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S1076...............................................by AGRICULTURAL AFFAIRS
NURSERIES - FLORISTS - Amends existing law to raise the amount of gross
sales from $50.00 to $500 for licensure requirements for nurseries or
florists; and to provide for inspection of nursery or florist stock in the
possession of exempted persons when the Department of Agriculture has
reason to believe there may be a pest concern or quarantine violation.
02/01 Senate intro - 1st rdg - to printing
02/02 Rpt prt - to Agric Aff
02/09 Rpt out - rec d/p - to 2nd rdg
02/10 2nd rdg - to 3rd rdg
02/11 3rd rdg - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry, Richardson,
Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Crow, Hawkins
Floor Sponsor - Keough
Title apvd - to House
02/12 House intro - 1st rdg - to Agric Aff
03/03 Rpt out - rec d/p - to 2nd rdg
03/04 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 65-1-4
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Jones, Judd, Kempton, Kendell, Kunz, Lake, Limbaugh, Linford,
Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
Moyle, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer,
Sellman, Smylie, Stoicheff, Stone, Taylor, Tilman, Tippets, Trail,
Watson, Wheeler, Williams, Wood, Zimmermann
NAYS -- Kellogg
Absent and excused -- Pischner, Smith, Stevenson, Mr Speaker
Floor Sponsor - Judd
Title apvd - to Senate
03/11 To enrol
03/12 Rpt enrol - Pres signed
03/15 Sp signed
03/16 To Governor
03/18 Governor signed
Session Law Chapter 83
Effective: 07/01/99
S1076|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1076 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO NURSERIES AND FLORISTS; AMENDING SECTION 22-2305, IDAHO CODE, TO 3 RAISE THE AMOUNT OF GROSS SALES FROM FIFTY DOLLARS TO FIVE HUNDRED DOLLARS 4 AFTER WHICH A LICENSE IS REQUIRED AND TO PROVIDE FOR INSPECTION OF NURSERY 5 OR FLORIST STOCK IN THE POSSESSION OF EXEMPTED PERSONS WHEN THE DEPARTMENT 6 OF AGRICULTURE HAS REASON TO BELIEVE THERE MAY BE A PEST CONCERN OR QUAR- 7 ANTINE VIOLATION. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 22-2305, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 22-2305. LICENSE REQUIRED -- SCHEDULE OF FEES. (1) It shall be unlawful 12 for any person to engage in, conduct, or carry on the business of propagating, 13 growing, selling, dealing in, or importing into this state, for sale or dis- 14 tribution, any nursery or florist stock, or to engage in landscape designing, 15 or to act as agent, salesman, or solicitor for any nurseryman, florist, land- 16 scape contractor, or dealer in nursery or florist stock without first obtain- 17 ing a license to do so from the Idaho department of agriculture, and it shall 18 be unlawful for any person to falsely represent that he is the agent, sales- 19 man, solicitor, or representative of any nurseryman, florist, landscape con- 20 tractor, or dealer in nursery or florist stock. 21 (2) The provisions of this chapter shall not apply to the sale of plants, 22 shrubs, scions, or florist stock by anyoneperson 23 not regularly engaged in that business when said sales are only incident to 24 the seller's farming or gardening operations and the total amount of gross 25 annual sales by such seller does not exceedfiftyfive hun- 26 dred dollars ($50.00). The department shall have the 27 authority to inspect any nursery or florist stock in the possession of any 28 person exempted by this subsection, when it has reason to believe that there 29 may be a pest concern or quarantine violation. 30 (3) Every nurseryman or florist, landscape contractor, dealer, or 31 importer of nursery or florist stock, or collector of native plants for sale 32 shall make application for a license therefor to the Idaho department of agri- 33 culture upon a form to be prescribed and furnished by said department, pay to 34 said department the license fee as provided in subsection (4) of this section. 35 No license shall be issued until the applicant therefor shall have paid the 36 fee hereinafter provided. 37 (4) Nurseries required to be licensed shall consist of nurserymen, 38 florists, dealers, landscape contractors, and importers of nursery or florist 39 stock, and collectors of native plants for sale, and they shall pay a license 40 fee of seventy-five dollars ($75.00) for their principal place of business. 41 Nurseries with more than one (1) retail outlet shall identify the number and 42 location of such additional outlets on the license application and pay an 43 additional seventy-five dollars ($75.00) for each such additional outlet. The 2 1 license number shall be prominently displayed in each outlet. Should the 2 holder of a nursery license add one (1) or more outlets during the license 3 year, the department must be notified and the seventy-five dollar ($75.00) 4 surcharge for each such outlet paid immediately. 5 (5) Dealers shall keep accurate records of their sales and transactions 6 involving nursery or florist stock and shall produce the same at any time when 7 so required by the Idaho department of agriculture. At any hearing in which 8 the amount of license fee to be paid by any person is involved or any ques- 9 tions as to such person's claim for exemption from the provisions of this 10 chapter, such person shall have the burden of proof to establish his claim. 11 (6) A license fee for an agent as defined in section 22-2302, Idaho Code, 12 is twenty-five dollars ($25.00) per annum for each principal that the agent 13 represents. Agents soliciting sales only from persons licensed under this 14 chapter shall be exempt from licensing fees. 15 (7) The fees for nursery or florist stock inspection and special services 16 performed for persons not required to be licensed shall be as provided in 17 rules promulgated by the director.
STATEMENTOFPURPOSE
RS08775
This is a revision of the Idaho Nursery and Florist's Law first enacted in 1984 and revised in
1998. This revision entails raising the minimum gross sales required to obtain a Nursery or
Florists license from $ 50.00 to $ 500.00 It also grants the Idaho State Department of
Agriculture the authority to inspect nursery and florists stock held by persons exempted ffom the
licensing provision of this act if it has reason to believe that there may be a pest concern or
quarantine violation. The Department has that authority currently and this provision simply
makes it clear that the exemption granted here would nor remove that authority from them.
FISCAL NOTE |
Based on 1998 registration figures for class "B" registrations (less than $ 1,000 gross annual
sales) there were 277 registrants. If half of these become exempted under the proposed revision,
based on the $75.00 license fee of the new law that became effective July 1, 1998, the
Department could expect to lose $ 6,925.00 to the licensing and inspection program and $ 3,
264.50 to the Nursery and Florist Industry Research Account.
CONTACT:
Senator Shawn Keough
208-332-1340 (Boise offfice)
208-263-1839 (home)
Mike Cooper, Department of Ag
208-332-8620
STATEMENT OF PURPOSE/FISCAL NOTE S 1076