FIRST REGULAR SESSION
[PERFECTED]
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES MUNZLINGER (Sponsor), SANDER, FISHER, McGHEE AND SATER (Co-sponsors).
Read 1st time January 11, 2007 and copies ordered printed.
Read 2nd time January 16, 2007 and referred to the Special Committee on Agri-Business January 25, 2007.
Reported from the Special Committee on Agri-Business February 15, 2007 with recommendation that the bill Do Pass by Consent. Referred to the Committee on Rules pursuant to Rule 25(21)(f).
Reported from the Committee on Rules February 20, 2007 with recommendation that the bill Do Pass by Consent.
Perfected by Consent February 28, 2007.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal section 537.353, RSMo, and to enact in lieu thereof one new section relating to field crop damage.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 537.353, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 537.353, to read as follows:
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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