SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 1970
93RD GENERAL ASSEMBLY
Reported from the Special Committee on Agri-Business April 12, 2006 with recommendation that House Committee Substitute for
House Bill No. 1970 Do Pass. Referred to the Committee on Rules pursuant to Rule 25(26)(f).
STEPHEN S. DAVIS, Chief Clerk
5532L.03C
AN ACT
To repeal sections 260.546 and 537.353, RSMo, and to enact in lieu thereof two new sections
relating to mitigation of property damage or destruction.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 260.546 and 537.353, RSMo, are repealed and two new sections
enacted in lieu thereof, to be known as sections 260.546 and 537.353, to read as follows:
260.546. 1. In the event that a hazardous substance release occurs for which a political
subdivision or volunteer fire protection association as defined in section 320.300, RSMo,
provides emergency services, the person having control over a hazardous substance shall be
liable for such reasonable and necessary cleanup costs incurred by the political subdivision or
volunteer fire protection association. Such liability includes the cost of materials, supplies and
contractual services actually used to [secure an emergency situation] clean up the release of a
hazardous substance. The liability may also include the cost for contractual services which are
not routinely provided by the department or political subdivision or volunteer fire protection
association. Such liability shall not include the cost of normal services which otherwise would
have been provided. Such liability shall not include budgeted administrative costs or the costs
for duplicate services if multiple response teams are requested by the department or political
subdivision unless, in the opinion of the department or political subdivision, duplication of
service was required to protect the public health and environment. [Such liability shall be
established upon receipt by] No later than sixty days after the completion of the cleanup of
the release of a hazardous substance the political subdivision or volunteer fire protection
association shall submit to the person having control of the spilled hazardous substance [of]
an itemized statement of costs provided by the political subdivision.
2. Full payment shall be made within thirty days of receipt of the cost statement unless
the person having control over the hazardous substance contests the amount of the costs pursuant
to this section. If the person having control over the hazardous substance elects to contest the
payment of such costs, [he] such person shall file an appeal with the director within thirty days
of receipt of the cost statement.
3. Upon receipt of such an appeal, the director shall notify the parties involved of the
appeal and collect such evidence from the parties involved as [he] the director deems necessary
to make a determination of reasonable cleanup costs. The burden of proof shall be on the
political subdivision or volunteer fire protection district to document and justify such
cleanup costs allowed under subsection 1 of this section. Within [thirty] sixty days of
notification of the appeal, the director shall notify the parties of his or her decision. The director
shall direct the person having control over a hazardous substance to pay those costs [he] the
director finds to be reasonable and appropriate. The determination of the director shall become
final thirty days after receipt of the notice by the parties involved unless prior to such date one
of the involved parties files a petition for judicial review pursuant to chapter 536, RSMo.
4. The political subdivision or volunteer fire protection association may apply to the
department for reimbursement from the hazardous waste fund created in section 260.391 for the
costs for which the person having control over a hazardous substance shall be liable if the
political subdivision or volunteer fire protection association is able to demonstrate a need for
immediate relief for such costs and believes it will not receive prompt payment from the person
having control over a hazardous substance. When the liability owed to the political subdivision
or volunteer fire protection association by the person having control over a hazardous substance
is paid, the political subdivision or volunteer fire protection association shall reimburse the
department for any payment it has received from the hazardous waste fund. Such reimbursement
to a political subdivision or volunteer fire protection association by the department shall be paid
back to the department by the political subdivision or volunteer fire protection association within
that time limit imposed by the department notwithstanding failure of the person having control
over a hazardous substance to reimburse the political subdivision or volunteer fire protection
association within that time.
5. Notwithstanding any provision of this section to the contrary, any owner, as
defined in section 537.297, RSMo, of anhydrous ammonia shall not be liable for cleanup
costs as a result of an anhydrous ammonia release by a tamperer, as defined in section
537.297, RSMo.
537.353. 1. Any person or entity who knowingly damages or destroys any field crop
product that is grown for personal or commercial purposes, or for testing or research purposes
in the context of a product development program in conjunction or coordination with a private
research facility, a university, or any federal, state or local government agency, shall be liable for
double damages pursuant to this section.
2. Notwithstanding the provisions of section 537.340, or the provisions of subsection
1 of this section, any person or entity who negligently commits any of the acts described in
subsection 1 of this section shall be liable only for compensatory damages.
3. In awarding damages pursuant to subsections 1 and 2 of this section, the courts shall
consider the following:
(1) The market value of the crop prior to damage or destruction; and
(2) The actual damages involving production, research, testing replacement and crop
development costs directly related to the crop that has been damaged or destroyed.
[3.] 4. In addition, the court may award court costs, including reasonable attorneys fees.
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