Conference Committee/Legislature: Delete provisions. Rather, place $250,000 SEG from the agrichemical management fund and $150,000 SEG from the environmental management account of the environmental fund in 1999-00 in the Joint Finance Committee's supplemental appropriation for release under s. 13.10 to DATCP for (a) the development of a pesticide sales and use database reporting system and (b) testing of a pilot version of the reporting system. Further, require DATCP to submit a plan to the Joint Finance Committee for (a) and (b) above by July 1, 2000.
Veto by Governor [B-2]: Delete the DATCP agrichemical management fund appropriation for pesticide sales and use reporting system administration. The Governor's veto message requests that DOA place the $250,000 in the Joint Finance Committee's supplemental appropriation in unallotted reserve to lapse to the agrichemical management fund. Delete the July 1, 2000, plan deadline and the limitation on environmental funds to be used only for contracts. The Governor's veto message requests that DATCP submit the plan before December 31, 2000.
[Act 9 Sections: 189g and 1942mc]
[Act 9 Vetoed Sections: 172 (as it relates to s. 20.115(7)(uc)), 189e, 189g and 1942mc]
12. EXPORT MARKETING [LFB Paper 213]
Funding Positions
GPR $600,000 2.00
PR 50,000 0.00
Total $650,000 2.00
Governor: Provide $300,000 GPR and 2.0 export consultant positions and $25,000 PR each year to restructure and expand the marketing division’s export promotion program. The Department currently has five export consultants. Of the amounts appropriated, $507,600 in the biennium would be used for supplies and services. Increased supplies funding would be used for educational materials, export publications, trade missions and a PR match for an agricultural export and statistical directory. PR and matching GPR would be used to collect data and then publish the export directory. Program revenues would come from industry contributions.
Joint Finance: Require DATCP to seek at least a $130,000 increase in federal funds annually for marketing promotion. Create a GPR sum sufficient appropriation to equal the difference between $300,000 and the amount by which federal monies exceed federal monies received in 1998-99 for export promotion.
Assembly/Legislature: Delete the Joint Finance provision which would create a GPR sum sufficient appropriation to equal the difference between $300,000 and the amount by which federal monies exceed federal monies received in 1998-99 for export promotion. Rather, provide the $300,000 in an annual GPR appropriation for promotion of exports of agricultural products. This provision eliminates the requirement that DATCP reimburse the general fund by the amount by which federal monies exceed federal monies received in 1998-99 for export promotion.
Veto by Governor [B-8]: Delete the remaining Joint Finance provision that requires DATCP to seek at least a $130,000 increase in federal funds available for marketing promotion.
[Act 9 Section: 179q]
[Act 9 Vetoed Section: 1930j]
13. FEDERAL DAIRY POLICY REFORM [LFB Paper 214]
GPR $100,000
Governor/Legislature: Provide $50,000 each year in a biennial appropriation to provide assistance to organizations to seek federal dairy price reform. Repeal the appropriation on July 1, 2001. This provision extends funding that was authorized in the 1997-99 budget for two more years.
[Act 9 Sections: 182, 183, 1928, 1929 and 9404(1)]
14. NURSERY REGULATIONS AND LICENSING [LFB Paper 215]
Governor: Decrease GPR by $36,400 and 0.75 staff annually and create a new, annual SEG appropriation from the forestry account of the conservation fund of $75,000 in 1999-00 and $81,000 in 2000-01 for 1.75 positions for plant protection, including nursery regulation and control of plant pests. Provide $114,600 PR in 1999-00 and $127,600 PR in 2000-01 in a new, continuing appropriation for nursery regulation and plant pest detection and control. Revenue would come from revamped nursery dealer and grower (including Christmas tree grower) license fees. Currently, license fees for nurseries generate approximately $46,900 annually for the general fund and $67,500 PR for gypsy moth eradication.
Repeal a PR continuing appropriation for gypsy moth eradication that was funded by a nursery grower surcharge of $20 to $90 or more depending on gross sales and acreage and a nursery dealer surcharge of $30. Transfer base authority of $74,600 and 1.0 position annually to the newly created PR appropriation. Transfer any unencumbered balance in the repealed PR appropriation to the newly created PR appropriation.
