HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1762

90TH GENERAL ASSEMBLY

TERRY L. SPIELER, Secretary.

4136S.11C

To repeal sections 32.105, 32.110 and 262.260, RSMo Supp. 1999, and to enact in lieu thereof eleven new sections relating to agriculture, with an effective date for a certain section.

Section A.  Sections 32.105, 32.110 and 262.260, RSMo Supp. 1999, are repealed and eleven new sections enacted in lieu thereof, to be known as sections 32.105, 32.110, 135.813, 261.032, 261.037, 261.038, 261.110, 262.260, 263.232, 620.1350 and 620.1353, to read as follows:

32.105.  As used in sections 32.100 to 32.125, the following terms mean:

(1)  "Affordable housing assistance activities", money, real or personal property, or professional services expended or devoted to the construction, or rehabilitation of affordable housing units;

(2)  "Affordable housing unit", a residential unit generally occupied by persons and families with incomes at or below the levels described in this subdivision and bearing a cost to the occupant no greater than thirty percent of the maximum eligible household income for the affordable housing unit.  In the case of owner-occupied units, the cost to the occupant shall be considered the amount of the gross monthly mortgage payment, including casualty insurance, mortgage insurance, and taxes.  In the case of rental units, the cost to the occupant shall be considered the amount of the gross rent.  The cost to the occupant shall include the cost of any utilities, other than telephone.  If any utilities are paid directly by the occupant, the maximum cost that may be paid by the occupant is to be reduced by a utility allowance prescribed by the commission.  Persons or families are eligible occupants of affordable housing units if the household combined, adjusted gross income as defined by the commission is equal to or less than the following percentages of the median family income for the geographic area in which the residential unit is located, or the median family income for the state of Missouri, whichever is larger; ("geographic area" means the metropolitan area or county designated as an area by the federal Department of Housing and Urban Development under Section 8 of the United States Housing Act of 1937, as amended, for purposes of determining fair market rental rates):

Percent of State or

Geographic Area Family

Size of Household Median Income

One Person 35%

Two Persons 40%

Three Persons 45%

Four Persons 50%

Five Persons 54%

Six Persons 58%

Seven Persons 62%

Eight Persons 66%

(3)  "Business firm", person, firm, a partner in a firm, corporation or a shareholder in an S corporation doing business in the state of Missouri and subject to the state income tax imposed by the provisions of chapter 143, RSMo, or a corporation subject to the annual corporation franchise tax imposed by the provisions of chapter 147, RSMo, or an insurance company paying an annual tax on its gross premium receipts in this state, or other financial institution paying taxes to the state of Missouri or any political subdivision of this state pursuant to the provisions of chapter 148, RSMo, or an express company which pays an annual tax on its gross receipts in this state;

(4)  "Commission", the Missouri housing development commission;

(5)  "Community services", any type of counseling and advice, emergency assistance or medical care furnished to individuals or groups in the state of Missouri or transportation services at below-cost rates as provided in sections 208.250 to 208.275, RSMo;

(6)  "Crime prevention", any activity which aids in the reduction of crime in the state of Missouri;

(7)  "Defense industry contractor", a person, corporation or other entity which will be or has been negatively impacted as a result of its status as a prime contractor of the Department of Defense or as a second or third tier contractor.  A "second tier contractor" means a person, corporation or other entity which contracts to perform manufacturing, maintenance or repair services for a prime contractor of the Department of Defense, and a "third tier contractor" means a person, corporation or other entity which contracts with a person, corporation or other entity which contracts with a prime contractor of the Department of Defense;

(8)  "Doing business", among other methods of doing business in the state of Missouri, a partner in a firm or a shareholder in an S corporation shall be deemed to be doing business in the state of Missouri if such firm or S corporation, as the case may be, is doing business in the state of Missouri;

(9)  "Economic development", the acquisition, renovation, improvement, or the furnishing or equipping of existing buildings and real estate in distressed or blighted areas of the state when such acquisition, renovation, improvement, or the furnishing or equipping of the business development projects will result in the creation or retention of jobs within the state; or, until June 30, 1996, a defense conversion pilot project located in a standard metropolitan statistical area which contains a city with a population of at least three hundred fifty thousand inhabitants, which will assist Missouri-based defense industry contractors in their conversion from predominately defense-related contracting to nondefense-oriented manufacturing.  Only neighborhood organizations, as defined in subdivision (13) of this section, may apply to conduct economic development projects.  Prior to the approval of an economic development project, the neighborhood organization shall enter into a contractual agreement with the department of economic development.  Credits approved for economic development projects may not exceed four million dollars from within any one fiscal year's allocation.  Neighborhood assistance program tax credits for economic development projects and affordable housing assistance as defined in section 32.111, may be transferred, sold or assigned by a notarized endorsement thereof naming the transferee;

