South Carolina General Assembly
113th Session, 1999-2000

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Bill 1078


                    Current Status

Bill Number:                      1078
Ratification Number:              409
Act Number:                       378
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20000127
Primary Sponsor:                  Leventis
All Sponsors:                     Leventis
Drafted Document Number:          l:\council\bills\swb\5033djc00.doc
Companion Bill Number:            4553
Date Bill Passed both Bodies:     20000531
Date of Last Amendment:           20000530
Governor's Action:                S
Date of Governor's Action:        20000614
Subject:                          Nursery and nursery dealer registration 
                                  provided for; gardening, trees, plants; 
                                  Forestry, Agriculture


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20000711  Act No. A378
------  20000614  Signed by Governor
------  20000608  Ratified R409
Senate  20000531  Concurred in House amendment, 
                  enrolled for ratification
House   20000531  Read third time, returned to Senate
                  with amendment
House   20000530  Amended, read second time
House   20000530  Objection and request for debate
                  withdrawn by Representative                    Robinson
                                                                 Rice
House   20000525  Debate adjourned until
                  Tuesday, 20000530
House   20000524  Objection withdrawn by Representative          Wilkes
House   20000524  Request for debate withdrawn
                  by Representative                              Simrill
House   20000524  Request for debate by Representative           Rice
                                                                 Knotts
                                                                 Simrill
House   20000524  Request for debate withdrawn
                  by Representative                              Bales
                                                                 Hayes
House   20000524  Objection by Representative                    Robinson
                                                                 Wilkes
                                                                 Loftis
House   20000524  Objection withdrawn by Representative          J. Brown
                                                                 Scott
House   20000517  Objection by Representative                    J. Brown
                                                                 Scott
House   20000517  Request for debate withdrawn
                  by Representative                              Fleming
                                                                 Knotts
House   20000517  Request for debate withdrawn
                  by Representative                              Cato
                                                                 Whatley
                                                                 Meacham-
                                                                 Richardson
House   20000516  Request for debate withdrawn
                  by Representative                              Townsend
                                                                 Trotter
House   20000427  Request for debate by Representative           Cato
                                                                 Meacham-
                                                                 Richardson
                                                                 Trotter
                                                                 Kirsh
                                                                 Fleming
                                                                 Whatley
                                                                 Townsend
                                                                 Bales
                                                                 Hayes
                                                                 Knotts
------  20000426  Scrivener's error corrected
House   20000425  Committee report: Favorable with       20 HANR
                  amendment
House   20000224  Introduced, read first time,           20 HANR
                  referred to Committee
Senate  20000223  Amended, read third time, 
                  sent to House
Senate  20000222  Read second time, notice of
                  general amendments
Senate  20000222  Committee amendment adopted
------  20000222  Scrivener's error corrected
Senate  20000217  Committee report: Favorable with       01 SANR
                  amendment
Senate  20000127  Introduced, read first time,           01 SANR
                  referred to Committee


              Versions of This Bill
Revised on February 17, 2000 - Word format
Revised on February 22, 2000 - Word format
Revised on February 22, 2000-A - Word format
Revised on February 23, 2000 - Word format
Revised on April 25, 2000 - Word format
Revised on April 26, 2000 - Word format
Revised on May 30, 2000 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A378, R409, S1078)

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.

__________


This web page was last updated on Wednesday, December 9, 2009 at 9:09 A.M.