HCB16

Modifies provisions relating to agriculture

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Bill Text from March 14, 2018 - Introduced

SECOND REGULAR SESSION

HOUSE COMMITTEE BILL NO. 16

99TH GENERAL ASSEMBLY

6694H.02I

D. ADAM CRUMBLISS, Chief Clerk

INTRODUCED BY REPRESENTATIVE HOUGHTON.

AN ACT

To repeal sections 89.020, 137.021, 144.025, 265.300, 265.490, 265.494, and 414.032, RSMo, and to enact in lieu thereof eleven new sections relating to agriculture, with penalty provisions and a delayed effective date for a certain section.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Sections 89.020, 137.021, 144.025, 265.300, 265.490, 265.494, and 414.032, RSMo, are repealed and eleven new sections enacted in lieu thereof, to be known as sections 64.002, 65.702, 89.020, 137.021, 144.025, 265.300, 265.490, 265.494, 273.450, 414.032, and 644.059, to read as follows:

64.002. For purposes of a zoning law, ordinance, or code authorized and enacted under this chapter, a zoning or property classification of agricultural or horticultural shall include any sawmill or planing mill as defined in the U.S. Department of Labor’s Standard Industrial Classification (SIC) Manual under Industry Group 242 with the SIC number 2421.

65.702. For purposes of a zoning law, ordinance, or code authorized and enacted under sections 65.650 to 65.700, a zoning or property classification of agricultural or horticultural shall include any sawmill or planing mill as defined in the U.S. Department of Labor’s Standard Industrial Classification (SIC) Manual under Industry Group 242 with the SIC number 2421.

89.020. 1. For the purpose of promoting health, safety, morals or the general welfare of the community, the legislative body of all cities, towns, and villages is hereby empowered to regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the

EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

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  1. No person or entity shall contract or enter into a contract which would restrict group density of population, the preservation of features of historical significance, and the location and use of buildings, structures and land for trade, industry, residence or other purposes.
  2. For the purpose of any zoning law, ordinance or code, the classification single family dwelling or single family residence shall include any home in which eight or fewer unrelated mentally or physically handicapped persons reside, and may include two additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home. In the case of any such residential home for mentally or physically handicapped persons, the local zoning authority may require that the exterior appearance of the home and property be in reasonable conformance with the general neighborhood standards. Further, the local zoning authority may establish reasonable standards regarding the density of such individual homes in any specific single family dwelling neighborhood. homes or their location as described in this section from and after September 28, 1985.
  3. Any county, city, town or village which has a population of at least five hundred and whose boundaries are partially contiguous with a portion of a lake with a shoreline of at least one hundred fifty miles shall have the authority to enforce its zoning laws, ordinances or codes for one hundred yards beyond the shoreline which is adjacent to its boundaries. In the event that a lake is not large enough to allow any county, city, town or village to enforce its zoning laws, ordinances or codes for one hundred yards beyond the shoreline without encroaching on the enforcement powers granted another county, city, town or village under this subsection, the counties, cities, towns and villages whose boundaries are partially contiguous to such lake shall enforce their zoning laws, ordinances or orders under this subsection pursuant to an agreement entered into by such counties, cities, towns [and] , or villages.

  4. Should a single family dwelling or single family residence as [defined] described in subsection 2 of this section cease to operate for the purpose as set forth in subsection 2 of this section, any other use of such home, other than allowed by local zoning restrictions, must be approved by the local zoning authority.

