275.350. Fees, collection of, commodity council merchandising fund created, lapse into general revenue prohibited--disposition of funds.

MISSOURI STATUTES AND CODES

275.350. Fees, collection of, commodity council merchandising fund created, lapse into general revenue prohibited--disposition of funds.

Fees, collection of, commodity council merchandising fund created,lapse into general revenue prohibited--disposition of funds.

275.350. 1. Any fee imposed under the commodity merchandisingprogram shall be collected by the appropriate commodity council whetherdirectly from the producers or indirectly from the handlers or processorsas stipulated by the provision of the commodity merchandising program. Thecouncils are authorized to contract with the director pursuant tosubsection 5 of this section to perform the duties of this section. Thedirector shall transfer any fees collected to the director of revenue.

2. If any merchandising fee is unpaid on the date on which the feewas due and payable, a penalty of one percent per month shall apply fromand after that date until payment plus the penalty is received by thedirector. If, after due notice, any person defaults in any payment of thefee or penalties thereon, the amount due may be collected by civil action,and the person adjudged in default shall pay the costs of the action. Theattorney general or, if requested by the attorney general, the prosecutingattorney of any county, in which a cause of action arose under theprovisions for the collection of fees due and unpaid shall institute properaction in the courts of this state for the collection of fees and penaltiesthereon due and unpaid. The statute of limitation period for theinstitution of suit for collection shall be one year.

3. All fees paid to the director for administration pursuant tosection 275.370 shall be credited to the "Commodity Council MerchandisingFund" which is hereby created. All money credited to the commodity councilmerchandising fund shall be appropriated by the general assembly for theuse and benefit of the state department of agriculture and specified in theannual appropriations to said state department to be for administration ofthe commodity merchandising programs. The unexpended balance in thecommodity council merchandising fund at the end of the annual period shallnot be transferred to the ordinary revenue fund of the state treasurer andaccordingly shall be exempt from the provisions of section 33.080, RSMo,relating to transfer of funds to the ordinary revenue funds of the state bythe treasurer.

4. The revisions to the commodity merchandising councils act made bythis section and effective July 10, 1998, shall not be deemed to be a majorchange for purposes of section 275.330.

5. The director may enter into contracts with appropriate commoditycouncils, at the request of the commodity councils, to collect, audit andadminister checkoff funds and may retain only such fees for the cost ofsuch services, to be deposited into the commodity council merchandisingfund. Such contracts shall be implemented as follows:

(1) All other fees paid to the director shall not be considered statefunds and shall be administered by the director of revenue pursuant toarticle IV, section 15 of the Missouri Constitution. The department ofagriculture shall keep accurate records of the amount of money collectedfor each council and the records shall be open to the inspection ofofficers of the councils. The director shall provide the director ofrevenue with the information and reports necessary to facilitate accuratedistribution of moneys to the appropriate councils;

(2) Not later than the tenth day of each month, the director ofrevenue shall distribute all moneys deposited as nonstate funds during thepreceding month to the treasurers of the appropriate councils, less allauthorized refunds paid during the preceding month. Moneys collectedpursuant to national commodity assessment programs shall be distributedpursuant to law.