1999 Legislation
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SENATE BILL NO. 1076 – Nursery/florist, inspection, licns

SENATE BILL NO. 1076

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Daily Data Tracking History



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

Bill Text


S1076


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN 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 any one   person 
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 exceed  fifty   five hun-
26    dred  dollars ($5 0. 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.

Statement of Purpose / Fiscal Impact


                          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