Act No.104
Public Acts of 2003
Approved by the Governor
July 24, 2003
Filed with the Secretary of State
July 24, 2003
EFFECTIVE DATE: July 24, 2003
STATE OF MICHIGAN
92ND LEGISLATURE
REGULAR SESSION OF 2003
Introduced by Senator Brater
ENROLLED SENATE BILL No. 480
AN ACT to amend 1931 PA 189, entitled "An act to regulate the sale and distribution of nursery stock, plants, and plant products; to prevent the introduction into and the dissemination within this state of insect pests and plant diseases; to provide for the destruction and control of insect pests and plant diseases; to provide for the destruction of certain plants by owners of certain fruit trees; to provide for license and to provide for inspection; and imposing certain powers and duties on the director of agriculture; to provide for the promulgation of rules; and to prescribe penalties," by amending section 9 (MCL 286.209), as amended by 1982 PA 157.
The People of the State of Michigan enact:
Sec. 9. (1) A person, firm, partnership, association, or corporation growing or desiring to sell nursery stock in this state shall, on or before October 31, 1982 and October 31 of each year, apply to the director for a license. Until September 30, 2003 or after September 30, 2007, the annual nursery license fee shall be $50.00, and beginning October 1, 2003 through September 30, 2007, the annual nursery license fee shall be $100.00. Until September 30, 2003 or after September 30, 2007, the annual license fee for plant growers or plant dealers shall be $20.00, and beginning October 1, 2003 through September 30, 2007, the annual license fee for plant growers or plant dealers shall be $100.00. The annual license fee for nursery dealers shall be $100.00. For persons growing less than 1/4 acre of nursery stock or utilizing less than 200 square feet of greenhouse space and only from October 1, 2003 through September 30, 2007, the fee for a license is $40.00. License fees provided for in this act shall become due and payable at the office of the director on or before October 31 of each year.
(2) Except as otherwise provided in subsection (3), fees collected under this act shall be paid into the general fund of the state and shall be used in enforcement of 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.
(5) This section does not apply to persons engaged in fruit growing who are not nurserymen but desire to sell or exchange surplus small fruit plants of their own growing, or to farmers or other persons who may sell or give away native shade trees, native shrubs, native vines, native hardy perennials, or native evergreens from their own premises.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor