Don Rone – Missouri House of Representatives Newsroom

House budget committee adopts stiff cuts to DHSS over Bourbon virus data dispute

House Budget Committee leaders have proposed deep cuts to the office of the Department of Health and Senior Services’ director because the Department has not provided data on a recent virus outbreak that left a state employee dead.

Representative Justin Alferman (photo; Tim Bommel, Missouri House communications – click for larger version)

Committee Vice-Chairman Justin Alferman (R-Hermann) said prior to last week’s budget markup hearing that he would make such cuts if the information was not provided. The Department continued to stand by its argument that it cannot release the requested data without violating the Health Insurance Portability and Accountability Act (HIPAA).

Alferman’s proposal would cut more than $239-thousand in state revenue and another $925-thousand in federal funds from the director’s office. That represents the salaries of seven attorneys in the director’s office, the director, the assistant director, and the legislative liaison.

“We have very little resources at our disposal in order to put checks in with some of these departments, and one of the checks and balances is the power of the purse, and we are absolutely using it right here to get information for the six million Missourians who live in the state,” said Alferman.

Alferman and House Budget Committee Chairman Scott Fitzpatrick (R-Shell Knob) say the information they want – the number of people in Missouri who tested positive for the antibodies to the Bourbon virus, indicating they have had it – would not include specific patient information that would violate HIPAA.

A department spokesperson on Wednesday night told the House Budget Committee two people in Missouri have tested positive for Bourbon virus, but did not offer information on how many have tested positive for the antibodies. The superintendent of eastern Missouri’s Meramec State Park died last year after contracting the virus from a tick bite. Alferman said he wants to know whether there is a risk to public health from the tick-borne illness.

“All of the released information up until this point, 40-percent of all cases of the Bourbon virus have happened in Missouri, so for a state parks worker to pass away from this disease, I don’t think it’s an unrealistic expectation for us … we know testing was done. We want the results of that testing to know … we’re policy makers. Do we need to make a policy change in the state of Missouri to combat this virus? We don’t know because we’re not getting any information back from the Department,” said Alferman.

He said the Department’s rationale is that releasing the number of people tested could allow someone to question park employees about whether they were screened and use a process of elimination to identify who was and was not tested – something Alferman called a “ridiculous” interpretation.

Representative Peter Merideth (photo; Tim Bommel, Missouri House Communications – click for larger version)

Democrats on the budget committee said while they might agree with Alferman about whether the Department should release that data, they don’t agree with cutting the department’s funding.

St. Louis Democrat Peter Merideth said the proposed cut could result in the firing of people in positions which work to enforce laws protecting Missouri’s seniors.

Merideth told a DHSS spokesperson, “I know that [Representative Alferman] has said that he is not trying to be punitive with this but it strikes me as that is all this is. It is punishing you for something that you did that you shouldn’t have done … Maybe there is a very real complaint here that we should have gotten more information from you on a timely basis, but I don’t see how this cut to your budget actually helps address the problem and it looks to me like all it actually does is hurts the people of our state.”

Other Republicans, however, agreed with Alferman. Representative Don Rone (R-Portageville) told the DHSS spokesperson that with as long as this issue has been developing, the DHSS’ director should have been in front of the committee and not a spokesperson. The director was instead in the nation’s capital that night.

“There’s nothing can be, in Washington D.C., any more important than letting the citizens of this state know that if there is a problem … we’ve got a job to do here and that is protect the people of the state of Missouri, and it’s not right that the director is not here, sitting here, taking these questions,” said Rone.

Alferman’s proposed cut was adopted as part of the committee’s budget proposal, which the committee has voted to send to the House floor. It will be debated there next week when lawmakers return from spring break.

Missouri House proposes civil penalties for poaching

The state House has voted to increase fines for poaching because it’s cheaper for non-Missouri residents to poach than to hunt with a license.

Representative Jered Taylor (photo; Tim Bommel, Missouri House Communications)

That’s what Representative Jered Taylor (R-Nixa) told his colleagues when he presented House Bill 1873, which creates a civil penalty for poaching.

