Missouri Statute | Act | Code |Agriculture And Animals| US Code - US Statute | Chapter 262 Promotion Of Agriculture And Horticulture

"The Missouri State Horticultural Society" is hereby instituted
and created a body corporate, to be named and styled as above, and shall
have perpetual succession, power to sue and be sued, complain and defend
in all courts, and to make and use a common seal and alter the same at
pleasure. (RSMo 1939 § 14032)

Prior revisions: 1929 § 12365; 1919 § 11953; 1909 § 614

*The state horticultural society was transferred to the department of
agriculture, by type I transfer, by the Reorganization Act of 1974.

CROSS REFERENCES: Apple merchandising fund, society to authorize director
of the department of agriculture to expend, how, RSMo 265.200 Hawthorn
blossom, state floral emblem, cultivation to be encouraged, RSMo 10.030

1. The Missouri state horticultural society shall be composed of
such persons as take an interest in the advancement of horticulture in
this state who shall apply for membership and pay into the society
treasury the sum of one dollar per year, or ten dollars for a life
membership, the basis for organization to be the Missouri state
horticultural society, as now known and existing, and whose expenses have
been borne and annual reports paid for by appropriations from the state
treasury.

2. The business of the society, so far as it relates to transactions with
the state, shall be conducted by an executive board to be composed of the
president, vice president, second vice president, secretary and
treasurer, who shall be elected by ballot at an annual meeting of the
society; the governor of the state shall be ex officio a member of the
board; all other business of the society to be conducted as its bylaws
may direct.

3. All appropriations made by the state for the aid of the society shall
be expended by means of requisitions to be made by order of the board on
the commissioner of administration, signed by the president and secretary
and attested with the seal; and the treasurer shall annually publish a
detailed statement of the expenditures of the board, covering all moneys
received by it.

4. There shall be printed annually, under the direction of the board,
such number of reports of the proceedings of the board, society and
auxiliary societies as may, in the judgment of the state purchasing
agent, be justified by the appropriation made for that purpose by the
general assembly, such annual report not to contain more than four
hundred pages.

5. The secretary of the society shall receive a salary of eight hundred
dollars per annum as full compensation for his services; all other
officers shall serve without compensation, except that they may receive
their actual expenses in attending meetings of the board. (RSMo 1939 §
14033, A. 1949 S.B. 1091)

Prior revisions: 1929 § 12366; 1919 § 11954; 1909 § 615

There is hereby created and established a "Fruit Experiment
Station" in south Missouri. (RSMo 1939 § 14052)

Prior revisions: 1929 § 12385; 1919 § 11955; 1909 § 616

*The fruit experiment station was transferred to the Southwest Missouri
State University, by type I transfer, by the Reorganization Act of 1974,
RSMo 1978.

The leading objects of said experiment station shall be to
experiment with the different kinds of fruits, to wit: Apples, peaches,
berries of all kinds, grapes and small fruits of all kinds, and to
ascertain the varieties that are the best adapted to this state, and to
study the different diseases and insects to which said fruits, berries
and grapes are subject and the remedies to prevent diseases and insects
from injuring or infesting said trees and orchards, with power to destroy
and remove any infected trees or orchards if necessary in the judgment of
the manager and inspector of said experiment station, to keep the disease
or insects or plague from scattering and infecting other trees or
orchards under rules herein set out. (RSMo 1939 § 14053)

Prior revisions: 1929 § 12386; 1919 § 11956; 1909 § 617

Said manager and inspector shall be under the control of the
board of regents of Southwest Missouri State University. (RSMo 1939 §
14055)

Prior revisions: 1929 § 12388; 1919 § 11958; 1909 § 619

*See note following § 262.030.

As soon as said experiment station is located it shall be the
duty of the board of regents of Southwest Missouri State University to
procure grounds, if not already donated, at the best advantage, either by
donation or purchase, and to erect such buildings thereon for the use of
said station; provided, however, they may lease buildings or buy them, if
already built, separate and apart from the grounds, provided the grounds
shall not be located more than one mile from said buildings. (RSMo 1939 §
14057)

Prior revisions: 1929 § 12390; 1919 § 11960; 1909 § 621

The manager and inspector under supervision of the board of
regents of Southwest Missouri State University is hereby authorized to
cause said lands to be cleared, fenced and put in a state of cultivation,
or so much thereof as shall be necessary for present uses, and shall
plant such trees, berries or vines as the manager and inspector shall
think proper as an experiment, and shall test the various varieties as to
their adaptability for the climate, the kinds of fruits and berries as to
the kind most adapted for the market and most free from disease, and may
hire and employ such force as is necessary to do and perform said work.
Neither the manager and inspector or any member of his immediate family
shall, either directly or indirectly, engage in the production of fruit
or fruit products for sale, or purchase for resale any fruit or fruit
products during his term of office. (RSMo 1939 § 14058, A.L. 1953 p. 5)

Prior revisions: 1929 § 12391; 1919 § 11961; 1909 § 622

1. It shall be the duty of the University of Missouri to promote
and encourage the poultry industry in the state of Missouri in all its
branches; to organize the poultry raisers of the state, for the purpose
of affording a systematic means for gathering useful information for the
use of the university, and to publish the same for the benefit of the
farmers and poultry raisers of the state of Missouri. It shall be their
duty to gather poultry statistics and information as to the best and most
profitable means of raising and handling poultry and publish the same in
bulletins as frequently as may be deemed expedient; hold poultry
institutes in different sections of the state, for the purpose of giving
instructions in the breeding and raising of poultry; provide for and
manage one annual state poultry exhibition at such time and place as may
be determined by the university; provide lectures for the promoting and
encouraging the poultry interests of the state.

2. They shall have general management and supervision of such
organizations of poultry breeders as may be formed under their authority,
and power to make such needful rules and regulations as will best promote
the objects of their organization; and shall make an annual report to the
general assembly of the state, embracing an abstract of the work
accomplished by the university for the next preceding year, and
accompanied by such recommendations, including especially such a system
of public instruction on this subject as may be deemed useful. (RSMo 1939
§ 14143)

Prior revisions: 1929 § 12459; 1919 § 12028; 1909 § 664

1. In order to determine and demonstrate the importance of
improved and better methods of feeding, housing, incubation, brooding,
breeding and rearing of poultry, and to bring the results of scientific
research of state and federal experiment stations within the reach of all
farmers and poultry raisers of Missouri, the state poultry board shall
establish, conduct and maintain a state poultry experiment station. The
objects and purposes of said experiment station shall be to experiment
with the different kinds of houses, incubators, brooders, and appliances,
and the different varieties of poultry, to determine which are best
adapted to the farmers and poultry raisers of Missouri, in the different
sections thereof, to make a study of different diseases to which poultry
is subject, and the remedies to prevent such diseases and to make all
other experiments and tests and do any and all other things which shall
tend to the betterment of the poultry interests of the state.

2. Said experiment station shall be located on twenty-five acres of the
land now occupied and used by the state fruit experiment station at
Mountain Grove and on land adjacent thereto or in the vicinity thereto.
After the manager or trustees of said fruit experiment station have
selected and set aside the twenty-five acres of land they desire to have
used for the state poultry experiment station, then the state poultry
board are to have absolute control of said twenty-five acres of land, the
poultry buildings, and the poultry experiments to be conducted on said
land. Experiments and demonstrations herein provided for shall be
conducted by and under the direction of the secretary of the state
poultry board, which said board shall maintain its office and
headquarters at said experiment station.

3. Said board shall employ such additional help as is needed to insure
the success of the experiment station and to make it beneficial to the
people of the state. The members of the state poultry board and the
secretary of the board shall erect such buildings and conduct such
experiments as the appropriations for that purpose will permit and which
they believe will be most practical and helpful to the farmers and
poultry raisers of Missouri.

4. Upon the request of the superintendent or steward of any state
institution, it shall be the duty of the secretary of the state poultry
board, by personal visit, bulletins and otherwise, to give information to
the persons in charge of the poultry departments of the farms, conducted
in connection with the different state institutions of this state, of
such experiments as he may have conducted and such other information
which he thinks would be to the interest of such departments. And it
shall also be the duty of all such persons as may be in charge of such
poultry departments at said institutions to make all experiments
possible, not inconsistent with their other duties, and to report the
same to said secretary of the state poultry board.

5. It shall be the duty of said secretary, so far as possible, to verify
such experiments and results and to embody such of them as he deems
advisable and of public interest in his annual reports, bulletins and
publications. The state poultry board shall print an annual report and
shall carefully digest and compile the results obtained as a result of
experiments conducted at this station and publish the same from time to
time in their reports and in bulletin form in language as free from
technicalities as possible, for free distribution to the farmers of the
state, to the public libraries, to the governor, and the members of the
general assembly, and elsewhere as the judgment of the board may direct.

6. The state poultry board may sell such surplus poultry and eggs as may
accumulate, and shall charge such prices for the same as in their
judgment is reasonable and moderate, and there is also hereby
appropriated such sums as may result from the sale of such surplus
products, the same to be used by said board in equipment or maintenance
of the poultry experiment station and to be accounted for by them in
their annual report. (RSMo 1939 § 14153)

Prior revision: 1929 § 12469

*All the powers, duties, functions and properties of the state poultry
experiment station were transferred, by type I transfer, to the
University of Missouri by the Reorganization Act of 1974. The state
poultry association and the state poultry board were abolished. The
Reorganization Act also provides that in the event the university shall
cease to use the real estate of the station for the purposes of research
or shall declare the same surplus, all real estate shall revert to the
governor of the state and shall not be disposed of without legislative
approval. See Appendix B, RSMo 1978 and section 173.005, RSMo 1986.

Unless the language or context clearly indicates a different
meaning is intended, as used in sections 262.215 to 262.280, the
following terms mean:

(1) "Commission", the state fair commission established by sections
262.215 to 262.280;

(2) "Commissioner", a member of the state fair commission;

(3) "Director", before January 1, 1996, the director of the department of
agriculture; after January 1, 1996, the director of the Missouri state
fair appointed by the state fair commission. (L. 1994 S.B. 692)

Effective September 1, 1995, there is created a "State Fair
Commission" whose domicile for the purposes of sections 262.215 to
262.280 shall be the department of agriculture of this state. The
commission shall consist of nine members, two of whom shall be active
farmers, two of whom shall be either current members or past presidents
of county or regional fair boards, one of whom shall be the director of
the department of agriculture, one of whom shall be employed in
agribusiness, and three at-large members who shall be Missouri residents.
The director of the department of agriculture shall be the chairman of
the commission until January 31, 1997, and shall not be counted against
membership from a congressional district, at which time the chairman
shall be elected from among the members of the commission by the
commission members. Such officer shall serve for a term of two years.
Commissioners shall be reimbursed for their actual and necessary expenses
incurred when attending meetings of the commission, to be paid from
appropriations made therefor. Commissioners shall be appointed by the
governor, with the advice and consent of the senate. The county fair
association in the state may submit to the governor a list of nominees
for appointment, three from each congressional district, for those
commission members who are required to be current members or past
presidents of county fair boards. Not more than four commissioners
excluding the director of agriculture shall be members of the same
political party. Each commissioner shall be a resident of the state for
five years prior to his appointment. The eight initial commissioners
shall be appointed as follows: two shall be appointed for terms of one
year, two for terms of two years, two for terms of three years and two
for terms of four years. Their successors shall be appointed for terms of
four years. A commissioner shall continue to serve until his successor is
appointed and qualified. Whenever any vacancy occurs on the commission,
the governor shall fill the vacancy by appointment for the remainder of
the term of the commissioner who was replaced. There shall be no more
than two commission members from any congressional district. (L. 1994
S.B. 692, A.L. 1995 S.B. 437)

1. After January 1, 1996, the commission shall appoint a
director of the Missouri state fair who shall, at that time, assume from
the director of the department of agriculture the responsibility for
administration of the state fair. The director shall receive an annual
salary as established by the commission, subject to appropriations, to be
paid in the same manner as other state employees. The director shall
serve at the pleasure of the commission. The director may reside on the
grounds of the Missouri state fair, and housing and utilities may be
provided by the commission out of funds appropriated for that purpose.

2. Within the limits of appropriations made for that purpose, necessary
administrative and maintenance staff may be employed by the director for
the care and maintenance of the state fair grounds. (L. 1994 S.B. 692)

1. For the purpose of encouraging the development of the
agricultural, horticultural, mechanical, mineral, livestock production
and all other industrial interests of the state of Missouri, there is
hereby established a state fair, to be held annually at Sedalia,
Missouri, and on the state fairgrounds heretofore conveyed by deeds of
conveyance to the state of Missouri and hereafter to be acquired by the
state of Missouri as herein provided; and the fair shall be under the
control and management of the state fair commission. The commission may
lease or purchase such lands, suitable for the use of the state fair, as
may be deemed by the commission necessary and proper for such purposes
and subject to legislative approval.

