CCS HCS SB 462 -- AGRICULTURE

This bill adds and modifies provisions relating to agriculture.

COOPERATIVE ASSOCIATIONS

The bill reduces the percentage of gross sales a cooperative
association must make to its members to retain its status as a
cooperative association from 50% to 25%.

AGROFORESTRY

In cooperation with the University of Missouri College of
Agriculture, the University of Missouri Center for Agroforestry,
the University of Missouri Extension Service, the Department of
Natural Resources, and private industry councils, the Department
of Agriculture is required to develop and implement an
agroforestry program to encourage conservation of soil and
diversification of the state's agricultural base.  Through the
use of trees planted in an agroforestry configuration, the
program is to accommodate alley cropping, forested-riparian
buffers, silvopasture, and windbreaks.  Agricultural land which
is susceptible to soil erosion and has a recent crop history,
marginal pasture land, land surrounding livestock enclosures,
and land comprising riparian zones is eligible for the program.

The University of Missouri Center of Agroforestry and Extension
Service, in consultation with the Director of the Department of
Agriculture, is to establish agroforestry demonstration areas
and develop and deliver training.  The director is allowed to
pay up to 75% of the cost of planting of trees.

FARMLAND PROTECTION ACT

The Farmland Protection Act applies to tracts of real property
comprised of 10 or more contiguous acres and used for farming
purposes.

The purpose of the act is to protect agricultural,
horticultural, and forestry land; promote continued rural
economic viability; promote quality of life; promote continued
viability of those businesses dependent on providing materials,
equipment, and services to agriculture, horticulture, and
forestry; and protect owners of property used for farming from
unreasonable costs associated with assessment for improvements
running across their land.

The act requires the state or any political subdivision to hold
sewer and water assessments in abeyance, without interest, until
improvements on property covered by the act are connected to the
sewer or water system.  In Kansas City, an initial payment not
to exceed $500 per acre up to an amount not to exceed $10,000
may be assessed.  Upon connection to the sewer or water system,
the owner is to pay an amount equal to the proportionate charge
for the number of system lines connected to improvements on the
property and a reasonable hookup charge.

These provisions do not apply to public water supply districts,
except that a public water supply district may not require
payment from landowners whose property is crossed to service
another tract of land until the landowner requests connection to
the public water supply district.

Persons purchasing property located within one mile of property
used for agricultural purposes are presumed to have notice of
that use prior to the final sale.

Property subject to the act is not to be taken by any political
subdivision of the state by eminent domain except after an open
public hearing.

SOIL AND WATER CONSERVATION DISTRICTS

Under current law, soil and water conservation subdistricts are
governed by district supervisors.  The bill gives governing
powers to the trustees of watershed districts, except in the
formation, consolidation, expansion, or disestablishment of the
subdistrict.  District supervisors continue to act as advisors
and must be provided with the minutes of each subdistrict
meeting.

The bill also requires watershed district trustees to own land
within the watershed district.  Under current law, trustees must
live within the subdistrict.  Watershed district trustees are
to  fill any unexpired terms of vacant watershed district
trustee positions by appointment.

The State Soil and Water Conservation Districts Commission,
unless prohibited by law, may grant individual variances to any
rule or regulation upon presentation of adequate proof that
compliance will have an arbitrary and unreasonable impact on
landowners participating in soil and water conservation
practices.

VETERINARY MEDICINE LOAN REPAYMENT PROGRAM

The bill creates the Large Animal Veterinary Medicine Loan
Repayment Program.  The Missouri Veterinary Medical Board will
designate counties, communities, or portions of rural regions as
areas needing large animal veterinary services.  A veterinary
student meeting certain requirements may enter into a contract
with the board for repayment of educational loans.  If the
student agrees to serve 5 years or more in a board-designated
area, the board may pay up to $10,000 for each year the student
agrees to serve in the area.  Provisions for failure of the
student to meet contractual obligations are included in the
bill.  The board may authorize repayment for up to 5
veterinarians each year.

NEW GENERATION COOPERATIVES

The bill creates an additional category of new generation
cooperative agricultural project which qualifies for tax credits
from the Agricultural Product Utilization Tax Credit Fund.  A
new generation cooperative with an investment of $15 million or
more and employing at least 100 employees will be eligible for
up to $3 million in tax credits.

This portion of the bill has an emergency clause.

MOTOR FUEL PUMP LABELING FOR OXYGENATE TYPE

All sellers of motor fuel which has been blended with at least
1% oxygenate by weight are to notify the buyer, at the pump, of
the type of oxygenate blended.  This provision of the bill may
be satisfied with a sticker or label on the pump stating that
the motor fuel may or may not contain the oxygenate.  The
Department of Agriculture is to provide the sticker or label.

BIODIESEL FUEL

For school years 2002-2003 to 2005-2006, the bill allows school
districts to establish contracts with nonprofit, farmer-owned
new generation cooperatives to supply bus fuel containing at
least 20% biodiesel.  Subject to appropriation, districts that
establish contracts will receive additional state school aid for
costs above the market price for regular diesel fuel.  If there
is no incremental cost difference between biodiesel above the
market price of regular diesel, the State School Aid Program
will not make payment for biodiesel purchased during the period
where no incremental cost exists.  Payments are to be based on
the incremental cost difference incrementally, up to 0.7% of the
1998-1999 entitlement for state transportation aid, but may be
increased by 4% each year.

