HCS/SCS/SB 131 - This act modifies provisions relating to agriculture.
ALTERNATIVE FUEL VEHICLE TAX CREDITS (Sections 135.710 & 135.711) - This act creates a tax credit for purchasing a new alternative fuel vehicle. The amount of the credit varies depending upon the weight of the vehicle as set forth in this act. Further, any alternative fuel vehicle that uses a qualified motor fuel may exceed the maximum vehicle weight limit prescribed by law by 2,000 pounds.
Currently, the alternative fuel vehicle refueling property tax credit has a cumulative cap of $1 million for all tax credits claimed. Under this act, this cap will apply jointly with a tax credit for purchasing an alternative fuel vehicle.
This program will sunset on December 31, 2021.
These provisions are identical to provisions contained in SCS/HCS/HB 388 (2015), the perfected HB 854 (2015), SCS/HCS/HB 882 (2015), and are substantially similar to provisions contained in HB 664 (2015) and HB 1005 (2015).
ETHANOL PRODUCERS (Section 142.029) - Currently, the economic subsidies that are available to Missouri qualified fuel ethanol producers will expire on December 31, 2015. This act extends this expiration date to 2019.
This provision is identical to SB 371 (2015), the perfected HB 854 (2015), and provisions contained in SCS/HCS/HB 388 (2015) and HCS/SB 500 (2015). This provision is similar to a provision contained in SCS/HCS/HB 882 (2015).
AGRICULTURAL PRODUCERS TAX DEDUCTION (Section 143.121) - This act creates an income tax deduction for payments received as part of a program that compensates agricultural producers who have suffered a loss due to disaster or emergency. The deduction will be available for all tax years beginning on or after January 1, 2014.
This provision is identical to a provision contained in HCS/SB 500 (2015), is substantially similar to SCS/SB 374 (2015), and is similar to HB 771 (2015).
AGRIMISSOURI TRADEMARK (Section 261.235) - Currently, the AgriMissouri Advisory Commission for Marketing Missouri Agricultural Products may establish a fee structure for sellers electing to use the AgriMissouri trademark associated with Missouri agricultural products with the fee varying depending upon the amount of the seller's gross annual sales. Under this act, the provisions regarding the fee structure varying depending upon the amount of the seller's gross annual sales are repealed, and instead this act allows the AgriMissouri Advisory Commission to adopt a fee structure so long as the fees established and collected do not yield revenue greater than the costs of administering the objectives of the AgriMissouri Advisory Commission and the AgriMissouri trademark to sellers using the trademark in the ensuing year.
This provision is identical to SB 361 (2015), and provisions contained in SCS/HCS/HB 882 (2015) and HB 233 (2015).
AGRI-READY COUNTY DESIGNATION PROGRAM (Section 261.320) - This act establishes the Agri-Ready County Designation Program within the Department of Agriculture. In order to qualify as an Agri-Ready County, a county shall not perform certain acts as set forth in this act. Further, Agri-Ready Counties shall allow land application of nutrients and crop protection products at a rate no less than the minimum agronomic rate. Any county that receives a designation as an Agri-Ready County from the Department of Agriculture shall submit an annual report to the Department detailing certain information as required under this act. If the Department of Agriculture determines that a county no longer meets the requirements of an Agri-Ready County, the Department may withdraw the Agri-Ready County designation.
This act requires that the Department of Agriculture develop an Agri-Ready County logo and maintain a list of all Agri-Ready Counties on its website. Such logo may be used by designated counties on any sign, brochure, website, or other marketing material. This act also allows such Agri-Ready Counties to request from the Department of Transportation a sign that shows such Agri-Ready County designation with the costs borne by the county making such request. Further, this act sets grant proposal evaluation criteria for the Department of Agriculture, Department of Natural Resources, and the Department of Economic Development by adding certain points to proposals with an Agri-Ready affiliation.
This provision is identical to a provision contained in HCS/HB 882 (2015).
PROCESSING OF CAPTIVE CERVIDS (Section 265.475) - This act allows any meat processor that is inspected by the U.S. Department of Agriculture to process captive cervids for human consumption if the cervids are from a herd that participates in a herd certification program. The sale of such captive cervid meat shall not be prohibited under this act. Under this act, licensed hunting preserves and deer breeders may process captive cervids any time of the year at a licensed facility.
This provision is similar to HB 1096 (2015) and a provision contained in HCS/SB 500 (2015).
FERTILIZER CONTROL BOARD (Sections 266.301-266.347) - This act repeals the advisory council to the Director of the Missouri agriculture experiment station and establishes the Fertilizer Control Board. The Board shall be composed of 13 members, 5 of which shall be nominated by the nonprofit corporation organized under Missouri law to promote the interests of the fertilizer industry, 5 of which shall be nominated by Missouri not-for-profit corporations that represent farmers, and 3 shall be at-large members. The filling of vacancies, the selection of officers, and meeting conduct shall be outlined in the bylaws established by the Board. The board shall perform certain criteria as set forth in this act. Agents of the Fertilizer Control Board are also authorized to perform certain duties as set forth in this act.
Where a preliminary analysis shows a potential deficiency, the distributor shall be provided notification within 2 business days by phone or email, in addition to a letter delivered by mail. Once the analysis is certified, a certification of the penalties assessed shall be mailed to the distributor liable for the penalty. Under this act, total penalties assessed to a fertilizer distributor shall not exceed $5,000 per year, or the amount of the current value of the plant food deficiency, whichever is greater. A fertilizer distributor who knowingly violates provisions of law relating to fertilizers shall be assessed a penalty of not more than $25,000 for each offense.