2. The purchase of lands by the commission shall be on behalf of the
state of Missouri at such terms as the commission may deem fair and
reasonable, and a deed or deeds shall be taken therefor to the state of
Missouri. (RSMo 1939 § 14154, A.L. 1994 S.B. 692)

Prior revisions: 1929 § 12470; 1919 § 12039; 1909 § 671

The commission, at such time as may be determined by it, shall
hold, annually, a fair upon the state fairgrounds above designated; and
at these fairs all important products of the state shall be recognized,
according to merit, by premiums or rewards, for excellence offered by the
commission, out of a fund provided therefor by the legislature of the
state, or from funds that may be otherwise provided. The commission may
require parties receiving awards for excellence or merit to provide a
complete history of how the exhibit was produced, and all other
information concerning the entry that would be of interest or benefit to
the general public; and provided further, that should the state fail for
three consecutive years to hold a fair, the land thus used for state fair
purposes shall revert to the parties donating it. (RSMo 1939 § 14155,
A.L. 1994 S.B. 692)

Prior revisions: 1929 § 12475; 1919 § 12044; 1909 § 676

At least three months before the holding of any annual fair the
director, at the direction of the commission, shall prepare a catalogue
and list of premiums offered. He shall print the same in proper form,
with the rules and regulations governing entries, exhibits and the
payment of premiums; and he shall, at least three months before the
opening of the fair, cause as many copies of the catalogue as the
commission directs to be distributed throughout the state, and he shall
send a copy to any person making request therefor. (RSMo 1939 § 14156,
A.L. 1994 S.B. 692)

Prior revisions: 1929 § 12476; 1919 § 12045; 1909 § 677

The commission may charge a fee on any entry to be paid at the
time of entry. All animals and articles must be entered in their proper
classes and no other. The director shall determine all questions of
classification. In addition to any exemption in chapter 144, RSMo, no
sales taxes shall be levied and collected on any entry fee or charge
authorized in this section. (RSMo 1939 § 14157, A.L. 1994 S.B. 692)

Prior revisions: 1929 § 12477; 1919 § 12046; 1909 § 678

1. The commission shall establish admission fees to be charged
at the gates of the fairgrounds. The admission fees, revenues from the
sale of privileges and revenues as a result of pari-mutuel wagering shall
be payable to and collected by the department of agriculture and
transmitted to the state director of revenue who shall deposit the same
to the credit of the "State Fair Fee Fund" which is hereby created in the
state treasury. Such fund may also receive gifts, grants, contributions,
appropriations and funds or benefits from any other source or sources.
The money in the state fair fee fund may be used in improving and
beautifying the grounds, paying premiums and defraying expenses of the
state fair, including officers' salaries, the hire of assistants, expense
and equipment, capital improvements and maintenance and repair.

2. The unexpended balance in the state fair fee fund at the end of each
fiscal year shall not be transferred to the general revenue fund of the
state, and the provisions of section 33.080, RSMo, relating to the
transfer of funds to the general revenue fund of the state by the state
treasurer shall not apply to the state fair fee fund.

3. Any portion of the fund not immediately needed for the purposes
authorized shall be invested by the state treasurer as provided by the
constitution and laws of this state. All income from such investments
shall be deposited in the state fair fee fund. (RSMo 1939 § 14158, A.L.
1947 V. I p. 19, A.L. 1967 p. 370, A.L. 1977 S.B. 431, A.L. 1983 H.B.
729, A.L. 1986 S.B. 572 merged with S.B. 580, A.L. 1992 S.B. 602, A.L.
1994 S.B. 692, A.L. 1997 S.B. 216, A.L. 2000 S.B. 540)

Prior revisions: 1929 § 12478; 1919 § 12047; 1909 § 679

1. A special trust fund, to be known as the "State Fair Trust
Fund", is established in the state treasury. All moneys received by the
state from gifts, grants, legacies or devises for the purpose of
providing premiums or prizes to winners of competition at the Missouri
state fair in Sedalia, Missouri, shall be deposited in the state treasury
to the credit of the trust fund. Moneys in the fund may be appropriated
and may be disbursed, on warrants drawn by the director and approved by
the commission, only for the purpose for which the moneys were received
and for no other purpose. Any balance remaining in the fund at the end of
the biennium shall not be transferred and placed to the credit of the
general revenue of the state, but instead shall remain in the fund until
appropriated and expended, or transferred in the manner authorized by the
provisions of this section.

2. Moneys in the state fair trust fund not needed currently for the
purposes designated in subsection 1 of this section may be invested by
the state treasurer in the manner that other moneys of the state are
authorized by law to be invested. All interest, income and returns from
moneys of the trust fund shall be deposited in the state treasury to the
credit of the trust fund. (L. 1979 H.B. 792 § 1, A.L. 1994 S.B. 692)

CROSS REFERENCE: State fair trust fund abolished subject to exemption,
RSMo 33.571

Those portions of a pari-mutuel wagering pool which are
allocated by law or rule of the commission for purse money or for
distribution to holders of winning tickets shall not represent revenue
collected and moneys received by the state if the organization licensed
to conduct pari-mutuel wagering under section 313.580, RSMo, is a state
agency. Such state agency licensee may pay purse money or holders of
winning tickets in any manner consistent with rules promulgated by the
commission. (L. 1986 S.B. 572)

Effective 5-6-86

1. The director shall make and, after its creation, the
commission shall approve all rules, regulations and bylaws necessary and
suitable for the conduct and control of the exhibitions, the sale of
privileges, and for the proper control, operation and conduct of the fair
not inconsistent with the law relevant to the operation of the state fair
or with the constitution and laws of this state. All contracts granted
after January 1, 1996, in relation to the state fair and state
fairgrounds shall be approved by the commission and shall not be valid
until approved. The director may employ necessary personnel for the
proper management of the fair, and may rent or enter into long-term
leases for a period not to exceed fifteen years with a right of renewal
on consent of all parties or donate the use of any portion of the grounds
and buildings for such purposes as he deems proper, section 37.005, RSMo,
or any other law to the contrary notwithstanding, and the grounds may be
used, free of charge, by the state for encampment grounds for the state
troops under the direction of the adjutant general of Missouri; except
that in no event shall the rental or donation of the use of the grounds
be allowed to interfere with the preparation for or the holding of the
Missouri state fair. He shall not, directly or indirectly, permit any
gambling devices of whatever nature other than for licensed pari-mutuel
wagering conducted under the direction of the Missouri horse racing
commission to be operated on the grounds, nor permit any intoxicating
liquors, wine or beer to be sold thereon except in a facility operated as
a part of and in conjunction with a restaurant facility operated in
conjunction with and as a part of the facilities used for the conducting
of horse racing and pari-mutuel wagering or except as provided in section
311.487, RSMo.

2. The director with the approval of the commission may appoint and
employ as many special policemen as are needed to maintain order or
prevent breaches of the peace on and about the grounds whereon the fair
is held. Before entering upon the discharge of his office, each special
policeman shall take and subscribe an oath of office to faithfully and
impartially discharge the duties thereof before an associate circuit
judge or other official empowered to administer oaths in the county
wherein the fair is held; and the officer shall give to such special
policeman a certificate of his appointment and qualification, which shall
clothe him with the same power to maintain order, preserve the peace and
make arrests as is now held by a peace officer. In addition, any such
special policeman may arrest and expel from the grounds persons violating
the rules, regulations and bylaws of the Missouri state fair, under order
of the director or his duly authorized representative.

3. The commission may request assistance from any state agency and may
reimburse the contributing agency for the expense of cooperation involved
from state fair fund. (RSMo 1939 § 14159, A. 1949 S.B. 1091, A.L. 1967 p.
370, A.L. 1986 S.B. 572, A.L. 1987 S.B. 384, A.L. 1993 S.B. 76, A.L. 1994
S.B. 692)

Prior revisions: 1929 § 12480; 1919 § 12049; 1909 § 681

The county commission of any county in this state may, in its
discretion, appropriate such sums of money as it may deem necessary or
proper for an exhibit of the resources and products of the county at the
Missouri state fair out of any funds not otherwise appropriated, and the
county commission may appoint some suitable person to look after said
exhibit for such county. (RSMo 1939 § 14160)

Prior revisions: 1929 § 12483; 1919 § 12052; 1909 § 684

Whenever fifty or more registered voters of this state shall
present a petition to the county commission of the county in which they
or a majority of them reside, stating therein that they desire to
organize and be incorporated for the purpose of promoting improvements in
agriculture, manufacture and the raising of stock, and setting forth in
such petition the name and location to be adopted by the proposed
incorporation, the name to be "The (name of county) Agricultural and
Mechanical Society of (name of town or city where the office of said
society is to be located)", and the county commission shall be satisfied
that such persons are registered voters of this state, the county
commission shall, by order, declare the petitioners incorporated for the
purpose specified in this section, and thenceforth the petitioners shall
be a body politic and corporate by the name and style adopted, and by
that name they and their successors shall be known in law, have perpetual
succession, sue and be sued, plead and be impleaded, defend and be
defended, in all courts and in all actions, pleas and matters whatsoever,
shall have the authority to borrow money, and shall have power to
purchase, hold, lease, rent, mortgage, and receive any quantity of land
with such buildings and improvements as may be placed thereon, and any
other property and may, by vote, determine that thereafter the members of
such society shall be composed of such persons as shall subscribe at
least one share of the capital stock thereof, in shares not exceeding
five hundred dollars each, said shares to be personal property and
transferable by agreement; but no transfer shall be binding on the
society until reported in writing and approved by the board of directors.
The amount of such capital stock shall, from time to time, be fixed by
the stockholders or board of directors, provided the same shall at no
time exceed two million dollars, and the board of directors may convey,
lease, sell and dispose of the property of the society, or any part
thereof, for the benefit of the society and have a common seal, and break
and alter the same at pleasure. (RSMo 1939 § 14161, A.L. 1988 S.B. 811,
A.L. 1990 H.B. 1070, A.L. 1992 H.B. 1595, A.L. 1993 H.B. 566, A.L. 1994
S.B. 692, A.L. 2003 S.B. 611)

Prior revisions: 1929 § 12484; 1919 § 12053; 1909 § 685

1. Within thirty days from the date of the order of the county
commission, as set out in section 262.290, any number of the petitioners
exceeding twenty may proceed to organize such society by electing not
less than nine or more than thirteen directors, who shall hold their
offices one year and until their successors are elected; and the
directors, when so elected, shall collectively form a board for the
government of such society, and in such board shall be vested all the
corporate powers and duties of every society incorporated as provided in
sections 262.290 to 262.540*; and for the purpose of electing the
directors there shall be held annually, on the second Tuesday in
December, or such other date as may be provided in the bylaws of the
society, a general meeting of the members of the society.

2. All vacancies in the board of directors shall be filled by appointment
of the board. No person not a member of the society shall be a director.
In all elections by the stockholders each share shall entitle the holder
thereof to one vote, and said shares shall be voted as now provided by
law for elections in business and manufacturing corporations. (RSMo 1939
§ 14162, A.L. 1994 S.B. 692)

Prior revisions: 1929 § 12485; 1919 § 12054; 1909 § 686

*Section 262.540 was repealed by S.B. 60, 1977.

Every board of directors shall assemble within twenty days after
their election and choose a president and vice president of their number,
and a secretary, treasurer and such other officers, servants and agents
as may be necessary, remove them from their office and prescribe their
duties; and all proceedings of the board shall be public. (RSMo 1939 §
14163)

Prior revisions: 1929 § 12486; 1919 § 12055; 1909 § 687

It shall be the duty of the president to preside at all meetings
of the board and of the society, and, in case of his absence, the vice
president, and in case of his absence, such other person as the members
shall appoint; and it shall be the duty of the secretary to keep a record
of the proceedings of the directors and of the society; and the treasurer
shall give bond and security, to the acceptance of the board of
directors, for the benefit of the society, in such sum as they, or a
majority of them, shall determine, conditioned that he will faithfully
receive and pay over, on their order, all moneys or other articles, the
property of the society, that may come into his hands as treasurer, which
bond shall be deposited with the secretary of the board of directors, and
the said treasurer shall keep fair and accurate accounts of all moneys
and other articles by him received as treasurer, and from whom received,
and to whom and for what purpose paid out, and make report of the
financial operations of his office as often as may be directed by the
board of directors. (RSMo 1939 § 14164)

Prior revisions: 1929 § 12487; 1919 § 12056; 1909 § 688

The said board, a majority of whom shall form a quorum, shall
have power to make, ordain and adopt a constitution and all necessary
bylaws, ordinances, rules and regulations for the government of the board
of directors and of the society, and for the promotion of the objects for
which it is designed; such constitution, rules, bylaws, ordinances and
regulations of the society and of the board of directors shall be printed
and circulated among the members of the society within six months after
their adoption; and the president of the board shall cause the same to be
carried into effect; provided, such constitution, bylaws, ordinances,
rules and regulations shall not be inconsistent with the constitution and
laws of this state. (RSMo 1939 § 14165)

Prior revisions: 1929 § 12488; 1919 § 12057; 1909 § 689

All moneys paid by members and others, and donations made to the
society, shall be appropriated under the direction of said board, in
conformity to such constitution, bylaws, rules and regulations as may be
ordained and established for the government of the society and for the
advancement and encouragement of the objects of the society. (RSMo 1939 §
14166)

Prior revisions: 1929 § 12489; 1919 § 12058; 1909 § 690

The county commission of any county may, if it be deemed
expedient, appropriate out of the county treasury for the benefit of any
society regularly organized as a county agricultural and mechanical
society, county fair, county corn growers' association, county poultry
association, county stock growers' association or any other organization
or incorporated society having for its object the holding of county fairs
or the advancement of agriculture or its allied industries, a sum not
exceeding three hundred dollars in any one year. The money so
appropriated shall be drawn by the treasurer of the society on proper
warrant; provided said money shall be awarded by the board of directors
or other proper officials in premiums or expended by them in the purchase
of premiums, to be known as "The .......... County Commission Premiums"
to be awarded according to the rules, regulations and bylaws of the
society; provided further, that in all counties in this state of the
first class, and all counties of the second class the county commission
of such county may, if it be deemed expedient, appropriate out of the
surplus remaining in the county treasury, for the benefit of any such
society, a sum not exceeding ten thousand dollars to be used as in this
section above set out, or in any other manner that said board of
directors may deem best. (RSMo 1939 § 14167, A.L. 1943 p. 318, A.L. 1945
p. 99, A.L. 1963 p. 400)

