SB 824 Authorizes the State Veterinarian to restrict the movement of animals or birds under investigation for carrying a toxin
Sponsor: Clemens
LR Number: 4020L.03C Fiscal Note: 4020-03N.ORG
Committee: Agriculture, Food Production and Outdoor Resources
Last Action: 5/12/2010 - Referred to Rules Committee pursuant to Rule 25(32)(f) Journal Page: H1727
Title: HCS SB 824 Calendar Position:
Effective Date: August 28, 2010
House Handler: Brown

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Current Bill Summary


HCS/SB 824 - This act modifies various provisions regarding animals and agriculture.

SECTIONS 267.565, 267.600 - ANIMAL TOXINS

Any animal or bird under investigation by the state veterinarian for carrying a toxin must not be removed from the premises until certain conditions are met. The act gives the state veterinarian the authority to choose the method of eradication of the toxin.

The State Veterinarian may restrict the movement of any animal or bird under investigation for the presence of a toxin. Once an investigation is completed, the animal or bird shall either be allowed to be moved or must be permanently quarantined.

These provisions are similar to HB 1662 (2010) and SB 526 (2009).

SECTION 267.810 - MISSOURI ANIMAL CARE ADVISORY COMMITTEE

This act establishes the Missouri Animal Care Advisory Committee. This committee consists of nineteen members. The committee is required to review the animal care practices related to poultry, livestock, and licensed dog breeding facilities in this state, and make recommendations to the general assembly. The committee is required to review national species specific animal care guidelines once every five years. The Department of Agriculture is required to provide technical support and a meeting place for the committee.

This provision is similar to HB 2291 (2010).

SECTIONS 270.260, 270.270, 270.400 - FERAL HOGS

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 HB 2225 (2010).

SECTIONS 273.327, 273.329 - ANIMAL LICENSE FEES & INSPECTIONS

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 similar to HCS/HB 2102 (2010).

SECTION 274.180 - COOPERATIVES & STATE SALES TAX

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

This provision of law has an emergency clause.

SECTIONS 319.306 and 319.321 - EXEMPTION FOR BLASTER'S LICENSE

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.

This act is similar to HB 1455 (2010).

SECTION 537.296 - DAMAGES FOR PRIVATE NUISANCE

The act caps damages awarded for nuisance suits on agricultural land. Damages for permanent nuisances are limited to the reduction in fair market value of the claimant's property as a result of the nuisance, not to exceed the fair market value. Damages for temporary nuisances are limited to the reduction of fair rental value of the claimant's property. Damages to a person from a nuisance on farmland must be determined independently of the determination of damages to property from the nuisance.

SECTIONS 537.850 to 537.862 - AGRITOURISM OPERATORS

This act creates a registration process for agritourism operators. Any person who provides an activity which allows members of the general public to view or enjoy rural activities for recreational, entertainment, or educational purposes may register with the Department of Agriculture. The department is required to keep a list of all registered agritourism operators, the activities they conduct, and the location where these activities occur. The department may charge a registration fee, not to exceed one hundred dollars.

Registered agritourism operators are required to post certain warning notices and include warning language in contracts.

The act provides that registered agritourism operators are not liable for injuries to, or the death of, a participant in agritourism, that result from the inherent risks of agritourism activities. The liability of an agritourism operator who engages in willful or wanton conduct or has actual knowledge of a dangerous condition in the land, facilities, or equipment, is not limited.

The act also creates the Agritourism Fee fund for the deposit of appropriated funds and registration fees.

These provisions are similar to HB 2362 (2010).

Provisions of the act are similar to TAT/CCS/HCS/SB 795 (2010).

ERIKA JAQUES