Bill Text: MO HB927 | 2013 | Regular Session | Comm Sub
Bill Title: Changes the laws regarding agriculture
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-05-01 - Rules - Reported Do Pass (H) [HB927 Detail]
Download: Missouri-2013-HB927-Comm_Sub.html
FIRST REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
97TH GENERAL ASSEMBLY
2200H.04C D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 64.196, 178.550, 192.300, 196.311, 261.100, 267.655, 304.180, 304.184, 323.100, 348.521, 413.225, 570.030, 578.009, and 578.012, RSMo, and to enact in lieu thereof nineteen 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 64.196, 178.550, 192.300, 196.311, 261.100, 267.655, 304.180, 304.184, 323.100, 348.521, 413.225, 570.030, 578.009, and 578.012, RSMo, are repealed and nineteen new sections enacted in lieu thereof, to be known as sections 64.196, 144.527, 178.550, 192.300, 196.311, 261.100, 262.750, 262.795, 267.655, 304.180, 304.184, 323.100, 348.521, 413.225, 570.030, 578.009, 578.011, 578.012, and 1, to read as follows:
64.196. 1. After August 28, 2001, any county seeking to adopt a building code in a manner set forth in section 64.180 shall, in creating or amending such code, adopt a current, calendar year 1999 or later edition, nationally recognized building code, as amended.
2. No county building ordinance so adopted shall conflict with liquefied petroleum gas installations governed by section 323.020.
144.527. 1. In addition to the exemptions granted under this chapter, there shall also be specifically exempted from state and local sales and use taxes defined, levied, or calculated under section 32.085, sections 144.010 to 144.525, sections 144.600 to 144.761, and section 238.235 all sales of farm products sold at a farmers' market.
2. For purposes of this section "farm products" shall mean any fresh fruits, vegetables, mushrooms, nuts, shell eggs, honey or other bee products, maple syrup or maple sugar, flowers, nursery stock and other horticultural commodities, livestock food products, including meat, milk, cheese, and other dairy products, food products of "aquaculture", as defined in section 277.024, including fish, oysters, clams, mussels, and other molluscan shellfish taken from the waters of the state, products from any tree, vine, or plant and other flowers, or any of the products listed in this subdivision that have been processed by the participating farmer, including, but not limited to, baked goods made with farm products.
3. For purposes of this section "farmers' market" shall mean an individual farmer or a cooperative or nonprofit enterprise or association that consistently occupies a given site throughout the season, which operates principally as a common marketplace for an individual farmer or a group of farmers to sell farm products directly to consumers, and where the products sold are produced by the participating farmers with the sole intent and purpose of generating a portion of household income.
4. The provisions of this section do not apply to any farmer with estimated total annual sales of twenty-five thousand dollars or more from participating in farmers’ markets.
178.550. [The president of the state board of education shall annually appoint a committee of five members to be known as the "State Advisory Committee for Vocational Education". The state advisory committee shall consist of one person of experience in agriculture; one employer; one representative of labor; one person of experience in home economics; one person of experience in commerce. The state commissioner of education is ex officio a member and the chairman of the advisory committee. The state board of education shall formulate general principles and policies for the administration of sections 178.420 to 178.580, which, when they have been approved by the state advisory committee, shall be put into effect. Joint conferences between the state board of education and advisory committee shall be held at least four times each year. All members of the state advisory committee shall be reimbursed for their actual expenses in attending the conferences.] 1. This section shall be known and may be cited as the "Career and Technical Education Student Protection Act". There is hereby established the "Career and Technical Education Advisory Council" within the department of elementary and secondary education.