Prior revisions: 1929 § 12490; 1919 § 12059; 1909 § 691

At each annual meeting of the society, which shall be held on
the second Tuesday of December or such other date as may be provided in
the bylaws of the society, the board of directors shall report in writing
the number of members and the financial condition of their society, the
quantity and character of property owned by it, and the quality and cost
of improvements of the same; the number and value of premiums awarded at
their annual fair; the number and character of animals and articles
exhibited; a statement of the probable quantity of the staple commodities
of the county, and prices current thereof, and such other information in
relation to the agricultural and mechanical interests of the county as
they may deem worthy of general notice; and a copy of the report so made
shall be transmitted to the director of the department of agriculture, to
be disposed of as provided in section 262.370. (RSMo 1939 § 14168, A.L.
1994 S.B. 692)

Prior revisions: 1929 § 12491; 1919 § 12060; 1909 § 692

The director of agriculture shall, at each session of the
general assembly of the state of Missouri, report faithfully all the
facts, statistics and information contained in the reports transmitted to
him from the county agricultural and mechanical societies organized and
incorporated under the provisions of sections 262.290 to 262.540, and
such other facts, statistics and information as he may gather from other
counties in this state in regard to agriculture, mechanical and domestic
manufactures and productions, and to the raising of the various breeds of
stock. (RSMo 1939 § 14169)

Prior revisions: 1929 § 12492; 1919 § 12061; 1909 § 693

The land and other property which may be held by any society
under the provisions of sections 262.290 to 262.540 shall be held by the
society for the sole purpose, and none other whatsoever, of erecting
enclosures, buildings, and other improvements calculated and designed for
meetings of the society, and for exhibitions of various breeds of horses,
cattle, mules and other stock, and of agricultural, mechanical and
domestic manufactures and productions, and for the purchase and
importation, breeding and the keeping thereof of such foreign breeds of
stock as the board of directors may deem advantageous to the interest of
the county, and for the breeding, raising, purchasing and selling of all
classes of purebred stock. (RSMo 1939 § 14170)

Prior revisions: 1929 § 12493; 1919 § 12062; 1909 § 694

The members of any society organized under the provisions of
sections 262.290 to 262.540 shall be composed of such persons, and none
others, as shall have subscribed their names as such in the books in
which the proceedings of the society and of the board of directors are or
shall be recorded, and shall have paid annually to the treasurer of the
society such sum, not exceeding one hundred and fifty dollars per share
of stock in any one year, as may be established by the rules, bylaws and
regulations of the society as a membership fee, and such persons shall be
members only for the year for which they shall have paid such fee; or, if
the bylaws, rules, and regulations of the society allow, a member may
volunteer his time to the society in lieu of paying all or part of the
fee established under this section. Any person or stockholder not paying
the regular annual membership fee adopted by the board shall forfeit to
the society all stock and all previous payments, whether for stock or
membership. (RSMo 1939 § 14171, A.L. 1992 H.B. 1595)

Prior revisions: 1929 § 12494; 1919 § 12063; 1909 § 695

A duly authenticated copy of the order of the county commission,
provided for in section 262.290, shall be filed and recorded in such
manner as conveyances of land are by law directed to be recorded in the
office of the recorder of deeds of such county within three months after
such order shall be made. No society organized by virtue of sections
262.290 to 262.540 shall be authorized to do business as such society
until such duly authenticated copy shall have been filed and recorded in
the manner herein set out. (RSMo 1939 § 14172)

Prior revisions: 1929 § 12495; 1919 § 12064; 1909 § 696

Whenever a majority of two-thirds of the members of any society
organized under the provisions of sections 262.290 to 262.540 shall, at
an annual meeting, declare such society dissolved, or if from any other
cause said society shall be dissolved or fail to meet and pursue the
objects of the society for the period of five consecutive years, then the
real estate and all the other property held by it shall be sold for cash
in hand, at public auction, before the courthouse door of the county,
after thirty days' notice given in some newspaper published in the
county, if there be one, and, if not, by ten printed advertisements set
up in ten public places in the county, describing the property to be
sold, and the time, place and terms of sale. Such sale shall be conducted
by the directors, or a majority of them, chosen and elected as provided
by sections 262.290 to 262.540, and the proceeds of such sales shall,
after payment of all expenses, be divided among the members of such
society in proportion to stock held. (RSMo 1939 § 14173)

Prior revisions: 1929 § 12496; 1919 § 12065; 1909 § 697

1. It shall be lawful for any five or more societies organized
under and by virtue of sections 262.290 to 262.540 in the state of
Missouri to unite for the purpose of forming a circuit whenever a
majority of the board of directors of each of such societies decide to do
so. Such circuit and the affairs thereof shall be governed by the several
societies therein. The director of agriculture may become one of such
members for and on behalf of the Missouri state fair.

2. For the purpose of organizing such a circuit, the president and
secretary, or any two members of the board of directors of any five or
more societies organized under sections 262.290 to 262.540, including the
director of agriculture, may voluntarily meet and perfect the
organization of a circuit by adopting a name and electing one of their
members as president and another as secretary and another as treasurer of
such circuit, and the payment of a membership fee of not less than fifty
dollars from each society composing such circuit, including said state
fair.

3. After the completion of such organization, a statement of the
proceedings shall be signed by all the representatives present, setting
forth in such statement that such meeting was held by virtue of this
section for the purpose of forming a circuit and stating therein the
names of the officers selected and their places of residence, as well
also as the name and location of the societies forming said circuit, and
the number of years, not exceeding ten, that said circuit shall continue.
Which statement shall within thirty days be filed with the director of
agriculture, and said circuit shall thereafter for the time specified in
said statement be authorized to receive and disburse any appropriations
made to or for the benefit of such circuit by the state of Missouri
through said department of agriculture; provided, that any such societies
and the said director of agriculture on behalf of the state fair may
become members of more than one such circuit. (RSMo 1939 § 14175)

Prior revisions: 1929 § 12498; 1919 § 12067; 1909 § 699

Any appropriations made to or for the benefit of any such
circuit by the general assembly shall be made through the Missouri state
department of agriculture and specified in the biennial appropriations to
said state department to be for such purpose, and when so made shall be
by the director of agriculture paid to the treasurer of said circuit in
equal annual installments, and when so paid shall be by said circuit used
in such manner as may by said circuit be deemed best for the promotion of
the agricultural interests and the general interest in raising and
breeding stock of all classes in the state of Missouri; provided, that
such appropriations shall be used only in payment for advertising,
printing of catalogues, payments of premiums or purses for the general
benefit of the whole circuit, or divided equally between the members of
such circuit and disbursed in same manner for the benefit of such member.
(RSMo 1939 § 14176)

Prior revisions: 1929 § 12499; 1919 § 12068; 1909 § 700

1. The director of agriculture, for the purpose of fostering and
developing agriculture within the state of Missouri, is hereby authorized
to pay to nonprofit county and district fairs and to regularly organized
or incorporated nonprofit agricultural societies having as their object
the holding of shows, exhibitions or fairs for the advancement of
agriculture in Missouri a percentage of certain premiums actually paid by
such county, district or agricultural society, shows or fairs as provided
by law.

2. District fairs are hereby defined as fairs covering more than one
county yet not large enough to be considered statewide in purpose and
territory.

3. The total of such state aid to be paid by the director of the
department of agriculture shall not exceed the appropriation made to the
department of agriculture by the general assembly for such use and
purpose. (RSMo 1939 § 14177, A.L. 1947 V. I p. 21)

Prior revisions: 1929 § 12500; 1919 § 12069

1. The director of the department of agriculture may pay to
nonprofit county and district fairs and to regularly organized or
incorporated nonprofit agricultural societies having as their object the
holding of shows, exhibitions or fairs for the advancement of agriculture
in Missouri as partial reimbursement of premiums paid a percentage not to
exceed fifty percent of premiums actually paid by the organizations on
approved classes as enumerated in this section. Money received as entry
fees and deductions from premiums shall not be considered as premiums
paid by the organization and the total amount paid as state aid on the
premiums to shows or fairs in any one county shall not exceed thirty-five
thousand dollars in any one year, if funds are available. These payments
are to be prorated to all participating fairs on a percentage basis of
premiums paid on standard classifications approved by the director of the
department of agriculture.

2. The director of the department of agriculture shall grant such state
aid only on premiums paid on approved classes of:

(1) Cattle, swine, sheep, goats, farm work stock, including mules shown
to halter or farm vehicles, jack stock and light horses to halter;

(2) Poultry, eggs, rabbits and dairy products;

(3) Field, garden and horticultural products;

(4) Home economic products;

(5) 4-H and vocational agriculture projects including F.F.A.;

(6) Exhibits by educational institutions.

3. Counties, municipalities, or other political subdivisions may be
eligible for matched assistance of not to exceed two thousand five
hundred dollars annually to any one such subdivision, for the purpose of
new constructions, remodeling, maintaining, repairing, or otherwise
making fair buildings more suitable for fair purposes, upon compliance
with the requirements of sections 262.460 to 262.465.

4. As used in sections 262.460 to 262.465, the following terms mean:

(1) "Director", the state director of the department of agriculture;

(2) "Fair buildings", the youth and agricultural facilities in which a
fair is conducted and which are owned by the county or municipality or
political subdivision, and are used principally for holding a county fair
or community fair. (RSMo 1939 § 14178, A.L. 1947 V. I p. 31, A.L. 1957 p.
24, A.L. 1963 p. 401, A.L. 1973 H.B. 310, A.L. 1980 H.B. 1085)

Prior revisions: 1929 § 12501; 1919 § 12070

1. The clerk or duly authorized official of a county,
municipality, or other political subdivision shall submit a formal
application to the director for matching funds, giving a description and
providing plans and specifications of the proposed project together with
estimated costs and a resolution passed by the governing body of the
county, municipality, or political subdivision authorizing the
application and the clerk or duly authorized official, upon notice of
preliminary approval shall submit such additional detailed information as
may be requested by the director. Approved projects shall be completed as
soon as possible.

2. Upon completion of a project and acceptance by the governing body of
the county, municipality, or other political subdivision, the clerk or
duly authorized official of that county, municipality, or political
subdivision shall submit to the director an itemized listing of services
and materials, together with receipted invoices covering the services and
materials or, in case of contracts, a copy of the contract, a summary of
all bids received; and proof that all state laws and local ordinances
concerning safety and building codes have been complied with. (L. 1973
H.B. 310)

1. The director or his representative shall before releasing
state funds:

(1) Conduct his own inspection to determine that the completed project
complies* with the plans and specifications and the original application;
and

(2) Determine whether the work has been performed in a manner
satisfactory to the director.

2. If the completed project meets the requirements of this section the
bills submitted for materials and services will be audited and the
county, municipality, or other political subdivision reimbursed for
one-half of the costs not to exceed two thousand five hundred dollars in
any one fiscal year. (L. 1973 H.B. 310)

*Word "comply" appears in original rolls.

The director of the department of agriculture shall be and is
hereby authorized and directed to make all reasonable and needful rules
and regulations for the proper protection to the state in the
administration of sections 262.215 to 262.490. Among other rules and
regulations there is hereby delegated authority to examine and
investigate at the expense of the fund for the encouragement of
agriculture through county and district fairs and certain other
agricultural exhibitions to make certain that such county and district
fairs and exhibitions are deserving of participation in said fund; said
director is further authorized to make needful expenditures from this
fund for the proper administration of sections 262.215 to 262.490,
including bulletins thereon, and it shall be the duty of said director to
make full and complete report in matters relating hereto to the general
assembly. No rule or portion of a rule promulgated under the authority of
this chapter shall become effective unless it has been promulgated
pursuant to the provisions of section 536.024, RSMo. (RSMo 1939 § 14181,
A.L. 1994 S.B. 692, A.L. 1995 S.B. 3)

Prior revision: 1929 § 12504

On or before a date set by the director of agriculture the
president and secretary of any fair or agricultural society claiming
benefits under sections 262.450 and 262.460, shall file with the director
of agriculture a sworn statement in duplicate of the actual amount of
cash premiums paid for the current season, which must correspond with the
public offer of premiums, and a further sworn statement that at such fair
or exhibition all gambling and gambling devices of whatsoever kind, and
the sale of intoxicating liquors, and all obscene exhibitions, have been
prohibited and excluded from the grounds of such fair, agricultural
society or exhibition, and all adjacent grounds under their authority or
control. Such statement in duplicate shall be accompanied by an itemized
list in duplicate of all premiums paid, upon which aid is claimed under
sections 262.450 and 262.460, two copies of the published premium list of
such fair, and a full detailed statement of the receipts and expenditures
in duplicate for the current year, all duly verified by the president and
secretary of such fair, agricultural society or exhibition, and such
other reports and data as may be required by the director of agriculture.
(RSMo 1939 § 14182, A.L. 1947 V. I p. 21)

Prior revision: 1929 § 12505

The director of the department of agriculture shall pay the
claims of any such fair, agricultural society or exhibition coming under
the terms of sections 262.450 and 262.460 on approval of the commissioner
of administration if satisfied, after due investigation and proof that
such fair, agricultural society or exhibition has complied with the
provisions of law relating to such payments and he shall pay such claims
in the same manner as in the regular accounting by said department. (RSMo
1939 § 14183, A.L. 1947 V. I p. 21)

Prior revision: 1929 § 12506

1. In all counties of this state in which the constitutional
limit is not levied for county purposes, the county commission, upon the
filing of a petition signed by not less than three hundred resident
taxpayers and qualified electors of the county, shall call an election to
submit to the qualified voters thereof, a special levy of not more than
two mills on the dollar valuation, which levy, together with all other
levies for county purposes, shall not exceed the constitutional limit of
levy for the county affected, for the purpose of encouraging, promoting
and improving the livestock, poultry, agricultural, horticultural,
mechanical fabrics and fine arts, products and articles of domestic
industry, and the exhibition of such stock, poultry articles and
commodities, at the district or county fair held in the county.

