Bill Text: MO HB1254 | 2012 | Regular Session | Engrossed
Bill Title: Changes the laws regarding agriculture
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2012-05-03 - Executive Session Held (S) - SCS VOTED DO PASS [HB1254 Detail]
Download: Missouri-2012-HB1254-Engrossed.html
SECOND REGULAR SESSION
[PERFECTED]
HOUSE COMMITTEE SUBSTITUTE FOR
96TH GENERAL ASSEMBLY
5117L.05P D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 135.305, 142.031, 178.530, 276.401, 302.286, 304.180, 537.345, 537.346, 569.140, 575.010, and 575.120, RSMo, and to enact in lieu thereof twenty-seven new sections relating to agriculture, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 135.305, 142.031, 178.530, 276.401, 302.286, 304.180, 537.345, 537.346, 569.140, 575.010, and 575.120, RSMo, are repealed and twenty-seven new sections enacted in lieu thereof, to be known as sections 9.180, 135.305, 142.031, 178.530, 262.005, 262.255, 262.257, 262.598, 262.750, 262.795, 262.900, 262.975, 276.401, 302.286, 304.180, 537.345, 537.346, 537.351, 537.850, 537.856, 537.859, 569.140, 575.010, 575.120, 575.124, 1, and 2, to read as follows:
9.180. The month of December shall be designated as "Pet Breeders Appreciation Month" in Missouri to be observed with activities designed to enhance the knowledge and appreciation of the contributions to our state's citizens and economy made by Missouri pet breeders who responsibly and humanely produce, care for, protect the safety of, and provide the animals which become the beloved and cherished pets that are a valuable and integral part of our citizen's families and lives.
135.305. A Missouri wood energy producer shall be eligible for a tax credit on taxes otherwise due under chapter 143, except sections 143.191 to 143.261, as a production incentive to produce processed wood products in a qualified wood-producing facility using Missouri forest product residue. The tax credit to the wood energy producer shall be five dollars per ton of processed material. The credit may be claimed for a period of five years and is to be a tax credit against the tax otherwise due. No new tax credits, provided for under sections 135.300 to 135.311, shall be authorized after June 30, [2013] 2018. In no event shall the aggregate amount of all tax credits allowed pursuant to sections 135.300 to 135.311 exceed four million five hundred thousand dollars in any given fiscal year.
142.031. 1. As used in this section the following terms shall mean: (1) "Biodiesel", fuel as defined in ASTM Standard D-6751 or its subsequent standard specifications for biodiesel fuel (B100) blend stock for distillate fuels; (2) "Missouri qualified biodiesel producer", a facility that produces biodiesel, is registered with the United States Environmental Protection Agency according to the requirements of 40 CFR 79, and:
(a) a. Is at least fifty-one percent owned by agricultural producers who are residents of this state and who are actively engaged in agricultural production for commercial purposes; or
b. At least eighty percent of the feedstock used by the facility originates in the state of Missouri. For purposes of this section, "feedstock" means an agricultural, horticultural, viticultural, vegetable, aquacultural, livestock, forestry, or poultry product either in its natural or processed state; and
(b) Meets all of the following:
a. Has registered with the department of agriculture by September 1, 2007;
b. Has begun construction of the facility before November 1, 2007; and
c. Has begun production of biodiesel before March 1, 2009.
2. The "Missouri Qualified Biodiesel Producer Incentive Fund" is hereby created and subject to appropriations shall be used to provide economic subsidies to Missouri qualified biodiesel producers pursuant to this section.
The director of the department of agriculture shall administer the fund pursuant to this section.
3. A Missouri qualified biodiesel producer shall be eligible for a monthly grant from the fund provided that one hundred percent of the feedstock originates in the United States. However, the director may waive the feedstock requirements on a month-to-month basis if the facility provides verification that adequate feedstock is not available. A Missouri qualified biodiesel producer shall only be eligible for the grant for a total of sixty months unless such producers during the sixty months fail, due to a lack of appropriations, to receive the full amount from the fund for which the producers were eligible, in which case such producers shall continue to be eligible [for up to twenty-four additional months or] until they have received the maximum amount of funding for which such producers were eligible during the original sixty-month time period. The amount of the grant is determined by calculating the estimated gallons of qualified biodiesel produced during the preceding month from feedstock, as certified by the department of agriculture, and applying such figure to the per-gallon incentive credit established in this subsection. Each Missouri qualified biodiesel producer shall be eligible for a total grant in any fiscal year equal to thirty cents per gallon for the first fifteen million gallons of qualified biodiesel produced from feedstock in the fiscal year plus ten cents per gallon for the next fifteen million gallons of qualified biodiesel produced from feedstock in the fiscal year. All such qualified biodiesel produced by a Missouri qualified biodiesel producer in excess of thirty million gallons shall not be applied to the computation of a grant pursuant to this subsection. The department of agriculture shall pay all grants for a particular month by the fifteenth day after receipt and approval of the application described in subsection 4 of this section.
4. In order for a Missouri qualified biodiesel producer to obtain a grant from the fund, an application for such funds shall be received no later than fifteen days following the last day of the month for which the grant is sought. The application shall include:
(1) The location of the Missouri qualified biodiesel producer;
(2) The average number of citizens of Missouri employed by the Missouri qualified biodiesel producer in the preceding month, if applicable;
(3) The number of bushel equivalents of Missouri feedstock and out-of-state feedstock used by the Missouri qualified biodiesel producer in the production of biodiesel in the preceding month;
(4) The number of gallons of qualified biodiesel the producer manufactures during the month for which the grant is applied;
(5) A copy of the qualified biodiesel producer license required pursuant to subsection 5 of this section, name and address of surety company, and amount of bond to be posted pursuant to subsection 5 of this section; and
(6) Any other information deemed necessary by the department of agriculture to adequately ensure that such grants shall be made only to Missouri qualified biodiesel producers. 5. The director of the department of agriculture, in consultation with the department of revenue, shall promulgate rules and regulations necessary for the administration of the provisions of this section.
6. 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, 2002, shall be invalid and void.
7. This section shall expire on December 31, 2009. However, Missouri qualified biodiesel producers receiving any grants awarded prior to December 31, 2009, shall continue to be eligible for the remainder of the original sixty-month time period under the same terms and conditions of this section unless such producer during such sixty months failed, due to a lack of appropriations, to receive the full amount from the fund for which he or she was eligible. In such case, such producers shall continue to be eligible [for up to twenty-four additional months or] until they have received the maximum amount of funding for which they were eligible during the original sixty-month time period.