  5. For purposes of any zoning law, ordinance or code the classification of single family dwelling or single family residence shall include any private residence licensed by the children's division or department of mental health to provide foster care to one or more but less than seven children who are unrelated to either foster parent by blood, marriage or adoption. Nothing in this subsection shall be construed to relieve the children's division, the department of mental health or any other person, firm or corporation occupying or utilizing any single family dwelling or single family residence for the purposes specified in this subsection from compliance with any ordinance or regulation relating to occupancy permits except as to number and relationship of

HCB 16 occupants or from compliance with any building or safety code applicable to actual use of such single family dwelling or single family residence. 7. Any city, town, or village that is granted zoning powers under this section and is located within a county that has adopted zoning regulations under chapter 64 may enact an ordinance to adopt by reference the zoning regulations of such county in lieu of adopting its own zoning regulations. 8. For purposes of any zoning law, ordinance, or code authorized and enacted under this section, a zoning or property classification of agricultural or horticultural shall include any sawmill or planing mill as defined in the U.S. Department of Labor’s Standard Industrial Classification (SIC) Manual under Industry Group 242 with the SIC number 2421.

137.021. 1. The assessor, in grading land which is devoted primarily to the raising and harvesting of crops, to the feeding, breeding and management of livestock, to dairying, or to any combination thereof, as defined in section 137.016, pursuant to the provisions of sections 137.017 to 137.021, shall in addition to the assessor's personal knowledge, judgment and experience, consider soil surveys, decreases in land valuation due to natural disasters, level of flood protection, governmental regulations limiting the use of such land, the estate held in such land, and other relevant information. On or before December thirty-first of each odd-numbered year, the state tax commission shall promulgate by regulation and publish a value based on productive capability for each of the several grades of agricultural and horticultural land. If such rules are not disapproved by the general assembly in the manner set out below, they shall take effect on January first of the next odd-numbered year. Such values shall be based upon soil surveys, soil productivity indexes, production costs, crop yields, appropriate capitalization rates and any other pertinent factors, all of which may be provided by the college of agriculture of the University of Missouri, and shall be used by all county assessors in conjunction with their land grades in determining assessed values. Any regulation promulgated pursuant to this subsection shall be deemed to be beyond the scope and authority provided in this subsection if the general assembly, within the first sixty calendar days of the regular session immediately following the promulgation of such regulation, by concurrent resolution, shall disapprove the values contained in such regulation. If the general assembly so disapproves any regulation promulgated pursuant to this subsection, the state tax commission shall continue to use values set forth in the most recent preceding regulation promulgated pursuant to this subsection. 2. When land that is agricultural and horticultural property, as defined in section 137.016, and is being valued and assessed for general property tax purposes pursuant to the provisions of sections 137.017 to 137.021 becomes property other than agricultural and

HCB 16 horticultural property, as defined in section 137.016, it shall be reassessed as of the following January first. 3. Separation or split-off of a part of the land which is being valued and assessed for general property tax purposes pursuant to the provisions of sections 137.017 to 137.021, either by conveyance or other action of the owner of the land, so that such land is no longer agricultural and horticultural property, as defined in section 137.016, shall subject the land so separated to reassessment as of the following January first. This shall not impair the right of the remaining land to continuance of valuation and assessment for general property tax purposes pursuant to the provisions of sections 137.017 to 137.021. 4. The state tax commission shall not promulgate a rule increasing agricultural land productive values more than two percent above the values in effect prior to the rule promulgation or eight percent above the lowest value in effect in any of the ten years prior to the rule promulgation. No agricultural land shall have its productive values increased if the land is located in a county that has been affected by a natural disaster as declared by the United States Department of Agriculture within the previous two years.

