SB-0480,As Passed Senate,Jun 12, 2003                                       

SUBSTITUTE FOR

SENATE BILL NO. 480

                                                                             A bill to amend 1931 PA 189, entitled                                             

"The insect pest and plant disease act,"                                    

by amending section 9 (MCL 286.209), as amended by 1982 PA 157.             

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 9.  (1) A person, firm, partnership, association, or                   

2   corporation growing or desiring to sell nursery stock in this               

3   state shall, on or before October 31, 1982 and October 31 of each           

4   year,  thereafter,  apply to the director for a license.   The

5   Until September 30, 2003 or after September 30, 2007, the annual            

6   nursery license fee shall be $50.00, and beginning October 1,               

7   2003 through September 30, 2007, the annual nursery license fee shall       

8   be $100.00.   The Until September 30, 2003 or after September              

9   30, 2007, the annual license fee for plant growers or plant                 

10  dealers shall be $20.00, and beginning October 1, 2003 through              

11  September 30, 2007, the annual license fee for plant growers or plant       

Senate Bill No. 480 as amended June 11, 2003                                

1   dealers shall be $100.00.  The annual license fee for nursery               

2   dealers shall be  $50.00 $100.00.  For persons growing less than           

3   1/4 acre of nursery stock or utilizing less than 200 square feet            

4   of greenhouse space and only from October 1, 2003 through                   

5   September 30, 2007, the fee for a license is $40.00. License fees           

6   provided for in this act shall become due and payable at the                

7   office of the director on or before October 31 of each year.                

8   (2) <<Fees Except as otherwise provided in subsection (3), fees>> collected under this act shall be paid into the                                           

9   general fund of the state and shall be used in enforcement of               

10  this act.                                                                   

         <<(3) Beginning October 1, 2003, the  horticulture fund is created within the state treasury.  The state treasurer may receive money or other assets from any source for deposit into the fund.  From October 1, 2003 until September 30, 2007, up to $70,000.00 of the funds generated through licensing shall be deposited into the horticulture fund each year.  The state treasurer shall direct the investments of the horticulture fund.  The state treasurer shall credit interest and earnings from fund investments to the fund.  Assets in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.  The director shall administer the fund and shall expend money from the fund, upon appropriation, to provide for research projects, to develop and improve training programs, and to develop outreach materials for the purposes of safeguarding plants and plant products from unwanted plant pests.  The director shall administer the fund with advice and consultation from a horticultural advisory committee.  After September 30, 2007, the fund shall no longer exist and the money in the fund shall revert to the general fund for use as described in subsection (2).

    (4) There is created a horticulture advisory committee. Members of this committee, to be named by the director, shall include representatives from the horticulture industry.>>

11  <<(5)>> This section  shall does not apply to persons engaged in           

12  fruit growing who are not nurserymen but desire to sell or                  

13  exchange surplus small fruit plants of their own growing, or to             

14  farmers or other persons who may sell or give away native shade             

15  trees, native shrubs, native vines, native hardy perennials, or             

16  native evergreens from their own premises.