8. Any Missouri qualified biodiesel producer who receives any grant payments under this section who subsequently sells the biodiesel facility shall be subject to the following payback requirements:
(1) If such facility is sold within less than one year of the date of issuance of the last grant payment, the Missouri qualified biodiesel producer shall pay the state the amount of fifty percent of the total amount of grant payments received under this section;
(2) If such facility is sold within one to two years of the date of issuance of the last grant payment, the Missouri qualified biodiesel producer shall pay the state the amount of forty percent of the total amount of grant payments received under this section;
(3) If such facility is sold within two to three years of the date of issuance of the last grant payment, the Missouri qualified biodiesel producer shall pay the state the amount of thirty percent of the total amount of grant payments received under this section;
(4) If such facility is sold within three to four years of the date of issuance of the last grant payment, the Missouri qualified biodiesel producer shall pay the state the amount of twenty percent of the total amount of grant payments received under this section;
(5) If such facility is sold within four to five years of the date of issuance of the last grant payment, the Missouri qualified biodiesel producer shall pay the state the amount of ten percent of the total amount of grant payments received under this section. If the sale date of the facility falls on a date that qualifies under more than one subdivision of this subsection, the greater payback amount shall apply. For purposes of this subsection, a facility shall be considered "sold" when there is a change in at least fifty-one percent of the facility's ownership in a transaction that involves a buyer or buyers and a seller or sellers.
178.530. 1. The state board of education shall establish standards and annually inspect, as a basis for approval, all public prevocational, vocational schools, Linn State Technical College, departments and classes receiving state or federal moneys for giving training in agriculture, industrial, home economics and commercial subjects and all schools, departments and classes receiving state or federal moneys for the preparation of teachers and supervisors of such subjects. The public prevocational and vocational schools, Linn State Technical College, departments, and classes, and the training schools, departments and classes are entitled to the state or federal moneys so long as they are approved by the state board of education, as to site, plant, equipment, qualifications of teachers, admission of pupils, courses of study and methods of instruction. All disbursements of state or federal moneys for the benefit of the approved prevocational and vocational schools, Linn State Technical College, departments and classes shall be made semiannually. The school board of each approved school or the governing body of Linn State Technical College shall file a report with the state board of education at the times and in the form that the state board requires. Upon receipt of a satisfactory report, the state board of education shall certify to the commissioner of administration for his approval the amount of the state and federal moneys due the school district or Linn State Technical College. The amount due the school district shall be certified by the commissioner of administration and proper warrant therefor shall be issued to the district treasurer or Linn State Technical College.
2. Notwithstanding the provisions of subsection 1 of this section, the state board of education shall establish standards for agricultural education that may be adopted by a private school accredited by an agency recognized by the United States Department of Education as an accreditor of private schools that wishes to provide quality vocational programming outside the requirements of, but consistent with, the federal vocational Education Act. Such standards shall be sufficient to qualify a private school to apply to the state chapter for approval of a local chapter of a federally chartered national agricultural education association on a form developed for that purpose by the department of elementary and secondary education without eligibility to receive state or federal funding for agricultural vocational education; however, such private school shall reimburse the department annually for the cost of oversight and maintenance of the program.
262.005. 1. Agriculture which provides food, energy, and security is the foundation and stabilizing force of Missouri's economy. To protect this vital sector of Missouri's economy, it shall be the right of persons to raise livestock, as defined in section 144.010, in a manner adhering to state and local laws and ordinances as enacted on August 28, 2012, or at the commencement of operations, whichever is later.
2. Nothing in this section shall be construed or interpreted to limit the authority of the department of agriculture or the state veterinarian to carry out the department's statutory and regulatory responsibilities and functions as currently and hereafter provided under Chapters 261 to 281, Chapter 350 and Chapters 411 to 414 and all rules and regulations promulgated thereunder.
262.255. The state fair commission shall permit all qualifying 4-H and Future Farmers of America (FFA) members to exhibit livestock at the state fair. The state fair commission shall have the authority to establish rules and fees for participation in its individual events.
262.257. The state fair commission shall permit all qualified livestock breeders to exhibit livestock at the state fair. The state fair commission shall have the authority to establish rules and fees for participation in its individual events.
262.598. 1. As used in this section, the following terms shall mean:
(1) "Consolidated district", a district formed jointly by two or more councils;
(2) "Council", a University of Missouri extension council authorized under section 262.563;
(3) "District" or "extension district", a political subdivision formed by one or more councils;
(4) "Single-council district", a district formed by one council;
(5) "Governing body", the group of individuals who govern a district.
2. University of Missouri extension councils are hereby authorized to form extension districts made up of cooperating counties for the purpose of funding extension programming. An extension district may be a single-council district or a consolidated district. A single-council district shall be formed upon a majority vote of the full council. A consolidated district shall be formed upon a majority vote of each participating council.
3. In a single-council district, the council shall serve as the district's governing body. In addition to any other powers and duties granted to the council under sections 262.550 to 262.620, the council shall also have the powers and duties provided under subsection 5 of this section.
4. In a consolidated district, the governing body of the district shall consist of at least three, but no more than five, representatives appointed by each participating council. The term of office shall be two years. Representatives may be reappointed. This governing body shall elect officers, who shall serve as officers for two years, and establish a regular meeting schedule which shall be not less than once every three months.
5. The governing body of a district shall have the following powers and duties:
(1) Review the activities and annual budgets of each participating council;
(2) Determine, by September first of each year, the tax rate necessary to generate sufficient revenue to fund the extension programming in the district, which includes annual funding for each participating council for the costs of personnel and the acquisition, supply, and maintenance of each council's property, work, and equipment;
(3) Oversee the collection of any tax authorized under this section by ensuring the revenue is deposited into a special fund and monitoring the use of the funds to ensure they are used solely for extension programming in the district;
(4) Approve payments from the special fund in which the tax revenue is deposited; and
(5) Work cooperatively with each participating council to plan and facilitate the programs, equipment, and activities in the district.
6. The governing body of a district may submit a question to the voters of the district to institute a property tax levy in the county or counties that compose the district. Questions may be submitted to the voters of the district at any general municipal election. Any such proposed tax shall not exceed thirty cents per one hundred dollars of assessed valuation. Such question shall be submitted in substantially the following form:
"Shall the Extension District in ......... County (insert name of county) be authorized to levy an annual tax of ........ (insert amount not to exceed thirty) cents per one hundred dollars of assessed valuation for the purpose of funding the University of Missouri Extension District programs, equipment, and services in the district?".
In a single-council district, if a majority of the voters in the county approve the question, then the district shall impose the tax. In a consolidated district, if a majority of voters in each county in the district approve the tax, then the district shall impose the tax. In a consolidated district, if a majority of voters in a county do not approve the tax, the council in the county that did not approve the tax may withdraw from the district. Upon such withdrawal, the district shall be made up of the remaining counties and the tax shall be imposed in those counties. However, if the county that did not approve the tax does not withdraw from the district, the tax shall not be imposed. Revenues collected from the imposition of a tax authorized under this section shall be deposited into a special fund dedicated only for use by the local district for programming purposes. If a majority of the voters in a single-council district do not approve the question, then no tax shall be imposed. If a majority of the voters in a consolidated district do not approve the question, then no tax shall be imposed in any county of the district.
