Summary of the Perfected Version of the Bill

HCS HB 1860 -- AGRICULTURE (Guernsey)

COMMITTEE OF ORIGIN: Committee on Agri-Business

This substitute changes the laws regarding agricultural education

in private schools, grain dealers, and agricultural crimes.

AGRICULTURAL EDUCATION IN PRIVATE SCHOOLS (Section 178.530, RSMo)

The State Board of Education within the Department of Elementary

and Secondary Education is required to develop standards for

agricultural vocational education that may be adopted by a

private school in order to qualify the school to apply to the

state chapter of the Future Farmers of America for the approval

of a local chapter. The standards must be equivalent to those

for federal vocational education, but the local chapter will not

be eligible to receive state or federal vocational education

funding and must annually reimburse the department for the cost

of oversight and maintenance of the program.

MISSOURI GRAIN DEALER LAW (Section 276.401)

The definition of “grain dealer” or “dealer” is revised as it

applies to the Missouri Grain Dealer Law to exempt a manufacturer

or processor of feed whose total grain purchases from producers

during his or her fiscal year do not exceed 50,000 bushels and

who pays for all grain purchases from producers at the time he or

she takes possession of the grain and whose resale of the 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 as

feed. Currently, a manufacturer whose total grain purchases do

not exceed $100,000 and who meets the other conditions is not

considered a grain dealer under these provisions.

AGRICULTURAL CRIMES (Sections 302.286, 537.345, 537.346, 537.351,

569.140, 575.010, 575.120, and 575.124)

The substitute changes the laws regarding agricultural crimes.

The substitute:

(1) Specifies that any person who dispenses or removes any motor

fuel from a storage container with a capacity of 10 gallons or

more at any residence, farm, or agricultural property without the

express permission of the owner will be guilty of the crime of

stealing under Section 570.030. This provision cannot prohibit

the removal of fuel for nonpayment;

(2) Defines “trespasser” as it applies to agricultural crimes as

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 with signs or purple markings in accordance with

Sections 569.140 and 569.145;

(3) Specifies that a possessor of real property owes no duty of

care to a trespasser, except to refrain from harming the

trespasser by an intentional, willful, or wanton act and may use

justifiable force to repel a criminal trespasser. A possessor of

real property may be subject to liability for physical injury or

death to a trespasser in specified situations, including if the

trespasser is a child who is harmed by a dangerous artificial

condition on the land, the possessor knew or should have known

that trespassers consistently intrude upon a limited area of the

land where the trespasser was harmed by a dangerous artificial

condition on the land, or 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;

(4) Changes the crime of trespass in the first degree from a

class B misdemeanor to a class A misdemeanor;

(5) Changes the crime of false impersonation from a class B

misdemeanor to a class A misdemeanor and if impersonating a law

enforcement officer from a class A misdemeanor to a class C

felony; and

(6) Prohibits any person from attempting 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. Any person who violates this provision

will be guilty of a class B misdemeanor and any second or

subsequent violation will be a class A misdemeanor.

AGRICULTURAL PRODUCTION FACILITY FRAUD (Section 578.660)

A person commits the crime of agricultural production facility

fraud if he or she willfully obtains access to an agricultural

production facility by false pretenses or knowingly makes a false

statement or misrepresentation as part of an application for

employment at an agricultural production facility with the intent

to commit an act not authorized by the owner.  

A person who commits the crime is guilty of a class B misdemeanor

and any subsequent violation is a class A misdemeanor. Anyone

who aids, abets, acts in concert, or otherwise participates,

directly or indirectly, in the commission of the crime is guilty

of the crime. Anyone who conspires to commit the crime is

subject to the provisions of law regarding conspiracy.

AGRICULTURAL PRODUCTION FACILITY INTERFERENCE (Section 578.672)

A person commits the crime of agricultural production facility

interference if he or she, without the consent of the facility

owner, willfully produces a record of an image or sound occurring

at the operation; possesses or distributes a record of an image

or sound produced at the operation; exercises control over the

operation with the intent to deprive the facility of an animal,

crop, or property; or enters onto or remains on the facility

property if he or she has notice that it is not open to the

public.

A person who commits the crime is guilty of a class A misdemeanor

and any subsequent violation is a class D felony. Anyone who

pleads guilty to or is found guilty of the crime is liable for

restitution for any damages caused while committing the crime.

FISCAL NOTE: No impact on state funds in FY 2013, FY 2014, and

FY 2015.

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