License Fees. Dealers and growers that sell less than $250 annually in nursery stock would not be required to obtain licenses. A temporary permit costing $5 would also be established to allow nonprofit organizations to sell nursery stock for no more than one week. Such organizations would not be required to hold an annual license. In addition to the fees listed in the table, an assessment equal to the license fee would be charged to all dealers and growers who in the prior year operated without a license.
Repeal current dealer license fees of $25 per business location with a $30 surcharge and nursery grower fees of $30 to $150 or more based on annual sales and number of sown acres. Rather, create the following fees, including new fees for Christmas tree growers that would be expected to generate an additional $59,600 in total revenue annually:
Nursery Dealer License Fees Nursery Grower License Fees
Annual Annual Grower Fees Grower Fees
Purchases of Sales of (non-Christmas (Christmas
Nursery Stock Dealer Fees Nursery Stock Tree Sales) Tree Sales)
$250-$5,000 $30 $250-$5,000 $40 $20
$5,000-$20,000 50 $5,000-$20,000 75 55
$20,000-$100,000 100 $20,000-$100,000 125 90
$100,000-$200,000 150 $100,000-$200,000 200 150
$200,000-$500,000 200 $200,000-$500,000 350 250
$500,000-$2,000,000 300 $500,000-$2,000,000 600 450
Over $2,000,000 400 Over $2,000,000 1,200 900
Requirements for Nursery Growers and Dealers. Licensing fees and requirements would be changed, including the annual license expiration, which would move from March 31 to February 20. Include bulbs in the definition of nursery stock. Clarify that license fees would be based on sales in the applicants' prior fiscal year. The applicant would determine the fiscal year and would base first-year fees of a new operation on predicted sales. Clarify that grower and dealer records must include the type and quantity of nursery stock shipped to other nursery growers and dealers, along with the address of the recipient. Specify that all required records be retained for at least three years.
Dealer Requirements. Specify that a dealer license is nontransferable and clarify that the applicant's name and address and the address of each of their selling locations must appear on the license application. Also, require dealers to notify DATCP of the address of any new selling location, prior to beginning such sales. Further, clarify that records must include the type and quantity of nursery stock received along with the address of the shipper. As drafted, the bill expands the definition of a nursery dealer to include all people selling for a dealer. Under current law, employes of a dealer are specifically excluded in the definition and therefore, do not have to pay a license fee. Administration officials indicate this change was not intended.
Grower Requirements. Clarify that the applicant's name and address and the address of each of their operating and selling locations must appear on the application. Also, require growers to write to DATCP the address of any new operating and selling locations prior to beginning operation. Remove the requirement that growers keep records of all nursery stock shipments received.
Labeling Requirements. Require nursery growers and nursery dealers, rather than the carrier, to report nursery stock shipments that are not fully labeled to DATCP. Under current law, it is unlawful for growers and dealers to accept uncertified shipments, but the carrier is required to report and hold uncertified shipments. As drafted, the bill would prohibit shipping improperly labeled nursery stock only to nursery dealers (not growers) and prohibit nursery dealers from accepting improperly labeled nursery stock. Administration officials indicate the Governor intended to prohibit shipping improperly labeled nursery stock to both nursery dealers and growers and to prohibit both nursery dealers and growers from accepting improperly labeled nursery stock (as under current law). The bill would repeal the current law exemption from labeling of nursery stock sold and delivered at a place of business where the license certificate is posted.
Department Powers. Allow, rather than require, DATCP to inspect nursery and distribution sites. Allow the Department to order a grower or dealer to refrain from importing certain weeds or pests. Allow DATCP to order a grower or dealer to destroy or recall nursery stock. Require DATCP to hold an informal hearing, rather than a public hearing of a contested case, within 10 days, unless the person requesting the hearing consents to a later date. If a disputed matter is not resolved at the informal hearing, the grower or dealer may demand a contested case hearing.
Joint Finance: Make the following changes to the Governor's recommendations:
Funding. Modify the fees for nursery growers as shown below and replace $32,500 GPR in 1999-2000 and $43,300 GPR in 2000-01 for 1.0 nursery inspector with PR. Modified nursery grower fees would be expected to generate an additional $45,400 annually. Specify that employes of nursery dealers are exempt from nursery dealer license and fee requirements.