7. The county commission of any county in which the tax authorized under this section is levied and collected:
(1) Shall be exempt from the funding requirements under section 262.597 if revenue derived from the tax authorized under this section is in excess of an amount equal to two hundred percent of the average funding received under section 262.597 for the immediately preceding three years; or
(2) May reduce the current year's funding amount under section 262.597 by thirty-three percent of the amount of tax revenues derived from the tax authorized under this section which exceed the average amount of funding received under section 262.597 for the immediately preceding three years.
8. Any county that collects tax revenues authorized under this section shall transfer all attributable revenue plus monthly interest for deposit into the district's special fund. The governing body of the district shall comply with the prudent investor standard for investment fiduciaries as provided in section 105.688.
9. In any county in which a single-council district is established, and for which a tax has not been levied, the district may be dissolved in the same manner in which it was formed.
10. A county may withdraw from a consolidated district at any time by the filing of a petition with the circuit court having jurisdiction over the district. The petition shall be signed by not fewer than ten percent of those who voted in the most recent presidential election in the county seeking to withdraw that is part of a consolidated district stating that further operation of the district is contrary to the best interests of the inhabitants of the county in which the district is located and that the county seeks to withdraw from the district. The circuit court shall hear evidence on the petition. If the court finds that it is in the best interest of the inhabitants of the county in which the district is located for the county to withdraw from the district, the court shall make an order reciting the same and submit the question to the voters. The question shall be submitted in substantially the following format:
"Shall the County of .......... (insert name of county) being part of .......... (insert name of district) Extension District withdraw from the district?".
The question shall be submitted at the next general municipal election date. The election returns shall be certified to the court. If the court finds that two-thirds of the voters voting on the question voted in favor of withdrawing from the district, the court shall issue an order withdrawing the county from the district, which shall contain a proviso that the district shall remain intact for the sole purposes of paying all outstanding and lawful obligations and disposing of the district's property. No additional costs or obligations for the withdrawing county shall be created except as necessary. The withdrawal shall occur on the first day of the following January after the vote. If the court finds that two-thirds of the voters voting on the question shall not have voted favorably on the question to withdraw from the district, the court shall issue an order dismissing the petition and the district shall continue to operate.
11. The governing body of any district may seek voter approval to increase its current tax rate authorized under this section, provided such increase shall not cause the total tax to exceed thirty cents per one hundred dollars of assessed valuation. To propose such an increase, the governing body shall submit the question to the voters at the general municipal election in the county in which the district is located. The question shall be submitted in substantially the following form:
"Shall the Extension District in ....... (insert name of county or counties) be authorized to increase the tax rate from ...... (insert current amount of tax) cents to ........ (insert proposed amount of tax not to exceed thirty) cents per one hundred dollars of assessed valuation for the purpose of funding the University of Missouri Extension District programs, equipment, and services in the district?".
In a single-council district, if a majority of the voters in the county approve the question, then the district shall impose the tax. In a consolidated district, if a majority of voters in the district approve the tax rate, then the district shall impose the new tax rate. Revenues collected from the imposition of the tax authorized under this section shall be deposited into the special fund dedicated only for use by the district. If a majority of the voters in a single-council district do not approve the question, then the tax shall not be imposed. If a majority of the voters in a consolidated district do not approve the question, then the tax shall not be imposed in any county of the district.
262.750. Notwithstanding any other provision of law, the right to conduct and participate in rodeos in this state shall be guaranteed and no law, ordinance, or rule shall be enacted to prohibit the conducting of or participation in rodeos in this state; except that, nothing in this section shall be construed as prohibiting any reasonable restrictions regarding time, place, and manner consistent with other similar events or be construed as superceding local zoning ordinances. Promoters of rodeos shall have the authority to establish fees and set rules for their specific events, including but not limited to qualifications and procedures for participation.
262.795. Any law to the contrary notwithstanding, a child, as defined in subdivision (1) of section 294.011, may perform agriculture work, as defined in subdivision (1) of section 290.500, on a farm owned and operated by the child's parent, sibling, grandparent or sibling of a parent or, if performed by the child with the knowledge and consent of the child's parent, on any family farm, as defined in subdivision (4) of section 350.010, or on any family farm corporation, as defined in subdivision (5) of section 350.010, including work that would otherwise be prohibited by subdivisions (1), (2), (3), (7), and (12) of section 294.040; but no such child shall be permitted to engage in any other activities prohibited by section 294.040. The term "parent", as used in this section, shall have the same meaning as in subdivision (8) of section 294.011. Children engaged in work permitted by this section may do so without obtaining a work certificate as required by section 294.024. Children engaged in work permitted by this section are not subject to the limitations set out in section 294.030 and subsection 4 of section 294.045.
262.900. 1. As used in this section, the following terms mean:
(1) "Agricultural products", an agricultural, horticultural, viticultural, or vegetable product, growing of grapes that will be processed into wine, bees, honey, fish or other aquacultural product, planting seed, livestock, a livestock product, a forestry product, poultry or a poultry product, either in its natural or processed state, that has been produced, processed, or otherwise had value added to it in this state;
(2) "Blighted area", that portion of the city within which the legislative authority of such city determines that by reason of age, obsolescence, inadequate or outmoded design or physical deterioration have become economic and social liabilities, and that such conditions are conducive to ill health, transmission of disease, crime or inability to pay reasonable taxes;
(3) "Domesticated animal", cattle, calves, sheep, swine, ratite birds including but not limited to ostrich and emu, llamas, alpaca, buffalo, elk 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;
(4) "Grower UAZ", a type of UAZ:
(a) That can either grow produce, raise livestock, or produce other value added agricultural products;
(b) That does not exceed fifty laying hens, six hundred fifty broiler chickens, or thirty domesticated animals;
(5) "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 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;
(6) "Locally grown", a product that was grown or raised in the same county as the UAZ or in an adjoining county. For a product raised or sold in a city not within a county, locally grown includes those counties adjoining a county with a charter form of government and with more than nine hundred fifty thousand inhabitants;
(7) "Processing UAZ", a type of UAZ:
(a) That processes livestock or poultry for human consumption;
(b) That meets federal and state processing laws and standards;
(8) "Meat", any edible portion of livestock or poultry carcass or part thereof;
(9) "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;
(10) "Poultry", any domesticated bird intended for human consumption;
(11) "Value added agricultural products", any product or products that are the result of:
(a) Using an agricultural product grown in this state to produce a meat or dairy product in this state;
(b) A change in the physical state or form of the original agricultural product;
(c) An agricultural product grown in this state whose value has been enhanced by special production methods such as organically grown products; or
(d) A physical segregation of a commodity or agricultural product grown in this state that enhances its value such as identity preserved marketing systems;
(12) "Urban agricultural zone" or "UAZ", a zone that contains the following activities to qualify for the benefits provided under this section:
(a) Any organization or person who grows produce or other agricultural products;
(b) Any organization or person that raises livestock or poultry;
(c) Any organization or person who processes livestock or poultry;
(d) Any organization that sells at a minimum seventy-five percent locally grown food;
(13) "Vending UAZ", a type of UAZ:
(a) That sells produce, meat, or value added locally grown agricultural goods;
(b) That applies to the department of agriculture for an UAZ vendor license;
(c) That is able to accept food stamps under the provisions of the Federal Food Stamp Program as a form of payment.