2. If a majority of the voters voting at said election shall be in favor
of the proposition, then the county commission at its next regular term
thereafter shall make the levy, one-half of which levy shall be set aside
by the county commission and distributed ratably to the exhibitors of the
public fairs held in the county, for the purpose of paying premiums to
exhibitors or the articles and commodities in sections 262.500 to
262.540. The other one-half of which levy, in the judgment and discretion
of the county commission, may be used for the purpose of purchasing
grounds or erecting suitable building for such fair purposes; but if
grounds for the purposes are owned by the county, or leased or otherwise
secured or obtained for such uses, then the other one-half of the funds
may be used by the county commission in erecting such building. If it is
the discretion and judgment of the commission that the other one-half of
the levy be not used for grounds or buildings, then the whole of the levy
may be used for paying such premiums. If the petition for the election
asks that one-half of the levy be devoted to acquiring of lands or
erecting of buildings, then the proposition submitted shall contain
provisions for such devotion; and if the majority favor the proposition,
then the commission shall so expend and use the proceeds of the one-half
of the levy.

3. The surplus remaining out of the proceeds of any levy made under
sections 262.500 to 262.540, in any year, in the hands of the county
treasurer shall constitute a fund for the purposes of sections 262.500 to
262.540, and may be used either as premiums offered or advertising for
exhibits to be made under any provision of sections 262.500 to 262.540.
(RSMo 1939 § 14185, A.L. 1943 p. 317, A.L. 1955 p. 36)

Prior revision: 1929 § 12508

The county commission in every such county shall apportion the
proceeds of the levy made pursuant to section 262.500, and in accordance
with the provisions of section 262.500, among the several objects and
subjects in section 262.500 mentioned, and offer suitable premiums in
each class thereof to the full amount available from the levy. All such
premiums shall be offered for exhibits made at public fairs held in the
county. The exhibits shall be in place at the fair at least twenty-four
hours before the opening thereof to the public, and remain in place until
midnight of the last day of the fair. (RSMo 1939 § 14186, A.L. 1955 p. 36)

Prior revision: 1929 § 12509

The portion of the proceeds of such levy offered for premiums
shall be offered annually for the purposes set out in, and in accordance
with, the provisions of sections 262.500 to 262.540. For the purpose of
administering the premium fund, authorized by sections 262.500 to
262.540, the county commission is hereby authorized and directed to
appoint and designate the secretary of such fair, without salary or other
compensation as the agent of the county commission, in the payment of
said premiums, which premiums shall be paid by warrants drawn in the same
manner as in case of warrants for ordinary running expenses of the
county, such warrants to be drawn in favor of the persons entitled
thereto and turned over to the secretary of such fair for distribution.
(RSMo 1939 § 14187)

Prior revision: 1929 § 12510

Special election shall be called, advertised and conducted, as
in the case of a special election to vote bonds for the erection of a
county courthouse or other public purpose. (RSMo 1939 § 14188)

Prior revision: 1929 § 12511

The following words and phrases as used in sections 262.550 to
262.620, unless a different meaning is plainly required by the context,
shall mean:

(1) "Council" shall mean University of Missouri extension council,
authorized under section 262.563;

(2) "County" does not include the city of St. Louis;

(3) "University" shall mean the curators of the University of Missouri.
(L. 1961 p. 7 § 1)

The assent of the general assembly having heretofore been given
to the provisions and requirements of the Act of Congress of May 8, 1914,
and amendments thereto (7 U.S.C.A. Sec. 341 et seq.), the University of
Missouri is authorized and empowered to receive and expend the grants of
money appropriated under said acts and all acts amendatory or
supplementary thereto, together with any money appropriated by the state
or received from any source whatsoever for the aid of extension work in
the counties of Missouri, and to cooperate with the United States
Department of Agriculture, other agencies, and with persons and
organizations in the conduct thereof, all in accordance with the terms
and conditions expressed in said acts of congress. The treasurer of the
University of Missouri is hereby empowered to receive the funds
appropriated by said acts of congress and any money appropriated by the
state or received from any source whatsoever for said purposes. Any funds
accepted by the university for the purpose of aiding the extension work
as provided in sections 262.550 to 262.620 subject to conditions and use
thereof, shall be received by the university subject to such conditions
and the money shall be expended by it for such purposes and in accordance
with the terms of the grant or gift. (L. 1961 p. 7 § 2)

The university may formulate an extension program in the
counties of the state and shall be responsible for the administration and
execution of the extension program in each county. (L. 1961 p. 7 § 3)

The university shall have the responsibility and authority to
employ such persons as it deems necessary and proper for the conduct of
extension work and shall prescribe and assign their duties and provide
for the compensation and expenses incurred in the discharge of their
duties and shall provide for the establishment and maintenance of proper
offices, equipment, and supplies therefor, provided that, in counties
having a council, the council shall pay such salaries and expenses as
shall be assigned to it in the financial budget. (L. 1961 p. 7 § 4)

1. The university may establish a University of Missouri
extension council in each of the counties of the state, which shall be
designated as the "University of Missouri Extension Council of ........
County".

2. If written requests be filed with the university by twenty-five
citizens of voting age residing in each of the several townships of the
county having more than one hundred citizens of voting age, or signed by
ten percent of the citizens of voting age residing in those townships
having less than one hundred citizens of voting age, the university shall
establish a council in such county. (L. 1961 p. 7 § 5)

1. The University of Missouri extension council in each county
shall be composed of the following members:

(1) At least one elected member from each district within the county as
established under the provisions of sections 262.550 to 262.620; if no
districts shall be established then from each township within the county.
Such member shall be a resident of the district from which elected.

(2) A member of the county commission to be designated by the commission,
or if none be so designated, then the presiding commissioner of the
county commission.

(3) One member from each general farm organization having a membership in
the county of twenty-five or more persons, such members to be appointed
by the farm organization in such manner as it may determine.

(4) One member from each incorporated town or city within the county
having a population of ten thousand or more, as shown by the latest
federal decennial census, to be appointed by the mayor of the town or
city. Such member shall be a resident of such town or city.

(5) In counties having no town or city with a population of ten thousand
or more, as shown by the latest federal decennial census, one member to
be appointed by the mayor of the town or city designated by the elected
council of the county which may or may not be included in a district.
Such member shall be a resident of the designated town or city.

2. Council members, both elected and appointed, shall hold office for a
term of two years, and until their successors are elected and qualified,
provided that in the first council in a county approximately one-half of
the elected and appointed council members shall be elected or appointed
for a term of one year, and until their successors are elected and
qualified.

3. Men and women shall be eligible for membership on the council.

4. Vacancies in the elected council membership shall be filled until the
next annual election by council appointment and vacancies in the
appointed membership shall be filled until the next annual election in
the manner provided for the original appointment.

5. The newly organized council shall assume its duties on March first of
each year.

6. All elected or appointed council members may serve two consecutive
two-year terms, provided that those members elected or appointed for a
one-year term may not be elected or appointed for more than one
additional consecutive two-year term.

7. An elected or appointed council member upon serving two two-year
consecutive terms shall become eligible for reelection or reappointment
to the council after one year.

8. The county agricultural extension councils of the respective counties
created under provision of section 262.561, RSMo 1959, shall constitute
the councils of the respective counties and shall perform the duties
herein provided for such councils until the councils are established as
provided by sections 262.550 to 262.620. (L. 1961 p. 7 § 6)

On or before October 1, 1961, or of any year thereafter, the
university shall file with the county commission in each county in which
there is to be established a council an instrument setting forth the
boundaries of each district within the county established for the purpose
of electing members to the council. The districts in each county shall be
consecutively numbered from one. A copy thereof shall be published within
fifteen days after it is filed. If the districts as originally
established are at any time thereafter altered or changed, the university
shall, on or before the first day of July, file with the county
commission an instrument setting forth the change in the districts and
the boundaries thereof and like notice as above provided shall be given
of such change. (L. 1961 p. 7 § 7)

In the month of January of each year an election shall be held
in each of the established districts in which there is a vacancy for
membership on the council, for the election of a member or members to the
council, at which election each citizen of voting age residing in the
district shall be entitled to vote. (L. 1961 p. 7 § 8)

The council shall cause the list of nominees named by it to be
published at least once, which publication shall be not more than fifty
days nor less than thirty days prior to the date fixed for the election.
The publication of notice shall also contain a statement that additional
nominees for council members may be made by petition of twenty-five or
more qualified voters residing within the district filed with the council
within twenty days after the publication of notice of election. The names
of all such nominees shall be placed upon a ballot to be submitted to the
voters of the respective districts at the election. (L. 1961 p. 7 § 9)

If a council is established in any county not having a county
agricultural extension council created under the provisions of section
262.561, RSMo 1959, the university shall do all acts and things required
to be performed by the council incidental and necessary to the
establishment of the first council within the county. (L. 1961 p. 7 § 10)

1. The council of the respective counties shall have the
following powers and duties:

(1) Determine the number of elective council positions for each district
provided that no district shall have less than one council member and
there shall not be less than ten or more than twenty members elected to
the council;

(2) Nominate at least two citizens residing within the district for each
elected council position;

(3) Determine the council positions to be filled for a one-year term and
those to be filled for a two-year term when necessary under the
provisions of subsection 2 of section 262.567;

(4) Set the date or dates, and places of the elections in the respective
districts to be held in January of each year and set the dates and places
for the bimonthly meetings of the council and the bimonthly meetings of
the officers and may set the date and place of other meetings of the
council or officers;

(5) Provide ballots and make all necessary arrangements for the holding
of elections within each of the districts within the county;

(6) Give notice to the farm organizations selected to have representation
on the council and to the towns and cities entitled to have
representation thereon, at least thirty days before each annual election
of council members and give notice to any organization, town or city in
the event a vacancy occurs in the position on the council for which it
shall make appointment;

(7) Give all notices and publications required by sections 262.550 to
262.620 and select the newspaper or newspapers in which publication of
the notices shall be made.

2. At the first annual meeting after taking office the council shall
elect from its elected and appointed members a chairman, a vice chairman,
a secretary, and a treasurer.

3. All officers of the council shall, within five days after their
election, take and sign the usual oath of public officers which shall be
filed in the office of the county clerk.

4. The council shall meet at least bimonthly and special meetings may be
called by the chairman or by five members of the council by giving
written notice to all members of the council of the date, time and place
of meeting not less than ten days prior to the day of the meeting.

5. The officers of the council shall meet bimonthly in the months in
which the council does not have a regular meeting for the purpose of
making requisitions to the county commission for the amount of the
month's expenditures and for allowing and paying authorized accounts and
passing upon routine matters, but no other business of the council shall
be transacted at such officers' meetings.

6. Members of the council and the officers thereof shall receive no
compensation for their services as members or officers of the council.
Members of the council and the officers thereof shall be entitled to
their actual expenses incurred on account of council business, provided
all such expenses shall be approved by the council. (L. 1961 p. 7 § 11)

In counties in which there is a council the university shall:

(1) Have the responsibility and authority to employ and discharge such
agents and employees as it deems necessary and proper for the conduct of
extension work within the county and shall prescribe and assign their
duties and determine their compensation and expenses allowed in the
discharge of their duties and shall exercise supervisory powers in the
establishment and maintenance of proper offices, equipment, and supplies
necessary for the proper administration of the extension program.

(2) With the advice and counsel of the council, formulate extension
programs in the county and it shall be responsible for the administration
and execution of the extension program in each county.

(3) Before assigning any extension personnel in the area over which the
council has jurisdiction first consult and advise with the council
affected before making the assignment of personnel. If personnel proposed
by the university is not satisfactory to the council another person shall
be made available by the university.

(4) Consult with the council before taking action to discharge or remove
any employee. (L. 1961 p. 7 § 12)

The council in any county shall have the right and duty to:

(1) Make recommendations and suggestions to the university concerning the
extension program;

(2) Make recommendations and suggestions to the university concerning the
appointment or removal of extension personnel;

(3) Arrange for and administer the county's share of the cost of the
extension services in the area over which the council has jurisdiction;

(4) Receive by way of gift, purchase, or otherwise acquire, in its own
name, real or personal property with the right to hold and to sell and
convey title to any such property; provided no real estate not reasonably
required for the administration of the extension program shall be held by
the council for a period longer than two years. (L. 1961 p. 7 § 13)

1. The council shall be recognized as the official body within
the county to cooperate with the university in carrying out the
provisions of the Smith-Lever Act of Congress and amendments and acts
supplementary thereto (7 U.S.C.A. Sec. 341 et seq.) and any other acts
affecting extension programs.

