2008 Legislation
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HOUSE BILL NO. 392<br /> – Agriculture, nurseries, license fee


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Bill Status

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

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008


                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 392

                             BY AGRICULTURAL AFFAIRS COMMITTEE

  1                                        AN ACT

  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 license therefor to 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 applicant therefor shall  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 of seventy-five one 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 additional seventy-five one 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 the seventy-five
 42    one hundred dollar ($75.100) surcharge for each such outlet paid immediately.
 43        (5)  Dealers shall keep accurate records of their sales  and  transactions


  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 / Fiscal Impact

                   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 

                        FISCAL NOTE

The $25.00 fee increase is expected to raise an additional 
$55,000 in revenue to the agricultural inspection account.

Name:	Michael Cooper
Agency:	Agriculture, Dept. of
Phone:	332-8620