144.025. 1. Notwithstanding any other provisions of law to the contrary, in any retail sale other than retail sales governed by subsections 4 and 5 of this section, where any article on which sales or use tax has been paid, credited, or otherwise satisfied or which was exempted or excluded from sales or use tax is taken in trade as a credit or part payment on the purchase price of the article being sold, the tax imposed by sections 144.020 and 144.440 shall be computed only on that portion of the purchase price which exceeds the actual allowance made for the article traded in or exchanged, if there is a bill of sale or other record showing the actual allowance made for the article traded in or exchanged. Where the purchaser of a motor vehicle, trailer, boat or outboard motor receives a rebate from the seller or manufacturer, the tax imposed by sections 144.020 and 144.440 shall be computed only on that portion of the purchase price which exceeds the amount of the rebate, if there is a bill of sale or other record showing the actual rebate given by the seller or manufacturer. Where the trade-in or exchange allowance plus any applicable rebate exceeds the purchase price of the purchased article there shall be no sales or use tax owed. This section shall also apply to motor vehicles, trailers, boats, and outboard motors sold by the owner or holder of the properly assigned certificate of ownership if the seller purchases or contracts to purchase a subsequent motor vehicle, trailer, boat, or outboard motor within one hundred eighty days before or after the date of the sale of the original article and a bill of sale showing the paid sale price is presented to the department of revenue at the time of licensing. A copy of the bill of sale shall be left with the licensing office. Where the subsequent motor vehicle, trailer, boat, or outboard motor is titled more than one hundred eighty days after the sale of the original motor vehicle, trailer, boat, or outboard motor, the allowance pursuant

HCB 16 to this section shall be made if the person titling such article establishes that the purchase or contract to purchase was finalized prior to the expiration of the one hundred eighty-day period. 2. As used in this section, the term "boat" includes all motorboats and vessels, as the terms "motorboat" and "vessel" are defined in section 306.010. 3. As used in this section, the term "motor vehicle" includes motor vehicles as defined in section 301.010, recreational vehicles as defined in section 700.010, or a combination of a truck as defined in section 301.010, and a trailer as defined in section 301.010. 4. The provisions of subsection 1 of this section shall not apply to retail sales of manufactured homes in which the purchaser receives a document known as the "Manufacturer's Statement of Origin" for purposes of obtaining a title to the manufactured home from the department of revenue of this state or from the appropriate agency or officer of any other state. 5. Any purchaser of a motor vehicle or trailer used for agricultural use by the purchaser shall be allowed to use as an allowance to offset the sales and use tax liability towards the purchase of the motor vehicle or trailer any grain, fruit, vegetables, cotton, or livestock produced or raised by the purchaser. The director of revenue may prescribe forms for compliance with this subsection.

265.300. The following terms as used in sections 265.300 to 265.470, unless the context otherwise indicates, mean: (1) "Adulterated", any meat or meat product under one or more of the circumstances listed in Title XXI, Chapter 12, Section 601 of the United States Code as now constituted or hereafter amended; (2) "Capable of use as human food", any carcass, or part or product of a carcass, of any animal unless it is denatured or otherwise identified, as required by regulation prescribed by the director, to deter its use as human food, or is naturally inedible by humans; (3) "Cold storage warehouse", any place for storing meat or meat products which contains at any one time over two thousand five hundred pounds of meat or meat products belonging to any one private owner other than the owner or operator of the warehouse; (4) "Commercial plant", any establishment in which livestock [or] , poultry, or captive cervids are slaughtered for transportation or sale as articles of commerce intended for or capable of use for human consumption, or in which meat or meat products are prepared for transportation or sale as articles of commerce, intended for or capable of use for human consumption; representative; (6) "Livestock", cattle, calves, sheep, swine, ratite birds including but not limited to ostrich and emu, aquatic products as defined in section 277.024, llamas, alpaca, buffalo, elk

(5) "Director", the director of the department of agriculture of this state, or his authorized

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(7) "Meat", any edible portion of livestock [or] , poultry, or captive cervid carcass or documented as obtained from a legal source and not from the wild, goats, or horses, other equines, or rabbits raised in confinement for human consumption; part thereof; (8) "Meat product", anything containing meat intended for or capable of use for human consumption, which is derived, in whole or in part, from livestock [or] , poultry, or captive cervids; (9) "Misbranded", any meat or meat product under one or more of the circumstances listed in Title XXI, Chapter 12, Section 601 of the United States Code as now constituted or hereafter amended; article was inspected and passed or condemned; manufactured or processed; [has] have died other than by slaughter.

