a period equal to or exceeding twelve hours. The first conviction for animal trespass is punishable by a fine not to exceed two hundred dollars. The second and subsequent convictions are a Class C misdemeanor punishable by imprisonment or a fine not to exceed five hundred dollars.

The term custody applies only to an agent or employee of the owner who is in possession of the animal.

This section is identical to a provision contained in HCS/HB 927 (2013) and HCS/SCS/SB 9 (2013), and is similar to HB 564 (2013). (Section 578.011)

CRIME OF ANIMAL ABUSE: Currently, a person is guilty of animal abuse when the person having ownership or custody of an animal knowingly fails to provide adequate care or adequate control. This act specifies that a person is guilty of animal abuse if a person having ownership or custody of an animal knowingly fails to provide adequate control that results in substantial harm to the animal.

The term custody applies only to an agent or employee of the owner who is in possession of the animal.

This section is identical to a provision contained in HCS/HB 927 (2013) and HCS/SCS/SB 9 (2013), and is similar to HB 564 (2013). (Section 578.012)

TESTING CATTLE FOR TRICHOMONIASIS: This act requires that any cattle initially testing positive for trichomoniasis to be retested within 10 days. If the producer does not have the cattle retested within 10 days, the animal shall be considered trichomoniasis positive. If the retest results are negative, the producer must have a third test conducted. If the results of the third test are negative, the animal shall be considered trichomoniasis negative. (Section 1)

SPECIES-SPECIFIC ANIMAL HEALTH ADVISORY COMMITTEE: This act requires the Department of Agriculture to establish a species-specific animal health advisory committee to assist in the development and evaluation of all animal health rules, regulations, and legislative positions. This act also requires that a representative meet with the Director of the Department of Agriculture, or his or her designee, on the first Tuesday of every month. (Section 2)

KAYLA CRIDER

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