“Currently when an individual is caught poaching … the Conservation Department will write a ticket to that individual. It will go to the Fine Collection Center where fines are typically no more than $200, so it’s actually cheaper for an individual from out of state to come into Missouri and not get a hunting permit, attempt to get a deer by poaching illegally, and risk the chance of being caught because the highest it will be is $199, where an out-of-state permit is $250,” said Taylor. “It’s cheaper for them to take that risk.”

Under HB 1873 anyone found guilty of killing, chasing, processing, or disposing of animals listed in the bill must pay restitution, which will go to the school district in which the individual was caught. Penalties would range from between $375 and $750 dollars for a turkey to between $2,500 and $5,000 for a black bear or elk.

The legislation would create a civil penalty of between $500 and $1,000 for each paddlefish taken illegally. Taylor explained that was an addition to this year’s version of the legislation because of growing problems regarding those fish.

“Individuals are collecting the paddlefish, collecting the eggs and selling it – I believe it’s about $200 an ounce for these eggs to use as caviar, and it’s a big problem,” said Taylor.

The bill had widespread support, particularly from lawmakers like Don Rone (R-Portageville), who have been angered by cases of poaching they know of first hand.

Rone said a man from Tennessee came to his district when high water had a number of deer contained in an area.

“There was a world-class buck that we had been following on our farm for four years. We would not shoot this deer because we knew this deer had the capabilities of becoming a world-class buck,” said Rone. “This gentleman killed that deer in the woods when the deer was corralled in the five-acre woods. That’s why we need to have this fine up higher than we have it today … what did he get? $175 fine.”

Taylor said the proposal mainly targets repeat offenders that would be identified by Conservation Department officials and local prosecutors working together.

Backers of the bill said it will help dissuade poachers from taking wildlife away from Missourians, and say Missouri has some of the lowest poaching fines in the country.

The House voted 130-19 to send the bill to the Senate for its consideration.

House budget committee names first target in tax credit reform: wine & grape producers tax credit

The House Budget Committee has taken the first step in what could be a longer, broader process of tax credit reform.

Representative Justin Alferman (photo; Tim Bommel, Missouri House Communications)

The committee must annually clear state agencies to authorize tax credits. When it met this year, it recommended that issuance of the wine & grape producers tax credit not be continued.

Vice-chairman Justin Alferman (R-Hermann) described the decision as a “test run,” because some believe that when the legislature chooses to end a tax credit, it will likely be sued by someone who wants to get the involved credits.

“What does happen? We’re going to eliminate this. If a year goes by and we say, ‘Look, we eliminated this one and everyone respected the legislature and their choice here,’ then maybe we can start going after some of these bigger ones like low-income housing, like historic tax credits; some of the ones that are causing the biggest strain on our budget,” said Alferman.

The wine & grape producers tax credit offers a break on income taxes equal to part of the purchase price for equipment used in making wine or growing grapes. In each of the past two years between $14,000 and $17,000 worth of the credits have been issued, and more than $14,700 was waiting to be redeemed at the end of Fiscal Year 2016. More than $575-million was redeemed across all tax credits in Fiscal Year 2016.

Alferman, whose district includes numerous wineries, said it is an important credit to eliminate.

“It is a great example of a tax credit that has worked but has long outlived its usefulness in our state,” said Alferman. “I believe all tax credits should have a sunset … regardless of if it’s doing good things for our state or if they are simply pork barrel spending, which I believe a lot of them are nothing more than pork barrel spending.”

Alferman said the credit was created to help build the state’s wine industry, and that’s been done. He said now there are people using the credit but creating subpar wines that hurt the industry as a whole, or using imported juice or grapes that would not grow here yet labeling the products as Missouri wines.

He hopes after this the legislature can proceed with more reform of tax credits, which he said have “run rampant.”