2. The advisory council shall be composed of eleven members who shall be Missouri residents, appointed by the governor with the advice and consent of the senate:
(1) A director or administrator of a career and technical education center;
(2) An individual from the business community with a background in commerce;
(3) A representative from Linn State Technical College;
(4) Three current or retired career and technical education teachers who also serve or served as an advisor to any of the nationally recognized career and technical education student organizations of:
(a) DECA;
(b) Future Business Leaders of America (FBLA);
(c) FFA;
(d) Family, Career and Community Leaders of America (FCCLA);
(e) Health Occupations Students of America (HOSA);
(f) SkillsUSA; or
(g) Technology Student Association (TSA);
(5) A representative from a business organization, association of businesses, or a business coalition;
(6) A representative from a Missouri community college;
(7) A representative from Southeast Missouri State University or the University of Central Missouri;
(8) An individual participating in an apprenticeship recognized by the department of labor and industrial relations or approved by the United States Department of Labor’s Office of Apprenticeship;
(9) A school administrator or school superintendent of a school that offers career and technical education.
3. Members shall serve a term of five years except for the initial appointments, which shall be for the following lengths:
(1) One member shall be appointed for a term of one year;
(2) Two members shall be appointed for a term of two years;
(3) Two members shall be appointed for a term of three years;
(4) Three members shall be appointed for a term of four years;
(5) Three members shall be appointed for a term of five years.
4. The advisory council shall have three non-voting ex-officio members:
(1) A director of guidance and counseling services at the department of elementary and secondary education, or a similar position if such position ceases to exist;
(2) The director of the division of workforce development; and
(3) A member of the coordinating board for higher education, as selected by the coordinating board.
5. The assistant commissioner for the office of college and career readiness of the department of elementary and secondary education shall provide staff assistance to the advisory council.
6. The advisory council shall meet at least four times annually. The advisory council may make all rules it deems necessary to enable it to conduct its meetings, elect its officers, and set the terms and duties of its officers. The advisory council shall elect from among its members a chairperson, vice chairperson, a secretary-reporter, and such other officers as it deems necessary. Members of the advisory council shall serve without compensation but may be reimbursed for actual expenses necessary to the performance of their official duties for the advisory council.
7. Any business to come before the advisory council shall be available on the advisory council's internet website at least seven business days prior to the start of each meeting. All records of any decisions, votes, exhibits, or outcomes shall be available on the advisory council's internet website within forty-eight hours following the conclusion of every meeting. Any materials prepared for the members shall be delivered to the members at least five days before the meeting, and to the extent such materials are public records as defined in section 610.010 and are not permitted to be closed under section 610.021, shall be made available on the advisory council's internet website at least five business days in advance of the meeting.
8. The advisory council shall make an annual written report to the state board of education and the commissioner of education regarding the development, implementation, and administration of the state budget for career and technical education.
9. The advisory council shall annually submit written recommendations to the state board of education and the commissioner of education regarding the oversight and procedures for the handling of funds for student career and technical education organizations.
10. The advisory council shall:
(1) Develop a comprehensive statewide short- and long-range strategic plan for career and technical education;
(2) Identify service gaps and provide advice on methods to close such gaps as they relate to youth and adult employees, workforce development, and employers on training needs;
(3) Confer with public and private entities for the purpose of promoting and improving career and technical education;
(4) Identify legislative recommendations to improve career and technical education;
(5) Promote coordination of existing career and technical education programs;
(6) Adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted.
11. For purposes of this section, the department of elementary and secondary education shall provide such documentation and information as to allow the advisory council to be effective.