(13) "Unwholesome": (a) Processed, prepared, packed or held under unsanitary conditions; (b) Produced in whole or in part from livestock [or] , poultry, or captive cervids which

(11) "Poultry", any domesticated bird intended for human consumption; (12) "Prepared", slaughtered, canned, salted, rendered, boned, cut up, or otherwise

(10) "Official inspection mark", the symbol prescribed by the director stating that an

265.490. As used in sections 265.490 to 265.499: (1) "Bulk meat" means beef sold by hanging weight, consisting of whole carcasses and

(h) "Full loin of beef", loin of beef, including flank and kidney;

(a) "Side of beef", one-half of a split beef, comprising the frontquarter and hindquarter; (b) "Frontquarter of beef", the foreward portion of a side, back to and including the

(c) "Back of beef", chuck and rib with plate and brisket removed; (d) "Arm chuck of beef", arm chuck with brisket removed, back to and including the fifth the following primal cuts: twelfth rib; rib; from tip of chine bone to top of rib without plate; consisting of round, loin and flank; (g) "Trimmed loin of beef", short loin and hip (sirloin), and that section of hindquarter including thirteenth rib and separated one inch to two inches below aitchbone, without flank or kidney; (e) "Rib of beef", from the sixth to the twelfth rib, inclusive, not to exceed ten inches

(f) "Hindquarter of beef", the rear section of a side from and including the thirteenth rib,

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(i) "Round of beef", that portion of hindquarter separated from loin one inch to two

(2) "Buyer" means both actual and prospective purchasers but does not include persons

[(5)] (7) "Person" means individual, partnership, firm, corporation, association, or other

(8) "Poultry", means the same as defined in section 265.300; [(6)] (9) "Represent" means the use of any form of oral or written statement,

(4) "Livestock", means the same as defined in section 265.300; (5) "Meat", means the same as defined in section 265.300; (6) "Misrepresent" means the use of any untrue, misleading or deceptive oral or written inches below aitchbone back to the shin bone; purchasing for resale; (3) "Food plan" means any plan offering meat for sale or the offering of such product in combination with each other or with any other food or nonfood product or service for a single price; statement, advertisement, label, display, picture, illustration or sample; entity; advertisement, label, display, picture, illustration or sample; [(7)] (10) "Seller" means any person, individual or business entity, corporation, league, franchise, franchisee, franchisor or any authorized representative or agent thereof who offers meat, or combinations of such items, for retail purchase to the public for preparation and consumption off the premises where sold or for direct purchase by an individual at his residence. 265.494. No person advertising, offering for sale or selling all or part of a carcass or food plan shall engage in any misleading or deceptive practices, including, but not limited to, any one or more of the following: (1) Disparaging or degrading any product advertised or offered for sale by the seller, displaying any product or depiction of a product to any buyer in order to induce the purchase of another product or representing that a product is for sale when the representation is used primarily to sell another product, or substituting any product for that ordered by the buyer without the buyer's consent. Nothing in this subdivision shall be construed to prohibit the enhancement of sales of any product by the use of a gift; (2) Failing to have available a sufficient quantity of the product represented as being for sale to meet reasonable anticipated demands, unless the available amount is disclosed fully and conspicuously; (3) Using any price list or advertisement subject to changes without notice unless so stated, and which contains prices other than the seller's current billing prices, unless changes are subject to consumer's advance acceptance or rejection at or before the time of order or delivery;

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(4) Misrepresenting the amount of money that the buyer will save on purchases of any

