SB 773
Changes various sections pertaining to agriculture
LR Number:
Last Action:
5/12/2006 - In Conference
Journal Page:
Calendar Position:
Effective Date:
August 28, 2006
House Handler:

Current Bill Summary

HCS/SCS/SB 773 - This act includes vermiculture operations in the list of agriculture operations eligible for various loan programs.

The act exempts the manufacture of agricultural pesticides from the sales tax as well as motor fuel used exclusively for agricultural purposes. The act exempts utilities consumed in the processing, compounding, or producing of pesticides, meat, pet food, production of livestock, feed for livestock, or purchased for use in the research and development of agricultural biotechnology products from the sales tax.

The act allows the board of supervisors for a drainage district to set an annual processing fee in order to pay for the costs associated with preparation and processing of the district's maintenance tax statement.

The act makes it clear that in the event a hazardous substance release occurs and subsequent clean up is conducted by a political subdivision or volunteer fire protection district, the person having control over such substance shall be responsible for reasonable and necessary clean up costs. An itemized list of such costs shall be submitted to the responsible person no later than sixty days after the completion of the clean up. If such a statement is disputed by the responsible person, the burden of proof shall lie with the political subdivision or volunteer fire protection district to document and justify the costs listed in the statement. The act extends the time frame under which an appeal shall be ruled on, from thirty days of the appeal notification to sixty days.

The act exempts owners of anhydrous ammonia from liability in the event that an anhydrous ammonia release occurs as a result of tampering and requires clean up.

The act changes the name of the Marketing Development Fund to the Agriculture Business Development Fund.

The act asserts that for interim forming boards, any remuneration to the officers must be voted on and agreed to by a majority of the association's members. The act exempts any association that specifies the remuneration amount to be paid in its membership contract.

The act directs Missouri Agricultural Small Business Development Authority (MASBDA) to pay for the first year of charged interest payments on all applicable link deposit loans. For the purposes of this act, "applicable loans" mean only those loans made and used solely for the acquisition of dairy cows and other replacement dairy females.

The act asserts that no new tax credit shall be approved, redeemed, or issued for any new generation cooperative that is not in full compliance with the provisions of the Packers and Stockyards Act, 1921. The act exempts new generation cooperatives claiming the exemption established in 9 C.F.R. ยง201.200 from new generation tax credit eligibility; an exemption that prohibits any packer whose average annual livestock purchases exceed $500,000 from buying livestock on credit.

The act allows the Department of Agriculture and the Department of Transportation the ability to, by rule, exempt the Department of Transportation in whole or in part from the biodiesel fuel requirements. Such exemptions may be based on product quality, specific usage, climatic conditions, or any other basis the departments deem necessary.

The act provides that any person who negligently damages or destroys any field crop product shall be liable only for compensatory damages. The act directs the court to consider both the market value of the crop and the actual damages incurred when awarding damages.

The act makes stealing any livestock punishable as a Class C felony. The term livestock includes but shall not be limited to cattle, sheep, swine, and horses.

The act creates the Governor's Advisory Council on Agricultural Science and Technology. The council shall be responsible for identifying and appraising the Governor on new areas of science and technology as well as providing comment on regulatory matters, long-term needs for the science and technology sector, and future opportunities for the plant biotechnology industry within the state.