Summary of the House Committee Version of the Bill

HCS SS SCS SB 837, 866, 972 & 990 -- AGRICULTURE

SPONSOR:  Cauthorn (Berkowitz)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Agriculture by a vote of 17 to 7.

This substitute makes several changes to agricultural law.


Currently, the Missouri Qualified Fuel Ethanol Producer Incentive
Fund is administered on a calendar year.  The substitute requires
it be administered on a fiscal year.

Producers who failed to receive all grants earned during their 60
consecutive month's qualification due to lack of appropriations
are to receive the full amount from the fund for which they were
eligible during the succeeding 24 months or until they have
received the full amount they were eligible for during the
original 60-month period.


The substitute creates the Missouri Qualified Biodiesel Producers
Incentive Fund, which provides an incentive to producers of
biodiesel of 30 cents per gallon for up to 15 million gallons of
biodiesel produced per year for five years.  The incentive is to
be received on an estimated quarterly production basis paid by
the Department of Agriculture.


The substitute requires the makers of wine to remit to the
Director of the Department of Revenue six cents per gallon or
fraction of a gallon for the privilege of selling wine.  The pro
rata charge per ton of grapes or 160 gallons of grape juice
processed by commercial producers in the state is increased from
$3 to $6.  The moneys collected are to be credited to the
Marketing Development Fund in a separate account and appropriated
annually for the use of the division of the Department of
Agriculture concerned with the research and advisement of grapes
and grape products in Missouri, including employment of experts
in the fields of viticulture and enology.


Currently, anyone who sells or commercially transports pesticides
pays an annual $15 registration fee for each product to the
General Revenue Fund.  Beginning January 1, 2003, the substitute
increases the annual fee to $65 and changes the late renewal
penalty from $5 to $50.  For each registration, $15 is credited
to the General Revenue Fund, and remaining moneys are deposited
in the Pesticide Project Fund.  If the unobligated balance of the
Pesticide Project Fund exceeds $5 million, registration fees are
reduced temporarily to $15 until the fund balance reaches $3
million.  Pesticides must be registered as new products if there
is a change in company name, trade name, active ingredient,
concentration, or federal registration number.

The Pesticide Project Fund created by the substitute is to be
administered by the Plant Industries Division of the Department
of Agriculture.  Up to 20% of the fund may be used for
administration and pesticide registration.  Beginning July 1,
2003, up to 80% of the fund may be used for designated projects,
including pesticide and agriculture education, applicator
training, pesticide and water quality monitoring, container
disposal initiatives, integrated pest management, and applied
research on integrated pest management and water quality
improvement programs at the University of Missouri agricultural
research stations.

Allocation of project funds requires an executed memorandum of
understanding between the department and the applicant.  Before
each fiscal year, applicants must submit proposals to the
department by March 31.  Successful applicants must submit a
project report within 30 days after the end of the fiscal year.
Project revenue that is not spent or obligated reverts to the
fund 60 days after the project is completed.  The department may
require applicants that do not complete their projects as
intended to remit partial or full repayments.  The department
will provide an annual report to the General Assembly.

The substitute also allows the department to deny, cancel,
suspend, or revoke the registration of a pesticide if the product
is found to be harmful to humans or the environment.

Any moneys in the Pesticide Project Fund on January 1, 2006, are
to revert to the General Revenue Fund, and the Pesticide Project
Fund is to be abolished.


The substitute repeals the law relating to the repurchase of
industrial, maintenance and construction power equipment, and
outdoor power equipment used for lawn, garden, golf course,
landscaping, or grounds maintenance upon cancellation of
contracts.  Current law requires wholesalers, manufacturers, or
distributors to repurchase the equipment from retailers at 90% of
the net cost, with certain exceptions, and includes provisions
for remedies to the retailer and penalties to the manufacturer,
wholesaler, or distributor upon refusal to repurchase equipment.
The substitute replaces the term "farm implements" in the
definition of inventory with the terms "equipment" and
"implements" in the law relating to the repurchase of farm
machinery inventory upon the termination of a dealership.  This
law requires wholesalers, manufacturers, or distributors to
repurchase equipment, implements, machinery, and attachments at
100% of the net cost and to repurchase repair parts at 95% of the
current net price at the termination of a contract, with some


The substitute brings Missouri's Weights and Measure Law into
conformity with the Uniform Weights and Measure Law drafted by
the National Conference on Weights and Measure.

Current provisions which assess a penalty of 1% per month on the
unpaid balance of fees for inspection of measuring devices and a
$100 penalty for fees 90 days or later are removed.


The substitute makes it a class A misdemeanor to knowingly
release swine to live in a wild state on public or unfenced
private land.  Free-roaming hogs not conspicuously identified by
ear tags may be killed without liability on public lands or on
private lands with the permission of the landowner.  State
wildlife regulations must be followed during the firearms deer
and turkey hunting seasons, and artificial lights may only be
used by landowners on their own land.


Single person elevator lifts and belt manlifts operating only in
grain elevators or feed mills are to be exempt from the
provisions of the Elevator Safety and Inspection Law unless
inspection is requested by the owner.


After July 31, 2005, no gasoline sold or stored within the State
of Missouri is to contain more than one-half of 1% by volume of
methyl tertiary butyl ether (MTBE).


The requirement that the sellers of motor fuel blended with an
alcohol additive notify the buyer is repealed.

FISCAL NOTE:  Estimated Net Effect on General Revenue Fund of $0
in FY 2003, FY 2004, and FY 2005.  Estimated Net Effect on
Missouri Qualified Biodiesel Producer Incentive Fund of $0 in FY
2003, FY 2004, and FY 2005.  Does not include funding from other
sources at a total of $4,500,000 to be subject to appropriations.
Estimated Net Income to Marketing Development Fund of $369,367 in
FY 2003, $492,489 in FY 2004, and $492,489 in FY 2005.  Estimated
Net Income to Missouri Wine Marketing and Research Development
Fund of $5,750 in FY 2003, $6,900 in FY 2004, and $6,900 in FY
2005.  Estimated Net Income to Pesticide Project Fund of $451,346
in FY 2003, $449,567 in FY 2004, and $447,058 in FY 2005.

PROPONENTS:  Supporters say that provisions relating to ethanol
and biodiesel are necessary to provide economic stability to
rural Missouri, cleaner air, and renewable fuel to lessen
American dependence on foreign oil.  Biodiesel is good for diesel
motors and the biodiesel fund is necessary to ensure

Testifying for the bill were Senator Cauthorn; Missouri Corn
Growers Association; Missouri Soybean Association; and Missouri
Farm Bureau.

OPPONENTS:  There was no opposition voiced to the committee.

Roland Tackett, Legislative Analyst

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Missouri House of Representatives
Last Updated October 11, 2002 at 9:04 am