S*1078(Rat #0409, Act #0378 of 2000)  General Bill, By Leventis

Similar(H 4553)
 A BILL TO AMEND CHAPTER 33, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO SHIPMENT AND SALE OF TREES, PLANTS AND SHRUBS, BY ADDING SECTION
 46-33-90, SO AS PROVIDE FOR NURSERY AND NURSERY DEALER REGISTRATION, PAYMENT
 OF REGISTRATION FEES ON A GRADUATED SCALE, EXEMPTIONS FROM PAYMENT OF FEES FOR
 CERTAIN GROWERS, ORGANIZATIONS, HOBBYISTS AND BACK YARD GARDENERS, AND TO
 PROVIDE FOR INCREASES IN THE AMOUNT OF REGISTRATION FEES REQUIRED BY THIS
 SECTION.

   01/27/00  Senate Introduced and read first time SJ-8
   01/27/00  Senate Referred to Committee on Agriculture and Natural
                     Resources SJ-8
   02/17/00  Senate Committee report: Favorable with amendment
                     Agriculture and Natural Resources SJ-19
   02/22/00  Senate Amended SJ-11
   02/22/00  Senate Read second time SJ-11
   02/22/00  Senate Ordered to third reading with notice of
                     amendments SJ-11
   02/23/00  Senate Amended SJ-18
   02/23/00  Senate Read third time and sent to House SJ-18
   02/24/00  House  Introduced and read first time HJ-12
   02/24/00  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-12
   04/25/00  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-4
   04/27/00  House  Requests for debate-Rep(s). Cato,
                     Meacham-Richardson, Trotter, Kirsh, Fleming,
                     Whatley, Townsend, Bales, Hayes and Knotts HJ-14
   05/16/00  House  Requests for debate removed-Rep(s). Townsend and
                     Trotter HJ-37
   05/17/00  House  Requests for debate removed-Rep(s). Cato, Whatley
                     and Meacham-Richardson HJ-50
   05/17/00  House  Requests for debate removed-Rep(s). Fleming and
                     Knotts HJ-55
   05/17/00  House  Requests for debate-Rep(s). J. Brown and Scott HJ-55
   05/24/00  House  Requests for debate removed-Rep(s). J. Brown and
                     Scott HJ-38
   05/24/00  House  Objection by Rep. Robinson, Wilkes, and Loftis HJ-38
   05/24/00  House  Requests for debate removed-Rep(s). Bales and
                     Hayes HJ-38
   05/24/00  House  Requests for debate-Rep(s). Rice, Knotts and
                     Simrill HJ-38
   05/24/00  House  Requests for debate removed-Rep(s). Simrill and
                     Wilkes HJ-64
   05/25/00  House  Debate adjourned until Tuesday, May 30, 2000 HJ-43
   05/30/00  House  Requests for debate removed-Rep(s). Rice HJ-43
   05/30/00  House  Objection withdrawn by Rep. Robinson HJ-43
   05/30/00  House  Amended HJ-43
   05/30/00  House  Read second time HJ-45
   05/31/00  House  Read third time and returned to Senate with
                     amendments HJ-9
   05/31/00  Senate Concurred in House amendment and enrolled SJ-151
   06/08/00         Ratified R 409
   06/14/00         Signed By Governor
   07/07/00         Effective date 06/14/00
   07/07/00         Copies available
   07/07/00         Act No. 378

AN ACT TO AMEND CHAPTER 33, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHIPMENT AND SALE OF TREES, PLANTS, AND SHRUBS, BY ADDING SECTION 46-33-90, SO AS PROVIDE FOR NURSERY AND NURSERY DEALER REGISTRATION, PAYMENT OF REGISTRATION FEES ON A GRADUATED SCALE, EXEMPTIONS FROM PAYMENT OF FEES FOR CERTAIN GROWERS, ORGANIZATIONS, HOBBYISTS, AND BACK YARD GARDENERS, AND TO PROVIDE FOR INCREASES IN THE AMOUNT OF REGISTRATION FEES REQUIRED BY THIS SECTION.

Be it enacted by the General Assembly of the State of South Carolina:

Nursery and nursery dealer registration; graduated fees; fee increases; exemptions

SECTION 1. Chapter 33, Title 46 of the 1976 Code is amended by adding:

"Section 46-33-90. (A) For purposes of this section:

(1) 'Nursery' means any place where nursery stock is grown for sale.

(2) 'Nursery stock' means all fruit, nut, and shade trees, all ornamental plants and trees, bush fruits, buds, grafts, scions, vines, roots, bulbs, seedlings, slips, or other portions of plants (excluding true seeds) grown or kept for propagation, sale, or distribution.

(3) 'Nurseryman' means a person who operates a nursery for the production of nursery stock.

(4) 'Registered nursery dealer' means any person other than a grower of nursery stock who buys certified nursery stock for resale with annual sales of five thousand dollars or more, and any nurseryman who operates a sales lot separately from his nursery with annual sales of five thousand dollars or more. Registered and unregistered nursery dealers are required to produce sales records to agents of the commission upon request.

(5) 'Hobbyist' and 'back yard gardener' mean any person selling nursery stock who has less than five thousand dollars in gross sales per calendar year. Hobbyists and backyard gardeners are required to produce sales records to agents of the commission upon request. Hobbyists and back yard gardeners are exempt from registration.

(B) All persons engaged in sale or distribution of nursery stock must register with the commission and pay the fees required by this section. The commission is authorized to collect and retain fees from nursery inspection and registration, nursery dealer registration, plant pest inspection, and all other plant pest certification activities.

(C)(1) Nursery registration fees shall be on a graduated scale and may not exceed two hundred dollars per year. All registration certificates expire on September 30 and are renewable on or before October 1 annually. In cases where nursery stock is grown at more than one location by one nursery, the fees shall be based upon the nursery's aggregate number of acres in production of the nursery. In cases where the nursery consists of a combination of greenhouses and acreage, a single license fee must be assessed at the higher rate of the two categories.

(2) The following annual fee schedule is in effect:

Nursery registration fees:

( i) ten acres or less $ 75.00

(ii) greenhouses with less than

six thousand square feet $ 75.00

(iii) eleven to twenty-five acres $125.00

(iv) greenhouses with six thousand

to thirty thousand square feet $125.00

(v) more than twenty-five acres $200.00

(vi) greenhouses with more than

thirty thousand square feet $200.00

(D) Growers who produce transplants or seedlings grown solely for the purpose of being distributed for production of agricultural commodities must register with the commission but are exempt from nursery registration fees. No ornamental bedding plants or nursery stock may be grown in conjunction with exempt agricultural transplants unless the fees required by this section are paid.

(E) Governmental and nonprofit organizations which are not in the business of commercial sale of nursery stock are exempt from the payment of fees and registration required by this section; however, governmental and nonprofit organizations which are not in the business of commercial sale of nursery stock are subject to all commission rules and regulations. The Forestry Commission is exempt from paying fees required by this section. All persons selling Christmas trees from November to January who are not otherwise required by this section to either register or pay the fees are exempt from registering and paying the fees."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 8th day of June, 2000.

Approved the 14th day of June, 2000.