2. The council shall not engage in commercial or other private
enterprises, legislative programs, or other activities not authorized by
sections 262.550 to 262.620 and shall not give preferred service to any
individual, group or organization.

3. Councils may collect fees for specific services which require special
equipment or personnel, such as a soil testing laboratory, seed testing
service or other educational service, but they shall not collect dues for
or pay dues to any state or national organization or association. The
furnishing of supplies or services deemed necessary by the university and
the council to the conduct of any education program authorized under
sections 262.550 to 262.620 shall not be considered private enterprise or
commercial activity within the meaning of sections 262.550 to 262.620.

4. Councils may accept contributions of funds from private sources to be
used for extension purposes. Nothing in sections 262.550 to 262.620 shall
prevent councils or extension personnel from using or seeking
opportunities to reach an audience of persons interested in extension
work through the help of interested farm organizations, civic
organizations or any other group, but in using or seeking such
opportunities the council and extension personnel shall make available to
all groups and organizations in the county equal opportunity to cooperate
in the educational extension program.

5. Extension personnel shall not require uniform bylaws, regulations and
methods of procedure. (L. 1961 p. 7 § 14)

The council, in cooperation with the county commission and the
university, shall prepare an annual financial budget covering the
county's share of the cost of carrying on the extension services
contemplated by sections 262.550 to 262.620 which shall be filed with the
county commission on or before January first each year and the county
commission shall include the budget so filed in class four of the budget
of county expenditures for such year in counties budgeting county
expenditures by classes, and in the budget document of all other
counties, subject to the following minimum appropriations:

(1) In counties with an assessed valuation of seventy million dollars or
more, ten thousand dollars;

(2) In counties with an assessed valuation of twenty-five million dollars
or more, but less than seventy million dollars, five thousand dollars;

(3) In counties with an assessed valuation of fifteen million dollars or
more, but less than twenty-five million dollars, four thousand dollars;

(4) In counties with an assessed valuation of ten million dollars or
more, but less than fifteen million dollars, two thousand five hundred
dollars;

(5) In counties with an assessed valuation of eight million dollars or
more, but less than ten million dollars, one thousand five hundred
dollars;

(6) In counties with an assessed valuation below eight million dollars,
one thousand two hundred dollars. (L. 1961 p. 7 § 15)

Immediately following the close of each month the council shall
requisition the county commission for the estimated amount of the month's
expenditures and within ten days after filing the requisition, shall
submit to the county commission a certified, itemized statement of all
expenditures covered by the requisition. The requisition shall constitute
the basis for immediate issuance by the county commission and it shall,
if there be funds available therefor, promptly issue a warrant covering
the requisition in full and drawn in favor of the treasurer of the
council. For the purpose of this section the chairman and secretary of
the council shall be regarded as certifying officers. The requisition for
any given month shall not exceed one-twelfth of the total amount
appropriated for the year unless a reserve shall have accumulated as a
result of expending less than the aforementioned twelfth portion during
one or more preceding months, in which case the reserve shall be
constantly available for current expenditures. If the amount of the
certified itemized statement is less than the amount requisitioned the
difference shall be credited against the next requisition. Any unused
funds remaining in the appropriation on December thirty-first shall
revert to the county treasury. (L. 1961 p. 7 § 16)

Before the allocation of funds is made by the county commission
the council shall present to the university and the county commission a
list of members of the council and of its officers with statements signed
by the chairman of the council certifying that the named officers have
been duly elected and qualified as specified in sections 262.583 and
262.607. (L. 1961 p. 7 § 17)

1. The treasurer of the council within ten days after his
election as treasurer and before entering upon the duties of his office
shall execute to the council a corporate surety bond of not less than one
hundred twenty-five percent of the estimated amount that will be in his
hands as treasurer at any one time. All such bonds shall be conditioned
on his faithful discharge of the duties of the office of treasurer. The
amount and sufficiency of all bonds shall be determined by the county
clerk, and upon his approval endorsed on the bond, the bond shall be
filed with the county clerk, who shall notify the chairman of the council
and the county treasurer of the approval and filing. The cost of such
bond shall be paid by the council.

2. In the event of the breach of any condition thereof, the chairman of
the council shall, and if he does not any member of the council may,
cause a suit to be commenced thereon in his own name for the benefit of
the council, in which suit it shall not be necessary to include the
treasurer as a party and the money collected shall be applied to the use
of the council, as the same should have been applied by the treasurer.
(L. 1961 p. 7 § 18)

1. All moneys received by the treasurer for the council shall be
deposited by him in a bank or trust company designated by the council and
authorized to receive public deposits.

2. The treasurer shall pay out, on the warrant of the secretary of the
council, or by a combination warrant check, signed by the chairman of the
council and treasurer of the council, all moneys which come to his hands
for the use of the council, and he shall not pay any sum from the funds
of the council in any other manner.

3. He shall keep a book in which he shall enter all the moneys received
and disbursed by him, specifying the person from whom received and to
whom paid, and the object for which same has been paid out.

4. He shall present to the council at each annual meeting of the council
a report in writing containing a statement of all moneys received by him
from the county treasurer and from any other source since the last annual
meeting of the council, and of the disbursements made by him with the
items of such disbursements, and exhibit the warrants or checks or
combination warrants and checks therefor, which report shall be recorded
by the secretary of the council; and at the close of his term of office
shall settle with the council; and shall hand over to his successor the
books and all other records and papers coming into his hands as
treasurer, together with all moneys remaining in his hands as such
treasurer. (L. 1961 p. 7 § 19)

The secretary of the council shall record the proceedings of all
meetings of the council and of the officers of the council in books
provided for that purpose; prepare and submit to each annual meeting of
the council a report on the work and activities of the council since the
last annual meeting; and perform such other duties as are usually
performed by secretaries and as may be prescribed by the council. (L.
1961 p. 7 § 20)

At the close of each calendar year the council, through its
secretary, shall make an annual detailed report to the county commission,
covering all receipts and expenditures, together with a summary of work
undertaken and results accomplished. The report shall be filed with the
county commission not later than February first, following the close of
the year or portion of year covered by the report. (L. 1961 p. 7 § 21)

Any public notice required to be given under any of the
provisions of sections 262.550 to 262.620 shall be given by publishing a
copy thereof for at least one time in a newspaper published within the
county and having a general circulation therein and if there be no such
newspaper within the county, then in some newspaper having a general
circulation within the county. Any notice required to be given to any
council member shall be given by personal service or by mailing a copy
thereof to the council member, provided that any council member attending
any meeting shall be deemed to have waived service of notice of such
meeting. No notice shall be required of regular council meetings or of
regular meetings of the officers or of any special meeting of the council
the date and place of which has been set and recorded in a prior meeting
of the council. Any notice to be given to the county commission shall be
given by delivery of a copy thereof to the clerk of the commission.
Notice to organizations selected by the council to have members on the
council and cities and towns entitled to have members on the council
shall be given by delivering a copy thereof to the principal officers of
the organization or to the mayor of the city or town or by mailing the
same to the person to be served. (L. 1961 p. 7 § 22)

For the purpose of encouraging the organization and maintenance
of farmers' institute societies, farm bureaus, farmers' clubs, country
life clubs, or other organizations which have for their purpose the
development of the agricultural resources of a county by holding farmers'
institutes or short course studies in agriculture held in cooperation
with the state department of agriculture or the college of agriculture,
or other constituted authority that may now or hereafter be authorized by
law to conduct such meetings, the county commission of any county in this
state having a population of less than one hundred thousand inhabitants
may and is hereby empowered to appropriate from the county revenue a sum
not to exceed a total of one hundred dollars per annum for such purpose.
(RSMo 1939 § 14315)

Prior revisions: 1929 § 12657; 1919 § 12147

The money paid out under sections 262.630 to 262.660 shall be
upon warrants of the county authorizing the payment, drawn in favor of
the treasurer of the organization making such approved application, and
upon a statement of such itemized expenses, which may include expenses of
holding and conducting said agricultural meetings as herein provided,
namely hiring of hall, advertising, expense of procuring speakers from a
distance who are not on the regular staffs of the state department of
agriculture or college of agriculture or state teachers' colleges, such
statements to be signed and sworn to by said treasurer of said
organization. (RSMo 1939 § 14316)

Prior revisions: 1929 § 12658; 1919 § 12148

Before any one of the aforesaid organizations can take advantage
of sections 262.630 to 262.660, it shall be duly organized with a
president, a secretary, a treasurer, an executive board consisting of not
less than three members, and a signed membership of not less than
twenty-five farmers. (RSMo 1939 § 14317)

Prior revisions: 1929 § 12659; 1919 § 12149

No money shall be paid out under sections 262.630 to 262.660 for
the services, traveling expenses or hotel bills of any officers or local
committees or of any person or persons under pay of the state department
of agriculture, college of agriculture or state teachers' colleges. (RSMo
1939 § 14318)

Prior revisions: 1929 § 12660; 1919 § 12150

The Southern Dairy Compact, the full text of which is
hereinafter set forth and confirmed by the Missouri legislature, is
hereby entered into on behalf of the state of Missouri. The compact shall
become effective when enacted into law by at least two other states
within the compact group of states and when the consent of Congress has
been obtained. The full text of said compact is as follows:

SOUTHERN DAIRY COMPACT

ARTICLE I. STATEMENT OF PURPOSE, FINDINGS

AND DECLARATION OF POLICY

1. Statement of purpose, findings and declaration of policy

The purpose of this compact is to recognize the interstate character of
the southern dairy industry and the prerogative of the states under the
United States Constitution to form an interstate commission for the
southern region. The mission of the commission is to take such steps as
are necessary to assure the continued viability of dairy farming in the
south, and to assure consumers of an adequate, local supply of pure and
wholesome milk.

The participating states find and declare that the dairy industry is an
essential agricultural activity of the south. Dairy farms, and associated
suppliers, marketers, processors and retailers are an integral component
of the region's economy. Their ability to provide a stable, local supply
of pure, wholesome milk is a matter of great importance to the health and
welfare of the region.

The participating states further find that dairy farms are essential and
they are an integral part of the region's rural communities. The farms
preserve land for agricultural purposes and provide needed economic
stimuli for rural communities.

In establishing their constitutional regulatory authority over the
region's fluid milk market by this compact, the participating states
declare their purpose that this compact neither displace the federal
order system nor encourage the merging of federal orders. Specific
provisions of the compact itself set forth this basic principle.

Designed as a flexible mechanism able to adjust to changes in a regulated
marketplace, the compact also contains a contingency provision should the
federal order system be discontinued. In that event, the interstate
commission is authorized to regulate the marketplace in replacement of
the order system. This contingent authority does not anticipate such a
change, however, and should not be so construed. It is only provided
should developments in the market other than establishment of this
compact result in discontinuance of the order system.

By entering into this compact, the participating states affirm that their
ability to regulate the price which southern dairy farmers receive for
their product is essential to the public interest. Assurance of a fair
and equitable price for dairy farmers ensures their ability to provide
milk to the market and the vitality of the southern dairy industry, with
all the associated benefits.

Recent, dramatic price fluctuations, with a pronounced downward trend,
threaten the viability and stability of the southern dairy region.
Historically, individual state regulatory action had been an effective
emergency remedy available to farmers confronting a distressed market.
The federal order system, implemented by the Agricultural Marketing
Agreement Act of 1937, establishes only minimum prices paid to producers
for raw milk, without preempting the power of states to regulate milk
prices above the minimum levels so established.

In today's regional dairy marketplace, cooperative, rather than
individual state action is needed to more effectively address the market
disarray. Under our constitutional system, properly authorized states
acting cooperatively may exercise more power to regulate interstate
commerce than they may assert individually without such authority. For
this reason, the participating states invoke their authority to act in
common agreement, with the consent of Congress, under the compact clause
of the Constitution.

ARTICLE II. DEFINITIONS AND RULES OF CONSTRUCTION

2. Definitions

For the purposes of this compact, and of any supplemental or concurring
legislation enacted pursuant thereto, except as may be otherwise required
by the context:

(1) "Class I milk" means milk disposed of in fluid form or as a fluid
milk product, subject to further definition in accordance with the
principles expressed in paragraph (b) of subsection three.

(2) "Commission" means the southern dairy compact Commission established
by this compact.

(3) "Commission marketing order" means regulations adopted by the
commission pursuant to sections nine and ten of this compact in place of
a terminated federal marketing order or state dairy regulation. Such
order may apply throughout the region or in any part or parts thereof as
defined in the regulations of the commission. Such order may establish
minimum prices for any or all classes of milk.

(4) "Compact" means this interstate compact.

(5) "Compact over-order price" means a minimum price required to be paid
to producers for class I milk established by the commission in
regulations adopted pursuant to subsections nine and ten of this compact,
which is above the price established in federal marketing orders or by
state farm price regulations in the regulated area. Such price may apply
throughout the region or in any part or parts thereof as defined in the
regulations of the commission.

(6) "Milk" means the lacteral secretion of cows and includes all skim,
butterfat, or other constituents obtained from separation or any other
process. The term is used in its broadest sense and may be further
defined by the commission for regulatory purposes.

(7) "Partially regulated plant" means a milk plant not located in a
regulated area but having class I distribution within such area.
Commission regulations may exempt plants having such distribution or
receipts in amounts less than the limits defined therein.

