Nursery license consolidation advanced

Senators gave first-round approval April 9 to a bill that would update provisions of the Plant Protection and Plant Pest Act.

Currently, there are three categories of commercial nursery licenses under the act: growers, dealers and brokers. LB68, introduced by Ogallala Sen. Ken Schilz, would consolidate all three types of licenses into a single nursery stock distributor license.

Schilz said the bill would allow the state Department of Agriculture to operate more effectively.

“The proposed fee structure would help prevent the reduction of services to the nursery and export industries,” he said. “This could prevent the increased potential of an injurious plant pest being introduced and becoming established in the state. If such pests did become established, it could potentially limit the ability of Nebraska producers to move their products interstate and internationally.”

LB68 also would change existing fee schedules due to the creation of the new license. Applicants seeking a nursery stock distributor license would be charged $115 for the first acre and $5 for each additional acre. The department would have authority to adjust fees to a maximum of $140 for the first acre and $6 for each additional acre. This would be an increase from a $100 fee, regardless of size.

The bill also includes a number of additional provisions, some of which include:
• a license expiration date of Dec. 31 and a renewal date of Jan. 1, with application fees coming due at the time of renewal;
• the addition of botanically classified hardy plants to the existing definition of nursery stock;
• an increase of the maximum administrative fine for any violation of the act from $500 to $1000; and
• a liability of the person in violation of the act for any costs incurred by the department in the enforcement of quarantines and withdrawal orders.

Lincoln Sen. Kathy Campbell supported the bill, saying the state needs a solid inspection program.

“We need a strong agriculture department to carry out the inspections of plant material, not only coming in to the state but also leaving the state,” she said.

Following the adoption of a technical amendment, senators advanced the bill on a 28-0 vote.