(10)  "Education", any type of scholastic instruction or scholarship assistance to an individual who resides in the state of Missouri that enables the individual to prepare himself or herself for better opportunities or community awareness activities rendered by a statewide organization established for the purpose of archeological education and preservation;

(11)  "Eligible farmer's market", a group of farmers, each of whom farms agricultural land located within this state which he or she rents or owns, and who have formed a group for the purpose of allowing each member farmer to sell his or her products derived from his or her farming activities to the public at a common structure or building when at least fifty percent of the costs of such structure or building are paid for by such group of farmers;

(12)  "Farms" and "farming activities", using or cultivating land for the production of (a) agricultural crops; (b) livestock or livestock products; (c) poultry or poultry products; (d) milk or dairy products; or (e) fruit or other horticultural products, provided; however, "farms" and "farming activities" shall not include a processor of farm products or a distributor of farming supplies contracting to provide spraying, harvesting or other farming services;

(13)  "Homeless assistance pilot project", the program established pursuant to section 32.117;

[(12)]  (14)  "Job training", any type of instruction to an individual who resides in the state of Missouri that enables the individual to acquire vocational skills so that the individual can become employable or be able to seek a higher grade of employment;

[(13)]  (15)  "Neighborhood organization", any organization performing community services or economic development activities in the state of Missouri and:

(a)  Holding a ruling from the Internal Revenue Service of the United States Department of the Treasury that the organization is exempt from income taxation pursuant to the provisions of the Internal Revenue Code; or

(b)  Incorporated in the state of Missouri as a not for profit corporation pursuant to the provisions of chapter 355, RSMo; or

(c)  Designated as a community development corporation by the United States government pursuant to the provisions of Title VII of the Economic Opportunity Act of 1964;

[(14)]  (16)  "Physical revitalization", furnishing financial assistance, labor, material, or technical advice to aid in the physical improvement or rehabilitation of any part or all of a neighborhood area;

[(15)]  (17)  "S corporation", a corporation described in Section 1361(a)(1) of the United States Internal Revenue Code and not subject to the taxes imposed by section 143.071, RSMo, by reason of section 143.471, RSMo;

[(16)]  (18)  "Workfare renovation project", any project initiated pursuant to sections 215.340 to 215.355, RSMo.

32.110.  Any business firm which engages in the activities of providing physical revitalization, economic development, job training or education for individuals, community services, or crime prevention in the state of Missouri shall receive a tax credit as provided in section 32.115 if the director of the department of economic development annually approves the proposal of the business firm; except that, no proposal shall be approved which does not have the endorsement of the agency of local government within the area in which the business firm is engaging in such activities which has adopted an overall community or neighborhood development plan that the proposal is consistent with such plan.  The proposal shall set forth the program to be conducted, the neighborhood area to be served, why the program is needed, the estimated amount to be contributed to the program and the plans for implementing the program.  If, in the opinion of the director of the department of economic development, a business firm's contribution can more consistently with the purposes of sections 32.100 to 32.125 be made through contributions to a neighborhood organization as defined in subdivision (12) of section 32.105, tax credits may be allowed as provided in section 32.115.  The director of the department of economic development is hereby authorized to promulgate rules and regulations for establishing criteria for evaluating such proposals by business firms for approval or disapproval and for establishing priorities for approval or disapproval of such proposals by business firms with the assistance and approval of the director of the department of revenue.  The total amount of tax credit granted for programs approved pursuant to sections 32.100 to 32.125 shall not exceed fourteen million dollars in fiscal year 1999 and twenty-six million dollars in fiscal year 2000, and any subsequent fiscal year, except as otherwise provided for proposals approved pursuant to section 32.111, 32.112 or 32.117.  All tax credits authorized pursuant to the provisions of sections 32.100 to 32.125 may be used as a state match to secure additional federal funding.  Contributing funds to help finance a building or structure and any equipment necessary therein which is located within this state and used to sell or add value to agricultural food products grown or produced in Missouri by family farm corporations, as defined in subdivision (5) of section 350.010, RSMo, family farms as defined in subdivision (4) of section 350.010, RSMo, and value-added agricultural products produced by eligible new generation cooperatives, as defined in section 348.430, RSMo.  The total amount of tax credits allowed for programs described in the preceding sentence is two and one-half million dollars per fiscal year for fiscal years 2002 to 2006.

