SB 703
Modifies provisions relating to agriculture
Sponsor:
LR Number:
4096H.05C
Last Action:
5/13/2016 - In Conference--SCS for SB 703-Munzlinger, with HCS, as amended
Journal Page:
Title:
HCS SCS SB 703
Calendar Position:
7
Effective Date:
August 28, 2016
House Handler:

Current Bill Summary

HCS/SCS/SB 703 - This act modifies provisions relating to agriculture.

FUEL ETHANOL PRODUCER INCENTIVE (Sections 142.028-142.029) - Provisions allowing qualified fuel ethanol producers to receive subsidies expired on December 31, 2015. Provisions allowing qualified fuel ethanol producers who produce fuel ethanol from biomass to receive subsidies are set to expire on December 31, 2019. This act changes these expiration dates to December 31, 2020.

This provision is identical to the perfected HCS/HB 1413 (2016), and is similar to HB 1874 (2016), SB 825 (2016), SCS/HCS/HB 882 (2015), SB 371 (2015), the perfected HB 854 (2015), HCS/SCS/SB 131 (2015), and HCS/SB 500 (2015).

GASEOUS BIOFUEL PRODUCER INCENTIVE (Section 142.041) - This act creates the Missouri Qualified Gaseous Biofuel Producer Incentive Fund. Upon appropriation to the Fund, such moneys shall be used to provide subsidies to Missouri qualified gaseous biofuel producers as defined in this act. Such qualified producers shall be eligible for a monthly grant from the fund for a total of 60 months. The amount of the grant shall be calculated as set forth in this act. In order to receive a grant from the Fund, a qualified gaseous biofuel producer shall apply to the Department of Agriculture and include certain information as set forth in this act. Under this act, once the Director of the Department of Agriculture approves 2 applications, the Director shall not approve any other applications that are not made by the same two producers that were first approved.

This provision shall expire on December 31, 2018. However, producers receiving any grants awarded prior to that date shall continue to be eligible for the remainder of the original 60 month time period under the same terms and conditions.

This provision is similar to SB 945 (2016).

TAX DEDUCTION FOR AGRICULTURAL DISASTER RELIEF (Section 143.121) - This act creates an income tax deduction for payments received as part of a program that compensates agricultural producers who have suffered a loss due to disaster or emergency. The deduction will be available for all tax years beginning on or after January 1, 2015.

This act is identical to HB 2169 (2016), and is substantially similar to SB 641 (2016), SCS/SB 374 (2015), HB 771 (2015), a provision in HCS/SCS/SB 131 (2015), and HCS/SB 500 (2015).

LIVESTOCK (Sections 144.010, 262.900, 265.300, 267.565, 276.606, 277.020) - Currently, livestock is defined to include buffalo. This act adds the word "bison" to this definition.

This provision is similar to SB 55 (2015).

AGRICULTURAL DATA DISCLOSURE (Section 261.130) - Under this act, certain information on an agricultural producer or owner of agricultural land in connection with such producer or owner's voluntary participation in a government program that is maintained by the Missouri Department of Agriculture or the Missouri Department of Natural Resources shall not be considered a public record and subject to public disclosure. The Missouri Department of Agriculture and the Missouri Department of Natural Resources may disclose such information under certain conditions as set forth in this act. The participation of an agricultural producer or owner of agricultural land in any program administered by the Missouri Department of Agriculture or the Missouri Department of Natural Resources shall not be conditioned on the consent of the producer or agricultural land owner to disclose such information as set forth in this act.

This provision is identical to a provision contained in SCS/HCS/HB 1414, and is similar to SB 928 (2016).

FARM-TO-TABLE PROGRAM (Sections 262.960, 262.962, & 348.407) - This act changes the "Farm-to-School Act" and program to the "Farm-to-Table Act" and program. Under this act, the program will connect Missouri farmers to institutions in order to provide such institutions with locally grown agricultural products. This act defines "institutions" as facilities including schools, correctional facilities, hospitals, nursing homes, long-term care facilities, and military bases. This act also requires the Department of Agriculture to establish guidelines for voluntary participation and parameters for program goals, which shall include the requirement that participating institutions purchase at least 10% of their food products locally by December 31, 2019. Nothing in this act shall require an institution to participate in the Farm-to-Table Program.

Currently, certain state departments are required to make staff available to the program, including the Department of Health and Senior Services, the Department of Elementary and Secondary Education, and the Office of Administration. This act adds the Department of Corrections to this staff requirement.

