- House Substitute -

HS/HCS/SB 668 - This act changes several provisions relating to agriculture.

BIG BLUESTEM - This act establishes "Big Bluestem" (Andropogon gerardii) as the official state grass.

NORTON/CYNTHIANA - This act establishes the "Norton/Cynthiana" grape as the official state grape.

DEFINITIONS - This act adds American bison or buffalo to the definition of livestock in several sections.

PHEASANTS, PARTRIDGES, QUAIL - All admission fees charged for hunting or taking of domestically raised birds on shooting areas licensed by the Department of Conservation and all sales of feed and equipment used in the production of these birds are exempt from sales tax.

SINGLE PURPOSE ANIMAL FACILITY LOAN GUARANTEE PROGRAM - This act increases the amount to eligible borrowers that can be guaranteed from the Single Purpose Animal Facilities Loan Guarantee Fund from 25% to 50% of the amount borrowed with a limit of $250,000. This act decreases the amount to total outstanding guaranteed loans for immediate redemption of 20% of the outstanding loans at any one time. This amount is decreased from 40%.

AGRICULTURAL BUSINESS DEVELOPMENT LOAN PROGRAM - This act increases the amount to eligible borrowers that can be guaranteed from the Program from 25% to 50%. This act decreases the amount to total outstanding guaranteed loans for immediate redemption of 20% of the outstanding loans at any one time. This amount is decreased from 40%.

COUNTY STOCK FUND - This act adds a reference to the New Generation Tax Credits to the premium tax credits in the County Stock fund.

NEW GENERATION TAX CREDITS - The changes in this act include reducing the amount of employees for an eligible facility from 100 to 60, removing the ability for entities to redeem the tax credits on a quarterly basis, and allows entities to carry back the tax credits.

LIENS ON VETERINARIAN WORK - This act allows liens against livestock for veterinary care for any payments overdue by one year.

ANIMAL RESEARCH AND PRODUCTION FACILITIES ACT - This act relates to animal research and production facilities and expands the definition of "animal facility" to include an animal farming operation, business or organization that engages in the agricultural production or scientific research, including barns, buildings or other structures.

The act makes it a Class D felony if a person photographs, videotapes or otherwise obtains images without the express written consent of the animal facility, from a location not legally accessible to the public. This act exempts law enforcement officers from these requirements and any information gathered is to be considered a closed record.

This act makes it a Class B felony for a person to intentionally or knowingly release or introduce any pathogen or disease in or near an animal facility that has the potential to cause disease to an animal or that threatens the human health or biosecurity at the animal facility.

This act also gives the Director of the Department of Agriculture the ability to initiate civil legal action in the circuit court of the county where the violation occurred.

STORM WATER DISCHARGE - The act exempts storm water discharges and return flows from irrigated agriculture from the definition of water contaminant source.

WATER POLLUTION PERMITS - The act exempts discharge of a water contaminant that is totally confined on the owner's property that does not reach the waters of the state and subject to clean up and remediation as soon as practicable.

ANIMAL FEEDING OPERATIONS - This act transfers the authority to regulate animal feeding operations from the Department of Natural Resources to the Clean Water Commission.

WEIGHTS AND MEASURES - No rule or regulation proposed, promulgated, adopted or amended shall be applied retroactively without clear and convincing evidence the rule or regulation is necessary to protect the health or safety of the public.

HA 1 - Removed the provisions prohibiting photographing an animal production facility without the owner's written consent.

HA 2 - Notices of violation shall not be issued for a release of a water contaminant from an animal confinement facility or the animal waste application system, excluding lagoons, that is totally confined on the owner's property, so long as it does not enter waters of the state and clean up begins within twenty-four hours and is remediated as soon as practicable.


This act is similar to SB 315 (2003); SB 84 (2003); SB 657 (2003); HB 464 (2003); SB 388 (2003); HB 257 (2003).

SARAH MORROW