(8) "Participating state" means a state which has become a party to this
compact by the enactment of concurring legislation.

(9) "Pool plant" means any milk plant located in a regulated area.

(10) "Region" means the territorial limits of the states which are
parties to this compact.

(11) "Regulated area" means any area within the region governed by and
defined in regulations establishing a compact over-order price or
commission marketing order.

(12) "State dairy regulation" means any state regulation of dairy prices,
and associated assessments, whether by statute, marketing order or
otherwise.

3. Rules of construction

(a) This compact shall not be construed to displace existing federal milk
marketing orders or state dairy regulation in the region but to
supplement them. In the event some or all federal orders in the region
are discontinued, the compact shall be construed to provide the
commission the option to replace them with one or more commission
marketing orders pursuant to this compact.

(b) The compact shall be construed liberally in order to achieve the
purposes and intent enunciated in subsection one. It is the intent of
this compact to establish a basic structure by which the commission may
achieve those purposes through the application, adaptation and
development of the regulatory techniques historically associated with
milk marketing and to afford the commission broad flexibility to devise
regulatory mechanisms to achieve the purposes of this compact. In
accordance with this intent, the technical terms which are associated
with market order regulation and which have acquired commonly understood
general meanings are not defined herein but the commission may further
define the terms used in this compact and develop additional concepts and
define additional terms as it may find appropriate to achieve its
purposes.

ARTICLE III. COMMISSION ESTABLISHED

4. Commission established

There is hereby created a commission to administer the compact, composed
of delegations from each state in the region. The commission shall be
known as the Southern Dairy Compact Commission. A delegation shall
include not less than three nor more than five persons. Each delegation
shall include at least one dairy farmer who is engaged in the production
of milk at the time of appointment or reappointment, and one consumer
representative. Delegation members shall be residents and voters of, and
subject to such confirmation process as is provided for in the appointing
state. Delegation members shall serve no more than three consecutive
terms with no single term of more than four years, and be subject to
removal for cause. In all other respects, delegation members shall serve
in accordance with the laws of the state represented. The compensation,
if any, of the members of a state delegation shall be determined and paid
by each state, but their expenses shall be paid by the commission.

5. Voting requirements

All actions taken by the commission, except for the establishment or
termination of an over-order price or commission marketing order, and the
adoption, amendment or rescission of the commission's by-laws, shall be
by majority vote of the delegations present. Each state delegation shall
be entitled to one vote in the conduct of the commission's affairs.
Establishment or termination of an over-order price or commission
marketing order shall require at least a two-thirds vote of the
delegations present. The establishment of a regulated area which covers
all or part of a participating state shall require also the affirmative
vote of that state's delegation. A majority of the delegations from the
participating states shall constitute a quorum for the conduct of the
commission's business.

6. Administration and management

(a) The commission shall elect annually from among the members of the
participating state delegations a chairperson, a vice-chairperson, and a
treasurer. The commission shall appoint an executive director and fix his
or her duties and compensation. The executive director shall serve at the
pleasure of the commission, and together with the treasurer, shall be
bonded in an amount determined by the commission. The commission may
establish through its by-laws an executive committee composed of one
member elected by each delegation.

(b) The commission shall adopt bylaws for the conduct of its business by
a two-thirds vote, and shall have the power by the same vote to amend and
rescind these by-laws. The commission shall publish its by-laws in
convenient form with the appropriate agency or officer in each of the
participating states. The by-laws shall provide for appropriate notice to
the delegations of all commission meetings and hearings and of the
business to be transacted at such meetings or hearings. Notice also shall
be given to other agencies or officers of participating states as
provided by the laws of those states.

(c) The commission shall file an annual report with the Secretary of
Agriculture of the United States, and with each of the participating
states by submitting copies to the governor, both houses of the
legislature, and the head of the state department having responsibilities
for agriculture.

(d) In addition to the powers and duties elsewhere prescribed in this
compact, the commission shall have the power:

(1) To sue and be sued in any state or federal court;

(2) To have a seal and alter the same at pleasure;

(3) To acquire, hold, and dispose of real and personal property by gift,
purchase, lease, license, or other similar manner, for its corporate
purposes;

(4) To borrow money and issue notes, to provide for the rights of the
holders thereof and to pledge the revenue of the commission as security
therefor, subject to the provisions of subsection eighteen of this
compact;

(5) To appoint such officers, agents, and employees as it may deem
necessary, prescribe their powers, duties and qualifications; and

(6) To create and abolish such offices, employments and positions as it
deems necessary for the purposes of the compact and provide for the
removal, term, tenure, compensation, fringe benefits, pension, and
retirement rights of its officers and employees. The commission may also
retain personal services on a contract basis.

7. Rulemaking power

In addition to the power to promulgate a compact over-order price or
commission marketing orders as provided by this compact, the commission
is further empowered to make and enforce such additional rules and
regulations as it deems necessary to implement any provisions of this
compact, or to effectuate in any other respect the purposes of this*
compact.

ARTICLE IV. POWERS OF THE COMMISSION

8. Powers to promote regulatory uniformity, simplicity, and interstate
cooperation

The commission is hereby empowered to:

(1) Investigate or provide for investigations or research projects
designed to review the existing laws and regulations of the participating
states, to consider their administration and costs, to measure their
impact on the production and marketing of milk and their effects on the
shipment of milk and milk products within the region.

(2) Study and recommend to the participating states joint or cooperative
programs for the administration of the dairy marketing laws and
regulations and to prepare estimates of cost savings and benefits of such
programs.

(3) Encourage the harmonious relationships between the various elements
in the industry for the solution of their material problems. Conduct
symposia or conferences designed to improve industry relations, or a
better understanding of problems.

(4) Prepare and release periodic reports on activities and results of the
commission's efforts to the participating states.

(5) Review the existing marketing system for milk and milk products and
recommend changes in the existing structure for assembly and distribution
of milk which may assist, improve or promote more efficient assembly and
distribution of milk.

(6) Investigate costs and charges for producing, hauling, handling,
processing, distributing, selling and for all other services performed
with respect to milk.

(7) Examine current economic forces affecting producers, probable trends
in production and consumption, the level of dairy farm prices in relation
to costs, the financial conditions of dairy farmers, and the need for an
emergency order to relieve critical conditions on dairy farms.

9. Equitable farm prices

(a) The powers granted in this subsection and subsection ten shall apply
only to the establishment of a compact over-order price, so long as
federal milk marketing orders remain in effect in the region. In the
event that any or all such orders are terminated, this article shall
authorize the commission to establish one or more commission marketing
orders, as herein provided, in the region or parts thereof as defined in
the order.

(b) A compact over-order price established pursuant to this section shall
apply only to class I milk. Such compact over-order price shall not
exceed one dollar and fifty cents per gallon at Atlanta, Ga., however,
this compact over-order price shall be adjusted upward or downward at
other locations in the region to reflect differences in minimum federal
order prices. Beginning in 1990, and using that year as a base, the
foregoing one dollar fifty cents per gallon maximum shall be adjusted
annually by the rate of change in the consumer price index as reported by
the Bureau of Labor Statistics of the United States Department of Labor.
For purposes of the pooling and equalization of an over-order price, the
value of milk used in other use classifications shall be calculated at
the appropriate class price established pursuant to the applicable
federal order or state dairy regulation and the value of unregulated milk
shall be calculated in relation to the nearest prevailing class price in
accordance with and subject to such adjustments as the commission may
prescribe in regulations.

(c) A commission marketing order shall apply to all classes and uses of
milk.

(d) The commission is hereby empowered to establish a compact over-order
price for milk to be paid by pool plants and partially regulated plants.
The commission is also empowered to establish a compact over-order price
to be paid by all other handlers receiving milk from producers located in
a regulated area. This price shall be established either as a compact
over-order price or by one or more commission marketing orders. Whenever
such a price has been established by either type of regulation, the legal
obligation to pay such price shall be determined solely by the terms and
purpose of the regulation without regard to the situs of the transfer of
title, possession or any other factors not related to the purposes of the
regulation and this compact. Producer-handlers as defined in an
applicable federal market order shall not be subject to a compact
over-order price. The commission shall provide for similar treatment of
producer-handlers under commission marketing orders.

(e) In determining the price, the commission shall consider the balance
between production and consumption of milk and milk products in the
regulated area, the costs of production including, but not limited to the
price of feed, the cost of labor including the reasonable value of the
producer's own labor and management, machinery expense, and interest
expense, the prevailing price for milk outside the regulated area, the
purchasing power of the public and the price necessary to yield a
reasonable return to the producer and distributor.

(f) When establishing a compact over-order price, the commission shall
take such other action as is necessary and feasible to help ensure that
the over-order price does not cause or compensate producers so as to
generate local production of milk in excess of those quantities necessary
to assure consumers of an adequate supply for fluid purposes.

(g) The commission shall whenever possible enter into agreements with
state or federal agencies for exchange of information or services for the
purpose of reducing regulatory burden and cost of administering the
compact. The commission may reimburse other agencies for the reasonable
cost of providing these services.

10. Optional provisions for pricing order

Regulations establishing a compact over-order price or a commission
marketing order may contain, but shall not be limited to any of the
following:

(1) Provisions classifying milk in accordance with the form in which or
purpose for which it is used, or creating a flat pricing program.

(2) With respect to a commission marketing order only, provisions
establishing or providing a method for establishing separate minimum
prices for each use classification prescribed by the commission, or a
single minimum price for milk purchased from producers or associations of
producers.

(3) With respect to an over-order minimum price, provisions establishing
or providing a method for establishing such minimum price for class I
milk.

(4) Provisions for establishing either an over-order price or a
commission marketing order may make use of any reasonable method for
establishing such price or prices including flat pricing and formula
pricing. Provision may also be made for location adjustments, zone
differentials and for competitive credits with respect to regulated
handlers who market outside the regulated area.

(5) Provisions for the payment to all producers and associations of
producers delivering milk to all handlers of uniform prices for all milk
so delivered, irrespective of the uses made of such milk by the
individual handler to whom it is delivered, or for the payment of
producers delivering milk to the same handler of uniform prices for all
milk delivered by them.

(A) With respect to regulations establishing a compact over-order price,
the commission may establish one equalization pool within the regulated
area for the sole purpose of equalizing returns to producers throughout
the regulated area.

(B) With respect to any commission marketing order, as defined in
subsection two, subdivision three, which replaces one or more terminated
federal orders or state dairy regulations, the marketing area of now
separate state or federal orders shall not be merged without the
affirmative consent of each state, voting through its delegation, which
is partly or wholly included within any such new marketing area.

(6) Provisions requiring persons who bring class I milk into the
regulated area to make compensatory payments with respect to all such
milk to the extent necessary to equalize the cost of milk purchased by
handlers subject to a compact over-order price or commission marketing
order. No such provisions shall discriminate against milk producers
outside the regulated area. The provisions for compensatory payments may
require payment of the difference between the class I price required to
be paid for such milk in the state of production by a federal milk
marketing order or state dairy regulation and the class I price
established by the compact over-order price or commission marketing order.

(7) Provisions specially governing the pricing and pooling of milk
handled by partially regulated plants.

(8) Provisions requiring that the account of any person regulated under
the compact over-order price shall be adjusted for any payments made to
or received by such persons with respect to a producer settlement fund of
any federal or state milk marketing order or other state dairy regulation
within the regulated area.

(9) Provision requiring the payment by handlers of an assessment to cover
the costs of the administration and enforcement of such order pursuant to
article VII, subsection 18(a).

(10) Provisions for reimbursement to participants of the Women, Infants
and Children Special Supplemental Food Program of the United States Child
Nutrition Act of 1966.

(11) Other provisions and requirements as the commission may find are
necessary or appropriate to effectuate the purposes of this compact and
to provide for the payment of fair and equitable minimum prices to
producers.

ARTICLE V. RULEMAKING PROCEDURE

11. Rulemaking procedure

Before promulgation of any regulations establishing a compact over-order
price or commission marketing order, including any provision with respect
to milk supply under subsection 9 (f), or amendment thereof, as provided
in article IV, the commission shall conduct an informal rulemaking
proceeding to provide interested persons with an opportunity to present
data and views. Such rulemaking proceeding shall be governed by Section 4
of the Federal Administrative Procedure Act, as amended (5 U.S.C. § 553).
In addition, the commission shall, to the extent practicable, publish
notice of rulemaking proceedings in the official register of each
participating state. Before the initial adoption of regulations
establishing a compact over-order price or a commission marketing order
and thereafter before any amendment with regard to prices or assessments,
the commission shall hold a public hearing. The commission may commence a
rulemaking proceeding on its own initiative or may in its sole discretion
act upon the petition of any person including individual milk producers,
any organization of milk producers or handlers, general farm
organizations, consumer or public interest groups, and local, state or
federal officials.

12. Findings and referendum

(a) In addition to the concise general statement of basis and purpose
required by section 4 (b) of the Federal Administrative Procedure Act, as
amended (5 U.S.C. § 553 (c)), the commission shall make findings of fact
with respect to:

(1) Whether the public interest will be served by the establishment of
minimum milk prices to dairy farmers under article IV.

(2) What level of prices will assure that producers receive a price
sufficient to cover their costs of production and will elicit an adequate
supply of milk for the inhabitants of the regulated area and for
manufacturing purposes.

(3) Whether the major provisions of the order, other than those fixing
minimum milk prices, are in the public interest and are reasonably
designed to achieve the purposes of the order.