2. (1) A person or organization shall submit to any incorporated municipality an application to develop an UAZ on a blighted area of land. Such application shall demonstrate or identify on the application:
(a) If the person or organization is a grower UAZ, processing UAZ, vending UAZ, or a combination of all three types of UAZs provided in this paragraph, in which case the person or organization shall meet the requirements of each type of UAZ in order to qualify;
(b) The number of jobs to be created;
(c) The types of products to be produced (i.e. produce, value added agriculture products, livestock/domesticated animal);
(d) If applying for a vending UAZ, the ability to accept food stamps under the provisions of the Federal Food Stamp Program if selling products to consumers.
(2) A municipality shall review and modify the application as necessary before either approving or denying the request to establish an UAZ.
(3) Approval of the UAZ by such municipality shall be reviewed five and ten years after the development of the UAZ. After twenty-five years, the UAZ shall dissolve. If the municipality finds during its review that the UAZ is not meeting the requirements set out in this section, the municipality may dissolve the UAZ.
3. Once the requirements of this section have been complied with, the real property of the UAZ shall not be subject to assessment or payment of ad valorem taxes on real property imposed by the cities affected by this section, or by the state or any political subdivision thereof, for a period of ten years at which time the property shall then be reassessed. The UAZ shall then pay fifty percent of the assessed value for the next fifteen years. If only a portion of real property is used as an UAZ, then only that portion of real property shall not be subject to assessment or payment of ad valorem taxes on such property.
4. If the water services for the UAZ are provided by the municipality, a grower UAZ shall pay wholesale water rates, if available, for the cost of water consumed on the UAZ and shall pay fifty percent of the standard cost to hook onto the water source.
5. (1) Any sales tax revenues received from the sale of products sold in the UAZ, excluding sales taxes that are constitutionally dedicated, taxes deposited to the school district trust fund in accordance with section 144.701, sales and use taxes on motor vehicles, trailers, boats, and outboard motors, and future sales taxes earmarked by law, shall be deposited in the urban agricultural zone fund established in subdivision (2) of this subsection. School districts may apply to the state treasurer for money in the fund to be used for the development of curriculum on or the implementation of urban farming practices under the guidance of the University of Missouri extension service and a certified vocational agricultural instructor. The funds are to be distributed within the school district in which the UAZ is located.
(2) There is hereby created in the state treasury the "Urban Agricultural Zone Fund", which shall consist of money collected under subdivision (1) of this subsection. The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements. The fund shall be a dedicated fund and, upon appropriation, money in the fund shall be used solely for the administration of subdivision (1) of this subsection. Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.
6. The provisions in this section shall supercede any local ordinances to the contrary.
262.975. 1. The department of agriculture shall build and maintain, by contract or otherwise, a Missouri international agricultural exchange website with search engine optimization technology. Such website shall contain content licensed by the department to promote Missouri agricultural products to international agricultural buyers.
2. The exchange shall be a website to post Missouri-based agricultural products to the producer to assist in marketing such products to international buyers. All sellers shall be required to register through the department and provide a Missouri address. Only agricultural products produced in this state shall be allowed on the exchange website.
3. The state of Missouri retains ownership of all content on the exchange. The department or a website developer, if contracted, is authorized to:
(1) Use all informational content approved by the department of agriculture, and apply search engine optimization to the website content to achieve a high search engine ranking; and
(2) Sell advertising on the exchange website to any entity that will benefit from marketing to international agriculture producers and buyers. If contracted, the website developer shall be solely responsible for all costs associated with the development, marketing, and maintenance of the exchange website, with the website developer retaining all advertising revenues obtained from such exchange website to provide the financing for such exchange website.
4. If contracted, the website developer shall:
(1) Have proven experience and expertise in search engine optimization, as determined by the department;
(2) Demonstrate prior experience with website development projects which increased search engine rankings for the client.
5. If contracted, the department of agriculture, in consultation with the department of economic development, shall review all applications and award a contract for the development, design, marketing, and maintenance of the exchange website, with renewals for continuing upgrades, marketing, and maintenance of the website. The department shall have the authority to terminate any contract under this section at the department's discretion. Any website developer under contract with the department may have a contract terminated for failure to operate under the department's guidelines for the exchange website. If a contract is terminated, the department shall award a new contract in accordance with the procedures for awarding the initial contract under this section.
276.401. 1. Sections 276.401 to 276.582 shall be known as the "Missouri Grain Dealer Law".
2. The provisions of the Missouri grain dealer law shall apply to grain purchases where title to the grain transfers from the seller to the buyer within the state of Missouri.
3. Unless otherwise specified by contractual agreement, title shall be deemed to pass to the buyer as follows:
(1) On freight on board (FOB) origin or freight on board (FOB) basing point contracts, title transfers at time and place of shipment;
(2) On delivered contracts, when and where constructively placed, or otherwise made available at buyer's original destination;
(3) On contracts involving in-store commodities, at the storing warehouse and at the time of contracting or transfer, and/or mailing of documents, if required, by certified mail, unless and to the extent warehouse tariff, warehouse receipt and/or storage contract assumes the risk of loss and/or damage.
