SB 0462 Revises numerous provisions relating to agriculture
LR Number:1925S.10T Fiscal Note:1925-10
Committee:Agriculture, Conservation, Parks & Tourism
Last Action:06/28/01 - Signed by Governor (w/EC) Journal page:
Title:CCS HCS SB 462
Effective Date:Emergency Clause
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Current Bill Summary

CCS/HCS/SB 462 - This act revises numerous provisions relating to agriculture.

AGROFORESTRY - This act expands the Missouri Economic Diversification and Afforestation Act of 1990 to include more recent agroforestry practices. This act would make the development of an agroforestry program by the Department of Conservation discretionary rather than mandatory. The Director of the Department of Conservation may enter agreements with individual landowners to make incentive payments during the enhancement phase. The Director may seek advice and cooperate with USDA. The ability of the Director to enter agreements with the United States Department of Agriculture in administering payments is removed and the amount of the incentive payment as well as eligibility requirements are modified. This portion of the act is similar to HB 904.

FARMLAND PROTECTION ACT - This act creates the Farmland Protection Act. The provisions of the act only apply to tract of real property that are comprised of at least 10 contiguous acres and at least 75% of the property must be used for farming purposes. The state or any political subdivision shall hold sewer and water assessments in abeyance until improvements on property covered by the act are connected to the sewer or water system or when the property ceases to be used for farming purposes. If the political subdivision requires connection to the sewer system pursuant to Section 644.027, RSMo, the payment of the assessment will not be triggered. The political subdivision shall notify the owner of the details of the assessment and the provision of the Farmland Protection Act.

In Kansas City, an initial assessment can be charged for the proportionate cost of water or sewer improvements up to $500 per acre but not to exceed $10,000. The remaining portion will be held in abeyance until improvements on property covered by the act are connected to the sewer or water system.

If a political subdivision sues to have this act declared null and void, the State shall be added as a party and represented by the Attorney General. If the owner of the property requests separate representation in writing, the Attorney General may appoint a Special Assistant Attorney General under certain circumstances. If the political subdivision then loses the suit it will be liable to reimburse the state for the costs of defense.

A notice is required to be given to purchasers of property located within one-half mile of any property used for agriculture or farming purposes and the language of the notice is provided.

Property subject to the provisions of the act may not be taken by eminent domain unless a public hearing is held. This portion of the act is similar to SB 9 and SB 509 (2001).

AGRICULTURAL COOPERATIVES - The restriction on cooperative marketing associations dealing with non-members is revised. Cooperative marketing associations must do at least 25 percent of its business with its members. The restriction is changed in Section 274.060, RSMo, which deals with Cooperative Marketing Associations and the definition of Section 409.401, RSMo, dealing with securities. This portion of the act is similar to SB 462 (2001).

FENCING - Fencing requirements are modified. A lawful fence will consist of post and wire or boards at least 4 feet high. If a party claims damage a court will appoint 3 disinterested persons to inspect the fence and the costs would be taxed as costs in the court case. If a landowner desires to construct or repair a fence the owner must give written notice of the intention to adjoining landowners. The landowners will meet and each construct or repair one half of the common property line. If they cannot agree, they may make application to an associate circuit judge who will appoint three disinterested persons. Any existing agreements not consistent with this procedure must be in writing, signed and recorded. If a landowner fails or refuses to build or repair the landowner's portion of the fence the other landowner may perform the work and apply to the court for reimbursement plus court costs and attorney's fees. Any judgment would then be a lien on the property.

If either landowner does not need a fence the landowner needing the fence may build the entire fence. The landowner would then apply to the associate circuit judge who would authorize the cost to be recorded on each deed. Thereafter if the landowner who claims he or she did not need the fence places livestock on the property the landowner who built the fence would then be entitled to be reimbursed for one half of the cost. Nothing will prevent adjoining landowners from agreeing that no fence is needed. Nothing will prevent either of the adjoining landowners from building a fence in excess of the lawful fence requirements.

The provisions for local option remain in current law. This portion is identical to SCS/HB 219.