(10) Misrepresenting a product through the use of any term similar to a government products which are not of the same grade or quality; (5) Failing to disclose fully and conspicuously in any printed advertisement and invoice in at least ten-point type any charge for cutting, wrapping, freezing, delivery, annual interest rate or financing and other services; (6) Representing the price of any product to be offered for sale in units larger than one pound in terms other than price per single pound. Nothing in this subdivision shall be construed to prevent the price of such units from also being represented by individual serving, by fluid measure or by other meaningful description; (7) Misrepresenting the cut, grade, brand or trade name, or weight or measure of any product, or misrepresenting a product as meat that is not derived from harvested production livestock or poultry; (8) Using the abbreviation "U.S." in describing a product not graded by the United States Department of Agriculture, except that a product may be described as "U.S. Inspected" when true; (9) Referring to a quality grade other than the United States Department of Agriculture quality grade, unless the grade name is preceded by the seller's name in type at least as large and conspicuous as the grade name; grade; (11) Failing to disclose in uniform ten-point type, when a quality grade is advertised, a definition of the United States Department of Agriculture quality grade in the following terms: and within each quality grade the following yield grade: a. Yield grade 1 - extra lean; b. Yield grade 2 - lean; c. Yield grade 3 - average waste; d. Yield grade 4 - wasty; e. Yield grade 5 - exceptionally wasty;

(a) Prime; (b) Choice; (c) Good; (d) Standard; (e) Utility; (f) Commercial; (g) Canner; (h) Cutter;

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(15) Misrepresenting the amount or proportion of retail cuts that a carcass or part of

(16) Failing to disclose fully and conspicuously whether a quarter of a carcass is the

(13) Failing to disclose fully and conspicuously the correct government grade for any

(12) Advertising or offering for sale carcasses, sides or primal cuts as such, while including disproportionate numbers or amounts of less expensive components of those cuts, or offering them in tandem with less expensive components from other carcasses, sides or primal cut parts; product if the product is represented as having been graded; (14) Failing to disclose fully and conspicuously that the yield of consumable meat from any carcass or part of a carcass will be less than the weight of the carcass or part of the carcass. The seller shall, for each carcass or part of carcass advertised, use separately and distinctly in any printed matter, in at least ten-point type, the following disclosure: "Sold gross weight subject to trim loss."; carcass will yield; frontquarter or hindquarter; (17) Representing any part of a carcass as a "half" or "side" unless it consists exclusively of a frontquarter and hindquarter. Sides or halves must consist of only anatomically natural proportions of cuts from frontquarters or hindquarters; section 265.490; (19) Using the words "bundle", "sample order" or words of similar import to describe a quantity of meat unless the seller itemizes each type of cut and the weight of each type of cut which the buyer will receive; (20) Advertising or offering a free, bonus, or extra product or service combined with or conditioned on the purchase of any other product or service unless the additional product or service is accurately described, including, whenever applicable, grade, net weight or measure, type and brand or trade name. The words "free", "bonus" or other words of similar import shall not be used in any advertisement unless the advertisement clearly and conspicuously sets forth the total price or amount which must be purchased to entitle the buyer to the additional product or service.

(18) Representing primal cuts in a manner other than described in subdivision (1) of

273.450. 1. As used in this section, the following terms shall mean: (1) "Peace officer", the same as defined in section 590.010; (2) "Train" or "training", the process of bringing a person to a desired standard of proficiency by practice and instruction. 2. Each individual, or organization on behalf of a group of individuals, seeking to train peace officers in responding to animal neglect and abuse incident reports shall, on an