Currently, the Farm-to-Table Task Force is composed of certain members. Under this act, one representative will also be added to the Task Force from the Department of Corrections, the Department of Health and Senior Services, and from a military base in this state. Currently, the Director of the Department of Agriculture and the Director of the Department of Elementary and Secondary Education may each appoint 2 members to the Task Force. Under this act, each may only appoint 1 member. Further, the Director of the Department of Corrections and the Director of the Department of Health and Senior Services shall each appoint 1 member. The Director of the Department of Agriculture shall also appoint 1 member who is a registered dietician. Under this act, the Task Force is required to prepare a report for the Governor, General Assembly, and the Director of each entity represented on the Task Force by December 31 of each year.

Currently, the Farm-to-School Act and Program expired on December 31, 2015. This act repeals this expiration date.

These provisions are identical to SCS/SBs 1010, 958, & 878, SCS/HCS/HB 2121, 1747, & 2244 (2016), and HCS/SB 665 (2016), and are similar to HCS/SCS/SB 38 (2015), and HCS/HB 1184 (2015).

FERTILIZER CONTROL BOARD (Sections 266.301-266.347) - This act repeals the Advisory Council to the Director of the Missouri Agriculture Experiment Station and establishes the Fertilizer Control Board. The Board shall be composed of 13 members, 5 of which shall be nominated by the nonprofit corporation organized under Missouri law to promote the interests of the fertilizer industry, 5 of which shall be nominated by Missouri nonprofit corporations that represent farmers, and 3 shall be at-large members. The filling of vacancies, the selection of officers, and meeting conduct shall be outlined in the bylaws established by the Board. The Board shall perform certain criteria as set forth in this act. Agents of the Fertilizer Control Board are also authorized to perform certain duties as set forth in this act.

Where a preliminary analysis shows that a fertilizer has a potential plant food deficiency, the distributor shall be provided notification within 2 business days by phone or email, in addition to a letter delivered by mail. Once the analysis is certified, a certification of the penalties assessed shall be mailed to the distributor liable for the penalty. Under this act, total penalties assessed to a fertilizer distributor shall not exceed $5,000 per year, or the amount of the current value of the plant food deficiency, whichever is greater. A fertilizer distributor who knowingly violates provisions of law relating to fertilizers shall be assessed a penalty of not more than $25,000 for each offense.

These provisions are identical to SCS/HB 1728, and are substantially similar to the perfected SB 655 (2016), SB 469 (2015), HCS/SCS/SB 131 (2015), HB 997 (2015), and SCS/HB 100 (2015).

FERTILIZERS AND SOIL CONDITIONERS (Section 266.600) - This act prohibits political subdivisions from adopting or enforcing ordinances, rules, or regulations relating to the labeling, cultivation, or use of fertilizers or soil conditioners. This act shall not apply to any ordinance enacted prior to January 1, 2016.

This provision is identical to the perfected HCS/HB 1729 (2016), and is similar to SB 769 (2016).

ANIMAL DISEASE TRACEABILITY PROGRAM DATA DISCLOSURE (Section 267.169) - Under this act, certain data relating to animals shall not be considered a public record and shall not be subject to disclosure except under certain circumstances set forth in this act. Any person who knowingly releases such data may be subject to civil action, and a court may order any appropriate relief including damages up to $10,000 and reasonable attorney's fees.

This provision is identical to a provision contained in SCS/HB 1414 (2016), and is similar to HCS/SCS/SB 131 (2015), HCS/HB 479 (2015), HCS/SCS/SB 506 (2014), and HB 2094 (2014).

PER BARREL MOTOR FUEL INSPECTION FEE (Section 414.082) - Currently, the fee for the inspection of certain motor fuels shall not be less than 1.5 cents per barrel and shall not exceed 2.5 cents per barrel. Under this act, the per barrel fee shall not exceed 4 cents per barrel from 2017 to 2021, and shall not exceed 5 cents per barrel from 2022 and thereafter.

This provision is identical to the perfected SB 884 (2016), and provisions contained in HCS/SB 665 (2016), HCS/HB 2632 (2016), and HCS/SS/SCS/SB 657 (2016). This provision is substantially similar to SCS/SB 520 (2015), HCS/SCS/SB 131 (2015), HCS/SB 500 (2015), and SCS/HB 882 (2015).

SHOW ME RURAL JOBS ACT (Sections 620.1950-620.1958) - This act creates the Show Me Rural Jobs Act. Under the act, the Department of Agriculture will accept and review applications for approved investment companies that invest in rural business concerns. Applications shall include the amount of growth capital the applicant is seeking and a $5000 fee. The act requires growth capital to be comprised of 60% or less credit-eligible capital contribution. The act lists other information that must be included such as evidence that the applicant meets certain criteria and information on the potential benefit to the state. For the credit-eligible capital contributions, each investor must submit an affidavit stating a commitment to make the contribution and the amount.

