HCS HB 1970 -- MITIGATION OF PROPERTY DAMAGE AND DESTRUCTION

SPONSOR:  Munzlinger

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Agri-Business by a vote of 9 to 0.

This substitute exempts owners of anhydrous ammonia from
reasonable cleanup costs caused by illegal tampering and
specifies that a person who negligently damages or destroys a
field crop product is liable only for actual damages directly
related to the damaged or destroyed crop.  Currently, a person
who knowingly damages or destroys a field crop product is liable
for double the damages.

FISCAL NOTE:  No impact on state funds in FY 2007, FY 2008, and
FY 2009.

PROPONENTS:  Supporters say that the current double-damages award
for a person who knowingly destroys a crop is appropriate;
however, if the destruction is the result of negligence, an award
of actual damages is fair to the crop owner and the negligent
party.

Testifying for the bill were Representative Munzlinger; Missouri
Agriculture Industries Council; Missouri Association of Trial
Attorneys; and Missouri Corn Growers Association.

OPPONENTS:  There was no opposition voiced to the committee.

Roland Tackett, Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:45 am