12. For purposes of this section, "advisory council" shall mean the career and technical education advisory council.
192.300. 1. The county commissions and the county health center boards of the several counties may make and promulgate orders, ordinances, rules or regulations, respectively as will tend to enhance the public health and prevent the entrance of infectious, contagious, communicable or dangerous diseases into such county, but any orders, ordinances, rules or regulations shall not be in conflict with any rules or regulations authorized and made by the department of health and senior services in accordance with this chapter or by the department of social services under chapter 198. The county commissions and the county health center boards of the several counties may establish reasonable fees to pay for any costs incurred in carrying out such orders, ordinances, rules or regulations, however, the establishment of such fees shall not deny personal health services to those individuals who are unable to pay such fees or impede the prevention or control of communicable disease. Fees generated shall be deposited in the county treasury. All fees generated under the provisions of this section shall be used to support the public health activities for which they were generated. After the promulgation and adoption of such orders, ordinances, rules or regulations by such county commission or county health board, such commission or county health board shall make and enter an order or record declaring such orders, ordinances, rules or regulations to be printed and available for distribution to the public in the office of the county clerk, and shall require a copy of such order to be published in some newspaper in the county in three successive weeks, not later than thirty days after the entry of such order, ordinance, rule or regulation. Any person, firm, corporation or association which violates any of the orders or ordinances adopted, promulgated and published by such county commission is guilty of a misdemeanor and shall be prosecuted, tried and fined as otherwise provided by law. The county commission or county health board of any such county has full power and authority to initiate the prosecution of any action under this section.
2. Beginning August 28, 2013, and notwithstanding any other provision of law or this section to the contrary, in any county where there is both a county commission and a county health center board, each of these entities shall be required to be in agreement to pass orders, ordinances, rules or regulations for the purposes allowed under subsection 1 of this section. Each entity must pass, by recorded majority vote, identical orders, ordinances, rules or regulations. Either the county commission or the county health center board may initiate prosecution of violations of such jointly passed orders, ordinances, rules or regulations. However, no county prosecutor shall initiate a misdemeanor prosecution unless he or she has confirmed compliance with the requirements of this subsection such that an order, ordinance, rule or regulation has been verified to have been adopted and properly promulgated in accordance with the procedures of both the county commission and the county health center board.
196.311. Unless otherwise indicated by the context, when used in sections 196.311 to 196.361:
(1) "Consumer" means any person who purchases eggs for his or her own family use or consumption; or any restaurant, hotel, boardinghouse, bakery, or other institution or concern which purchases eggs for serving to guests or patrons thereof, or for its own use in cooking, baking, or manufacturing their products;
(2) "Container" means any box, case, basket, carton, sack, bag, or other receptacle. "Subcontainer" means any container when being used within another container;
(3) "Dealer" means any person who purchases eggs from the producers thereof, or another dealer, for the purpose of selling such eggs to another dealer, a processor, or retailer;
(4) "Denatured" means eggs (a) made unfit for human food by treatment or the addition of a foreign substance, or (b) with one-half or more of the shell's surface covered by a permanent black, dark purple or dark blue dye;
(5) "Director" means the director of the department of agriculture;
(6) "Eggs" means [eggs in the shell from] the shell eggs of a domesticated chicken[s] , turkey, duck, goose, or guinea that are intended for human consumption;
(7) "Inedible eggs" means eggs which are defined as such in the rules and regulations of the director adopted under sections 196.311 to 196.361, which definition shall conform to the specifications adopted therefor by the United States Department of Agriculture;
(8) "Person" means and includes any individual, firm, partnership, exchange, association, trustee, receiver, corporation or any other business organization, and any member, officer or employee thereof;
(9) "Processor" means any person engaged in breaking eggs or manufacturing or processing egg liquids, whole egg meats, yolks, whites, or any mixture of yolks and whites, with or without the addition of other ingredients, whether chilled, frozen, condensed, concentrated, dried, powdered or desiccated;
(10) "Retailer" means any person who sells eggs to a consumer;
(11) "Sell" means offer for sale, expose for sale, have in possession for sale, exchange, barter, or trade.
261.100. Within the limit of funds specifically appropriated for [that] this purpose, the director of the department of agriculture may operate an animal export inspection facility meeting the requirements of the United States Department of Agriculture for animal inspection prior to export shipments.
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 to override the protections under chapter 267 or prohibit any reasonable restrictions regarding time, place, and manner consistent with other similar events. 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 agricultural 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.