135.813.  1.  Any taxpayer who has provided funds to the department of economic development for the support of a rural housing development revolving loan pilot program, as provided in section 620.1350, shall be allowed to claim a tax credit against the taxpayer's state tax liability, in an amount equal to fifty percent of the amount such taxpayer has contributed for the program.

2.  The amount of the tax credit claimed shall not exceed the amount of the taxpayer's state tax liability for the taxable year that the credit is claimed, and such taxpayer shall not be allowed to claim a tax credit in excess of fifty thousand dollars per taxable year.  Any amount of credit which exceeds the tax due shall not be refunded but may be carried over to any subsequent taxable year, not to exceed four years.  The cumulative amount of tax credits which may be claimed by all the taxpayers in any one fiscal year shall not exceed two hundred ten thousand dollars.

3.  The taxpayer shall apply for the credit to the department of economic development.  The department may require the taxpayer to provide information that is reasonably necessary to determine the applicant's eligibility for a tax credit.

4.  The department of economic development shall certify to the department of revenue each applicant which qualifies for the tax credit.

5.  This section shall become effective January 1, 2002, and shall apply to all tax years after December 31, 2001.

261.032.  The director of the department of agriculture shall, for the use of the marketing division of the department of agriculture, develop and implement rules and regulations by product category for all Missouri agricultural products included in the AgriMissouri marketing program or any equivalent successor program.  Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo.  This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2000, shall be invalid and void.

261.037.  1.  There is hereby created in the state treasury for the use of the marketing division of the state department of agriculture a fund to be known as "The Missouri Agricultural Products Marketing Development Fund".  The general assembly shall appropriate to the fund from the general revenue fund one million three hundred thousand dollars for fiscal year 2002, one million dollars for fiscal year 2003 and seven hundred fifty thousand dollars for fiscal years 2004 through 2006.  All moneys received by the state department of agriculture for Missouri agricultural products marketing development from any source, including trademark fees, shall be deposited in the fund.  Moneys deposited in the fund shall, upon appropriation by the general assembly to the state department of agriculture, be expended by the marketing division of the state department of agriculture for purposes of Missouri agricultural products marketing development as specified in this section.  The unexpended balance in the Missouri agricultural products marketing development fund at the end of the biennium shall not be transferred to the ordinary revenue fund of the state treasury and accordingly shall be exempt from the provisions of section 33.080, RSMo, relating to transfer of funds to the ordinary revenue funds of the state by the state treasurer.

2.  There is hereby created within the department of agriculture the "Citizens' Advisory Commission for Marketing Missouri Agricultural Products".  The commission shall establish guidelines for the spending by the marketing division of the department of agriculture of all moneys in the Missouri agricultural products marketing development fund created pursuant to subsection 1 of this section.  The guidelines shall focus on the promotion of the AgriMissouri or successor trademark associated with Missouri agricultural products which has been approved by the general assembly, and shall advance the following objectives:

(1)  Increasing the impact and fostering the effectiveness of local efforts to promote Missouri agricultural products;

(2)  Enabling and encouraging expanded advertising efforts for Missouri agricultural products;

(3)  Encouraging effective, high-quality advertising projects, innovative marketing strategies, and the coordination of local, regional and statewide marketing efforts;

(4)  Providing training and technical assistance to cooperative-marketing partners.

The commission may establish a fee structure for sellers electing to use the AgriMissouri or successor trademark associated with Missouri agricultural products.  Under the fee structure: (1) A seller having gross annual sales greater than two million dollars per fiscal year of Missouri agricultural products which constitute the final product of a series of processes or activities shall remit to the marketing division of the department of agriculture, at such times and in such manner as may be prescribed, a trademark fee of one-half of one percent of the aggregate amount of all of such seller's wholesale sales of products carrying the AgriMissouri or successor trademark; and (2) All sellers having gross annual sales less than or equal to two million dollars per fiscal year of Missouri agricultural products which constitute the final product of a series of processes or activities shall, after three years of selling Missouri agricultural products carrying the AgriMissouri or successor trademark, shall remit to the marketing division of the department of agriculture, at such times and in such manner as may be prescribed, a trademark fee of one-half of one percent of the aggregate amount of all of such seller's wholesale sales of products carrying the AgriMissouri or successor trademark.  All trademark fees shall be deposited to the credit of the Missouri agricultural products marketing development fund, created pursuant to section 261.037.  The commission may also create two additional trademark labels to be associated with Missouri agricultural products which are certified organic products and certified family farm produced products.