4. As used in sections 276.401 to 276.582, unless the context otherwise requires, the following terms mean:
(1) "Auditor", a person appointed under sections 276.401 to 276.582 by the director to assist in the administration of sections 276.401 to 276.582, and whose duties include making inspections, audits and investigations authorized under sections 276.401 to 276.582;
(2) "Authorized agent", any person who has the legal authority to act on behalf of, or for the benefit of, another person;
(3) "Buyer", any person who buys or contracts to buy grain;
(4) "Certified public accountant", any person licensed as such under chapter 326;
(5) "Claimant", any person who requests payment for grain sold by him to a dealer, but who does not receive payment because the purchasing dealer fails or refuses to make payment;
(6) "Credit sales contracts", a conditional grain sales contract wherein payment and/or pricing of the grain is deferred to a later date. Credit sales contracts include, but are not limited to, all contracts meeting the definition of deferred payment contracts, and/or delayed price contracts;
(7) "Current assets", resources that are reasonably expected to be realized in cash, sold, or consumed (prepaid items) within one year of the balance sheet date;
(8) "Current liabilities", obligations reasonably expected to be liquidated within one year and the liquidation of which is expected to require the use of existing resources, properly classified as current assets, or the creation of additional liabilities. Current liabilities include obligations that, by their terms, are payable on demand unless the creditor has waived, in writing, the right to demand payment within one year of the balance sheet date;
(9) "Deferred payment agreement", a conditional grain sales transaction establishing an agreed upon price for the grain and delaying payment to an agreed upon later date or time period. Ownership of the grain, and the right to sell it, transfers from seller to buyer so long as the conditions specified in section 276.461 and section 411.325 are met;
(10) "Deferred pricing agreement", a conditional grain sales transaction wherein no price has been established on the grain, the seller retains the right to price the grain later at a mutually agreed upon method of price determination. Deferred pricing agreements include, but are not limited to, contracts commonly known as no price established contracts, price later contracts, and basis contracts on which the purchase price is not established at or before delivery of the grain. Ownership of the grain, and the right to sell it, transfers from seller to buyer so long as the conditions specified in section 276.461 and section 411.325 are met;
(11) "Delivery date" shall mean the date upon which the seller transfers physical possession, or the right of physical possession, of the last unit of grain in any given transaction;
(12) "Department", the Missouri department of agriculture;
(13) "Designated representative", an employee or official of the department designated by the director to assist in the administration of sections 276.401 to 276.582;
(14) "Director", the director of the Missouri department of agriculture or his designated representative;
(15) "Generally accepted accounting principles", the conventions, rules and procedures necessary to define accepted accounting practice, which include broad guidelines of general application as well as detailed practices and procedures generally accepted by the accounting profession, and which have substantial authoritative support from the American Institute of Certified Public Accountants;
(16) "Grain", all grains for which the United States Department of Agriculture has established standards under the United States Grain Standards Act, Sections 71 to 87, Title 7, United States Code, and any other agricultural commodity or seed prescribed by the director by regulation;
(17) "Grain dealer" or "dealer", any person engaged in the business of, or as a part of his business participates in, buying grain where title to the grain transfers from the seller to the buyer within the state of Missouri. "Grain dealer" or "dealer" shall not be construed to mean or include:
(a) Any person or entity who is a member of a recognized board of trade or futures exchange and whose trading in grain is limited solely to trading with other members of a recognized board of trade or futures exchange; provided, that grain purchases from a licensed warehouseman, farmer/producer or any other individual or entity in a manner other than through the purchase of a grain futures contract on a recognized board of trade or futures exchange shall be subject to sections 276.401 to 276.582. Exempted herein are all futures transactions;
(b) A producer or feeder of grain for livestock or poultry buying grain for his own farming or feeding purposes who purchases grain exclusively from licensed grain dealers or whose total grain purchases from producers during his or her fiscal year do not exceed fifty thousand bushels;
(c) Any person or entity whose grain purchases in the state of Missouri are made exclusively from licensed grain dealers;
(d) A manufacturer or processor of registered or unregistered feed whose total grain purchases from producers during his or her fiscal year does not exceed [one hundred thousand dollars] fifty thousand bushels and who pays for all grain purchases from producers at the time of physical transfer of the grain from the seller or his or her agent to the buyer or his or her agent and whose resale of such grain is solely in the form of manufactured or processed feed or feed by-products or whole feed grains to be used by the purchaser thereof as feed;
(18) "Grain transport vehicle", a truck, tractor-trailer unit, wagon, pup, or any other vehicle or trailer used by a dealer, whether owned or leased by him, to transport grain which he has purchased; except that, bulk or bagged feed delivery trucks which are used principally for the purpose of hauling feed and any trucks for which the licensed gross weight does not exceed twenty-four thousand pounds shall not be construed to be a grain transport vehicle;
(19) "Insolvent" or "insolvency", (a) an excess of liabilities over assets or (b) the inability of a person to meet his financial obligations as they come due, or both (a) and (b);
(20) "Interested person", any person having a contractual or other financial interest in grain sold to a dealer, licensed, or required to be licensed;
(21) "Location", any site other than the principal office where the grain dealer engages in the business of purchasing grain;
(22) "Minimum price contract", a conditional grain sales transaction establishing an agreed upon minimum price where the seller may participate in subsequent price gain, if any. Ownership of the grain, and the right to sell it, transfers from the seller to the buyer so long as the conditions specified in section 276.461 and section 411.325 are met;
(23) "Person", any individual, partnership, corporation, cooperative, society, association, trustee, receiver, public body, political subdivision or any other legal or commercial entity of any kind whatsoever, and any member, officer or employee thereof;
(24) "Producer", any owner, tenant or operator of land who has an interest in and receives all or any part of the proceeds from the sale of grain or livestock produced thereon;
(25) "Purchase", to buy or contract to buy grain;
(26) "Sale", the passing of title from the seller to the buyer in consideration of the payment or promise of payment of a certain price in money, or its equivalent;
(27) "Value", any consideration sufficient to support a simple contract.
302.286. 1. No person shall:
(1) Drive a motor vehicle so as to cause it to leave the premises of an establishment at which motor fuel offered for retail sale was dispensed into the fuel tank of such motor vehicle unless payment or authorized charge for motor fuel dispensed has been made; or
(2) Dispense or otherwise remove any motor fuel from a storage container with a capacity of ten gallons or greater at any residence, farm, or agricultural property without the express permission of the owner of such residence, farm, or agricultural property; except that, nothing in this subdivision shall prohibit the removal of any such motor fuel for nonpayment. Any such unauthorized dispensing or removal of motor fuel is theft of motor fuel and is punishable as the crime of stealing under section 570.030.
A person found guilty or pleading guilty to stealing pursuant to section 570.030 for the theft of motor fuel as described in this section shall have his or her driver's license suspended by the court, beginning on the date of the court's order of conviction.
2. The person shall submit all of his or her operator's and chauffeur's licenses to the court upon conviction and the court shall forward all such driver's licenses and the order of suspension of driving privileges to the department of revenue for administration of such order.
3. Suspension of a driver's license pursuant to this section shall be made as follows:
(1) For the first offense, suspension shall be for sixty days, provided that persons may apply for hardship licenses pursuant to section 302.309 at any time following the first thirty days of such suspension;
(2) For the second offense, suspension shall be for ninety days, provided that persons may apply for hardship licenses pursuant to section 302.309 at any time following the first sixty days of such suspension; and
(3) For the third or any subsequent offense, suspension shall be for one hundred eighty days, provided that persons may apply for hardship licenses pursuant to section 302.309 at any time following the first ninety days of such suspension.
4. At the expiration of the suspension period, and upon payment of a reinstatement fee of twenty-five dollars, the director shall terminate the suspension and shall return the person's driver's license. The reinstatement fee shall be in addition to any other fees required by law, and shall be deposited in the state treasury to the credit of the state highway department fund, pursuant to section 302.228.
