SCS/SB 9 - This act addresses three areas: the Agricultural Products Marketing Fund, the Missouri Agricultural Advocate's Office, and the Farmland Protection Act.

AGRICULTURAL PRODUCTS MARKETING FUND - This act adds a definition for "farms" and "farming activities" which mean using of cultivating land for production of crops, livestock, poultry, dairy products, or fruit and does not include a processor of farm products or distributors of farming supplies. (Section 32.105(13)). This definition is in line with Section 350.010, RSMo. Value-added agricultural products produced by eligible new generation cooperatives are added to the definition of activities of a "neighborhood organization". (Section 32.105(16))

MISSOURI AGRICULTURE ADVOCATE'S OFFICE - This entity is created within the Department of Agriculture to protect and promote the agricultural economy and way of life with an emphasis on family farms and family farm corporations and is given certain authority. (Section 262.750)

The Agriculture Advocate's Office will consist of an executive director and at least one staff member who is an attorney. (Section 262.753) The Agriculture Advocate's Council will include the Director of the Department of Agriculture, an independent producer with expertise in wine production, and 12 other independent producers from a family farm or family farm corporation with expertise in each one of the following areas: Cattle, poultry, pork, equine industry, soybean, corn, dairy, forestry industry, organic or sustainable agriculture, aquaculture industry, cotton and rice. The members of the council will serve staggered terms of six years and no more than half of the council members being from the same political party. (Section 262.756) The council will meet at least four times per year and will elect officers. (Section 262.759) The Missouri Agricultural Advocate's Office Fund is created. (Section 262.762)

FARMLAND PROTECTION ACT - The purpose of the act is to protect and promote the viability and quality of life of agricultural, horticultural and forestry land. It also has a purpose to protect small family farms from catastrophic expenses resulting from urban infrastructure development. (Section 282.815) Land protected under this act must be at least 10 acres and 7.5 acres must be currently utilized for farming purposes. (Section 262.820)

If a political subdivision proposes to make water or sewer improvements, it must notify all owners of properties to be assessed which are comprised of at least 10 acres and the notice must contain certain language. (Section 262.820.2.) If an owner claims to be protected under the act, the assessments on the tract will be a proportionate share but the owner shall not be required to pay an initial assessment of more than $500 per acre. The remaining portion, not to exceed $10,000, will be held in abeyance without interest until the property is not longer used for farming purposes. (Section 262.820.3) Statutes of limitation are tolled during the abeyance. (Section 262.820.4) Disputes regarding the assessment must be raised at the time of assessment. (Section 262.820.5.)

Property subject to this act may not be taken by eminent domain by any political subdivision except as provided by law. (Section 262.825)

This act is similar to SB 925 (2000).

The provisions relating to the Farmland Protection Act are also contained in CCS/HCS/SB 462 (2001).
CINDY KADLEC