HB 542 Modifies provisions relating to agriculture

     Handler: Munzlinger

Current Bill Summary

- Prepared by Senate Research -


SS/SCS/HB 542 - This act modifies provisions relating to agriculture.

LIQUEFIED PETROLEUM GAS (Section 64.196) - This act states that no county building ordinance shall conflict with liquefied petroleum gas installations.

This section is identical to a provision contained in HCS/HB 795 (2013), HB 891 (2013), HCS/HB 927 (2013), HCS/SB 24 (2013), and CCS/HCS/SB 342 (2013).

CAREER AND TECHNICAL EDUCATION ADVISORY COUNCIL (Section 178.550) - This act shall be known and may be cited as the Career and Technical Education Student Protection Act. This act establishes the Career and Technical Education Advisory Council. It repeals the State Advisory Committee for Vocational Education.

The advisory council will consist of eleven members, appointed by the Governor with the advice and consent of the Senate. Members will serve a term of five years, except for the initial appointees. Members will consist of the following individuals: a director or administrator of a career and technical education center; an individual from the business community with a background in commerce; three current or retired career and technical education teachers who serve or have served as an advisor to a career and technical education student organization; a representative from Linn State Technical College; a school administrator; a representative from a business organization; a representative from a community college; a representative from SEMO or UCM; and an individual participating in an apprenticeship recognized by the Missouri Department of Labor and Industrial Relations or approved by the United States Department of Labor's Office of Apprenticeship.

A director of career and guidance counseling at the Department of Elementary and Secondary education, the director of the Division of Workforce Development and one member of the Coordinating Board for Higher Education will serve as ex-officio members.

The Assistant Commissioner for the Office of College and Career Readiness of the Department of Elementary and Secondary Education will provide staff support to the advisory council. The advisory council must meet at least four times annually. Business coming before the advisory council, including all decisions, votes, exhibits, outcomes, and materials must be made available by free electronic record, as described in the act.

The advisory council must make an annual written report to the State Board of Education and the Commissioner of Education regarding the state budget for career and technical education. The advisory council must annually submit written recommendations to the State Board of Education and Commissioner of Education regarding the oversight and procedures for the handling of students career and technical education organization funds.

The advisory council must: develop a statewide short-range and long-range plan for career and technical education; identify legislative recommendations to improve career and technical education; promote coordination of existing career and technical education programs, as described in the act.

The Department of Elementary and Secondary Education must provide documentation and information to allow the advisory council to be effective.

This section is identical to SCS/SB 17 (2013) and a provision contained in HCS/SCS/SB 9 (2013) and HCS/SB 342 (2013), and is similar to HB 56 (2013) and HB 927 (2013).

DEFINITION OF EGGS (Section 196.311) - This act expands the definition of eggs from only chicken eggs to also include turkey, duck, goose, or guinea eggs that are intended for human consumption.

This section is identical to SB 329 (2013), HB 542 (2013), and a provision contained in HCS/HB 927 (2013)and HCS/SCS/SB 9 (2013).

UNIVERSITY OF MISSOURI EXTENSION DISTRICTS (Section 262.598) - This act allows University of Missouri extension councils, except for any council located in St. Louis County, to form extension districts made up of cooperating counties for the purpose of funding extension programming. An extension district can be a single-council district or a consolidated district, which would consist of two or more extension councils. A majority vote of each participating council is required to form an extension district.

In a single-council district, the existing University of Missouri extension council will serve as the extension district's governing body. In a consolidated district, the district's governing body will consist of three to five representatives appointed by each participating council. The powers and authorities granted to a district's governing body are described in the act.

The governing body of a district may submit a question to the voters of the district to institute a property tax levy in the district's counties. A property tax levy cannot exceed thirty cents per one hundred dollars of assessed valuation. In a single-county district, the property tax levy will be imposed if a majority of the voters vote in favor of it. In a consolidated district, the property tax levy will be imposed if a majority of the voters in each county in the district approves it. If one county does not approve it, the council in that county may withdraw from the district by a majority vote; upon such withdrawal, the district would be made up of the remaining counties and the tax would be imposed on them. However, if the county that did not approve the tax does not withdraw from the district, then the tax will not be imposed.

A single-council district for which a tax has not been levied may be dissolved in the same manner in which it was formed. A county may withdraw from a consolidated district at any time by filing a petition, as described in the act, with the circuit court having jurisdiction over the council. The court must hear evidence on the petition, and if it determines it is in the best interest of the county inhabitants, it must submit the question to the voters at the next general municipal election. If two-thirds of the voters vote in favor of withdrawing from the district, the court must issue an order withdrawing the county from the district. However, the withdrawal will not become effective until the following January 1 and the district will remain intact for the purposes of paying all outstanding and lawful obligations and to dispose of the district's property.

The governing body of any district may seek voter approval to increase its current tax rate, provided the tax will not exceed thirty cents per one hundred dollars of assessed valuation. The governing body must submit such a question to the voters at the next general municipal election. In a single-council district, if a majority of the voters in the county approve the question, the tax will be imposed. In a consolidated district, a majority of voters in the district is required.

Election costs are to be paid by the extension district, as provided in the act.

This section is identical to SCS/HCS/HB 202 (2013) and CCS/HCS/SCS/SB 9 (2013), is substantially similar to SCS/SB 865 (2012), and is similar to HB 1895 (2012) and HCS/HB 1254 (2012).

