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S.F. No. 0064 |
Nursery stock. |
Sponsored By: Joint Agriculture, State and Public Lands and Water Resources Interim Committee
AN ACT relating to nursery stock; providing for cease and desist orders relating to nursery stock violations; providing procedures; modifying definitions; adding definitions; eliminating transportation of nursery stock from licensing requirements; providing for exemptions; requiring inspections; limiting nursery stock sales; increasing penalties; repealing certain nonresident requirements; and providing for an effective date.
1/4/2007 Bill Number Assigned
1/9/2007 S Received for Introduction
1/10/2007 S Introduced and Referred to S05
1/17/2007 S05 Recommended Amend and Do Pass
ROLL CALL
Ayes: Senator(s) Cooper, Johnson, Perkins and Vasey
Excused: Senator(s) Geis
Ayes 4 Nays 0 Excused 1 Absent 0 Conflicts 0
1/17/2007 S Placed on General File
Page 9-line 10 After "(f)" delete balance of line and insert "Charitable and educational institutions shall be exempt from licensing requirements.".
Page 9-lines 11 through 17 Delete. VASEY, COCHAIRMAN
Page 9-line 10 In the Senate Standing Committee Amendment (SF0064SS01/A) to this line, after "requirements" insert "imposed by this section". PERKINS
1/17/2007 S Passed CoW
Page 7-line 5 Strike "phylum" insert "phyla"; delete ", Arachnida". DECARIA
1/18/2007 S Passed 2nd Reading
1/19/2007 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Aullman, Barrasso, Burns, Case, Coe, Cooper, Decaria, Fecht, Geis, Hastert, Hines, Jennings, Job, Johnson, Larson, Massie, Meier, Mockler, Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern
Excused: Senator(s) Peck
Ayes 29 Nays 0 Excused 1 Absent 0 Conflicts 0
1/24/2007 H Received for Introduction
1/31/2007 H Introduced and Referred to H05
2/9/2007 H05 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Blake, Brechtel, Diercks, Edmonds, Samuelson, Semlek, Teeters, Wallis and Zwonitzer, Dn.
Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0
2/9/2007 H Placed on General File
SF0064HS001/ADOPTED (CORRECTED COPY) (TO ENGROSSED COPY)
Page 2-line 8 After "or" insert "prohibited, restricted, regulated or designated".
Page 5-line 7 Delete "and (x)" insert "through (xii)".
Page 5-line 8 After "11-9-102" delete balance of line.
Page 5-line 9 Delete "subsection (f)".
Page 6-line 14 Delete "noxious," insert "prohibited, restricted, regulated or designated noxious".
Page 6-line 15 Delete "regulated or designated".
Page 7-line 5 Reinsert stricken "phylum"; delete "phyla"; delete "or Mollusca".
Page 7-line 6 After "agricultural" strike "," insert "or"; strike "or ornamental".
Page 7-line 9 Strike nematoda," insert "any animal of the phyla Mollusca or Nematoda or".
Page 7-line 10 After "vector" insert "known to be injurious to agricultural or horticultural plants".
Page 7-line 20 After "and" insert "prohibited, restricted, regulated or designated".
Page 8-line 1 After "insect" insert ", plant".
Page 8-line 2 Delete "a pathogenic" insert "an insect,".
Page 8-line 3 Delete "." insert ";".
Page 8-After line 3 Insert:
"(xi) "Designated noxious weed" means as defined in W.S. 11-5-102(a)(xi);
(xii) "Substantially free" means any injurious insect, other pest or plant disease is not locatable in groups or not affecting more than one percent (1%) of the nursery stock.".
Page 8-line 19 After "be" insert "substantially free or"; delete ";" insert "or".
Page 8-line 20 After "pests" strike "or"; strike "noxious" insert "and free of prohibited, restricted, regulated"; after "designated" insert "noxious".