“Representative [Don] Rone did a great job of going through and analyzing along with our budget staff. We have over $1.5-billion – with a ‘B’ – of tax credits that have been issued but have not been redeemed. Well what would happen if those all got redeemed in one year? We get just under $10-billion of general revenue taxes in the State of Missouri every year. If those all, for whatever reason, got redeemed in one year, that’s 10-percent of all of our state revenue for GR. That would devastate the state,” said Alferman.

Meanwhile, Governor Eric Greitens (R) created a committee to look at the state’s tax system, including tax credits, and recommend changes. Alferman is hopeful the legislature will be able to work toward tax credit reform along with that committee.

House uses special session to pass bill aiming to bring jobs to Bootheel

The Missouri House worked quickly this week to let the Public Service Commission (PSC) clear the way for some 500 or more jobs in Southeast Missouri.

Representative Don Rone (photo; Tim Bommel, Missouri House Communications)

The House has passed to the Senate a bill that would let the PSC consider lower utility rates for two companies – one that says it will reopen the Noranda aluminum smelter near Marston; the other saying it will to build a new steel mill at New Madrid, both in Southeast Missouri.

Both companies want lower utility rates that would allow those facilities to be profitable. House Bill 1’s main provision would allow the PSC to consider whether to grant those rates.

Its sponsor, Representative Don Rone (R-Portageville), spoke passionately numerous times to his colleagues about the need for jobs in his region and the need for this legislation.

“On behalf of the people from my district I want to thank everybody in this body on both sides of the aisle whether you voted for it or against it, that’s fine. The outcome was good for my people,” said Rone.

House Speaker Todd Richardson (R-Poplar Bluff) said it is poetic that one of the facilities will be in an industrial park that bears the name St. Jude.

“I cannot think of anything more appropriate than to have the patron saint of lost causes be the location for this extraordinary project,” said Richardson. “If you travel across rural Missouri there are people that believe industry is never coming back to rural Missouri … but the notion that we cannot bring industry and we cannot bring business back to rural Missouri is wrong, and we’re going to show it today.”

Similar language passed out of the House during the regular session 148-2, but did not pass out of the Senate. Governor Eric Greitens (R) called legislators back to Jefferson City to reconsider the issue, and it was met with less support.

Some Democrats, including Fred Wessels (D-St. Louis), said granting lower utility rates doesn’t make sense when the state has other incentives to help lure businesses to Missouri.

“This is a nutty way to do business when you have alternative sources,” said Wessels.

Representatives Judy Morgan (D-Kansas City) and Sarah Unsicker (D-St. Louis) were among Democrats who didn’t feel comfortable with the fact that the name of the company proposing the steel mill hasn’t been shared publicly.

“I was just so uncomfortable with the fact that there was no guarantee on the number of jobs, there was no guarantee on a clawback provision, there was no guarantee on a salary … I think I would’ve supported the bill if it had some of those items in it,” said Morgan.

“We’re letting this unknown company dictate the terms of the negotiation without holding their feet to the fire to say, ‘You need to do what you’re promising,” said Unsicker.

Representative Fred Wessels (photo; Tim Bommel, Missouri House Communications)

Some Democrats also contend that if the PSC grants a lower utility rate for those two companies other Ameren customers will have to pay more to make up the difference.

“My constituents, our constituents, don’t really care whether they’re writing a check to the IRS or the Missouri Department of Revenue or to Ameren, I mean it’s still money,” said Representative Tracy McCreery (D-St. Louis). “Should we be doing economic development on the backs of people who pay their electric bills, and is that the right way to make policy for this state?”

Rone said there’s no way to know for sure whether Ameren customers’ rates will increase.

“Everybody’s assuming – they don’t know. What crystal ball are they looking at?” asked Rone. “I’ve been working this since last January and I can’t tell you what the average rate is at that location.”

The special session was called by Greitens one week after Rone called attention to the issue in a passionate floor speech, in which he called several senators “heartless,” and “selfish,” for rejecting his proposal.