304.180. 1. No vehicle or combination of vehicles shall be moved or operated on any highway in this state having a greater weight than twenty thousand pounds on one axle, no combination of vehicles operated by transporters of general freight over regular routes as defined in section 390.020 shall be moved or operated on any highway of this state having a greater weight than the vehicle manufacturer's rating on a steering axle with the maximum weight not to exceed twelve thousand pounds on a steering axle, and no vehicle shall be moved or operated on any state highway of this state having a greater weight than thirty-four thousand pounds on any tandem axle; the term "tandem axle" shall mean a group of two or more axles, arranged one behind another, the distance between the extremes of which is more than forty inches and not more than ninety-six inches apart.
2. An "axle load" is defined as the total load transmitted to the road by all wheels whose centers are included between two parallel transverse vertical planes forty inches apart, extending across the full width of the vehicle.
3. Subject to the limit upon the weight imposed upon a highway of this state through any one axle or on any tandem axle, the total gross weight with load imposed by any group of two or more consecutive axles of any vehicle or combination of vehicles shall not exceed the maximum load in pounds as set forth in the following table:
Distance in feet
between the extremes
of any group of two or
more consecutive axles,
measured to the nearest
foot, except where
indicated otherwise Maximum load in pounds
feet 2 axles 3 axles 4 axles 5 axles 6 axles
4 34,000
5 34,000
6 34,000
7 34,000
8 34,000 34,000
More than 8 38,000 42,000
9 39,000 42,500
10 40,000 43,500
11 40,000 44,000
12 40,000 45,000 50,000
13 40,000 45,500 50,500
14 40,000 46,500 51,500
15 40,000 47,000 52,000
16 40,000 48,000 52,500 58,000
17 40,000 48,500 53,500 58,500
18 40,000 49,500 54,000 59,000
19 40,000 50,000 54,500 60,000
20 40,000 51,000 55,500 60,500 66,000
21 40,000 51,500 56,000 61,000 66,500
22 40,000 52,500 56,500 61,500 67,000
23 40,000 53,000 57,500 62,500 68,000
24 40,000 54,000 58,000 63,000 68,500
25 40,000 54,500 58,500 63,500 69,000
26 40,000 55,500 59,500 64,000 69,500
27 40,000 56,000 60,000 65,000 70,000
28 40,000 57,000 60,500 65,500 71,000
29 40,000 57,500 61,500 66,000 71,500
30 40,000 58,500 62,000 66,500 72,000
31 40,000 59,000 62,500 67,500 72,500
32 40,000 60,000 63,500 68,000 73,000
33 40,000 60,000 64,000 68,500 74,000
34 40,000 60,000 64,500 69,000 74,500
35 40,000 60,000 65,500 70,000 75,000
36 60,000 66,000 70,500 75,500
37 60,000 66,500 71,000 76,000
38 60,000 67,500 72,000 77,000
39 60,000 68,000 72,500 77,500
40 60,000 68,500 73,000 78,000
41 60,000 69,500 73,500 78,500
42 60,000 70,000 74,000 79,000
43 60,000 70,500 75,000 80,000
44 60,000 71,500 75,500 80,000
45 60,000 72,000 76,000 80,000
46 60,000 72,500 76,500 80,000
47 60,000 73,500 77,500 80,000
48 60,000 74,000 78,000 80,000
49 60,000 74,500 78,500 80,000
50 60,000 75,500 79,000 80,000
51 60,000 76,000 80,000 80,000
52 60,000 76,500 80,000 80,000
53 60,000 77,500 80,000 80,000
54 60,000 78,000 80,000 80,000
55 60,000 78,500 80,000 80,000
56 60,000 79,500 80,000 80,000
57 60,000 80,000 80,000 80,000
Notwithstanding the above table, two consecutive sets of tandem axles may carry a gross load of thirty-four thousand pounds each if the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six feet or more.
4. Whenever the state highways and transportation commission finds that any state highway bridge in the state is in such a condition that use of such bridge by vehicles of the weights specified in subsection 3 of this section will endanger the bridge, or the users of the bridge, the commission may establish maximum weight limits and speed limits for vehicles using such bridge. The governing body of any city or county may grant authority by act or ordinance to the state highways and transportation commission to enact the limitations established in this section on those roadways within the purview of such city or county. Notice of the weight limits and speed limits established by the commission shall be given by posting signs at a conspicuous place at each end of any such bridge.
5. Nothing in this section shall be construed as permitting lawful axle loads, tandem axle loads or gross loads in excess of those permitted under the provisions of Section 127 of Title 23 of the United States Code.
6. Notwithstanding the weight limitations contained in this section, any vehicle or combination of vehicles operating on highways other than the interstate highway system may exceed single axle, tandem axle and gross weight limitations in an amount not to exceed two thousand pounds. However, total gross weight shall not exceed eighty thousand pounds, except as provided in [subsection] subsections 9 and 10 of this section.
7. Notwithstanding any provision of this section to the contrary, the department of transportation shall issue a single-use special permit, or upon request of the owner of the truck or equipment, shall issue an annual permit, for the transporting of any concrete pump truck or well-drillers' equipment. The department of transportation shall set fees for the issuance of permits pursuant to this subsection. Notwithstanding the provisions of section 301.133, concrete pump trucks or well-drillers' equipment may be operated on state-maintained roads and highways at any time on any day.
8. Notwithstanding the provision of this section to the contrary, the maximum gross vehicle limit and axle weight limit for any vehicle or combination of vehicles equipped with an idle reduction technology may be increased by a quantity necessary to compensate for the additional weight of the idle reduction system as provided for in 23 U.S.C. Section 127, as amended. In no case shall the additional weight increase allowed by this subsection be greater than four hundred pounds. Upon request by an appropriate law enforcement officer, the vehicle operator shall provide proof that the idle reduction technology is fully functional at all times and that the gross weight increase is not used for any purpose other than for the use of idle reduction technology.
9. (1) Notwithstanding subsection 3 of this section or any other provision of law to the contrary, the total gross weight of any vehicle or combination of vehicles hauling livestock or agricultural products not including local log trucks as defined in section 301.010 may be as much as, but shall not exceed, eighty-five thousand five hundred pounds [while operating on U.S. Highway 36 from St. Joseph to U.S. Highway 65, and on U.S. Highway 65 from the Iowa state line to U.S. Highway 36]. The provisions of this subsection, however, shall not apply to vehicles operated on the Dwight D. Eisenhower System of Interstate and Defense Highways.
(2) Any vehicle hauling greater than eighty thousand pounds under the provisions of this subsection, shall apply yearly to the department of transportation for a permit and upon payment of a twenty-five dollar fee, the department shall grant the applicant a permit. Upon renewal of the permit, an applicant shall submit to the department a list of roads traveled and the number of miles traveled on each road during the year.