The Department of Agriculture shall not approve more than $125,000,000 in growth capital and not more than $100,000,000 in credit-eligible capital contributions. The Department of Agriculture can deny an application only for certain enumerated reasons and an applicant has a chance to provide additional information to cure any defect in the application that led to denial. Upon approval, the Department of Agriculture will provide written notice to the applicant with the amount of growth capital and a tax credit certificate for each investor whose affidavit was attached.

Within 60 days of notice of approval, the approved investment company shall collect the credit-eligible capital contributions from the investors who signed affidavits and one or more cash investments that will compose the remaining amount of growth capital. Within 65 days, the approved investment company shall provide the Department of Economic Development with documentation that the amounts have been collected. If the company fails to comply, the Department of Economic Development shall award lapsed growth capital to each approved investment company that received less than it requested. Any remaining capital may be awarded to newly approved companies.

The act creates a non-refundable tax credit for taxpayers making a credit-eligible capital contribution to an investment company. This credit cannot be sold, transferred, or allocated to any other company except an affiliate. The taxpayer may claim up to 20% of the credit for each year after July 1, 2018. If the amount of the credit exceeds the taxpayer's liability for that year, the excess shall be carried forward and claimed during the next five years. The maximum amount of credits claimed by all taxpayers cannot exceed $15,000,000, not including amounts carried forward from previous years.

The Department of Economic Development shall revoke tax credit certificates issued under this act in several situations depending on the approved investment company's actions. The Department of Economic Development must provide notice to the approved investment company before revoking the tax credit certificates and the company has 90 days to correct any violations to avoid revocation. If the tax credit certificates are revoked, they no longer count toward the limits above and may be reallocated. After 5 years an approved investment company may leave the program. If state and local tax revenues fall short of the amount anticipated in the application, the state may recover a percentage of the distributions.

Each approved investment company must submit a report to the Departments of Agriculture and Economic Development roughly 2 years after it collects the total growth investment. This report must contain specific information. After that, the approved investment company must submit an annual report each April.

This provision is identical to HCS/HB 1927 (2016), and is similar to SB 885 (2016).

KAYLA HAHN

HA 1 - THIS AMENDMENT DELAYS A TAX CREDIT FOR TAXPAYERS THAT MAKE A CREDIT-ELIGIBLE CAPITAL CONTRIBUTION TO AN APPROVED INVESTMENT COMPANY FROM 2018 TO 2020.

HA 2 - THIS AMENDMENT CHANGES THE DATE THAT A PERSON RECEIVING INCOME AS PAYMENT FROM A PROGRAM THAT PROVIDES COMPENSATION TO PRODUCERS THAT HAVE SUFFERED A LOSS FROM 2015 TO 2014, AND REMOVES SEVERAL SECTIONS RELATING TO DATA COLLECTION FOR FARMERS VOLUNTARILY PARTICIPATING IN GOVERNMENT PROGRAMS, A PROVISION ESTABLISHING THE FERTILIZER CONTROL BOARD, A PROVISION PROHIBITING POLITICAL SUBDIVISIONS FROM ENACTING ORDINANCES RELATING TO FERTILIZERS AND SOIL CONDITIONERS, AND A PROVISION RELATING TO PUBLIC RECORDS OF PARTICIPANTS IN THE FEDERAL ANIMAL DISEASE TRACEABILITY PROGRAM.

HA 3 - THIS AMENDMENT MODIFIES THE DEFINITION OF "OPERATING COMPANY" FOR PURPOSES OF THE SHOW ME RURAL JOBS ACT.

HA 4 - THIS AMENDMENT ALLOWS LOCAL LOG TRUCKS TO RECEIVE A PERMIT FOR A $200 FEE THAT ALLOWS SUCH TRUCKS TO TRANSPORT HARVESTED OR PROCESSED FORESTED PRODUCTS OUTSIDE OF A 100-MILE RADIUS AT THE WEIGHT LIMITS FOR COMMERCIAL VEHICLES.

HCA 5 - THIS AMENDMENT CHANGES THE DATE THAT A PERSON RECEIVING INCOME AS PAYMENT FROM A PROGRAM THAT PROVIDES COMPENSATION TO PRODUCERS THAT HAVE SUFFERED A LOSS FROM 2015 TO 2017, DELAYS THE TIMELINE THAT THE DEPARTMENT OF AGRICULTURE SHALL ACCEPT APPLICATIONS FOR APPROVED INVESTMENT COMPANIES FROM 2016 TO 2018, AND DELAYS A TAX CREDIT FOR TAXPAYERS THAT MAKE A CREDIT-ELIGIBLE CAPITAL CONTRIBUTION TO AN APPROVED INVESTMENT COMPANY FROM 2018 TO 2020.

Amendments