Rone’s bill goes to the Senate on the strength of a bipartisan 120-17 vote. It includes a clause that would make it effective immediately upon being signed by the governor.

Legislature called back for extraordinary session to consider Southeast Missouri jobs issue

State lawmakers will return to Jefferson City next week for a special legislative session. Governor Eric Greitens (R) is calling them back to address an economic development issue in Southeast Missouri.

Representative Don Rone (at microphone) (photo; Tim Bommel, Missouri House Communications)

The legislature did not pass in its session that ended last week language that backers say could allow one company to proceed with plans to reopen the Noranda aluminum smelter at Marston; and another company to build a new steel mill at New Madrid, both in Southeast Missouri.

Both companies hope for lower utility rates that would allow those facilities to be profitable. To consider lower rates the Public Service Commission (PSC) says it needs the legislature’s approval.

Representative Don Rone (R-Portageville) attached that language to several bills in the final days of the session, but it did not become law. He said people in that region are in desperate need of jobs, especially after Noranda closed last year eliminating nearly 900 jobs. He said these two projects could create more than 500 new jobs.

Greitens wants legislators to come back and focus on that one issue.

“I cannot thank the governor enough for the people of Southeast Missouri – all of Southeast Missouri,” said Rone. “I can’t tell you what it means to these people here to have hope, and the governor saw fit to give us hope by calling a special.”

The House voted for Rone’s language 148-2, and its support in that chamber is expected to remain high, but at least one senator who Rone said blocked it in that chamber – Senator Doug Libla (R-Poplar Bluff) – remains opposed to the proposal.

Rone said he believes the bill can get through both chambers and to Greitens.

“[Senator Libla] can keep his position. We’ve never asked – in the many conversations I’ve had with him and his people – we’ve never asked him to change his vote. We’ve always asked him just to allow it to come to the floor and let the people in the Senate vote,” said Rone. “All we’re wanting to do is let democracy work, let the 34 senators take vote their conscience, and see where it takes us.”

Rone said the entities behind the two facilities are expected to decide soon whether to give up on progressing with their plans for those two sites. He said if the legislature can quickly pass his bill he is confident those companies will postpone their decisions until they can meet with the PSC.

“I would think that [Governor Greitens] was well aware of the timeline and how critical it is,” said Rone.

The call for the special session comes one week after Rone called attention to the issue in a passionate floor speech in which he called out Libla and two other senators, saying they were, “heartless,” “selfish,” and “egotistical,” in rebuffing his proposal.

The House and Senate will begin the extraordinary session at 4 p.m. Monday.

Southeast MO lawmaker not giving up after impassioned speech doesn’t win jobs amendment passage

A fiery speech from a state representative was not enough to propel language he proposed that aimed to secure hundreds of jobs for his district, where people are struggling after it lost 900 jobs last year.

Representative Don Rone (R-Portageville) said the legislature needed to act to allow one company to proceed with plans to reopen an aluminum smelter, and another to build a new steel plant, both in southeast Missouri. Both companies are hoping for lower utility rates that would allow the facilities to be profitable, but the Public Service Commission needed the General Assembly’s approval to even consider setting lower rates.

Rone attached language to multiple bills that would’ve given the PSC that approval, but it wasn’t passed before the session ended on Friday. That was despite an impassioned speech from Rone, who called out three senators for blocking his language.

Earlier story: Frustrated Representative calls out senators as ‘heartless,’ ‘selfish’ for blocking jobs in Southeast Missouri

“I got a little passionate there at the end and it’s because I work for the people of my district really hard and I take it very serious, and I was disappointed in the outcome,” said Rone.

Rone said the only hope now is for Governor Eric Greitens (R) to call the legislature back together for a special session to consider the issue.

“I will be reaching out to ask him to consider a special session to address this issue,” said Rone.

Special sessions are both rare and expensive and offer no guarantee of success, especially with Rone’s proposal opposed by some in the Senate. Rone points out the legislature has been called into special sessions in similar situations in the past, when economic development and jobs were on the line in the St. Louis and Kansas City regions.