267.655. In addition to the remedies provided for in sections 267.560 to 267.660 by law, the following civil penalties may be imposed:
(1) If the director determines, after inquiry and opportunity for a hearing, that any individual is in violation of any provision of sections 267.560 to 267.660, or any regulations issued thereunder, the director shall have the authority to assess a civil penalty of not more than one thousand dollars per incident. In the event that a person penalized or ordered to pay restitution under this section fails to pay the penalty or restitution, the director may apply to the circuit court of Cole County for, and the court is authorized to enter, an order enforcing the assessed penalty or restitution;
(2) The prosecuting attorney of any county in which a violation of any provisions of sections 267.560 to 267.660 occurs or the attorney general of the state, is hereby authorized to apply to any court of competent jurisdiction for, and such court shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction to restrain any person from violating any provisions of sections 267.560 to 267.660.
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 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 63, on U.S. Highway 65 from the Iowa state line to U.S. Highway 36, and on U.S. Highway 63 from the Iowa state line to U.S. Highway 36, and on U.S. Highway 63 from U.S. Highway 36 to Missouri Route 17]. The provisions of this subsection 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. The provisions of this subsection shall not apply to vehicles operated and operating on the Dwight D. Eisenhower System of Interstate and Defense Highways.
304.184. Notwithstanding any other provision of law to the contrary, any truck, tractor-trailer or other combination engaged in transporting solid waste, as defined by section 260.200, or engaged in transporting recyclable waste for use in the production of animal feed between any city and a solid waste disposal area [or] , solid waste processing facility, or recycling facility approved by the department of natural resources [or] , department of health and senior services, or department of revenue may operate with a weight not to exceed twenty-two thousand four hundred pounds on one axle or a weight not to exceed forty-four thousand eight hundred pounds on any tandem axle; but nothing in this section shall be construed to permit the operation of any motor vehicle on the interstate highway system in excess of the weight limits imposed by federal statute; and no such truck, tractor-trailer or other combination shall exceed the width and length limitations provided in section 304.190.
323.100. 1. The director of the department of agriculture shall annually inspect and test all liquid meters used for the measurement and retail sale of liquefied petroleum gas and shall condemn all meters which are found to be inaccurate. All meters shall meet the tolerances and specifications of the National Institute of Standards and Technology Handbook 44, 1994 edition and supplements thereto. It is unlawful to use a meter for retail measurement and sale which has been condemned. All condemned meters shall be conspicuously marked "inaccurate", and the mark shall not be removed or defaced except upon authorization of the director of the department of agriculture or his authorized representative. It is the duty of each person owning or in possession of a meter to pay to the director of the department of agriculture at the time of each test a testing fee of ten dollars[, except that the testing fee herein provided for shall not be applied more than once in a calendar year to each meter tested]. On January 1, 2014, the testing fee shall be twenty-five dollars. On January 1, 2015, the testing fee shall be set at fifty dollars. On January 1, 2016, and annually thereafter, the director shall ascertain the total expenses for administering this section and shall set the testing fee at a rate to cover the expenses for the ensuing year but not to exceed seventy-five dollars.
2. On the first day of October 2014, and each year thereafter, the director of the department of agriculture shall submit a report to the general assembly that states the current testing fee, the expenses for administering this section for the previous calendar year, any proposed change to the testing fee, and estimated expenses for administering this section during the ensuing year. The proposed change to the testing fee shall not yield revenue greater than the total cost of administering this section during the ensuing year.
3. Beginning August 28, 2013, and each year thereafter, the director of the department of agriculture shall publish the testing fee schedule on the departmental website. The website shall be updated within thirty days of a change in the testing fee schedule set forth in this section.