10. Notwithstanding any provision of this section or any other law to the contrary, the total gross weight of any vehicle or combination of vehicles hauling milk from a farm to a processing facility may be as much as, but shall not exceed, eighty-five thousand five hundred pounds while operating on highways other than the interstate highway system.
537.345. As used in sections 537.345 to 537.347, and section 537.351, the following terms mean:
(1) "Charge", the admission price or fee asked by an owner of land or an invitation or permission without price or fee to use land for recreational purposes when such invitation or permission is given for the purpose of sales promotion, advertising or public goodwill in fostering business purposes;
(2) "Land", all real property, land and water, and all structures, fixtures, equipment and machinery thereon;
(3) "Owner", any individual, legal entity or governmental agency that has any ownership or security interest whatever or lease or right of possession in land;
(4) "Recreational use", hunting, fishing, camping, picnicking, biking, nature study, winter sports, viewing or enjoying archaeological or scenic sites, or other similar activities undertaken for recreation, exercise, education, relaxation, or pleasure on land owned by another;
(5) "Trespasser", any person who enters on the property of another without permission and without an invitation, express or implied regardless of whether actual notice of trespass was given or the land was posted in accordance with the provisions of sections 569.140 and 569.145.
537.346. Except as provided in sections 537.345 to 537.348, and section 537.351, an owner of land owes no duty of care to any person who enters on the land without charge to keep his land safe for recreational use or to give any general or specific warning with respect to any natural or artificial condition, structure, or personal property thereon.
537.351. 1. Except as provided in subsection 2 of this section, a possessor of real property, including an owner, lessee, or other occupant, or an agent of such owner, lessee, or other occupant, owes no duty of care to a trespasser except to refrain from harming the trespasser by an intentional, willful, or wanton act. A possessor of real property may use justifiable force to repel a criminal trespasser as provided by section 563.074.
2. A possessor of real property may be subject to liability for physical injury or death to a trespasser in the following situations:
(1) If the trespasser is a child who is harmed by a dangerous artificial condition on the land; and
(a) The possessor knew or should have known that children were likely to trespass at the location of the condition;
(b) The condition is one which the possessor knew or reasonably should have known involved an unreasonable risk of death or serious physical injury to such children;
(c) The injured child because of the child's youth did not discover the condition or realize the risk involved in the intermeddling with the condition or in coming within the area made dangerous by the condition;
(d) The utility to the possessor of maintaining the condition and the burden of eliminating the danger were slight as compared with the risk to the child involved; and
(e) The possessor failed to exercise reasonable care to eliminate the danger or otherwise protect the injured child; or
(2) The possessor knew or should have known that trespassers consistently intrude upon a limited area of the possessor's land where the trespasser was harmed, the harm resulted from a dangerous artificial condition on the land; and
(a) The possessor created or maintained the artificial condition that caused the injury;
(b) The possessor knew that the condition was likely to cause death or serious bodily harm to trespassers;
(c) The possessor knew or should have known that the condition was of such a nature that trespassers would not discover it; and
(d) The possessor failed to exercise reasonable care to warn trespassers of the condition and the risk involved; or
(3) If the possessor knew of the trespasser's presence on the land and failed to exercise ordinary care as to active operations carried out on the land.
3. This section does not create or increase the liability of any possessor of real property and does not affect any immunities from or defenses to liability established under state law or available under common law to which a possessor of real property may be entitled under circumstances not covered by this section.
537.850. 1. Sections 537.850 to 537.862 shall be known and may be cited as the "Agritourism Promotion Act".
2. As used in sections 537.850 to 537.862, the following terms shall mean:
(1) "Agritourism activity", any activity which allows members of the general public for recreational, entertainment, or educational purposes to view or enjoy rural activities, including but not limited to farming activities, ranching activities, or historic, cultural, or natural attractions. An activity may be an agritourism activity whether or not the participant pays to participate in the activity. An activity is not an agritourism activity if the participant is paid to participate in the activity;
(2) "Department", the state department of agriculture;
(3) "Director", the director of the department of agriculture;
(4) "Inherent risks of a registered agritourism activity", those dangers or conditions which are an integral part of such agritourism activity, including but not limited to certain hazards such as surface and subsurface conditions; natural conditions of land, vegetation, and waters; the behavior of wild or domestic animals; and ordinary dangers of structures or equipment ordinarily used in farming or ranching operations. Inherent risks of a registered agritourism activity also includes the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to follow instructions given by the registered agritourism operator or failing to exercise reasonable caution while engaging in the registered agritourism activity;
(5) "Participant", any person who engages in a registered agritourism activity;
(6) "Registered agritourism activity", any agritourism activity that is registered with the director of the department of agriculture as an AgriMissouri member under section 261.230, and any rules promulgated thereunder;
(7) "Registered agritourism location", a specific parcel of land which is registered with the director of the department of agriculture under section 537.853, and any rules promulgated thereunder, and where a registered agritourism operator engages in registered agritourism activities;
(8) "Registered agritourism operator", any person who is engaged in the business of providing one or more agritourism activities and is registered with the director of the department of agriculture as an AgriMissouri member under section 261.230, and any rules promulgated thereunder.
537.856. 1. At every registered agritourism location, the registered agritourism operator shall post and maintain signage which contains the warning notice specified in subsection 3 of this section. The requirements of this section shall be deemed satisfied if such signage is placed in a clearly visible location at or near the registered agritourism location. The warning notice shall appear on the sign in black letters, with each letter to be at least one inch in height.
2. Every written contract entered into by a registered agritourism operator for the providing of a registered agritourism activity shall contain in clearly readable print the warning notice and language specified in subsection 3 of this section.
3. The required signage under this section shall contain the following warning notice:
"WARNING: Under Missouri law, there is no liability for an injury or death of a participant in a registered agritourism activity conducted at this registered agritourism location if such injury or death results from the inherent risks of such agritourism activity. Inherent risks of agritourism activities include, but are not limited to, the potential of you as a participant to act in a negligent manner that may contribute to your injury or death and the potential of another participant to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this registered agritourism activity.".
4. Upon request, the registered agritourism operator shall provide to any participant a written description of the registered agritourism activity, as set forth in the registration under section 537.853 for which sections 537.850 to 537.862 limits the registered agritourism operator's liability at the registered agritourism location.
537.859. 1. Except as provided in subsection 2 of this section, a registered agritourism operator is not liable for injury to or death of a participant resulting from the inherent risks of agritourism activities so long as the warning contained in section 537.856 is posted as required and, except as provided in subsection 2 of this section, no participant or participant's representative shall maintain an action against or recover from a registered agritourism operator for injury, loss, damage, or death of the participant resulting exclusively from any of the inherent risks of agritourism activities.
2. Nothing in sections 537.850 to 537.862 shall prevent or limit the liability of a registered agritourism operator if the registered agritourism operator:
(1) Injures the participant by willful or wanton conduct;
(2) Has actual knowledge or should have known of a dangerous condition in the facilities or equipment used in the registered agritourism activity and does not make such dangerous condition known to a participant and such dangerous condition causes the participant to sustain injuries; or
(3) Fails to use that degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances.