Rone said the impact in his region would reach beyond the 500-plus people he said would get new jobs from the two new facilities.

“500 jobs would probably relate to 2,000 people and all of the secondary jobs that would come around. Restaurants staying open, businesses staying open, our port facilities becoming even a greater asset to us here at New Madrid because of bringing in the alumina to make aluminum, back in to bringing the scrap metal in to making steel. Our port becomes even more valuable than it is today,” said Rone.

Rone said he understands that there is little time for the entities considering moving forward with those plants to make a decision.

“The gentleman is wanting to make a decision, I understand, by the end of May for the steel plant, and the Magnitude 7 people that are dealing with the aluminum mill, they’re out money every month to maintain that facility, to put guards up to maintain that facility, and I question how long that they will be willing to have money going out and nothing coming in,” said Rone.

Rone said his district is in need of these jobs as much as any portion of the state, particularly after the closure last year of the Noranda alumni smelter. He said the major industry in the region – agriculture – is in need of fewer people to work because of advances in technology.

“I tell my friends in the legislature if they want to see poverty, come to southeast Missouri,” said Rone.

Rone’s speech last week raised eyebrows not only in the Capitol but in much of the state, when he accused three senators of being selfish, egotistical, and heartless in rejecting his proposal. Normally soft-spoken and even in his tone, Rone became so emotional during his speech that he developed a nose bleed before sitting down. In response the House overwhelmingly voted to attach his language to the bill that was before it, after giving him a standing ovation as a show of support.

Frustrated representative calls out senators as ‘heartless,’ ‘selfish’ for blocking jobs in Southeast Missouri

Frustration with the state Senate boiled over on the House Floor as one representative called out three Senators he called “heartless,” “selfish,” and “egotistical.”

Representative Don Rone (R-Portageville) told his colleagues he was rebuffed when he went to some senators seeking support for a measure that would allow the reopening of an aluminum plant and the construction of a steel mill in southeast Missouri.

Scroll to the bottom of the story to hear Rep. Rone’s entire speech.

The amendment would authorize the Public Service Commission to set a lower utility rate so the aluminum plant could be profitable. Rone said that would have restored more than 400 of the jobs lost when the Noranda smelter shut down last year, and the new steel mill would create around 200 jobs.

“My people lost 900 jobs, but we had the ability to bring back 500 of em, plus, and all we had to do was give the Public Service Commission the right to negotiate,” said Rone.

Rone, normally soft-spoken and calm in debates, became emotional when describing what happened when he and other representatives from southeast Missouri went to the Senate seeking support for the amendment, which had been added to Senate Bill 302.

“King [Senator Doug] Libla sitting over on the far side telling [Senator Rob] Schaaf to come over and talk to me and the rest of us and try to convince us that their way was the right way. The first thing Schaff did was pull a piece of paper out and slap it in my face and said, ‘This is how much money that these senators got,’” said Rone.

Rone was asking his fellow House members to vote to add his amendment to another bill, Senate Bill 124. They listened intently as he grew more passionate.

“I have traveled this entire United States and I have dealt with a lot of people … but I’m here to tell you that I have never dealt with, don’t ever want to deal with, the most selfish, the heartless, egotistical people as Libla, as [Senator Gary] Romine, in my life. Never.” said Rone.

Rone claimed when Senator Romine was asked whether he was, “willing to walk away from 500 jobs,” Romine’s response was, “You bet.”

“Now isn’t that a fine how do you do when we’re offering them 500 jobs at no cost to the state of Missouri, shovel ready, ready to go, 120 days and we’re doing something,” said Rone.

Rone pleaded with his fellows to again support his amendment so the bill could be sent back to the Senate as a “last-ditch” effort to give the PSC the authorization Rone said it needs.

