___________________ moved that SB 16 be amended as follows:
" 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. ".