3. In any action for damages for personal injury, death, or property damage arising from the operation of a registered tourism activity in which an owner or operator is named as a defendant, it shall be an affirmative defense to that liability that:
(1) The injured person assumed the risk;
(2) The injured person deliberately disregarded conspicuously posted signs, verbal instructions, or other warnings regarding safety measures during the activity; or
(3) Any equipment, animals, or appliance used by the injured person during the activity were used in a manner or for a purpose other than that for which a reasonable person should have known they were intended.
569.140. 1. A person commits the crime of trespass in the first degree if he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property.
2. A person does not commit the crime of trespass in the first degree by entering or remaining upon real property unless the real property is fenced or otherwise enclosed in a manner designed to exclude intruders or as to which notice against trespass is given by:
(1) Actual communication to the actor; or
(2) Posting in a manner reasonably likely to come to the attention of intruders.
3. Trespass in the first degree is a class [B] A misdemeanor.
575.010. The following definitions shall apply to this chapter and chapter 576:
(1) "Affidavit" means any written statement which is authorized or required by law to be made under oath, and which is sworn to before a person authorized to administer oaths;
(2) "Government" means any branch or agency of the government of this state or of any political subdivision thereof;
(3) "Highway" means any public road or thoroughfare for vehicles, including state roads, county roads and public streets, avenues, boulevards, parkways or alleys in any municipality;
(4) "Judicial proceeding" means any official proceeding in court, or any proceeding authorized by or held under the supervision of a court;
(5) "Juror" means a grand or petit juror, including a person who has been drawn or summoned to attend as a prospective juror;
(6) "Jury" means a grand or petit jury, including any panel which has been drawn or summoned to attend as prospective jurors;
(7) "Official proceeding" means any cause, matter, or proceeding where the laws of this state require that evidence considered therein be under oath or affirmation;
(8) "Police animal" means a dog, horse or other animal used in law enforcement or a correctional facility, or by a municipal police department, fire department, search and rescue unit or agency, whether the animal is on duty or not on duty. The term shall include, but not be limited to, accelerant detection dogs, bomb detection dogs, narcotic detection dogs, search and rescue dogs and tracking animals;
(9) "Public record" means any document which a public servant is required by law to keep;
(10) "Public servant", any person employed in any way by the state or political subdivision of this state who is compensated by the state or political subdivision of this state by reason of such person's employment, any person appointed to a position with the state or any political subdivision of this state, or any person elected to a position with the state or any political subdivision of this state. Public servant includes, but is not limited to, members of the general assembly, jurors, members of the judiciary, law enforcement officers, and state inspectors employed by state agencies. Public servant does not include witnesses;
(11) "Testimony" means any oral statement under oath or affirmation;
[(11)] (12) "Victim" means any natural person against whom any crime is deemed to have been perpetrated or attempted;
[(12)] (13) "Witness" means any natural person:
(a) Having knowledge of the existence or nonexistence of facts relating to any crime; or
(b) Whose declaration under oath is received as evidence for any purpose; or
(c) Who has reported any crime to any peace officer or prosecutor; or
(d) Who has been served with a subpoena issued under the authority of any court of this state.
575.120. 1. A person commits the crime of false impersonation if such person:
(1) Falsely represents himself or herself to be a public servant with purpose to induce another to submit to his or her pretended official authority or to rely upon his or her pretended official acts, and
(a) Performs an act in that pretended capacity; or
(b) Causes another to act in reliance upon his or her pretended official authority;
(2) Falsely represents himself or herself to be a person licensed to practice or engage in any profession for which a license is required by the laws of this state with purpose to induce another to rely upon such representation, and
(a) Performs an act in that pretended capacity; or
(b) Causes another to act in reliance upon such representation; or
(3) Upon being arrested, falsely represents himself or herself, to a law enforcement officer, with the first and last name, date of birth, or Social Security number, or a substantial number of identifying factors or characteristics as that of another person that results in the filing of a report or record of arrest or conviction for an infraction, misdemeanor, or felony that contains the first and last name, date of birth, and Social Security number, or a substantial number of identifying factors or characteristics to that of such other person as to cause such other person to be identified as the actual person arrested or convicted.
2. If a violation of subdivision (3) of subsection 1 of this section is discovered prior to any conviction of the person actually arrested for an underlying charge, then the prosecuting attorney, bringing any action on the underlying charge, shall notify the court thereof, and the court shall order the false-identifying factors ascribed to the person actually arrested as are contained in the arrest and court records amended to correctly and accurately identify the defendant and shall expunge the incorrect and inaccurate identifying factors from the arrest and court records.
3. If a violation of subdivision (3) of subsection 1 of this section is discovered after any conviction of the person actually arrested for an underlying charge, then the prosecuting attorney of the county in which the conviction occurred shall file a motion in the underlying case with the court to correct the arrest and court records after discovery of the fraud upon the court. The court shall order the false identifying factors ascribed to the person actually arrested as are contained in the arrest and court records amended to correctly and accurately identify the defendant and shall expunge the incorrect and inaccurate identifying factors from the arrest and court records. 4. Any person who is the victim of a false impersonation and whose identity has been falsely reported in arrest or conviction records may move for expungement and correction of said records under the procedures set forth in section 610.123. Upon a showing that a substantial number of identifying factors of the victim was falsely ascribed to the person actually arrested or convicted, the court shall order the false identifying factors ascribed to the person actually arrested as are contained in the arrest and court records amended to correctly and accurately identify the defendant and shall expunge the incorrect and inaccurate factors from the arrest and court records.
5. False impersonation is a class [B] A misdemeanor unless the person represents himself to be a law enforcement officer in which case false impersonation is a class [A misdemeanor] C felony.
575.124. 1. No person shall attempt by means of any threat or violence to deter or prevent an inspector, agent, or other employee of the department of agriculture from performing any duties imposed by law upon such inspector, agent, or employee or the department.
2. Any person who violates the provisions of this section is guilty of a class B misdemeanor. Any second or subsequent violation of this section is a class A misdemeanor.
Section 1. The governing body of all national, state, and local fairs and expositions conducted in this state which include the exhibition of livestock shall permit all qualifying 4-H and Future Farmers of America (FFA) members to exhibit livestock at such fair or exposés. The governing body of each national, state, and local fair or exposition shall have the authority to establish rules and fees for participation in its individual events.
Section 2. The governing body of all national, state, and local fairs, expositions, and pet shows conducted in this state which include the exhibition of livestock or domestic animals shall permit all qualified livestock breeders and domestic animal owners to exhibit livestock and domestic animals at such fair, exposition, or pet show. The governing body of each national, state, and local fair, exposition, or pet show shall have the authority to establish rules and fees for participation in its individual events.
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