“I serve some of the finest people you ever want to be with, but they are so poor. They are all so poor,” said Rone. “Thank you all so much. You all agreed to do it, but anything that goes on [in the Senate] we shouldn’t even pass anything that they do, because they’re heartless, they’re selfish, and I’m asking you to pass this amendment.”

Rone was given a standing ovation by the members, many of whom have criticized the Senate this session for what they’ve called “dysfunction,” or a “lack of integrity.”

His amendment was adopted 148-2.

Click here to hear representative Rone’s entire speech on the House Floor.

Missouri Legislature approves House Bill to toughen penalties for illegal herbicide use

The legislature has passed a House bill that would toughen penalties for those who illegally apply herbicides.

Representative Don Rone says hundreds of farmers in the Bootheel suffered damage due to illegal herbicide use. (photo; Tim Bommel, Missouri House Communications)

House Bill 662, sponsored by Portageville Republican Don Rone, was filed in response to incidents last year in which farmers applied the product dicamba, resulting in damage to neighboring farmers’ crops that used seeds not resistant to that herbicide. With Thursday’s vote, the bill goes to Governor Eric Greitens (R) for his consideration.

Under the bill if the Department of Agriculture finds someone has used a particular herbicide on a crop for which its manufacturer did not intend its use, the Department can fine that person up to $10,000. If that person violates the bill’s provisions twice in three years, the fine can be up to $25,000.

The House had proposed fines up to up $1,000 per acre on which the herbicide had been applied and up to $2,000 per acre for what the bill terms “chronic violators.” The Senate changed those fines and the legislature adopted the Senate’s version.

Rone explained the Senate’s proposal could actually be tougher on a violator.

“When you put that into a per-violation, it will become a larger penalty than we had at $1,000 an acre,” said Rone. “What I mean by that is if you look at this document that I just received at our local distributor, there’s 11 items on here that you have to do to use the compound of dicamba. Each one of those, if you don’t do that, is a violation. So this, if you didn’t do any of these things that the label requires you to do, that’s $110,000 for a field, so they really did increase the ability to fine someone for the illegal use of it.”

Rone said farmers whose crops are damaged by improper herbicide application could still go to court to seek civil penalties against those responsible.

After the House agreed with the senate and approved House Bill 662, House Speaker Todd Richardson signs it so it can be sent to Governor Eric Greitens for his consideration. (photo; Tim Bommel, Missouri House Communications)

The bill includes an emergency clause, which means it would become effective immediately upon being signed by Governor Greitens. Normally legislation goes into effect on August 28 unless otherwise specified.

St. Louis Democrat Tracy McCreery said that emergency clause is important.

“It’s because we’re dealing with planting seasons and growing seasons and that kind of thing, so this absolutely, for it to have any teeth, has to go into effect before August 28 or we will have missed our window of time to make a difference,” said McCreery.

The bill also gives the Department additional powers to investigate claims of illegal uses. Farmers penalized for illegal uses would be liable to the Department for its expenses and for personal property affected.

Fines collected under HB 662 would go to the school district local to the effected farms.

A University of Missouri Extension plant sciences expert told lawmakers 150 or more farmers last year lost an average of 35-percent of the crops when wind and temperature changes caused illegally applied herbicide to spread onto nearby fields.

Though such improper use of herbicides is illegal, Rone said many farmers would still do it if it offered them an advantage because current fines are not enough of a deterrent.

The House voted to pass HB 662, 143-12. Governor Greitens could sign the bill into law, veto it, or allow it to become law without taking action on it. Rone and other legislators are hopeful he will sign it into law in time for farmers to begin work toward planting season.

Earlier stories:

Missouri House proposes bigger fines for illegally applying herbicides, after Bootheel farmers’ losses

House asked to consider tougher penalties for illegal herbicide use that cost farmers crops

Missouri House proposes bigger fines for illegally applying herbicides, after Bootheel farmers’ losses

The state House has proposed tougher penalties for farmers who intentionally misapply herbicides. Such applications have cost some farmers crops and the money invested in them, as highlighted by incidents in Southeast Missouri last year.