348.521. 1. The authority may issue certificates of guaranty covering a first loss guarantee up to but not more than fifty percent of the loan on a declining principal basis for loans to individuals executing a note or other evidence of a loan made for livestock feed and crop input, but not to exceed the amount of [forty] one hundred thousand dollars for any one individual and to pay from the livestock feed and crop input loan guarantee fund to an eligible lender up to fifty percent of the amount on a declining principal basis of any loss on any guaranteed loan made under the provisions of sections 348.515 to 348.533, in the event of default on the loan. Upon payment of the loan, the authority shall be subrogated to all the rights of the eligible lender.
2. As used in sections 348.515 to 348.533, the term "eligible lender" means those entities defined as lenders under subdivision (8) of section 348.015.
3. The authority shall charge for each guaranteed loan a one-time participation fee of fifty dollars which shall be collected by the lender at the time of closing and paid to the authority. In addition, the authority may charge a special loan guarantee fee of up to one percent per annum of the outstanding principal which shall be collected from the borrower by the lender and paid to the authority. Amounts so collected shall be deposited in the livestock feed and crop input loan program fund and used, upon appropriation, to pay the costs of administering the program.
4. All moneys paid to satisfy a defaulted guaranteed loan shall only be paid out of the livestock feed and crop input loan guarantee fund established by sections 348.515 to 348.533.
5. The total outstanding guaranteed loans shall at no time exceed an amount which, according to sound actuarial judgment, would allow immediate redemption of twenty percent of the outstanding loans guaranteed by the fund at any one time.
413.225. 1. There is established a fee for registration, inspection and calibration services performed by the division of weights and measures. The fees are due at the time the service is rendered and shall be paid to the director by the person receiving the service. The director shall collect fees according to the following schedule and shall deposit them with the state treasurer into [general revenue for the use of the state of Missouri] the agriculture protection fund as set forth in section 261.200:
(1) From August 28, [1994] 2013, until the next January first, laboratory fees for metrology calibrations shall be at the rate of [twenty-five] sixty dollars per hour for tolerance testing [and thirty-five dollars per hour for] or precision calibration. Time periods over one hour shall be computed to the nearest one quarter hour. On the first day of January, [1995] 2014, and each year thereafter, the director of agriculture shall ascertain the total receipts and expenses for the metrology calibrations during the preceding year and shall fix a fee schedule for the ensuing year at a rate per hour [which shall not exceed sixty dollars per hour for either method but shall not be less than twenty-five dollars per hour for tolerance testing and thirty-five dollars per hour for precision calibration,] as will yield revenue not more than the total cost of operating the metrology laboratory during the ensuing year;
(2) [From August 28, 1994, until the next January first,] All [scale] device test fees [shall be] charged [as follows] shall include, but not be limited to, the following devices:
(a) Small scales [shall be five dollars for each counter scale, ten dollars for platform scales up to one thousand-pound capacity, and twenty dollars for each platform scale over one thousand-pound capacity];
(b) Vehicle scales [shall be fifty dollars each for the initial test and seventy-five dollars for each subsequent test within the same calendar year];
(c) Livestock scales [shall be seventy-five dollars each for the initial test, and one hundred dollars for each subsequent test within the same calendar year];
(d) Hopper scales [with a capacity of one thousand pounds or less shall be ten dollars each; for each hopper scale with a capacity of more than one thousand pounds up to and including two thousand pounds, the fee shall be twenty dollars; for each hopper scale with a capacity of more than two thousand pounds up to and including ten thousand pounds, the fee shall be fifty dollars; and for those hopper scales with a capacity of more than ten thousand pounds, the test fee shall be seventy-five dollars each];
(e) Railroad scales [shall be fifty dollars each];
(f) Monorail scales [shall be twenty-five dollars each for the initial test and fifty dollars for each subsequent test in the same calendar year];
(g) [Participation in on-site field evaluations of devices for National Type Evaluation Program certification and all tests of] In-motion scales including but not limited to vehicle, railroad and belt conveyor scales [will be charged at the rate of thirty dollars per hour, plus mileage from the inspector's official domicile to and from the inspection site. The time shall begin when the state inspector performing the inspection arrives at the site to be inspected and shall end when the final report is signed by the owner/operator and the inspector departs];
