AMENDMENT FOR JOINT APPROPRIATIONS COMMITTEE ENGROSSED BILL
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___________________ moved that SB 16 be amended as follows:


    On page 1, line 9, of the Joint Appropriations Committee engrossed bill, delete "plus".

    On page 1, delete lines 10 and 11, and insert "dollars for each acre over one acre of field-grown inspected plants and ten dollars for each ten thousand square feet of container-grown plants, except. However,".

    On page 1, line 13, delete everything after "cents" and insert "plus ten dollars".

    On page 1, delete line 14, and insert "for each acre over one of field-grown inspected plants and ten dollars for each".

    On page 2, line 1, overstrike everything before ";" .

    On page 2, after line 11, insert:

"    Section 3. That § 38-24B-5 be amended to read:

    38-24B-5. No person may sell, offer for sale, or distribute any nursery stock which has not been officially inspected and for which a certificate of inspection has not been granted until the person has obtained a license from the secretary. A violation of this section is a Class 2 misdemeanor.

    Section 4. That § 38-24B-6 be amended to read:

    38-24B-6. Any nurseryman desiring to sell or ship nursery stock in the state shall make application before the first day of March to the Department of Agriculture for inspection of his nursery stock, and anyone failing to comply with this section is liable for extra charges to cover travel expenses for the department for a license.

    Section 5. That § 38-24B-8 be amended to read:

    38-24B-8. A separate certificate of inspection license shall be obtained from the department for each location before selling, offering, or exposing nursery stock for sale. The certificate of inspection license shall be displayed in a prominent manner wherever nursery stock is offered for sale. A violation of this section is a Class 2 misdemeanor.

    Section 6. That § 38-24B-11 be amended to read:

    38-24B-11. No certificate of inspection or license may be issued to an applicant who purchases his nursery stock from an uncertified nursery in this state or from a nonresident nursery or nursery stock dealer whose stock has not been inspected and certified by the regulatory official of the state of origin.

    Section 7. That § 38-24B-12 be amended to read:

    38-24B-12. Any grower or dealer of decorative plants, annual plants, sod, or related plant

products may apply to the department for a certificate of inspection. The Department of Agriculture department may issue a certificate of inspection to the person whose decorative plants, annual plants, sod, or related plant products have been officially inspected and found free from pests. The fee for inspection and certification is two hundred fifty one hundred forty dollars plus five dollars for each acre of growing field and five dollars for each ten thousand square feet of growing greenhouse.

    Section 8. That § 38-24B-13 be amended to read:

    38-24B-13. The secretary of agriculture may revoke a certificate of inspection license for cause following a hearing pursuant to chapter 1-26. The secretary may issue a temporary cease and desist order pending the hearing. At least ten days notice shall be given prior to conducting a hearing pursuant to this section.

    Section 9. That § 38-24B-14 be amended to read:

    38-24B-14. A certificate license issued pursuant to the provisions of this chapter is in effect for a period not to exceed two years one year and expires on December thirty-first of the year following the date of issue.

    Section 10. That § 38-24B-29 be amended to read:

    38-24B-29. If a nurseryman violates the provisions of this chapter, he may have his certificate of inspection the nurseryman's license may be cancelled or revoked pursuant to chapter 1-26. In addition, any person is liable in a civil action for all damage that is occasioned or caused by a violation of this chapter. ".