CCS/SS/HB 458 - This act modifies provisions relating to agriculture. SECTIONS 144.030 - SALES TAX EXEMPTIONS
This act creates state and local sales and use tax exemptions for: freight charges for agricultural-related items; "accessories" for farm machinery and equipment; and rotary mowers that are used exclusively for agricultural purposes.
SECTION 262.815 - MISSOURI FARMLAND TRUST
The act creates the Missouri Farmland Trust. The Department of Agriculture is authorized to accept or acquire farmland in the state for the purpose of leasing the land to beginning farmers.
The act creates the Missouri Farmland Trust Advisory Board, which is made up of 5 persons appointed by the director of the Department of Agriculture. The board will provide recommendations to the Department of Agriculture on the farmland trust program, including applicants for land to be placed within the trust program and applicants to lease the farmland.
The Department of Agriculture shall administer a fund called the Missouri Farmland Trust Fund, created by the act. Monies from the fund may be used to make payments to counties in lieu of property taxes and to improve or maintain the land in the farmland trust.
Persons who donate land to the trust or who lease land from the trust must release the state and its employees from liability for injury, death or property damage that may result from participation in the program.
This section is similar to SB 992 (2010) and HB 2224 (2010).
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).
SECTIONS 276.401 TO 276.441 - 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.
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 almost 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).
SECTION 442.014 - CONSERVATION EASEMENTS
The act creates the Private Landowner Protection Act.
Conservation easements, which are easements designed to preserve open space or to protect natural or cultural resources on land, may be created, conveyed, terminated, and modified in the same manner as other types of easements. Conservation easements must be accepted and recorded by the holder before any right or duty arises from the easement. Conservation easements shall exist in perpetuity unless the easement specifies otherwise.
Conservation easements do not affect an interest in real property unless the real property owner is a party to the easement or otherwise consents.
Actions affecting a conservation easement may be brought by a landowner, the easement holder, a third-party that holds a right of enforcement as designated in the easement, or by any other person authorized by law. The act does not affect the power of a court to modify or terminate a conservation easement.
Conservation easements are valid even though they may have certain characteristics as specified in the act. The act does not invalidate any other type of lawful interest as a covenant, equitable servitude, restriction, or other easement.
This section is identical to the same provision as passed in TAT/SS/SCS/HCS/HB 89 (2011) and similar to HCS/HB 597 (2011) and SB 119 (2011).
ERIKA JAQUES