[(3) From August 28, 1994, until the next January first, certification of]
(h) Taximeters [shall be five dollars per meter];
(i) Timing devices[, five dollars per device];
(j) Fabric-measuring devices[,] ;
(k) Wire- and cordage-measuring devices[, five dollars per device];
(l) Milk for quantity determination[, twenty-five dollars per plant inspected]; and
[(4) From August 28, 1994, until the next January first, certification of]
(m) Vehicle tank meters [shall be twenty-five dollars each for the initial test and fifty dollars for each subsequent test in the same calendar year];
(3) Devices that require participation in on-site field evaluations for National Type Evaluation Program Certification and all tests of in-motion scales shall be charged a fee, plus mileage from the inspector's official domicile to and from the inspection site. The time shall begin when the state inspector performing the inspection arrives at the site to be inspected and shall end when the final report is signed by the owner/operator and the inspector departs;
[(5)] (4) Every person shall register each location of such person's place of business where devices or instruments are used to ascertain the moisture content of grains and seeds offered for sale, processing or storage in this state with the director and shall pay a registration fee [of ten dollars] for each location so registered and a fee [of five dollars] for each additional device or instrument at such location. Thereafter, by January thirty-first of each year, each person who is required to register pursuant to this subdivision shall pay an annual fee [of ten dollars] for each location so registered and an additional [five dollars] fee for each additional machine at each location. The fee on newly purchased devices shall be paid within thirty days after the date of purchase. Application for registration of a place of business shall be made on forms provided by the director and shall require information concerning the make, model and serial number of the device and such other information as the director shall deem necessary. Provided, however, this subsection shall not apply to moisture-measuring devices used exclusively for the purpose of obtaining information necessary to manufacturing processes involving plant products. In addition to fees required by this subdivision, a fee [of ten dollars] shall be charged for each device subject to retest.
2. On the first day of January, 1995, and each year thereafter, the director of agriculture shall ascertain the total receipts and expenses for the testing of weighing and measuring devices referred to in subdivisions (2), (3), and (4) [and (5)] of subsection 1 of this section and shall fix the fees or rate per hour for such weighing and measuring devices to derive revenue not more than the total cost of the operation[, but such fees shall not be fixed in amounts less than the amounts contained in subdivisions (2), (3), (4) and (5) of subsection 1 of this section].
3. [Except as indicated in paragraphs (b), (c), and (f) of subdivision (2) and subdivisions (4) and (5) of subsection 1,] On the first day of October 2014, and each year thereafter, the director of the department of agriculture shall submit a report to the general assembly that states the current laboratory fees for metrology calibration, the expenses for administering this section for the previous calendar year, any proposed change to the laboratory fee structure, and estimated expenses for administering this section during the ensuing year. The proposed change to the laboratory fee structure shall not yield revenue greater than the total cost of administering this section during the ensuing year.
4. Beginning August 28, 2013, and each year thereafter, the director of the department of agriculture shall publish the laboratory fee schedule on the departmental website. The website shall be updated within thirty days of a change in the laboratory fee schedule set forth in this section.
5. Retests for any device within the same calendar year will be charged at the same rate as the initial test. Devices being retested in the same calendar year as a result of rejection and repair are exempt from the requirements of this subsection.
[4.] 6. All device inspection fees shall be paid within thirty days of the issuance of the original invoice. Any fee not paid within ninety days after the date of the original invoice will be cause for the director to deem the device as incorrect and it may be condemned and taken out of service, and may be seized by the director until all fees are paid.
[5.] 7. No fee provided for by this section shall be required of any person owning or operating a moisture-measuring device or instrument who uses such device or instrument solely in agricultural or horticultural operations on such person's own land, and not in performing services, whether with or without compensation, for another person.