3.  The marketing division of the department of agriculture is authorized to promote rules consistent with the guidelines and fee structure established by the commission.  No rules or portion of a rule shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.

4.  The commission shall consist of nine members appointed by the governor with the advice and consent of the senate.  One member shall be the director of the market development division of the department of agriculture.  At least one member shall be a specialist in advertising; at least one member shall be a specialist in agribusiness; at least one member shall be a specialist in the retail grocery business; at least one member shall be a specialist in communications; at least one member shall be a specialist in product distribution; at least one member shall be a family farmer with expertise in livestock farming; at least one member shall be a family farmer with expertise in grain farming and at least one member shall be a family farmer with expertise in organic farming.  Members shall serve for four-year terms, except in the first appointments three members shall be appointed for terms of four years, three members shall be appointed for terms of three years and three members shall be appointed for terms of two years each.  Any member appointed to fill a vacancy of an unexpired term shall be appointed for the remainder of the term of the member causing the vacancy.  The governor shall appoint a chairperson of the commission, subject to ratification by the commission.

5.  Commission members shall receive no compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties on the commission.  The division of market development of the department of agriculture shall provide all necessary staff and support services as required by the commission to hold commission meetings, to maintain records of official acts and to conduct all other business of the commission.  The commission shall meet quarterly and at any such time that it deems necessary.  Meetings may be called by the chairperson or by a petition signed by a majority of the members of the commission.  Ten days notice shall be given in writing to such members prior to the meeting date.  A simple majority of the members of the commission shall be present to constitute a quorum.  Proxy voting shall not be permitted.

261.038.  The marketing division of the department of agriculture shall create an Internet web site for the purpose of fostering the marketing of Missouri agricultural products over the Internet.  The web site shall allow consumers to place orders for Missouri agricultural products over the Internet and shall enable small companies which process Missouri agricultural products to pool products with other such small companies.

261.110.  1.  The department of agriculture shall develop standards and labeling for organic farming.

2.  The department of agriculture shall adopt rules to implement the provisions of this section.

3.  No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.

262.260.  1.  The commission shall establish admission fees to be charged at the gates of the fairgrounds.  The admission fees, revenues from the sale of privileges and revenues as a result of pari-mutuel wagering shall be payable to and collected by the department of agriculture and transmitted to the state director of revenue who shall deposit the same [in the general revenue fund to the credit of the state fair fee account] to the credit of the "State Fair Fee Fund" which is hereby created in the state treasury.  Such fund may also receive gifts, grants, contributions, appropriations and funds or benefits from any other source or sources.  The money in the state fair fee [account] fund may be used in improving and beautifying the grounds, paying premiums and defraying expenses of the state fair, including officers' salaries, the hire of assistants, expense and equipment, capital improvements and maintenance and repair.

2.  The unexpended balance in the state fair fee fund at the end of each fiscal year shall not be transferred to the general revenue fund of the state, and the provisions of section 33.080, RSMo, relating to the transfer of funds to the general revenue fund of the state by the state treasurer shall not apply to the state fair fee fund.

3.  Any portion of the fund not immediately needed for the purposes authorized shall be invested by the state treasurer as provided by the constitution and laws of this state.  All income from such investments shall be deposited in the state fair fee fund.

263.232.  It shall be the duty of any person or persons, association of persons, corporations, partnerships, the state highways and transportation commission, any state department, any state agency, the county commissions, the township boards, school boards, drainage boards, the governing bodies of incorporated cities, railroad companies and other transportation companies or their authorized agents and those supervising state-owned lands to control the spread of and to eradicate by methods approved by the state department of agriculture cut-leaved teasel (Dipsacus laciniatus), common teasel (Dipsacus fullonum) and kudzu vine (Pueraria lobata) which are hereby designated as noxious and dangerous weeds to agriculture.

620.1350.  1.  The department of economic development shall establish three rural housing development revolving loan pilot programs as provided in this section.