WATERSHED DISTRICTS - The term for soil and water conservation subdistricts is changed to watershed districts. Authority for soil and water conservation watershed districts would vest with the watershed district except in matters of formation, consolidation, expansion or disestablishment of the watershed district. The soil and water conservation district supervisor of the soil and water conservation district will act in an advisory capacity to the watershed district board and watershed district trustees are vested with governing authority. Five landowners living in the watershed districts will be elected as trustees of the watershed district. Vacancies in unexpired terms will be filled by appointment by the state soil and water districts commission. This portion is similar to HB 307 and SB 587 (2001).

ANIMALS - This act provides for the Department of Health to investigate and issue orders in instances where an animal has bitten or otherwise exposed a person to the possibility of contracting rabies or any zoonotic disease when counties have not adopted rules pursuant to Sections 322.090 to 322.130. The Department of Health shall investigate the incident and issue orders to prevent and control rabies or zoonotic disease. The Department of Health shall have discretion to order the animal quarantined, isolated, impounded, immunized or disposed of. The Department of Health is granted rulemaking authority concerning the classification of a disease as a zoonotic disease. It shall be a Class A misdemeanor for the owner of an animal to knowingly fail or refuse to comply with the orders of the Department of Health or to attempt to transfer or dispose of the animal.

This act makes the owner of the animal responsible for the costs associated with the incident. The owner of the animal shall be liable to the injured person for all damages.

Certain animal owners are prohibited from keeping certain animals domestically without registering with local law enforcement. This act adds bears, non-human primates, and deadly or dangerous reptiles over eight feet long to the list. Failure to register the animal is a Class C misdemeanor. The definition of "animal" for purposes of animal abuse is revised. This portion is similar to SS/SCS/SB 27 (2001).

LARGE ANIMAL VET LOAN REPAYMENT PROGRAM - This act would create the Large Animal Veterinary Medicine Loan Repayment Program. The Missouri Veterinary Medical Board would designate areas of defined need. Up to five veterinary students, in their final year of education, would be eligible to enter a contract with the Board to receive up to $10,000 for each year of obligated services. Funds for the program are subject to appropriation. This portion of the act is similar to SB 532 and HB 411 (2001).

TAX CREDITS - The New Generation Cooperative Incentive Tax Credit is modified to change the allocation of the tax credits between small capital costs projects, employee qualified capital projects and large capital projects as well as eligibility to claim the credit. This portion of the act is similar to HB 308. This provision has an emergency clause.

FARM EQUIPMENT - Retailers who sell and service farm equipment and who do warranty work shall be reimbursed by the manufacturer at the same hourly rate as nonwarranty work.

BIODIESEL - School districts, for school years 2002-2003 and lasting through 2005-2006, are allowed to establish contracts with nonprofit, farmer-owned new generation cooperatives to supply bus fuel containing at least 20% biodiesel. Subject to appropriation, districts that establish contracts will receive additional state transportation aid for costs above the rack price for regular diesel fuel. Initial statewide payments are capped at 0.07% of the 1998-1999 entitlement for state transportation aid, but may be increased by 4% each year. This portion of the act is similar to SB 615 and HB 868 (2001). Provisions similar to this act are contained in the TAT version of CCS/SS/SCS/HB 453 (2001).

OXYGENATES - Sellers of motor fuel which has been blended with at least one percent oxygenate by weight are required to notify consumers at the pump of the type of oxygenate used. This requirement can be satisfied by placing a sticker on the pump that the fuel may or may not contain the oxygenate. The Department of Agriculture shall provide the stickers at no cost. These provisions are similar to SB 525.

CROP PROTECTION ACT - Creates civil and criminal liability for knowingly damaging or destroying any field crop product. This portion of the act is similar to SB 302.

LIVESTOCK DISEASE CRIME - It is a Class D felony for a person to purposely spread any type of contagious, communicable or infectious disease among livestock. These is a defense if the spreading is consistent with medically recognized therapeutic procedures.

CRIME OF INTENTIONAL RELEASING ANIMALS - Creates crime of knowing releasing an animal. A first offense would be a Class B misdemeanor and subsequent offenses would be a Class D felony.

USE OF WATER - Nothing will prevent landowners from using private water systems and ground source systems anywhere and anytime so long as DNR rules and regulations are met. Landowners who use private water shall not be forced to purchase water frm another water source system.