These provisions are identical to SB 469 (2015) and SCS/HB 100 (2015), and are substantially similar to HB 997 (2015).
ANIMAL DATA (Section 267.169) - Under this act, certain data relating to animals shall not be subject to disclosure except under certain animal health outbreaks. Any unauthorized release of such data may be the subject of civil action. A court may order damage up to $10,000, reasonable attorney's fees, and any injunctive relief the court deems necessary.
This act is identical to HCS/HB 479 (2015), and is similar to HCS/SCS/SB 506 (2014), and HB 2094 (2014).
BAR ON STRICT LIABILITY FOR LIVESTOCK TRESPASS (Sections 272.030-272.230) - Current law provides the available remedies for when a horse, cattle or other stock breaks through a fence and trespasses on another person's property. This act repeals the current law and provides that the owner of any livestock that trespasses on the premises of another is not to be held strictly liable for the damages.
These provisions are identical to provisions contained in HCS/HB 258 (2015), HCS/SCS/SB 340 (2015), and SCS/HCS/HB 807 (2015). These provisions are similar to HB 372 (2015).
LOG TRUCKS (Section 301.010) - Currently, local log trucks and local log truck tractors may only transport harvested forest products within a 100-mile radius of the forested site. This act expands the distance in which the trucks can be operated to a 200-mile radius.
This provision is identical to a provision contained in SCS/HCS/HB 388 (2015), SCS/HCS/HB 882 (2015), HB 375 (2015), and HCS/HBs 1235 & 1214 (2014).
LIVESTOCK AND GRAIN (Section 304.180) - This act adds livestock to the current milk exemption for weight limitations on highways, and applies such exemption to all highways with the exception of Interstates. This act also allows weight limitations to be exceeded by as much as 10% on highways for hauling grain and grain co-products during harvest.
This provision is identical to SS/SCS/SB 12 (2015), HCS/HB 388 (2015), and SCS/HCS/HB 882 (2015). This provision is similar to HB 146 (2015), SS/SCS/HCS/HB 1326 (2014), HCS/SB 506 (2014), HB 1214 (2014), HCS/HBs 1235 & 1214 (2014), HCS/HB 1640 (2014), and SCS/HCS/HB 1937 (2014).
PETROLEUM STORAGE TANK INSURANCE FUND (Sections 319.114 & 414.036) - Under this act, an owner or operator shall not be denied benefits by the Petroleum Storage Tank Insurance Fund if their claim arises from a release of motor fuel that is incompatible with the motor fuel storage tank system except in cases of fraud on the application for coverage.
This provision is identical to a provision contained in HCS/SB 148 (2015), and similar to a provision contained in HCS/HB 1102 (2015).
CORPORATE REGISTRATION REPORTS (Section 351.120) - Currently, authorized farm corporations and family farm corporations are required to file a corporate registration report annually with the Missouri Secretary of State. Under this act, such farm corporations would not have to file an annual report if the information required by the corporate registration report has not changed since the filing of the corporation's articles of incorporation or most recent registration report.
This provision is substantially similar to the perfected SB 148 (2015) and SCS/HB 233 (2015).
PER BARREL MOTOR FUEL INSPECTION FEE (Section 414.082) - Currently, the fee for the inspection of certain motor fuels shall not be less than 1.5 cents per barrel and shall not exceed 2.5 cents per barrel. Under this act, the per barrel fee shall not exceed 4 cents from 2016 to 2020, and shall not exceed 5 cents from 2021 and thereafter.
This provision is identical to a provision contained in SCS/HCS/HB 882 (2015), and is substantially similar to SCS/SB 520 (2015) and HCS/SB 500 (2015).
MOTOR FUEL LIABILITY (Section 414.255) - Under this act, a vendor of motor fuel shall not be liable for property damages related to a customer's purchase of fuel so long as the selection of the fuel was made by the customer and the fuel meets motor fuel quality and labeling requirements.
This provision is substantially similar to a provision contained in HCS/HB 1102 (2015) and HCS/SB 148 (2015).
LANDOWNER LIABILITY (Sections 537.345 & 537.348) - This act adds aviation activities, trapping, paddle sports, and swimming to the definition of "recreational use" when referring to the duty of care a landowner need not exercise when any person enters upon such landowner's property. This act does not limit liability for any landowner who intentionally injures a participant, provides unsafe equipment, or fails to exercise a degree of care that an ordinary person would under similar circumstances.
These provisions are identical to HCS/HB 375 (2015) and are similar to HB 263 (2015).
ANIMAL TRESPASS (Sections 578.005-578.040) - Currently, the crime of animal trespass is defined as a person having ownership of an animal who fails to provide adequate control of the animal for a period of 12 hours or more. Under this act, a person commits the offense of animal or livestock trespass by either failing to provide adequate control of any animal except livestock when the animal trespasses on another person's property or failing to provide adequate control of livestock for a period of 12 hours or more when the livestock trespasses on another person's property. In addition, this act removes the maximum fines that may be charged for animal or livestock trespass, which potentially conflict with another provision of law setting the maximum fines for infractions and Class C misdemeanors. This act repeals a provision stating that reasonable costs for the care and maintenance of trespassing animals may not be waived.
These provisions are identical to provisions contained in HCS/HB 258 (2015), HCS/SCS/SB 340 (2015), and HCS/SB 500 (2015). These provisions are similar to provisions contained in SCS/SBs 112, 212, 143 & 234 (2015), SCS/HCS/HB 807 (2015), and HB 329 (2015).