SB 162 Modifies provisions pertaining to agriculture
Sponsor: Munzlinger
LR Number: 0830L.06C Fiscal Note: 0830-06N.ORG
Committee: Agriculture, Food Production and Outdoor Resources
Last Action: 5/13/2011 - S Calendar S Bills with H Amendments--SCS for SB 162-Munzlinger, with HCS#2, as amended Journal Page:
Title: HCS#2 SCS SB 162 Calendar Position:
Effective Date: August 28, 2011
House Handler: Guernsey

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Current Bill Summary


HCS#2/SCS/SB 162 - This act modifies provisions pertaining to agriculture.

SECTIONS 144.010 TO 144.070 - SALES TAX EXEMPTIONS

This act creates state and local sales and use tax exemptions for sales of captive wildlife and all sales of feed for captive wildlife including lime and fertilizer for crops which when harvested will be fed to captive wildlife that will be sold ultimately in processed form at retail.

The act: adds freight charges to the sales and use tax exemptions for agricultural-related items; includes "accessories" for farm machinery and equipment in the definition of "farm machinery and equipment"; and provides a sales and use tax exemption for rotary mowers that are used exclusively for agricultural purposes.

The act also repeals two incorrect intersectional references contained in Chapter 144.

These sections are similar to SB 241 (2011) and HB 346 (2011).

SECTION 262.950 - FARM-TO-TABLE ADVISORY BOARD

The act creates the Farm-to-Table Advisory Board, which shall be made up of the following 8 people: one person actively engaged in small agribusiness appointed by the director of the Department of Agriculture, and one representative from each of the following entities: the University of Missouri Extension Service, the Office of Administration, and the Departments of Agriculture, Corrections, Elementary and Secondary Education, Health & Senior Services and Economic Development. The board must meet at least twice, but may meet more often as needed.

The mission of the board is to develop recommendations for ways that allow schools and state facilities to more easily purchase products directly from local farms for use in their cafeterias and ways to increase public awareness about locally-produced food and its relationship to healthy communities and people. The act requires the board to investigate existing public and private resources that may be used to accomplish the mission objectives as well as identify barriers to the objectives.

The act requires the board to produce and deliver a report, containing its findings and recommendations, to the Governor, the General Assembly, and the directors of the represented agencies by August 31, 2012. This section expires on August 31, 2012.

The act is similar to HCS/HB 344 (2011).

SECTIONS 263.190 TO 263.240 - NOXIOUS WEEDS

Under current law, all landowners are required to control the growth and spread of the plants musk thistle, scotch thistle, and canada thistle. Additionally under current law, where a landowner does not control the thistle, the county commission has a duty to enter upon the property in order to control the thistle. This act expands these requirements to apply not only to the thistles, but to all plants that are designated by rule as a "noxious weed" by the Department of Agriculture. The act requires the department to maintain a list of all noxious weeds and make the list available to the public.

The act prohibits the sale of noxious weeds.

The act repeals the provisions of law that apply specifically to the following plants: multiflora rose, field bindweed, cut-leaved teasel, common teasel, kudzu, spotted knapweed, purple loosestrife, and johnson grass.

These sections are similar to SB 336 (2011) and HB 653 (2011).

SECTION 268.121 - LIVESTOCK BRAND BOOK

Under current law, the Department of Agriculture must publish a book of all livestock brands on record and must send copies of the book to all county recorders of deeds, livestock markets, and slaughter plants. This act removes the requirement that the Department must publish the list of brands in book form, and instead requires the Department to make the list available to the public on the Internet. The act also removes the requirement that the Department send a book to the counties, livestock markets, and slaughter plants.

This section is identical to SB 337 (2011).

SECTION 275.360 - COMMODITY MERCHANDISING FEES FOR RICE

Current law allows agricultural producers or growers to request a refund of his or her commodity merchandising fees from the director of the Department of Agriculture. The act exempts rice producers and growers from this provision.

SECTIONS 276.421 TO 276.441 - GRAIN DEALERS

The act requires that all licensed grain dealers or applicants for a grain dealer license must maintain a minimum net worth of 5% of the total amount of grain purchased in the previous fiscal year. Additionally, all licensed grain dealers and applicants must maintain current assets at least equal to current liabilities and the act specifies certain requirements related to the determination of assets and liabilities.

The act raises the minimum surety bond requirement for licensed grain dealers from $20,000 to $50,000 and raises the maximum from $300,000 to $600,000. The act modifies the formula for determining the amount of surety bond required by specifying that the amount shall be equal to 2% of the dealer's previous year's grain purchases, instead of within a range of between 1% and 5% of such purchases. The act repeals the section of law that allows a grain dealer who has purchased less than $400,000 of grain the previous year to satisfy the bond requirement by filing bonds at the rate of $1,000 per $20,000 worth of grain purchased.

These sections are identical to SCS/SB 356 (2011).

SECTION 411.280 - GRAIN WAREHOUSES

Under current law, the owner of a licensed grain warehouse must maintain a net worth equal to 15 cents per bushel of storage capacity. The act increases the multiplication factor from 15 cents to 25 cents.

This section is identical to SCS/SB 356 (2011).

ERIKA JAQUES

HA1: ADDS SECTION 262.005 RELATING TO THE RIGHT TO RAISE LIVESTOCK IN A HUMANE MANNER WITHOUT UNDUE ECONOMIC BURDEN IMPOSED BY THE STATE.

HA2: ADDS SECTION 252.040 WHICH ALLOWS LANDOWNERS TO OBTAIN PERMISSION FROM THE DEPARTMENT OF CONSERVATION TO KILL WILD ELK THAT HAVE DAMAGED AGRICULTURAL PROPERTY.

HA3: ADDS SECTION 262.815 WHICH CREATES THE MISSOURI FARMLAND TRUST ACT, WHICH ALLOWS THE DEPARTMENT OF AGRICULTURE TO ACCEPT FARMLAND CONVEYED TO IT FOR THE PURPOSE OF MAKING LOW-COST LEASES OF FARMLAND TO BEGINNING FARMERS.

HA4: REMOVES THE SALES TAX EXEMPTION FOR FEED FOR CAPTIVE WILDLIFE AND FOR INPUTS FOR CROPS GROWN AS FOOD FOR CAPTIVE WILDLIFE; ALSO ADDS A PROVISION THAT THE SALES TAX EXEMPTION FOR CAPTIVE WILDLIFE DOES NOT APPLY TO HARVESTED ANIMALS.

HA5: TRANSFERS ADMINISTRATIVE AUTHORITY OVER THE LAND SURVEY PROGRAM FROM THE DEPARTMENT OF NATURAL RESOURCES TO THE DEPARTMENT OF AGRICULTURE, WITH A DELAYED EFFECTIVE DATE OF AUGUST 28, 2012.

HA6: APPOINTS A SIXTH MEMBER TO THE BOARD OF PHARMACY WHO SHALL BE A LICENSED VETERINARIAN; INCLUDES "LEGEND DRUGS" IN THE PRACTICE OF PHARMACY; AND REQUIRES LEGEND DRUGS TO ONLY BE DISPENSED BY A LICENSED PHARMACIST WITH A CLASS L PERMIT.