WARRANTY REPAIR WORK

Retailers who sell and service industrial, maintenance, and
construction power equipment or outdoor power equipment and who
do warranty work are to be reimbursed by the manufacturer at a
hourly rate equal to or greater than the hourly labor rate the
retailer currently charges consumers for nonwarranty repair work.

CRIME OF SPREADING DISEASE TO LIVESTOCK

A person who intentionally spreads a contagious, communicable,
or infectious disease to livestock or animals is guilty of a
class D felony unless the damage to livestock or animals is
$10,000,000 or more in which case the person is guilty of a
class B felony.

ANIMAL BITES

The bill requires any possible transmission of rabies or any
zoonotic disease to be reported to the Department of Health.
This requirement applies to any county that has not adopted
rules and regulations pursuant to possible transmission of
rabies or any zoonotic disease.  The department is to
investigate the incident and has discretion to order the animal
quarantined, isolated, impounded, immunized, or disposed of.

Any animal owner who fails to comply with an order of the
department is guilty of a class A misdemeanor.  The owner of the
animal who transmits rabies or any zoonotic disease is liable to
the injured party for all damages.

FENCE LAW

The bill revises Chapter 272, RSMo, Fences and Enclosures.

The bill requires animal owners wishing to repair or build a
lawful fence to give written notice to the adjoining landowner.
The landowners are to meet and each is to construct or repair
that portion of the fence which is on the right of each owner as
they stand at the center of their common property line on their
own property.  If the owners cannot agree, either may apply to
the associate circuit judge of the county who will summon 3
disinterested residents of the county to appear on the premises
and recommend to the judge the portion of the fence each
landowner is required to repair or construct.  Each
disinterested resident summoned is to receive $25 per day for
actual time served which is to be taxed as court costs.

Existing agreements not consistent with the right-hand rule are
to be in writing, signed by both parties, and recorded in the
office of the recorder of deeds in the county in which the fence
is located.  The agreement will bind the makers, their heirs,
and assigns.

If either party fails to construct or repair his or her portion
of the fence, the other may petition the associate circuit court
to authorize the petitioner to build or repair the fence as
directed by the court.  If the court authorizes such action, the
petitioner is to be given a judgment for that portion of the
fence repaired or constructed, court costs, and reasonable
attorney fees.  The judgment is to be a lien on the real estate
of the party against whom the judgment was given.

If either adjoining landowner does not need a fence, the
landowner needing the fence may build the entire fence and
report the cost to the associate circuit judge who will
authorize the recording of that amount to be recorded on each
deed.  If the landowner who claimed not to need a fence places
livestock against his or her side of the fence, the landowner
who built the fence is to receive one-half the cost of the fence.

Other provisions on fencing include:

(1)  Adjoining landowners may agree that no fence is needed;

(2)  A landowner may build a fence in excess of a lawful fence;

(3)  A lawful fence consists of posts and wire or boards at
least 4 feet high which is mutually agreed upon by adjoining
landowners or decided upon by the associate circuit court.  All
posts are to be set firmly in the ground not more than 12 feet
apart with wire or boards firmly attached and able to restrain
livestock; and

(4)  Obsolete language is repealed.

CROP DESTRUCTION

Any person or entity who knowingly damages or destroys any field
crop product that is grown for personal or commercial purposes,
testing, research, or product development in coordination with a
private research facility, university, or governmental agency is
liable for double damages.  Additionally, the court may award
court costs and reasonable attorney fees.

ANIMAL ABUSE

Currently, provisions of the animal abuse law are limited to
mammals.  The bill expands application of animal abuse
provisions to all animals.

EXOTIC PETS

Bears, nonhuman primates, and deadly or dangerous reptiles over
8 feet long are added to the list of animals required to be
registered with the local law enforcement agency in the county
in which the animal is kept.

RELEASING OF ANIMALS

Any person who intentionally releases any animal that is
lawfully confined for companionship, protection, recreation,
exhibition, or education is guilty of a class B misdemeanor and
upon any subsequent offense, a class D felony.

CROP PROTECTION ACT

Any person who causes damage, vandalizes, steals, or gains
access by false pretense for the purpose of destroying,
duplicating, or possessing any crop is guilty of a misdemeanor.
If the loss exceeds $500, a person is guilty of a class D
felony; if the loss exceeds $1,000, a class C felony; and if the
loss exceeds $100,000, a class B felony.  In addition, violators
may be subject to civil action.

PRIVATE WELLS

Unless prohibited by city ordinance, Missouri landowners retain
the right to own and use private water systems on their
property, if all applicable rules of the Department of Natural
Resources are satisfied.  Landowners choosing to use their own
water systems may not be forced to purchase water from any other
water source.

Missouri House of Representatives
Last Updated November 26, 2001 at 11:47 am