SB 337 Modifies provisions pertaining to agriculture
Sponsor: Munzlinger
LR Number: 1710L.04C Fiscal Note: 1710-04N.ORG
Committee: Agriculture, Food Production and Outdoor Resources
Last Action: 5/10/2011 - HCS Reported Do Pass H Rules Pursuant Committee Journal Page: H2245
Title: HCS SCS SB 337 Calendar Position:
Effective Date: August 28, 2011
House Handler: Loehner

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Current Bill Summary


HCS/SCS/SB 337 - This act modifies provisions pertaining to agriculture.

SECTION 21.801 - JOINT COMMITTEE ON URBAN AGRICULTURE

This act changes the name of the Joint Committee on Urban Farming to the "Joint Committee on Urban Agriculture" and extends the date, from December 31, 2010 to December 31, 2012, by which the committee's final report must be submitted. Under current law, this section expired on January 1, 2011 but the act extends the expiration date until January 1, 2013.

This section is identical to the same section in TAT/CCS#2/HCS/SCS/SB 356 (2011).

SECTION 143.1014 - PUPPY PROTECTION TRUST FUND

The act allows individuals and corporations to donate a minimum of $1, or $2 for a combined return, of any tax refund owed to them by the state of Missouri for the purpose of making a donation to the Puppy Protection Trust Fund. The act creates the trust fund and designates all monies in the fund to be used by the Department of Agriculture for the administration of the Puppy Mill Cruelty Prevention Act. All interest accrued remains in the fund and the fund is exempt from the biennial sweep. The provisions of the act sunset after 6 years, unless reauthorized for another 6 years by the General Assembly.

This section is identical to the same section in TAT/CCS#2/HCS/SCS/SB 356 (2011) and is similar to HB 746 (2011).

SECTIONS 144.010 TO 144.070 - SALES TAX EXEMPTION FOR CAPTIVE WILDLIFE

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 contain provisions similar to provisions in TAT/CCS#2/HCS/SCS/SB 356 (2011), TAT/CCS/SS/HB 458 (2011), SB 241 (2011) and HB 346 (2011).

SECTION 144.527 - SALES TAX EXEMPTION FOR FARMERS' MARKETS

The act creates an exemption from state and local sales and use tax for farm products sold at farmers' markets and provides definitions for "farmers' market" and "farm products."

This section is identical to HB 789 (2011).

SECTION 252.040 - WILD ELK

Landowners may destroy any wild elk that have caused damage to the landowner's agricultural property.

SECTION 262.005 - RIGHT TO RAISE LIVESTOCK

Under the act, persons have the right to humanely raise livestock without the state imposing an undue economic burden on this activity.

This section is similar to HJR 3 (2011) and HJR 86 (2010).

SECTIONS 263.190 - 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 identical to the same sections in TAT/CCS#2/HCS/SCS/SB 356 (2011) and are similar to TAT/CCS/SS/HB 458, 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 the same section in TAT/CCS#2/HCS/SCS/SB 356 (2011) and TAT/CCS/SS/HB 458 (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.

This section is identical to the same section in TAT/CCS#2/HCS/SCS/SB 356 (2011).

SECTIONS 276.401 - GRAIN DEALERS

Under current law, a farmer who purchases less than $100,000 worth of grain for his or her own farming purposes is not considered a grain dealer. The act modifies the threshold to 50,000 bushels of grain instead of $100,000 worth of grain.

This section is identical to the same section in TAT/CCS#2/HCS/SCS/SB 356 (2011) and TAT/CCS/SS/HB 458 (2011).

SECTIONS 537.850 TO 537.862 - AGRITOURISM

The act creates the Agritourism Promotion Act.

The 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 and promote 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. The Department must use the monies for administration of the Agritourism Promotion Act and for directional signage.

These provisions are almost identical to HB 2362 (2010).

The act contains an emergency clause for the Joint Committee on Urban Agriculture (Section 21.801).

ERIKA JAQUES