HB 1860 Modifies provisions relating to agriculture

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Current Bill Summary

- Prepared by Senate Research -


SCS/HCS/HB 1860 & HCS/HB 1254 - This act modifies provisions relating to agriculture.

SECTION 262.005 - RIGHT TO RAISE LIVESTOCK

The act provides that agriculture is the foundation and stabilizing force of Missouri's economy. Individuals have the right to raise livestock in conformance with state and local laws. The act does not limit any authority of the state veterinarian or Department of Agriculture to carry out their functions.

This section is similar to HCS/HB 1324 (2012).

SECTION 262.900 - URBAN AGRICULTURAL ZONES

The act allows urban agricultural zones (UAZ) to be created on blighted property in cities. Cities may approve or deny any application they receive to establish a UAZ. Applications for UAZ's must contain certain information about the activities to be conducted within the UAZ. Eligible activities include the production or processing of agricultural products and the selling of locally grown foods. Property in a UAZ is not subject to property tax for 10 years, and then is subject to 50% of its assessed value for the next 15 years. Where water services in a UAZ are provided by the municipality, a grower shall only be charged wholesale water rates and shall receive a 50% reduction in the water hook-up fee. Any revenue from sales tax on products sold within a UAZ, except for certain tax revenues as provided, must be placed in the Urban Agricultural Zone Fund, which is created by the act. School districts may apply for money from the fund to develop curriculum on urban farming or to implement urban farming school programs under certain professional guidance. The act supercedes any local ordinances that conflict with the act's provisions.

This section is similar to HB 1660 (2012).

SECTIONS 537.850 TO 537.859 - AGRITOURISM PROMOTION ACT

The act creates the Agritourism Promotion Act. Agritourism operators may register with the Department of Agriculture under the AgriMissouri program. 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.

These sections are similar to TAT/CCS/HCS/SCS/SB 631 (2012), HB 633 (2011) and HB 2362 (2010).

SECTION 569.140 - TRESPASS IN THE FIRST DEGREE

The act changes the penalty for the crime of trespass in the first degree from a Class B misdemeanor to a Class A misdemeanor.

SECTION 575.010 & 575.124 - ADMINISTRATION OF JUSTICE

The act provides a definition for "public servant" in Chapters 575 and 576, RSMo, which relate to offenses against the administration of justice and offenses affecting government.

No person shall threaten or use violence against an employee of the Department of Agriculture to hinder the employee from carrying out his or her lawful duties. A violation of this provision is a Class B misdemeanor, unless it is a second or subsequent violation, which is a Class A misdemeanor.

SECTION 578.660 - DUTY TO REPORT ANIMAL ABUSE

Under the act, employees of animal agricultural operations who videotape what they suspect is animal abuse must provide the recording to a law enforcement agency within 24 hours. Any such recordings must not be edited in any way. A violation of the act is a Class A misdemeanor.

This section is similar to TAT/CCS/HCS/SCS/SB 631 (2012).

ERIKA JAQUES


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