2.  Three pilot programs shall provide loans for the construction of single family houses within incorporated communities with a population of five thousand or less in a county of the third classification.

3.  The loans shall be at no interest and shall be made to nonprofit corporations.  The amount of each loan shall be no more than seventy thousand dollars.

4.  Any nonprofit corporation desiring to construct single family housing pursuant to section 620.1350 shall apply to the department for such funds.  The application shall include information pertaining to, but not limited to, the following:

(1)  The area in which the housing is intended to be constructed;

(2)  A statement about the need for single family housing in such area;

(3)  The time period required for constructing each home and making it available on the market;

(4)  A list of the officers, with addresses and phone numbers, of the corporation;

(5)  The assets and experience of the corporation and the individual or agency who will advise such corporation in the construction of such housing; and

(6)  A statement as to availability and cost of sewage and water lines for such housing.

5.  The department shall award loans to qualified nonprofit organizations according to the statement of need and compliance with this section.

6.  The department shall set criteria that could result in the expiration of the loan, may require reasonable reports on the progress of housing construction and may inspect the construction sites and records of the nonprofit corporation.

7.  A nonprofit corporation receiving a loan shall place the funds in an account to pay for the costs of construction, buying, selling, and preparing a property.  Any interest earned on the account shall be kept in the account and used for the same purposes.

8.  Upon the sale of a home, the proceeds shall be placed in the fund and used to finance the construction of another home or to repay the loan.  Any deficit on a loan shall be repaid by the nonprofit corporation.  Any surplus remaining after repayment of a loan shall remain in the fund to be used for the public benefit in construction or rehabilitation of housing.

9.  Separate records shall be kept for the costs of each home built by the nonprofit corporation.

10.  The construction of homes by nonprofit corporations pursuant to this section shall be done on site at a location where water and sewage services are available.  Cities and other political subdivisions may waive the costs of connecting utilities or providing building permits or other services.

11.  All homes shall be constructed in accordance with the rural development building standards of the United States Department of Agriculture or in urban areas shall meet the codes in effect in those communities, but additional consideration may be given to those entities constructing homes which incorporate basic elements of universal design for elderly and disabled occupants.

12.  The nonprofit corporation may contract with other entities for the buying and selling of property and for construction of housing pursuant to this section.

13.  Homes constructed by nonprofit corporations pursuant to this section shall be sold at cost plus a two thousand five hundred dollar administration fee.  The administration fee may be used to pay an individual or agency with previous experience in housing construction for supervising the purchase of land and construction of each house.  Any such agent of the corporation shall ensure that all legal and insurance requirements are met.  Any part of the administration fee remaining after paying such costs shall be placed into the fund.

14.  The buyer of the home may use any available financing mechanism to make the purchase, including any other state or federal assistance programs.

15.  The nonprofit corporation shall establish priorities for selling homes to low income or moderate income persons and families, as defined in section 215.010, insofar as such buyers have financing arrangements completed previous to occupancy.  The nonprofit corporation shall contact any local housing authority or community housing development organization to ascertain qualified buyers prior to the completion of construction.

16.  The nonprofit corporation shall ensure that the sales contract shall contain a clause to prevent speculative purchases.  The clause shall require an interest-free second mortgage to be obtained for the difference between the sale price and the appraised price, if any.  The interest-free second mortgage shall be payable to the nonprofit organization and shall become due and payable to such organization if the buyer of the home sells the property prior to five years of ownership.  The interest-free second mortgage shall be null and void after a period of five years following the closing date of the home purchase if the following requirements are met:

(1)  The home has been the primary home of the purchaser for a period of five years after the closing date; and

(2)  The property has not been used as rental property for such five-year period.

620.1353.  1.  The "Rural Housing Development Revolving Loan Pilot Program Fund" is hereby established within the department of economic development.  The fund shall consist of all moneys provided by taxpayers to support the rural housing development revolving loan pilot program pursuant to section 135.813, RSMo.

2.  The fund shall be administered by the department of economic development.  Upon appropriation, money in the fund shall be used solely for the purposes contained in section 620.1350.  The state treasurer shall invest moneys in the fund in the same manner as other funds are invested.  Interest and moneys earned on such investments shall be credited to the fund.

3.  Notwithstanding the provisions of section 33.080, RSMo, moneys in the fund shall not be transferred to the general revenue fund.