Representative Don Rone said fines had to be great enough to hurt some farmers' bottom line before they would stop illegal application of herbicides. (photo; Tim Bommel, Missouri House Communications) — Representative Don Rone said fines had to be great enough to hurt some farmers’ bottom line before they would stop illegal application of herbicides. (photo; Tim Bommel, Missouri House Communications)

The University of Missouri said 150 or more farmers lost an average of 35-percent of their crops when neighboring operations illegally used an outdated dicamba product. When that product spread onto nearby fields planted with seeds not resistant to dicamba, they were damaged.

Farmers can now be fined $1,000 for applying herbicide to a crop for which it is not labeled. House Bill 662 would let the Department of Agriculture fine a farmer up to $1,000 for every acre herbicide is applied to, off-label. The fine could be doubled for repeat violators.

The bill is sponsored by Portageville Republican Don Rone, who said the current, flat $1,000 fine is not enough to discourage some farmers from using products they think will better serve them.

“What this does is just basically give the state the ability go after the people that misuse herbicides in the state,” said Rone.

The money collected in fines would go to the school district local to the affected fields. Rone explained the state’s statutes prevent it from giving that money to farmers who suffered damage.

“The state cannot make farmers whole. They can issue fines but they can’t make the farmer whole,” said Rone. “That takes the action of a court, or in the old days when I first started farming, if I hurt you, I’d come to you and say, ‘Gentleman how much do you think that I hurt you?’ and I’d write you a check.”

The House voted to add an emergency clause to the bill, which would make it effective immediately upon being signed into law by the governor. Rone hopes the bill can clear the Senate and be signed into law by mid-March so that it will be in effect for the new planting season.

Earlier stories:

House Asked to consider tougher penalties for illegal herbicide use that cost farmers crops

Lawmaker plans to propose tougher penalties for illegal use of herbicides after Bootheel farmers’ losses

House committee hearing to focus on farmers’ losses due to illegal use of herbicide

House asked to consider tougher penalties for illegal herbicide use that cost farmers crops

The House is considering a bill meant to stop illegal herbicide use that in 2016 cost 150 or more farmers part of their crops.

Kevin Bradley with the University of Missouri told the House Committee on Agriculture Policy those farmers lost an average of 35-percent of their crops, when neighboring farmers used an outdated dicamba product. Wind and temperature changes caused that product to spread onto nearby fields. Because the product was drifting onto fields not planted with seeds resistant to it, those crops were damaged.

Bradley said some farmers did not want to answer its questions, so more than 150 might have been impacted.

Portageville Republican Don Rone has sponsored House Bill 662, which would fine a farmer a civil penalty of $1,000 for every acre on which a product is spread illegally. The current fine is a flat $1,000, which Rone says is not enough.

“I think $1,000 an acre is a substantial deterrent to a grower to misuse a compound,” Rone told the committee.

That per-acre fine would be doubled for farmers who repeatedly violate the new law. The money collected in fines would go to the local school district.

The bill would also give the Department of Agriculture additional powers to investigate claims of illegal uses. Farmers penalized for illegal use would be liable to the Department for its expenses and for personal property affected.

It would also require the makers of dicamba or other volatile compounds to train those using them, and require those wishing to use them to complete that training before they can buy it.

Farmers who sustain losses would not receive compensation under the bill, and would still have to seek it by taking those responsible to court.

Rone’s bill includes an emergency clause, which would make it effective immediately upon being signed by the governor. He said without that, the law would take effect in August; that’s too late to impact the 2017 planting season.

He wants to see it become law before legislators go on their spring break next month.

“If we can’t make this cross the finish line before break, there’s no use of even … it’s not going to affect much because it’s not going to have any bearing on what they can do and what they can’t do,” Rone said.

HB 662 has the support of the Missouri Soybean Association, the Missouri Corn Growers Association, and the Missouri Farm Bureau. No one testified against it in the hearing.

The committee is anticipated to vote on Rone’s bill on Tuesday.