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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1422
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
5916S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 262.820, 262.826, 262.835, and 262.856, RSMo, and section 311.554 as enacted
by house bill no. 1041, one hundred third general assembly, first regular session, and
to enact in lieu thereof five new sections relating to the Missouri wine, grape, and spirits
board.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 262.820, 262.826, 262.835, and 1
262.856, RSMo, and section 311.554 as enacted by house bill no. 2
1041, one hundred third general assembly, first regular 3
session, are repealed and five new sections enacted in lieu 4
thereof, to be known as sections 262.820, 262.826, 262.835, 5
262.856, and 311.554, to read as follows:6
262.820. There is hereby created the "Missouri Wine 1
[and], Grape, and Spirits Board", a body politic and 2
corporate, an independent instrumentality exercising 3
essential public functions, with duties and powers as set 4
forth in sections 262.820 to 262.859. 5
262.826. As used in sections 262.820 to 262.859, the 1
following terms shall mean: 2
(1) "Board", the Missouri wine [and], grape, and 3
spirits board established pursuant to section 262.820; 4
(2) "Council", the Missouri wine marketing and 5
research council established pursuant to section 275.462; 6
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(3) "Distilled spirits", beverages produced by 7
distillation from fermented grain, fruit, or other 8
agricultural products. 9
262.835. The powers of the board shall be vested in 1
eleven members, who shall be residents of this state. [The 2
board shall be composed of seven industry members who shall 3
represent the Missouri grape and wine industry, food service 4
industry, or media marketing industry. These seven members 5
shall be current members of the Missouri grape and wine 6
advisory board as of the effective date of this act. Such 7
members shall serve the remainder of their terms established 8
for the advisory board. Upon the expiration of the terms of 9
such members, the members of the board representing the 10
industry shall be appointed by the governor, with the advice 11
and consent of the senate. Except for ex officio members,] 12
Each board member shall be appointed by the governor [shall] 13
with the advice and consent of the senate as follows: five 14
members shall be from the grape and wine industry, three 15
members shall be from the distilled spirits industry, one 16
member shall be a representative of the Missouri division of 17
tourism, one member shall be a representative of the 18
Missouri department of agriculture, and one member shall be 19
a member of the public with expertise in marketing or 20
economic development. Each member shall serve a four-year 21
term ending four years from the date of expiration of the 22
term for which his or her predecessor was appointed; except 23
that a person appointed to fill a vacancy prior to the 24
expiration of such a term shall be appointed for the 25
remainder of the term. No board member appointed under 26
sections 262.820 to 262.859 by the governor shall serve more 27
than two consecutive full terms. Each appointed board 28
member shall hold office for the term of the member's 29
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appointment and until a successor is appointed and 30
qualified. [The board shall have four ex officio members, 31
including the president of the Missouri Grape Growers 32
Association, the president of the Missouri Vintners 33
Association, the president of the Missouri Wine Marketing 34
and Research Council, and the director of the department of 35
agriculture. Ex officio members shall be voting members of 36
the board and their terms will coincide with the time they 37
hold the elected or appointed office qualifying them to be a 38
member of the board.] 39
262.856. The board shall have all of the powers 1
necessary and convenient to carry out and effectuate the 2
purposes and provisions of sections 262.820 to 262.859, 3
including, but not limited to, the power to: 4
(1) Receive and accept from any source, aid, or 5
contributions of money, property, labor, or other things of 6
value to be held, used, and applied to carry out the 7
purposes of sections 262.820 to 262.859, subject to the 8
conditions upon which the grants or contributions are made, 9
including, but not limited to, gifts, or grants from any 10
department, agency, or instrumentality of the United States 11
for any purpose consistent with sections 262.820 to 12
262.859. All moneys collected under this subdivision shall 13
be deposited into the Missouri wine and grape fund, 14
established under section 311.554; 15
(2) To conduct research and work with and counsel the 16
viticulture [and], enology, and distillation experts on the 17
needs and requirements of grape producers and wine makers so 18
as to optimize their work in developing the best strains of 19
all grape varieties related to soil and climate conditions 20
throughout the state and developing the art of wine making 21
utilizing Missouri produced grapes; 22
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(3) To review progress and final reports from these 23
experts to determine the potential of economic forecasts for 24
developing the Missouri grape and wine industries; 25
(4) To [confer and cooperate with similar boards or 26
councils in other states to further understandings and 27
accords on the grape and wine industries] develop 28
initiatives to promote the production and sale of Missouri 29
wine, grapes, and distilled spirits, including but not 30
limited to cooperative advertising and branding; 31
(5) To coordinate with the division of tourism to 32
promote beverage tourism in the state; 33
(6) To approve and recommend desirable amendments to 34
these powers of the board; and 35
[(6)] (7) To perform such other duties as may be 36
necessary to proper operations of the board. 37
311.554. 1. In addition to the charges imposed by 1
section 311.550, there shall be paid to and collected by the 2
director of revenue for the privilege of selling wine, an 3
additional charge of ten and one-half cents per gallon or 4
fraction thereof. The additional charge shall be paid and 5
collected in the same manner and at the same time that the 6
charges imposed by section 311.550 are paid and collected. 7
2. Until June 30, 2006, the revenue derived from the 8
additional charge imposed by subsection 1 shall be deposited 9
by the state treasurer to the credit of a separate account 10
in the marketing development fund created by section 11
261.035. Beginning July 1, 2006, the revenue derived from 12
such additional charge shall be deposited by the state 13
treasurer in the Missouri wine and grape fund created by 14
this section. Moneys to the credit of both the marketing 15
development fund and the Missouri wine and grape fund shall 16
be used only for market development in developing programs 17
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for growing, selling, and marketing of grapes and grape 18
products grown in Missouri, including all necessary funding 19
for the employment of experts in the fields of viticulture 20
[and], enology, and distillation as deemed necessary, and 21
programs aimed at improving marketing of all varieties of 22
grapes grown in Missouri; and shall be appropriated and used 23
for no other purpose. Beginning August 28, 2026, all moneys 24
collected by the Missouri wine, grape, and spirits board 25
pursuant to section 262.856 shall be deposited into the 26
Missouri wine and grape fund to carry out the provisions of 27
this section. 28
3. There is hereby created in the state treasury the 29
"Missouri Wine and Grape Fund", which shall consist of money 30
collected under this section. The state treasurer shall be 31
custodian of the fund and shall approve disbursements from 32
the fund to the department of agriculture for use solely by 33
the Missouri wine [and], grape, and spirits board created 34
under section 262.820 in accordance with sections 30.170 and 35
30.180. Upon appropriation, money in the fund shall be used 36
solely for the administration of this section. 37
Notwithstanding the provisions of section 33.080 to the 38
contrary, any moneys remaining in the fund at the end of the 39
biennium shall not revert to the credit of the general 40
revenue fund. The state treasurer shall invest moneys in 41
the fund in the same manner as other funds are invested. 42
Any interest and moneys earned on such investments shall be 43
credited to the fund. 44
4. In addition to the charges imposed by subsection 1 45
of this section and section 311.550, there shall be paid to 46
and collected by the director of revenue for the privilege 47
of selling wine an additional charge of ten and one-half 48
cents per gallon or fraction thereof. Until June 30, 2006, 49
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this additional ten and one-half cents per gallon shall be 50
deposited by the state treasurer to the credit of a separate 51
account in the marketing development fund created by section 52
261.035. Beginning July 1, 2006, the revenue derived from 53
such additional charge shall be deposited by the state 54
treasurer in the Missouri wine and grape fund created in 55
this section. 56
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