Page 8-After line 20 Insert:
"(c) If the inspection reveals the premises or stock not to be substantially free or apparently free of injurious insects, plant diseases, other pests or prohibited, restricted, regulated or designated noxious weeds, the nursery stock shall be removed or quarantined from sale and a written plan of action to remedy the condition by treatment, control actions or destruction shall be presented to the inspector within one (1) working day. The nursery shall be inspected again within a time agreed upon by the director, or his authorized agent, and the dealer and noted in writing on the plan, but no later than fifteen (15) days after the previous inspection. Upon subsequent inspection the nursery stock shall be substantially free or apparently free from the injurious insects, plant diseases and other pests and free from prohibited, restricted, regulated or designated noxious weeds in order to be released for sale. Failure to comply with this subsection shall subject the dealer to the penalties provided in W.S. 11-9-108 or 11-9-109.".
Page 8-line 22 Strike "(c)" insert "(d)".
Page 9-After line 3 Insert:
"(d)(e) No
nonresident shall sell, take orders to sell, offer for sale or distribute
nursery stock which has been grown outside this state without first securing a
license from the department of agriculture. The license fee for each
establishment shipping nursery stock into Wyoming shall be the fee authorized
by W.S. 11-1-104. No license shall be granted to a nonresident unless the
applicant agrees to furnish with each shipment of nursery stock an affidavit
stating that the nursery stock to be sold, offered for sale or transported into
Wyoming has been inspected by the proper state, district or county officials of
the state of origin and found free from injurious insects, plant diseases and prohibited, restricted, regulated or designated
noxious or designated weeds.".
Page 9-line 5 Strike "(e)" insert "(f)".
Page 9-line 10 Delete "(f)" insert "(g)".
Page 9-line 19 After "insects," insert "other pests,"; after "or" insert "prohibited, restricted, regulated or designated"; after "noxious" strike "or".
Page 9-line 20 Strike "designated".
Page 10-line 8 After "and" insert "prohibited, restricted, regulated or designated"; after "noxious" strike and delete balance of the line.
Page 11-line 12 Delete "containing" insert "shall be substantially free or apparently free of".
Page 11-line 13 After "or" insert "prohibited, restricted, regulated or designated"; After "noxious" delete balance of the line.
Page 11-line 14 Delete "or designated"; after "weeds" insert "and".
Page 13-line 5 Delete entirely.
Page 13-line 7 Delete "5" insert "4". SAMUELSON, CHAIRMAN
2/15/2007 H Passed CoW
2/16/2007 H Passed 2nd Reading
2/20/2007 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R., Bagby, Berger, Blake, Brechtel, Brown, Buchanan, Childers, Cohee, Craft, Davison, Diercks, Dockstader, Edmonds, Edwards, Esquibel, F., Esquibel, K., Gentile, Gilmore, Gingery, Goggles, Hallinan, Hammons, Harshman, Harvey, Iekel, Illoway, Jaggi, Jones, Jorgensen, Landon, Lockhart, Lubnau, Madden, Martin, McOmie, Mercer, Meyer, Millin, Olsen, Petersen, Philp, Quarberg, Samuelson, Semlek, Shepperson, Simpson, Slater, Steward, Teeters, Thompson, Throne, Wallis, Walsh, Warren, White, Zwonitzer, Dn. and Zwonitzer, Dv.
Excused: Representative(s) Miller
Ayes 59 Nays 0 Excused 1 Absent 0 Conflicts 0
2/21/2007 S Did Concur
ROLL CALL
Ayes: Senator(s) Anderson, J., Aullman, Barrasso, Coe, Cooper, Decaria, Fecht, Geis, Hastert, Hines, Jennings, Johnson, Larson, Meier, Perkins, Peterson, Ross, Schiffer, Townsend, Vasey and Von Flatern.
Nays: Senator(s) Burns, Case, Job, Massie, Mockler, Nicholas, Scott and Sessions
Excused: Senator(s) Peck
Ayes 21 Nays 8 Excused 1 Absent 0 Conflicts 0
2/21/2007 Assigned Number SEA No. 0043
2/21/2007 S President Signed SEA No. 0043
2/22/2007 H Speaker Signed SEA No. 0043
2/23/2007 Governor Signed SEA No. 0043
2/23/2007 Assigned Chapter Number
Chapter No. 0106 Session Laws of Wyoming 2007.