FINAL BILL REPORT

HB 2832

                                  C 261 L 90

BYRepresentatives Youngsman, Rayburn, McLean, Doty and Nealey

Revising provisions for horticultural plants and facilities.

House Committe on Agriculture & Rural Development

Senate Committee on Agriculture

SYNOPSIS AS ENACTED

BACKGROUND:

The horticultural nursery dealer statutes are administered by the Department of Agriculture.  These statutes levy an annual assessment on fruit trees, fruit tree seedlings, and fruit tree rootstock.  The assessments and inspection fees collected under the statutes are to be used for certification and nursery improvement programs, including those for testing and improving fruit trees.

Violations of these statutes or the rules adopted under them are simple misdemeanors, and, for subsequent offenses, gross misdemeanors. In lieu of this penalty, a person who conducts certain activities without a license or permit is subject to a civil penalty of not more than $200.

SUMMARY:

Penalties.  The maximum amount of the civil penalty that may be levied by the director of Agriculture under the horticultural nursery dealer statutes is increased from $200 to $1,000.  Rather than applying only to persons conducting certain activities without a license or permit, the penalty now applies to any violation of the nursery dealer statutes or the rules adopted under them.  It also now applies to any person who aids or abets in a violation.

Assessments.  The plants that are subject to assessment under the nursery dealer statutes now include nursery stock of fruit tree related ornamental trees of certain specified genera.  In general, such assessments are based on the first sale price of the stock.  The plant certification and nursery improvement programs funded by the assessments are expanded to include those for fruit tree related ornamental trees.

Fees Due.  Fees for inspections conducted under these statutes are due upon billing by the Department of Agriculture, rather than due the next business day after the inspection.  A late fee is established for payments that are overdue.  In addition, the director may refuse to provide services under the nursery dealer statutes to persons whose payments are overdue.

Other.  The authority expressly granted to the director to condemn horticultural plants under the nursery dealer statutes is expanded.

The composition of the advisory committee established by the nursery dealer statutes to oversee their administration is altered.  The association officeholders are no longer designated as members but must be consulted in the appointment of those members who are to represent the industry.  Committee members serve three-year terms.

Conservation districts are included among the groups that may conduct certain limited sales of horticultural plants without obtaining a license.  The fees for the permits that these groups must secure in lieu of licenses are to be determined by the director by rule.

The labeling requirements for shipments and units of sale of horticultural plants are altered.

VOTES ON FINAL PASSAGE:

      House 95   0

      Senate    45     0 (Senate amended)

      House 93   0 (House concurred)

EFFECTIVE:June 7, 1990