HCB 16 annual basis, submit all training materials relating to animal care to the state veterinarian for review and approval to ensure that such materials are in uniformity with the provisions relating to animals under chapters 267 to 273 and shall submit all training materials relating to criminal offenses involving animals to the department of public safety for review and approval to ensure that such materials are in uniformity with the provisions of chapter 578. The state veterinarian and the department of public safety shall review submitted materials within fourteen calendar days and either approve such materials as being in uniformity with such provisions or disapprove such materials. If such materials are disapproved, the respective entity shall notify the individual or organization, in writing, of the deficiencies of the materials. Upon the individual or organization curing such deficiencies, such individual or organization may resubmit such materials for review. If the state veterinarian or department of public safety does not review the submitted materials and notify the individual or organization within fourteen calendar days, such materials shall be deemed approved by the respective entity. 3. Upon approving an individual's materials, or an organization's materials on behalf of a group of individuals, the entity that approved the materials shall issue the individual or organization a certification stating that such materials have been reviewed and approved and are in uniformity with certain provisions of state law. 4. No individual, or organization on behalf of a group of individuals, shall engage in the business of training peace officers in responding to animal neglect and abuse incident reports relating to animal care if such individual or organization has not obtained a certification from the state veterinarian ensuring that training materials are in uniformity with provisions relating to animals under chapters 267 to 273. No individual, or organization on behalf of a group of individuals, shall engage in the business of training peace officers in responding to animal neglect and abuse incident reports relating to criminal offenses involving animals if such individual or organization has not obtained a certification from the department of public safety ensuring that training materials are in uniformity with the provisions of chapter 578. 5. A person commits the offense of unlawful animal care training if he or she knowingly engages in the business of animal care training under this section, as either an individual or on behalf of an organization, if such individual is performing such training: (1) Using materials relating to animal care that have not been certified by the state veterinarian for being in uniformity with chapters 267 to 273; or (2) Using materials relating to criminal offenses involving animals that have not been certified by the department of public safety for being in uniformity with chapter 578.

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  1. The first offense of unlawful animal care training shall be an infraction. Any second or subsequent offense of unlawful animal care training is a class D misdemeanor.
  2. The department of agriculture and the department of public safety may promulgate rules for administering this section. Any rule or portion of a rule, as that term is defined in section 536.010, 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 and, if applicable, section 536.028. This section and chapter 536 are nonseverable, and if any of the powers vested with the general assembly pursuant to chapter 536 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, 2018, shall be invalid and void.

414.032. 1. All kerosene, diesel fuel, heating oil, aviation turbine fuel, gasoline, gasoline-alcohol blends and other motor fuels shall meet the requirements in the annual book of ASTM standards and supplements thereto. The director may promulgate rules and regulations on the labeling, standards for, and identity of motor fuels and heating oils. 2. The director may inspect gasoline, gasoline-alcohol blends or other motor fuels to insure that these fuels conform to advertised grade and octane. In no event shall the penalty for a first violation of this section exceed a written reprimand. 3. The director may waive specific requirements in this section and in regulations promulgated according to this section, or may establish temporary alternative requirements for fuels as determined to be necessary in the event of an extreme and unusual fuel supply circumstance as a result of a petroleum pipeline or petroleum refinery equipment failure, emergency, or a natural disaster as determined by the director for a specified period of time. 4. Any waiver issued under subsection 3 of this section shall be as limited in scope and applicability as necessary and shall apply equally and uniformly to all persons and companies in the impacted petroleum motor fuel supply and distribution system including, but not limited to, petroleum producers, terminals, distributors, and retailers.

644.059. Agricultural stormwater discharges and return flows from irrigated agriculture shall be exempt from the permit requirements of sections 644.006 to 644.141. Agricultural stormwater discharges and return flows from irrigated agriculture shall not be considered unlawful under subdivision (1) or (2) of subsection 1 of section 644.051, unless those discharges or return flows have entered waters of the state and have rendered such waters harmful, detrimental, or injurious to public health, safety, or welfare, to industrial or agricultural uses, or to wild animals, birds, or fish. For the purposes of this section, agricultural stormwater discharges and return flows from irrigated agriculture

HCB 16 shall include stormwater and snow melt runoff, drainage, and infiltration, including water that leaves land as a result of the application of irrigation water, both surface and subsurface, from standard farming industry practices. This shall include, but not be limited to, cultivation and tillage of soil, and production, growing, raising, and harvesting of agricultural commodities and livestock. Nothing in this section shall be construed to effect, limit, or supersede sections 640.700 to 640.755 or any other law or regulation of concentrated animal feeding operations.

Section B. The enactment of section 273.450 of section A of this act shall become effective on January 1, 2019.

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