(4) Whether the terms of the proposed regional order or amendment are
approved by producers as provided in subsection thirteen.

13. Producer referendum

(a) For the purpose of ascertaining whether the issuance or amendment of
regulations establishing a compact over-order price or a commission
marketing order, including any provision with respect to milk supply
under subsection 9 (f), is approved by producers, the commission shall
conduct a referendum among producers. The referendum shall be held in a
timely manner, as determined by regulation of the commission. The terms
and conditions of the proposed order or amendment shall be described by
the commission in the ballot used in the conduct of the referendum, but
the nature, content, or extent of such description shall not be a basis
for attacking the legality of the order or any action relating thereto.

(b) An order or amendment shall be deemed approved by producers if the
commission determines that it is approved by at least two-thirds of the
voting producers who, during a representative period determined by the
commission, have been engaged in the production of milk the price of
which would be regulated under the proposed order or amendment.

(c) For purposes of any referendum, the commission shall consider the
approval or disapproval by any cooperative association of producers,
qualified under the provisions of the Act of Congress of February 18,
1922, as amended, known as the Capper-Volstead Act, bona fide engaged in
marketing milk, or in rendering services for or advancing the interests
of producers of such commodity, as the approval or disapproval of the
producers who are members or stockholders in, or under contract with,
such cooperative association of producers, except as provided in
subdivision (1) hereof and subject to the provisions of subdivision (2)
through (5) hereof.

(1) No cooperative which has been formed to act as a common marketing
agency for both cooperatives and individual producers shall be qualified
to block vote for either.

(2) Any cooperative which is qualified to block vote shall, before
submitting its approval or disapproval in any referendum, give prior
written notice to each of its members as to whether and how it intends to
cast its vote. The notice shall be given in a timely manner as
established, and in the form prescribed, by the commission.

(3) Any producer may obtain a ballot from the commission in order to
register approval or disapproval of the proposed order.

(4) A producer who is a member of a cooperative which has provided notice
of its intent to approve or not to approve a proposed order, and who
obtains a ballot and with such ballot expresses his approval or
disapproval of the proposed order, shall notify the commission as to the
name of the cooperative of which he or she is a member, and the
commission shall remove such producer's name from the list certified by
such cooperative with its corporate vote.

(5) In order to ensure that all milk producers are informed regarding the
proposed order, the commission shall notify all milk producers that an
order is being considered and that each producer may register his
approval or disapproval with the commission either directly or through
his or her cooperative.

14. Termination of over-order price or marketing order

(a) The commission shall terminate any regulations establishing an
over-order price or commission marketing order issued under this article
whenever it finds that such order or price obstructs or does not tend to
effectuate the declared policy of this compact.

(b) The commission shall terminate any regulations establishing an
over-order price or a commission marketing order issued under this
article whenever it finds that such termination is favored by a majority
of the producers who, during a representative period determined by the
commission, have been engaged in the production of milk the price of
which is regulated by such order; but such termination shall be effective
only if announced on or before such date as may be specified in such
marketing agreement or order.

(c) The termination or suspension of any order or provision thereof,
shall not be considered an order within the meaning of this article and
shall require no hearing, but shall comply with the requirements for
informal rulemaking prescribed by section four of the Federal
Administrative Procedure Act, as amended (5 U.S.C. § 553).

ARTICLE VI. ENFORCEMENT

15. Records; reports; access to premises

(a) The commission may by rule and regulation prescribe record keeping
and reporting requirements for all regulated persons. For purposes of the
administration and enforcement of this compact, the commission is
authorized to examine the books and records of any regulated person
relating to his or her milk business and for that purpose, the
commission's properly designated officers, employees, or agents shall
have full access during normal business hours to the premises and records
of all regulated persons.

(b) Information furnished to or acquired by the commission officers,
employees, or its agents pursuant to this section shall be confidential
and not subject to disclosure except to the extent that the commission
deems disclosure to be necessary in any administrative or judicial
proceeding involving the administration or enforcement of this compact,
an over-order price, a compact marketing order, or other regulations of
the commission. The commission may promulgate regulations further
defining the confidentiality of information pursuant to this subsection.
Nothing in this subsection shall be deemed to prohibit (i) the issuance
of general statements based upon the reports of a number of handlers,
which do not identify the information furnished by any person, or (ii)
the publication by direction of the commission of the name of any person
violating any regulation of the commission, together with a statement of
the particular provisions violated by such person.

(c) No officer, employee, or agent of the commission shall intentionally
disclose information, by inference or otherwise, which is made
confidential pursuant to this section. Any person violating the
provisions of this subsection shall, upon conviction, be subject to a
fine of not more than one thousand dollars or to imprisonment for not
more than one year, or to both, and shall be removed from office. The
commission shall refer any allegation of a violation of this subsection
to the appropriate state enforcement authority or United States attorney.

16. Subpoena; hearings and judicial review

(a) The commission is hereby authorized and empowered by its members and
its properly designated officers to administer oaths and issue subpoenas
throughout all signatory states to compel the attendance of witnesses and
the giving of testimony and the production of other evidence.

(b) Any handler subject to an order may file a written petition with the
commission stating that any such order or any provision of any such order
or any obligation imposed in connection therewith is not in accordance
with law and praying for a modification thereof or to be exempted
therefrom. He shall thereupon be given an opportunity for a hearing upon
such petition, in accordance with regulations made by the commission.
After such hearing, the commission shall make a ruling upon the prayer of
such petition which shall be final, if in accordance with law.

(c) The district courts of the United States in any district in which
such handler is an inhabitant, or has his principal place of business,
are hereby vested with jurisdiction to review such ruling, provided a
complaint for that purpose is filed within thirty days from the date of
the entry of such ruling. Service of process in such proceedings may be
had upon the commission by delivering to it a copy of the complaint. If
the court determines that such ruling is not in accordance with law, it
shall remand such proceedings to the commission with directions either
(1) to make such ruling as the court shall determine to be in accordance
with law, or (2) to take such further proceedings as, in its opinion, the
law requires. The pendency of proceedings instituted pursuant to this
subdivision shall not impede, hinder, or delay the commission from
obtaining relief pursuant to subsection seventeen. Any proceedings
brought pursuant to subsection seventeen, except where brought by way of
counterclaim in proceedings instituted pursuant to this subsection, shall
abate whenever a final decree has been rendered in proceedings between
the same parties, and covering the same subject matter, instituted
pursuant to this subsection.

17. Enforcement with respect to handlers

(a) Any violation by a handler of the provisions of regulations
establishing an over-order price or a commission marketing order, or
other regulations adopted pursuant to this compact shall:

(1) Constitute a violation of the laws of each of the signatory states.
Such violation shall render the violator subject to a civil penalty in an
amount as may be prescribed by the laws of each of the participating
states, recoverable in any state or federal court of competent
jurisdiction. Each day such violation continues shall constitute a
separate violation.

(2) Constitute grounds for the revocation of license or permit to engage
in the milk business under the applicable laws of the participating
states.

(b) With respect to handlers, the commission shall enforce the provisions
of this compact, regulations establishing an over-order price, a
commission marketing order or other regulations adopted hereunder by:

(1) Commencing an action for legal or equitable relief brought in the
name of the commission of any state or federal court of competent
jurisdiction; or

(2) Referral to the state agency for enforcement by judicial or
administrative remedy with the agreement of the appropriate state agency
of a participating state.

(c) With respect to handlers, the commission may bring an action for
injunction to enforce the provisions of this compact or the order or
regulations adopted thereunder without being compelled to allege or prove
that an adequate remedy of law does not exist.

ARTICLE VII. FINANCE

18. Finance of start-up and regular costs

(a) To provide for its start-up costs, the commission may borrow money
pursuant to its general power under subsection six, paragraph (d),
subdivision four. In order to finance the costs of administration and
enforcement of this compact, including payback of start-up costs, the
commission is hereby empowered to collect an assessment from each handler
who purchases milk from producers within the region. If imposed, this
assessment shall be collected on a monthly basis for up to one year from
the date the commission convenes, in an amount not to exceed $.015 per
hundredweight of milk purchased from producers during the period of the
assessment. The initial assessment may apply to the projected purchases
of handlers for the two-month period following the date the commission
convenes. In addition, if regulations establishing an over-order price or
a compact marketing order are adopted, they may include an assessment for
the specific purpose of their administration. These regulations shall
provide for establishment of a reserve for the commission's ongoing
operating expenses.

(b) The commission shall not pledge the credit of any participating state
or of the United States. Notes issued by the commission and all other
financial obligations incurred by it, shall be its sole responsibility
and no participating state or the United States shall be liable therefor.

19. Audit and accounts

(a) The commission shall keep accurate accounts of all receipts and
disbursements, which shall be subject to the audit and accounting
procedures established under its rules. In addition, all receipts and
disbursements of funds handled by the commission shall be audited yearly
by a qualified public accountant and the report of the audit shall be
included in and become part of the annual report of the commission.

(b) The accounts of the commission shall be open at any reasonable time
for inspection by duly constituted officers of the participating states
and by any persons authorized by the commission.

(c) Nothing contained in this article shall be construed to prevent
commission compliance with laws relating to audit or inspection of
accounts by or on behalf of any participating state or of the United
States.

ARTICLE VIII. ENTRY INTO FORCE;

ADDITIONAL MEMBERS AND WITHDRAWAL

20. Entry into force; additional members

The compact shall enter into force effective when enacted into law by any
three states of the group of states composed of Alabama, Arkansas,
Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North
Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia and West
Virginia and when the consent of Congress has been obtained.

21. Withdrawal from compact

Any participating state may withdraw from this compact by enacting a
statute repealing the same, but no such withdrawal shall take effect
until one year after notice in writing of the withdrawal is given to the
commission and the governors of all other participating states. No
withdrawal shall affect any liability already incurred by or chargeable
to a participating state prior to the time of such withdrawal.

22. Severability

If any part or provision of this compact is adjudged invalid by any
court, such judgment shall be confined in its operation to the part or
provision directly involved in the controversy in which such judgment
shall have been rendered and shall not affect or impair the validity of
the remainder of this compact. In the event Congress consents to this
compact subject to conditions, said conditions shall not impair the
validity of this compact when said conditions are accepted by three or
more compacting states. A compacting state may accept the conditions of
Congress by implementation of this compact. (L. 1999 H.B. 541)

*Word "thus" appears in original rolls.

1. Three delegates from Missouri shall be appointed by the
governor and confirmed by the senate to represent the state on the
southern dairy compact commission, created and provided for in article
III of the compact contained in section 262.700. The delegates shall
include one dairy producer who is engaged in the production of milk at
the time of appointment or reappointment, one consumer representative,
and one dairy processor.

2. Each delegate shall serve for a term of four years and shall serve
diligently and conscientiously and shall strive to achieve the purposes
of the southern dairy compact.

3. Vacancies in delegate positions shall be filled in the same manner as
the original appointments for the unexpired portion of the vacant
delegate's position.

4. Delegates shall receive a per diem not to exceed fifty dollars for
service and traveling expenses incurred in the performance of their
duties as delegates.

5. The director of the department of agriculture may provide funding,
subject to appropriation, as necessary to the delegation during its term.
(L. 1999 H.B. 541)

1. The director of the department of agriculture may, by lawful
means, obtain information pertaining to the dairy industry which he deems
necessary to carry out the purposes of the provisions of the southern
dairy compact. Such information may be utilized by the director, the
delegates, and the southern dairy compact commission.

2. The director may adopt such rules and regulations, in accordance with
chapter 536, RSMo, as are necessary to carry out the purposes of this
chapter and the southern dairy compact. (L. 1999 H.B. 541)

1. No person shall violate the southern dairy compact, or any
rules or regulations adopted pursuant to the compact.

2. In addition to any other penalties provided by law, a fine of one
thousand dollars may be imposed for each violation, licenses may be
revoked or suspended, or an additional fine may be imposed in lieu of
revocation or suspension.

3. Each day on which a violation occurs shall be a separate violation.

4. Fines for violating any rule or regulation shall be subject to the
provisions of chapter 536, RSMo. (L. 1999 H.B. 541)

Sections 262.800 to 262.810 shall be known and may be cited as
the "Farmland Protection Act". The purpose of the farmland protection act
shall be to:

(1) Protect agricultural, horticultural and forestry land;

(2) Promote continued economic viability of agriculture, horticulture and
forestry as a business;

(3) Promote the continued economic viability of those businesses
dependent on providing materials, equipment and services to agriculture,
horticulture and forestry;

(4) Promote quality of life in the agriculture community; and

(5) Protect owners of property used for farming purposes from
unreasonable costs associated with assessments for improvements running
across the land. (L. 2001 S.B. 462)

For purposes of the farmland protection act, "farming purposes"
shall be defined as at least three-fourths of the property used for
farming, tillage of the soil, dairy farming, ranching, production or
raising of crops, poultry or livestock, breeding, pasturing, training or
boarding of equines or mules, and production of poultry or livestock
products in an unmanufactured state. (L. 2001 S.B. 462)

1. This state or any political subdivision of this state shall
hold water and sewer assessments in abeyance, without interest, until
improvements on such property are connected to the water or sewer system
for which the assessment was made. However, if a political subdivision
requires the property to be connected to the sewer system of the
political subdivision pursuant to section 644.027, RSMo, such connection
shall not trigger the payment of the assessment.

2. The provisions of this section shall apply only to tracts of real
property:

(1) Comprised of ten or more contiguous acres; and

(2) Used for farming purposes.

