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H0392...............................................by AGRICULTURAL AFFAIRS
AGRICULTURE - NURSERIES - Amends existing law to increase certain license
fees for nurseries.
01/23 House intro - 1st rdg - to printing
01/24 Rpt prt - to Agric Aff
02/05 Rpt out - rec d/p - to 2nd rdg
02/06 2nd rdg - to 3rd rdg
02/13 3rd rdg - PASSED - 54-15-1
AYES -- Anderson, Andrus, Bedke, Bell, Bilbao, Black, Block, Bock,
Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
Collins, Durst, Eskridge, Hart, Henbest, Henderson, Killen, King,
Lake, LeFavour, Luker, Marriott, Mathews, McGeachin, Mortimer,
Pasley-Stuart, Patrick, Pence, Ringo, Roberts, Ruchti, Rusche,
Sayler, Shepherd(02), Shepherd(08), Shirley, Shively, Smith(30),
Smith(24), Snodgrass, Stevenson, Thayn, Thomas, Trail, Wills,
Wood(27), Wood(35), Mr. Speaker
NAYS -- Barrett, Bayer, Bowers, Crane, Hagedorn, Harwood, Kren,
Labrador, Loertscher, Moyle, Nielsen, Nonini, Raybould, Schaefer,
Vander Woude
Absent and excused -- Jaquet
Floor Sponsor - Pence
Title apvd - to Senate
02/14 Senate intro - 1st rdg - to Agric Aff
02/27 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
03/05 3rd rdg - PASSED - 27-3-5
AYES -- Bair, Bastian, Bilyeu, Broadsword, Burkett, Cameron, Coiner,
Corder, Darrington, Goedde, Hammond, Heinrich, Hill, Jorgenson,
Kelly, Keough, Langhorst, Little, Lodge, Malepeai(Sagness), McGee,
McKenzie, Richardson, Schroeder, Siddoway, Stennett, Werk
NAYS -- Fulcher, McKague, Pearce
Absent and excused -- Andreason, Davis, Gannon, Geddes, Stegner
Floor Sponsor - Stennett
Title apvd - to House
03/06 To enrol
03/07 Rpt enrol - Sp signed
03/10 Pres signed
03/11 To Governor
03/17 Governor signed
Session Law Chapter 130
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 392 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO NURSERY LICENSES; AMENDING SECTION 22-2305, IDAHO CODE, TO 3 INCREASE CERTAIN LICENSE FEES AND TO MAKE TECHNICAL CORRECTIONS. 4 Be It Enacted by the Legislature of the State of Idaho: 5 SECTION 1. That Section 22-2305, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 22-2305. LICENSE REQUIRED -- SCHEDULE OF FEES. (1) It shall be unlawful 8 for any person to engage in, conduct, or carry on the business of propagating, 9 growing, selling, dealing in, or importing into this state, for sale or dis- 10 tribution, any nursery or florist stock, or to engage in landscape designing, 11 or to act as agent, salesman, or solicitor for any nurseryman, florist, land- 12 scape contractor, or dealer in nursery or florist stock without first obtain- 13 ing a license to do so from the Idaho department of agriculture, and it shall 14 be unlawful for any person to falsely represent that he is the agent, sales- 15 man, solicitor, or representative of any nurseryman, florist, landscape con- 16 tractor, or dealer in nursery or florist stock. 17 (2) The provisions of this chapter shall not apply to the sale of plants, 18 shrubs, scions, or florist stock by any person not regularly engaged in that 19 business when said sales are only incident to the seller's farming or garden- 20 ing operations and the total amount of gross annual sales by such seller does 21 not exceed five hundred dollars ($500). The department shall have the author- 22 ity to inspect any nursery or florist stock in the possession of any person 23 exempted by this subsection, when it has reason to believe that there may be a 24 pest concern or quarantine violation. 25 (3) Every nurseryman or florist, landscape contractor, dealer, or 26 importer of nursery or florist stock, or collector of native plants for sale 27 shall make application for a licensethereforto the Idaho department of agri- 28 culture upon a form to be prescribed and furnished by said department, pay to 29 said department the license fee as provided in subsection (4) of this section. 30 No license shall be issued until the applicantthereforshall have paid the 31 fee hereinafter provided. 32 (4) Nurseries required to be licensed shall consist of nurserymen, 33 florists, dealers, landscape contractors, and importers of nursery or florist 34 stock, and collectors of native plants for sale, and they shall pay a license 35 fee ofseventy-fiveone hundred dollars ($75.100) for their principal place of 36 business. Nurseries with more than one (1) retail outlet shall identify the 37 number and location of such additional outlets on the license application and 38 pay an additionalseventy-fiveone hundred dollars ($75.100) for each such 39 additional outlet. The license number shall be prominently displayed in each 40 outlet. Should the holder of a nursery license add one (1) or more outlets 41 during the license year, the department must be notified and theseventy-five42 one hundred dollar ($75.100) surcharge for each such outlet paid immediately. 43 (5) Dealers shall keep accurate records of their sales and transactions 2 1 involving nursery or florist stock and shall produce the same at any time when 2 so required by the Idaho department of agriculture. At any hearing in which 3 the amount of license fee to be paid by any person is involved or any ques- 4 tions as to such person's claim for exemption from the provisions of this 5 chapter, such person shall have the burden of proof to establish his claim. 6 (6) A license fee for an agent as defined in section 22-2302, Idaho Code, 7 is twenty-five dollars ($25.00) per annum for each principal that the agent 8 represents. Agents soliciting sales only from persons licensed under this 9 chapter shall be exempt from licensing fees. 10 (7) The fees for nursery or florist stock inspection and special services 11 performed for persons not required to be licensed shall be as provided in 12 rules promulgated by the director.
STATEMENT OF PURPOSE
RS 17304
The Idaho State Department of Agriculture proposes to amend
Section 22-2305 to raise the Nursery License fee from 75.00 to
$100.00. $25.00 of the current fee goes to a research fund for
use by the nursery and floral industry. The Department only sees
$50.00 per license. There has been no fee adjustment since 1999.
Expenses such as personnel and operating costs, and industry
demands for more service, have risen without a sufficient and
corresponding rise in revenue. The additional funds will help
the Department keep pace with increasing personnel and operating
costs.
FISCAL NOTE
The $25.00 fee increase is expected to raise an additional
$55,000 in revenue to the agricultural inspection account.
CONTACT
Name: Michael Cooper
Agency: Agriculture, Dept. of
Phone: 332-8620
STATEMENT OF PURPOSE/FISCAL NOTE H 392