570.030. 1. A person commits the crime of stealing if he or she appropriates property or services of another with the purpose to deprive him or her thereof, either without his or her consent or by means of deceit or coercion.
2. Evidence of the following is admissible in any criminal prosecution pursuant to this section on the issue of the requisite knowledge or belief of the alleged stealer:
(1) That he or she failed or refused to pay for property or services of a hotel, restaurant, inn or boardinghouse;
(2) That he or she gave in payment for property or services of a hotel, restaurant, inn or boardinghouse a check or negotiable paper on which payment was refused;
(3) That he or she left the hotel, restaurant, inn or boardinghouse with the intent to not pay for property or services;
(4) That he or she surreptitiously removed or attempted to remove his or her baggage from a hotel, inn or boardinghouse;
(5) That he or she, with intent to cheat or defraud a retailer, possesses, uses, utters, transfers, makes, alters, counterfeits, or reproduces a retail sales receipt, price tag, or universal price code label, or possesses with intent to cheat or defraud, the device that manufactures fraudulent receipts or universal price code labels.
3. Notwithstanding any other provision of law, any offense in which the value of property or services is an element is a class C felony if:
(1) The value of the property or services appropriated is five hundred dollars or more but less than twenty-five thousand dollars; or
(2) The actor physically takes the property appropriated from the person of the victim; or
(3) The property appropriated consists of:
(a) Any motor vehicle, watercraft or aircraft; or
(b) Any will or unrecorded deed affecting real property; or
(c) Any credit card or letter of credit; or
(d) Any firearms; or
(e) Any explosive weapon as defined in section 571.010; or
(f) A United States national flag designed, intended and used for display on buildings or stationary flagstaffs in the open; or
(g) Any original copy of an act, bill or resolution, introduced or acted upon by the legislature of the state of Missouri; or
(h) Any pleading, notice, judgment or any other record or entry of any court of this state, any other state or of the United States; or
(i) Any book of registration or list of voters required by chapter 115; or
(j) Any animal considered livestock as that term is defined in section 144.010; or
(k) Live fish raised for commercial sale with a value of seventy-five dollars; or
(l) Captive wildlife held under permit issued by the conservation commission; or
(m) Any controlled substance as defined by section 195.010; or
(n) Anhydrous ammonia;
(o) Ammonium nitrate; or
(p) Any document of historical significance which has fair market value of five hundred dollars or more.
4. Notwithstanding any other provision of law, stealing of any animal considered livestock, as that term is defined in section 144.010, is a class B felony.
5. If an actor appropriates any material with a value less than five hundred dollars in violation of this section with the intent to use such material to manufacture, compound, produce, prepare, test or analyze amphetamine or methamphetamine or any of their analogues, then such violation is a class C felony. The theft of any amount of anhydrous ammonia or liquid nitrogen, or any attempt to steal any amount of anhydrous ammonia or liquid nitrogen, is a class B felony. The theft of any amount of anhydrous ammonia by appropriation of a tank truck, tank trailer, rail tank car, bulk storage tank, field (nurse) tank or field applicator is a class A felony.
[5.] 6. The theft of any item of property or services pursuant to subsection 3 of this section which exceeds five hundred dollars may be considered a separate felony and may be charged in separate counts.
[6.] 7. Any person with a prior conviction of paragraph (j) or (l) of subdivision (3) of subsection 3 of this section and who violates the provisions of paragraph (j) or (l) of subdivision (3) of subsection 3 of this section when the value of the animal or animals stolen exceeds three thousand dollars is guilty of a class B felony. Notwithstanding any provision of law to the contrary, such person shall serve a minimum prison term of not less than eighty percent of his or her sentence before he or she is eligible for probation, parole, conditional release, or other early release by the department of corrections.
[7.] 8. Any offense in which the value of property or services is an element is a class B felony if the value of the property or services equals or exceeds twenty-five thousand dollars.
[8.] 9. Any violation of this section for which no other penalty is specified in this section is a class A misdemeanor.