3. At the time improvements on such property are connected to the water
or sewer system, the owner shall pay to the political subdivision an
amount equal to the proportionate charge for the number of system lines
connected to improvements on such property.

4. The owner shall not be charged based on the total cost of running the
water or sewer system to or across the owner's real property. Rather, the
assessment shall be based on:

(1) A reasonable hookup charge;

(2) A proportionate charge for the number of improvements requested to be
connected to such assessments in relation to the total capacity of the
system; and

(3) The anticipated proportionate burden to the system.

5. The period of abeyance shall end when the property ceases to be used
for farming purposes.

6. When the period of abeyance ends, the assessment is payable in
accordance with the terms set forth in the assessment resolution, so long
as such terms are not inconsistent with sections 262.800 to 262.810. To
the extent that such terms are inconsistent, the provisions of sections
262.800 to 262.810 shall control.

7. All statutes of limitation pertaining to action for enforcement of
payment for assessments shall be suspended during the time that any
assessment is held in abeyance without interest.

8. In addition to any other federal, state or local requirements
concerning assessments for improvements, the political subdivision
responsible for assessments shall notify owners of all properties which
are proposed to be assessed of the amount proposed to be charged and the
terms of payment for each improvement and that the property may be
subject to protection according to the provisions of the Missouri
farmland protection act.

(1) The notice shall:

(a) Be provided in writing to the owners and all parties of recorded
interest, at the address listed on records of the county for the receipt
of real property tax statements for such tract of land;

(b) Be sent certified mail, return receipt requested, restricted delivery
to addressee;

(c) Clearly state the total amount of the proposed assessment for said
parcel of real property;

(d) State in the body of the letter as follows:

"As owners of the property proposed to be assessed, you have one hundred
eighty days from the date of receipt of this notice to accept, in
writing, the amount of the assessment stated herein or to dispute the
amount by filing an action in the circuit court of the county where the
real property is located. If your property is comprised of ten or more
contiguous acres, your property may be eligible for protection from
payment of the assessment under the Missouri Farmland Protection Act as
provided in chapter 262, RSMo, and you have sixty days from the date of
receipt of this notice to notify (the political subdivision proposing the
assessment), in writing, of your intent to claim protection for your
property under the Act. Whether or not you claim the protection under the
Farmland Protection Act, you have the right to dispute the amount of the
assessment in circuit court.";

(e) Owners must be given the address for sending notice to the political
subdivision with the letter; and

(f) A copy of the farmland protection act shall be included with the
letter.

(2) An owner claiming protection under the farmland protection act does
not forfeit the right to contest the amount of the assessment.

9. Any owner of property proposed to be assessed who chooses to dispute
the amount of the assessment shall file an action disputing the amount of
the assessment in the circuit court of the county in which the real
property subject to the assessment is located. The action disputing the
assessment must be filed within one hundred eighty days of receipt of the
notice in subsection 8 of this section.

10. Any political subdivision that disputes the applicability of the
farmland protection act to property proposed to be assessed shall file an
action in the circuit court of the county in which the real property
subject to the assessment is located to dispute the applicability of the
farmland protection act to said parcel of real property. Such action must
be filed within thirty days of receipt of the notice of the claim for
protection under the farmland protection act.

11. Nothing in this section shall be construed as diminishing the
authority of counties or other political subdivisions to hold assessments
in abeyance.

12. The provisions of this section shall not apply to public water supply
districts as defined by sections 247.010 to 247.227, RSMo, except that a
public water supply district shall not require payment from landowners
whose property is crossed to service another tract of land until any
improvement on such property is connected to the rural water supply
district. At the time such connection is made, the provisions of the
farmland protection act shall apply.

13. In a city with a population of at least four hundred thousand located
in more than one county, the assessments on a tract of property entitled
to protection pursuant to the provisions of the farmland protection act
shall be held in abeyance except that an initial payment of an amount not
to exceed five hundred dollars per acre of the tract, up to an amount not
to exceed ten thousand dollars may be assessed at the time of final
judgment concerning the amount of the assessment or upon mutual agreement
of the parties as to the amount of the assessment. In all other respects,
the provisions of the farmland protection act shall apply.

14. If a political subdivision files any action challenging the
constitutionality or to have all or any portion declared null and void or
for declaratory judgment of sections 262.800 to 262.810, the state shall
be added as a party to any such action and the attorney general of
Missouri shall defend such action. Any owner of property that is subject
to the provisions of the farmland protection act shall have the right to
be apprised of the status of such action. If the property owner requests
separate representation in writing, the attorney general may appoint a
special assistant attorney general if the property owner asserts an
argument in conflict with the arguments asserted by the attorney general.
Such special assistant attorney general may continue to represent the
property owner for purposes of all appeals. If the political subdivision
fails to prevail, whether in whole or in part, in its action, the entire
cost of providing representation to the landowner, including reasonable
attorney fees and costs, shall be fully reimbursed to the state of
Missouri by the political subdivision. (L. 2001 S.B. 462)

Purchasers of real property within one mile of areas zoned for
agriculture or used for farming purposes as defined by the farmland
protection act contained in sections 262.800 to 262.810 shall be presumed
to have notice of such agriculture zoning or use for farming purposes.
Agricultural zoned land or land used for farming purposes may be used for
commercial or hobby operations that may include but are* not limited to
the following: breeding and rearing of livestock, weaning and treating of
livestock, raising and harvesting of crops, application of fertilizers
and pesticides, dust, noise, odors, gunfire, burning, extended hours of
operation, seasonal operations, timber operations, cultivated and idle
land. Agriculture operations typically consist of open and timbered
spaces that are private property and are not open to the public or to
public access. Agriculture operations contain many hazards, including but
not limited to, open water (including ponds, streams, ditches), open
pits, brush, brush piles, snakes, untamed and unpredictable animals,
electric and barbed fences, storage building and structure, tractors and
equipment, and hidden obstacles. Children and adults are not permitted to
roam, play or trespass on farm or agriculture property. These activities
and conditions may already be regulated by state, federal or local law
and nothing herein is meant to exempt such property from any such laws or
regulations but is simply notification to purchasers that living in a
rural environment does not mean you will live in an environment free of
conditions you find irritating, dangerous, or unpleasant. (L. 2001 S.B.
462)

*Word "is" appears in original rolls.

Property subject to the farmland protection act shall not be
taken in whole or in part by any political subdivision of this state by
eminent domain except after a public hearing pursuant to chapter 610,
RSMo. (L. 2001 S.B. 462)

There is hereby created the "Missouri Wine and Grape Board", a
body politic and corporate, an independent instrumentality exercising
essential public functions, with duties and powers as set forth in
sections 262.820 to 262.859. (L. 2005 S.B. 355)

The purpose of the board shall be to further the growth and
development of the grape growing industry in the state of Missouri. The
board shall have a correlate purpose of fostering the expansion of the
grape market for Missouri grapes. To effectuate these goals, the board
may:

(1) Participate in cooperation with state, regional, national, or
international activities, groups, and organizations whose objectives are
that of developing new and better grape varieties to determine their
suitability for growing in Missouri;

(2) Participate in and develop research projects on improved wine- making
methods utilizing the new grape varieties to be grown in Missouri;

(3) Utilize the individual and collective expertise of the board members
as well as experts in the fields of enology and viticulture selected by
the board, to update and improve the quality of grapes grown in Missouri
and advanced methods of producing wines from these Missouri grapes;

(4) Furnish current information and associated data on research conducted
by and for the board to grape growers and vintners in Missouri as well as
to interested persons considering entering these fields within the state;
and

(5) Participate in subsequent studies, programs, research, and
information and data dissemination in the areas of sales, promotions, and
effective distribution of Missouri wines. (L. 2005 S.B. 355)

As used in sections 262.820 to 262.859, the following terms
shall mean:

(1) "Board", the Missouri wine and grape board established pursuant to
section 262.820;

(2) "Council", the Missouri wine marketing and research council
established pursuant to section 275.462, RSMo. (L. 2005 S.B. 355)

The principal office of the board shall be located in Jefferson
City, Missouri. The board may have offices at such other places as the
board may from time to time designate. The board shall act as the
organization within the department of agriculture charged with the
promotion, research, and advisement of grapes and grape products in
Missouri, and shall be the sole recipient of funding as provided for in
section 311.554, RSMo. (L. 2005 S.B. 355)

Notwithstanding the provisions of any other law to the contrary,
no officer or employee of this state shall be deemed to have forfeited or
shall forfeit his or her office or employment by reason of his or her
acceptance of membership on the board or his or her service thereto. (L.
2005 S.B. 355)

The powers of the board shall be vested in eleven members, who
shall be residents of this state. The board shall be composed of seven
industry members who shall represent the Missouri grape and wine
industry, food service industry, or media marketing industry. These seven
members shall be current members of the Missouri grape and wine advisory
board as of the effective date of this act. Such members shall serve the
remainder of their terms established for the advisory board. Upon the
expiration of the terms of such members, the members of the board
representing the industry shall be appointed by the governor, with the
advice and consent of the senate. Except for ex officio members, each
board member appointed by the governor shall serve a four-year term
ending four years from the date of expiration of the term for which his
or her predecessor was appointed; except that a person appointed to fill
a vacancy prior to the expiration of such a term shall be appointed for
the remainder of the term. No board member appointed under sections
262.820 to 262.859 by the governor shall serve more than two consecutive
full terms. Each appointed board member shall hold office for the term of
the member's appointment and until a successor is appointed and
qualified. The board shall have four ex officio members, including the
president of the Missouri Grape Growers Association, the president of the
Missouri Vintners Association, the president of the Missouri Wine
Marketing and Research Council, and the director of the department of
agriculture. Ex officio members shall be voting members of the board and
their terms will coincide with the time they hold the elected or
appointed office qualifying them to be a member of the board. (L. 2005
S.B. 355)

A board member shall be removed from office by the governor for
malfeasance, willful neglect of duty, or other cause after notice and
public hearing, unless such notice or hearing shall be expressly waived
in writing. (L. 2005 S.B. 355)

The board members shall annually elect from among their number a
chairperson and vice chairperson, and such other officers as they may
deem necessary. (L. 2005 S.B. 355)

The board shall meet in Jefferson City within sixty days of the
effective date of this act to elect a chairperson and vice chairperson of
the board. The committee shall thereafter meet annually, within sixty
days of July first, to elect officers and conduct business of the board.
Additional meetings shall be held at the call of the chairperson or
whenever two board members so request. Six members of the board shall
constitute a quorum, and any action taken by the board under the
provisions of sections 262.820 to 262.859 may be authorized by resolution
approved by a majority, but not less than five, of the board members
present at any regular or special meeting. In the absence of the
chairman, the vice chairman may preside over the annual meeting of the
board or in the absence of the chairman, any meeting requested by two or
more commissioners. No vacancy in the membership of the board shall
impair the right of a quorum to exercise all the rights and perform all
the duties of the board. (L. 2005 S.B. 355)

Board members shall receive no compensation for the performance
of their duties under sections 262.820 to 262.859, but each board member
shall be reimbursed from the funds of the board for actual and necessary
expenses incurred in carrying out the member's official duties under
sections 262.820 to 262.859. (L. 2005 S.B. 355)

The board shall employ an executive director. The executive
director shall be the secretary of the board and shall administer,
manage, and direct the affairs and business of the board, subject to the
policies, control, and direction of the board. The board may employ
technical experts and such other officers, agents, and employees as they
deem necessary, and may fix their qualifications, duties, and
compensation. The executive director of the board shall be paid an amount
to be determined by the board, but not to exceed that of a division
director of the department of agriculture. The executive director and all
other employees of the board shall be state employees and eligible for
all corresponding benefits. The board may delegate to the executive
director, or to one or more of its agents or employees, such powers and
duties as it may deem proper. (L. 2005 S.B. 355)

The secretary shall keep a record of the proceedings of the
board and shall be custodian of all books, documents, and papers filed
with the board and of its minute book. The secretary shall have the
authority to cause to be made copies of all minutes and other records and
documents of the board. (L. 2005 S.B. 355)

The board shall have all of the powers necessary and convenient
to carry out and effectuate the purposes and provisions of sections
262.820 to 262.859, including, but not limited to, the power to:

(1) Receive and accept from any source, aid, or contributions of money,
property, labor, or other things of value to be held, used, and applied
to carry out the purposes of sections 262.820 to 262.859, subject to the
conditions upon which the grants or contributions are made, including,
but not limited to, gifts, or grants from any department, agency, or
instrumentality of the United States for any purpose consistent with
sections 262.820 to 262.859;

(2) To work with and counsel the viticulture and enology experts on the
needs and requirements of grape producers and wine makers so as to
optimize their work in developing the best strains of all grape varieties
related to soil and climate conditions throughout the state and
developing the art of wine making utilizing Missouri produced grapes;

(3) To review progress and final reports from these experts to determine
the potential of economic forecasts for developing the Missouri grape and
wine industries;

(4) To confer and cooperate with similar boards or councils in other
states to further understandings and accords on the grape and wine
industries;

(5) To approve and recommend desirable amendments to these powers of the
board;

(6) To perform such other duties as may be necessary to proper operations
of the board. (L. 2005 S.B. 355)

The board shall, following the close of each fiscal year, submit
an annual report of its activities for the preceding year to the governor
and the general assembly. Each report shall set forth a complete
operating and financial statement for the authority during the fiscal
year it covers. (L. 2005 S.B. 355)

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