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Old May 16th 2011, 07:48 PM   #1
  Apr 2009
Please call Missouri Governor Jay Nixon! Pass the Bill SB356!

This is very instrumental in passing the tax exempt for Captive animals in Missouri! Help Rusty Carroll and all Deer Breeders by getting them Tax Exempt for Feed!


124 East High Street

P.O. Box 1483

Jefferson City, MO 65102





FROM: Kyna Iman

DATE: May 16, 2011

RE: End of Session Report

The 2011 State Legislative Session ended on Friday, May 13, at 6:00 p.m. The legislative session in which lawmakers started talking about jobs and ended talking about jobs but did nothing substantial about jobs in the five months in between pretty much sums up the debate this session.

Legislation to overhaul the state’s economic development programs and add dollars in incentives for a foreign air freight hub in St. Louis failed. Other priorities identified by leadership – such as making Missouri a “right to work” state, replacing the state income tax with a higher sales tax, and abolishing teacher tenure – were all failures.

The Legislature did pass a $23 billion budget. However, because of needed changes to the foundation formula that were not reached, there is less money on K-12 education than lawmakers have been promising. It also makes a 4.7% cut to higher education funding.

Legislators filed 1,625 bills and resolutions this year, which is down considerably from the 1,951 measures introduced last year. Only 149 measures were Truly Agreed and Finally Passed this year, a success rate of about 9%, which is about average.

Several of the measures that did make it to the Governor’s desk include: the phase out of the corporate franchise tax, the FRA (Federal Reimbursement Act) for hospital taxes, the modification for Proposition B-the Puppy Mill “fix”, and a proposed constitutional amendment to require photo ID when you vote.

Priorities for MWBHRA that PASSED:

Rep. Tom Loehner and Senator Dan Brown were very instrumental in final negotiations on behalf of our proposed legislation to clarify in statute the sales tax exemption for “captive wildlife”.

Rep. Casey Guernsey was also supportive by sponsoring our legislation in the House and amending it on to several agriculture bills in the House.

Other House co-sponsors that should receive recognition include: Reps. Don Wells, John Cauthorn, Rodney Schad, Lincoln Hough, Don Ruzicka, Jay Houghton, Lyle Rowland, Lyndall Fraker, Sandy Crawford, Bart Korman, Tom Shively, Paul Quinn and Steve Hodges.

The Department of Revenue said the exemption would cost the state $1.7 million to exempt the sales of the captive wildlife animals and their feed. In the end, we took the “feed” exemption out of the bill, and were able to keep the exemption on the sales of the animals.

I will continue to work with members of the MWBHRA and the Department of Revenue to identify better numbers for the exemption for feed costs.

Senate Bill 356 is now on the Governor’s desk and awaiting his signature. Please contact his office to support SB356.

You can write to: The Honorable Governor Jeremiah “Jay” Nixon, State Capitol Building, Jefferson City, MO 65101, or call: 573-751-3222, or e-mail:

The Governor has until July 14 to sign or veto the legislation. Here is a complete summary of the other agriculture issues included in Senate Bill 356. If you have any questions, please contact me at

Once again, thank you for the opportunity to represent the Missouri Whitetail Breeders and Hunting Ranch Association at the Capitol.


This bill changes the laws regarding the Joint Committee on Urban Agriculture, Puppy Protection Trust Fund, sales tax exemptions, noxious weeds, listing of livestock brands, the Commodity Merchandising Council Program, and grain dealers.


The bill renames the Joint Committee on Urban Farming to the Joint Committee on Urban Agriculture and changes the expiration date of the provisions regarding the committee from January 1, 2011, to January 1, 2013. The committee must prepare a final report with its recommendations to the Speaker of the House of Representatives, the President Pro Tem of the Senate, and the Governor by December 31, 2012.


Beginning January 1, 2011, the bill authorizes an individual or corporation to designate at least $1 on a Missouri individual return or at least $2 on a combined return of his or her tax refund amount to the newly created Puppy Protection Trust Fund. A taxpayer may also donate to the fund by sending a separate check with the payment of his or her taxes. The donations are to be used by the Department of Agriculture for the sole purpose of administering the Canine Cruelty Prevention Act.

SALES TAX EXEMPTIONS (Sections 144.010, 144.020, 144.030, 144.070)

The bill exempts the following items from state and local sales and use taxes:

(1) The sale of captive wildlife, which includes, but is not limited to, exotic partridges, gray partridge, northern bobwhite quail, ring-necked pheasant, captive waterfowl, captive whitetailed deer, captive elk, and captive furbearers held under a permit issued by the Department of Conservation for hunting purposes. This exemption does not apply to the sales tax on a harvested animal; and

(2) The sale of any accessories for and upgrades to farm machinery and equipment, rotary mowers used exclusively for agricultural purposes, and freight charges on any exempt item.