URBAN AGRICULTURAL ZONES (Section 262.900) - This act allows a person or organization to submit to any incorporated municipality an application to develop a UAZ on a blighted area of land. The application shall demonstrate or identify criteria as set forth in the act. The municipality shall review and modify the application before either approving or denying the request to establish the UAZ. Approval shall be reviewed again at 5 and 10 years after the development of the UAZ. At 25 years, the UAZ shall dissolve, or the municipality may dissolve it if the UAZ does not meet certain requirements.

The governing body of any municipality planning to seek a UAZ must establish an UAZ board. Qualifications and requirements of the board are set forth in this act. The board shall be responsible for reviewing and assessing UAZ activities.

The real property of the UAZ shall not be subject to property tax assessment for 25 years, except to the extent that th amount is not greater than the amount of taxes due during the preceding year in which th UAZ was designated. At the conclusion of the period of tax abatement, the property shall then be reassessed. I f only a portion of the property is used as an UAZ, only that portion of the property shall be exempt.

If water services for the UAZ are provided by the municipality, the municipality may authorize a grower UAZ to pay wholesale water rates, and fifty percent of the cost to hook onto the water source.

Any local sales tax revenues received from the sale of products in the UAZ shall be deposited into the Urban Agricultural Zone Fund. An amount equal to 1% shall be retained by the Director of Revenue for deposit into general revenue. The state treasurer shall be the custodian of the fund and may approve disbursements. School districts may apply to the Department of Agriculture for money in the fund to be used for the development of curriculum on or the implementation of urban farming practices under the guidance of the University of Missouri extension service and a certified vocational agricultural instructor. The funds are to be distributed on a competitive basis within the school district(s) in which the UAZ is located.

This act exempts St. Charles County from this section.

This section is similar to SB 228 (2013) and HB 902 (2013).

VIOLATIONS OF THE MISSOURI LIVESTOCK DISEASE CONTROL AND ERADICATION LAW (Section 267.655) - This act allows additional civil penalties to be imposed for violations of the Missouri Livestock Disease Control and Eradication Law. If the director of the Department of Agriculture determines that an individual has violated the law, the director will have authority to assess a civil penalty of not more than one thousand dollars per incident. If a person fails to pay a penalty or restitution, the director may apply to the Circuit Court of Cole County for an order to enforce the penalty or restitution.

This section is identical to a provision contained in HCS/HB 927 (2013), HCS/SCS/SB 9 (2013), HCS/SB 342 (2013), and SCS/SB 371 (2013).

AGRICULTURAL WEIGHTS AND MEASURES (Sections 323.100 and 413.225) - This act sets the testing fee for all liquid meters used for the measurement and retail sale of liquefied petroleum gas at $25 for 2014, $50 for 2015, and allows the fee to be set based upon program expenses for years thereafter so long as the fee does not exceed $75. This act also requires the Director of the Department of Agriculture to submit an annual report to the General Assembly that states the current testing fee, expenses for administering this section in the previous calendar year, any proposed change to the fee, and estimated expenses for the ensuing year. The proposed change to the testing fee shall not yield revenue greater than the program cost. The Director shall also publish the testing fee schedule on the departmental website and update the website within 30 days of a fee change.

This act also modifies the fee for inspection and calibration services. All fees collected from inspection and calibration service fees shall be deposited into the Agriculture Protection Fund. This act sets the laboratory fees for metrology calibrations at $60 per hour for tolerance testing or precision calibration. Time periods shall be computed to the nearest quarter hour. The Director of Agriculture shall fix a fee schedule for the year 2014 based upon receipts and expenses of the program so long as the fee does not exceed $125. The devices that require payment of a fee are listed in this act. Devices that require on-site field evaluations shall be charged a fee, plus mileage from the inspector's domicile to and from the inspection site.

This act also requires the Director of the Department of Agriculture to submit an annual report to the General Assembly that states the current testing fee, expenses for administering this section in the previous calendar year, any proposed change to the fee, and estimated expenses for the ensuing year. The proposed change to the testing fee shall not yield revenue greater than the program cost. The Director shall also publish the testing fee schedule on the departmental website and update the website within 30 days of a fee change.

These sections are similar to provisions contained in HB 891 (2013), and is substantially similar to HCS/HB 927 (2013) and SS/SCS/SB 373 (2013).

MISSOURI AGRICULTURAL AND SMALL BUSINESS DEVELOPMENT AUTHORITY (Section 348.521) - Currently, the Missouri agricultural and small business development authority may issue loans for livestock feed and crop input to individuals for up to forty thousand dollars. This act raises the loan amount to one hundred thousand dollars.

This section is identical to SB 342 (2013), HB 412 (2013), and a provision contained in HCS/HB 927 (2013) and HCS/SCS/SB 9 (2013).

FLUSH SYSTEM ANIMAL WASTE WET HANDLING FACILITIES (Section 640.725) - Currently, any owner or operator of a flush system animal waste wet handling facility must inspect the facility and lagoons for unauthorized discharge and structural integrity every 12 hours. This act modifies this requirement to the inspection of gravity outfall lines, recycle pump stations, and recycle force mains and appurtenances once per week. This act adds the requirement that the owner or operator shall also visually inspect once per day any lagoon whose water level is less than 12 inches from the emergency spillway.

This section is identical to a section contained in SS/SCS/HCS/HB 28 (2013) and SS/SCS/HB 650 (2013).

PUBLIC WATER AND SEWER OPERATING PERMITS (Section 644.052) - This act sets a fee for non-substantive modifications to public water and sewer operating permits at $100.

This section is identical to a provision contained in SS/SCS/HB 650 (2013) and SCS/HCS/HB 28 (2013).

KAYLA CRIDER


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