578.009. 1. A person is guilty of animal neglect [when] if he has custody or ownership or both of an animal and fails to provide adequate care [or adequate control, which results in substantial harm to the animal]. As used in this section, the term “custody” shall only apply to an agent or employee of the owner who is in possession of the animal.
2. A person is guilty of abandonment [when] if he has knowingly abandoned an animal in any place without making provisions for its adequate care.
3. Animal neglect and abandonment is a class C misdemeanor upon first conviction and for each offense, punishable by imprisonment or a fine not to exceed five hundred dollars, or both, and a class B misdemeanor punishable by imprisonment or a fine not to exceed one thousand dollars, or both upon the second and all subsequent convictions. All fines and penalties for a first conviction of animal neglect or abandonment may be waived by the court provided that the person found guilty of animal neglect or abandonment shows that adequate, permanent remedies for the neglect or abandonment have been made. Reasonable costs incurred for the care and maintenance of neglected or abandoned animals may not be waived. This section shall not apply to the provisions of section 578.007 or sections 272.010 to 272.370.
4. In addition to any other penalty imposed by this section, the court may order a person found guilty of animal neglect or abandonment to pay all reasonable costs and expenses necessary for:
(1) The care and maintenance of neglected or abandoned animals within the person's custody or ownership;
(2) The disposal of any dead or diseased animals within the person's custody or ownership;
(3) The reduction of resulting organic debris affecting the immediate area of the neglect or abandonment; and
(4) The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals.
578.011. 1. A person is guilty of animal trespass if a person having ownership or custody of an animal knowingly fails to provide adequate control for a period equal to or exceeding twelve hours. As used in this section, the term “custody” shall apply only to an agent or employee of the owner who is in possession of the animal.
2. Animal trespass is an infraction upon first conviction and for each offense punishable by a fine not to exceed two hundred dollars, and a class C misdemeanor punishable by imprisonment or a fine not to exceed five hundred dollars, or both, upon the second and all subsequent convictions. All fines for a first conviction of trespass may be waived by the court provided that the person found guilty of animal trespass shows that adequate, permanent remedies for trespass have been made. Reasonable costs incurred for the care and maintenance of trespassing animals may not be waived. This section shall not apply to the provisions of section 578.007 or sections 272.010 to 272.370.
578.012. 1. A person is guilty of animal abuse [when] if a person:
(1) Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of sections 578.005 to 578.023 and 273.030;
(2) Purposely or intentionally causes injury or suffering to an animal; or
(3) Having ownership or custody of an animal knowingly fails to provide adequate care [or adequate control] which results in substantial harm to the animal. As used in this section, the term “custody” shall apply only to an agent or employee of the owner who is in possession of the animal. As used in this section, the term “substantial harm” shall mean a significant risk of fatal consequences or material injury or suffering.
2. Animal abuse is a class A misdemeanor, unless the defendant has previously [plead] pled guilty to or has been found guilty of animal abuse or the suffering involved in subdivision (2) of subsection 1 of this section is the result of torture or mutilation, or both, consciously inflicted while the animal was alive, in which case it is a class D felony.
Section 1. 1. Any regulations promulgated by the department of agriculture relating to trichomoniasis must include that a thorough epidemiological investigation be conducted, including but not limited to, interviewing neighboring herd owners.
2. Producers may send any trichomoniasis samples to any testing laboratory accredited by the American Association of Veterinary Laboratory Diagnosticians or National Animal Health Laboratory Network for analysis.
3. Any cattle initially testing positive for trichomoniasis may be retested within ten days of the initial test. If the producer does not retest the animal within ten days of the initial test, the animal shall be considered trichomoniasis positive. If the retest is positive for trichomoniasis, the animal shall be considered trichomoniasis positive. If the retest is negative, the producer must conduct a third trichomoniasis test on the animal. If the third test is negative, the animal shall be considered trichomoniasis negative.
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