The bill establishes the Missouri Farmland Trust Act to allow individuals and entities to donate or otherwise convey farmland to the Department of Agriculture to preserve it as farmland and to assist beginning farmers by allowing long-term low and variable cost leases on the land making it affordable for the next generation of farmers to produce food, fiber, and fuel.

The Missouri Farmland Trust is implemented to accomplish the following objectives:

(1) Protecting and preserving Missouri’s farmland;

(2) Linking new generations of prospective farmers with present farmers; and

(3) Promoting best practices in environmental, livestock, and land stewardship.

The Missouri Farmland Trust Advisory Board is established within the department to make recommendations to the department director regarding the appropriate uses of farmland in the trust and the criteria for the selection of program participants and to review and make recommendations regarding applications to lease farmland in the trust.

The bill specifies the membership of the board and the terms of its members. The department is authorized to accept or acquire by purchase, lease, donation, or agreement any agricultural lands, easements, or real and personal property including, but not limited to, buildings, structures, improvements, equipment, or facilities subject to preservation and improvement which will be the property of the trust.

The Missouri Farmland Trust Fund is created consisting of gifts, donations, and appropriations by the General Assembly. Moneys in the fund must be used for the administration of the trust and the maintenance, operation, regulation, and improvement of the trust’s assets to promote agriculture and its general welfare. Property acquired by the department must be used exclusively for agricultural purposes and must be farmed and maintained using the best environmental, conservation, and stewardship practices as specified by the department. No beginning farmer can lease farmland in the trust for more than 20 years. Any person or entity donating to or leasing land from the department must release the state from any and all claims, actions, or demands that he or she has now or may have in the future for any injury, death, or property damage related to participation in an activity as well as any acts connected to the activity and the condition of the property where the activity occurred.

NOXIOUS WEEDS (Sections 263.190 - 263.241 and 263.450)

The bill:

(1) Specifies that “noxious weed” means any weed designated as noxious by rules established by the Director of the Department of Agriculture and requires the department to maintain a list of noxious weeds and make it available to the public;

(2) Expands the requirement of every landowner to control all noxious weeds growing on his or her land sufficiently to prevent the weeds from going to seed to include any person, association of persons, corporation, partnership, Highways and Transportation

Commission, state department, state agency, county commission, township board, school board, drainage board, governing body of an incorporated city, railroad company or other transportation company, and any person supervising state-owned lands;

(3) Prohibits the sale of any noxious weed species; and

(4) Repeals provisions designating specific plants as noxious weeds and requiring entities to control the spread of the weeds as well as the provisions regarding a county noxious weed fund.


Currently, the Director of the Department of Agriculture must publish a list of all livestock brands in a book form and send a copy of the book and any supplement to the county recorder of deeds in each county and to each licensed livestock market and slaughter plant in the state. The bill removes this requirement but requires the department director to create a list and make it available on a publicly accessible web site. The list must be updated from time to time.


The bill adds a rice grower or producer to those exempt from the provision allowing a producer or grower to individually request a refund of the fees paid to the Commodity Merchandising Council Program instead of through a commodity council.

GRAIN DEALERS (Sections 276.401, 276.416, 276.421, 276.436, 276.441, 276.446, and 411.280)

The bill:

(1) Revises the definition of “grain dealer” or “dealer” to exempt a producer or feeder of grain for livestock or poultry buying grain for his or her 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 50,000 bushels instead of the current $100,000;

(2) Requires every licensed grain dealer or applicant for a grain dealer license to maintain a minimum net worth equal to 5% of annual grain purchases. Currently, only certain dealers or applicants are required to maintain a specified minimum net worth;

(3) Requires any licensed grain dealer or applicant to have and maintain current assets at least equal to 100% of current liabilities and specifies certain requirements regarding the determination of the amount of assets and liabilities;

(4) Increases the minimum surety bond requirement for a licensed grain dealer from $20,000 to $50,000 and the maximum from $300,000 to $600,000;

(5) Changes the formula for determining the amount of surety bond required by specifying that the amount must be equal to 2% of the dealer's previous year's grain purchases, instead of between 1% and 5% of the purchases;

(6) Changes the net worth an owner of a licensed grain warehouse must have and maintain to the greater of $10,000 or the amount which results from multiplying the storage capacity of the warehouse by 25 cents per bushel instead of the current 15 cents per bushel; and

(7) Repeals the provision that allows a grain dealer who has purchased less than $400,000 of grain during the previous year to satisfy the bond requirement by filing a bond at the rate of $1,000 for every $20,000 worth of grain purchased with a minimum bond of $10,000.

The provisions regarding the Puppy Protection Trust Fund will expire December 31 six years from the effective date. The bill contains an emergency clause for the provisions regarding the Joint Committee on Urban Agriculture.
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