Annual Sales of Nursery Stock Nursery Grower Fees
$250-$5,000 $55
$5,000-$20,000 100
$20,000-$100,000 200
$100,000-$200,000 400
$200,000-$500,000 600
$500,000-$2,000,000 1,200
Over $2,000,000 2,400
Nonprofit Exemptions. Remove all permitting and fee requirements for nonprofit organizations that sell nursery stock for a period of not more than seven consecutive days.
Christmas Tree Growers. Exclude Christmas trees from the definition of nursery stock, eliminate the surcharge for Christmas tree growers operating without a license and allow DATCP to inspect Christmas tree growers and dealers.
Classify persons growing both Christmas trees and nursery stock as either Christmas tree growers or nursery growers and exclude Christmas tree growers from the labeling, reporting and other regulatory requirements of nursery growers. Exclude those growers receiving over 50% of their nursery and Christmas tree revenues from Christmas trees from requirements to obtain a nursery grower license. Exclude those growers receiving over 50% of their nursery and Christmas tree revenues from nursery stock from requirements to obtain a Christmas tree grower license. Base license fees on total sales of all nursery stock and Christmas trees.
Labeling Requirements. Specify that unless the nursery stock is grown by a Christmas tree grower: (a) shipping improperly labeled nursery stock to nursery dealers and growers is prohibited; (b) nursery dealers and growers are prohibited from accepting improperly labeled nursery stock; and (c) a shipment of nursery stock must be labeled with the name and address of the person selling or distributing the shipment to the nursery dealer or grower.
Assembly/Legislature: Restore the Governor's recommendation for nursery grower license fees and replace $32,500 PR in 1999-00 and $43,300 PR in 2000-01 for 1.0 nursery inspector with GPR.
Christmas Tree Growers. Establish a separate license for Christmas tree growers that grow and sell Christmas trees but no nursery stock. Specify that a person may grow Christmas trees and nursery stock only if the person holds a nursery grower license and that a separate Christmas tree grower license is not required. Further, provide that if a nursery grower sells nursery stock and Christmas trees, the grower pays license fees for Christmas trees at the Christmas tree grower rate and nursery stock at the nursery grower rate.
Labeling Requirements. Specify that even if nursery stock is grown by a person also growing Christmas trees: (a) shipping improperly labeled nursery stock to nursery dealers and growers is prohibited; (b) nursery dealers and growers are prohibited from accepting improperly labeled nursery stock; and (c) a shipment of nursery stock must be labeled with the name and address of the person selling or distributing the shipment to the nursery dealer or grower.
[Act 9 Sections: 187, 188, 189, 1932, 1934, 9104(3y) and 9204(1)]
15. AGRICULTURAL RESOURCE MANAGEMENT GIFTS
Governor/Legislature: Allow DATCP to enter into cooperative agreements with corporations, associations, foundations and individuals to carry out plant protection activities. Create a continuing PR appropriation to accept gifts, grants and bequests for agricultural resource management to be used for the purposes specified. Under current law, gifts and grants are deposited into a similar, central administrative services appropriation. No estimate of revenues is made.
[Act 9 Sections: 186, 190 and 1930]
16. WEIGHTS AND MEASURES PROGRAM [LFB Paper 216]
PR-REV $286,000
Governor: Establish new fertilizer and feed tonnage fees of 2¢ per ton (with a minimum fee of $1) that would generate approximately $86,000 annually. These fees reflect a corresponding reduction in fertilizer and feed tonnage fees currently deposited to the agrichemical management fund.
Increase the vehicle scale operator annual license fee from $30 to $60. The fee change would generate approximately $57,000 annually. The Department would continue to have authority to establish a different fee by rule. 1997 Act 27 increased the fees from $30 to $60 for the 1997-99 biennium only.
Allow municipalities (cities or villages) with populations over 5,000 to contract with DATCP to enforce weights and measures provisions. Allow (rather than require under current law) the Department to charge a municipality to cover the cost of the contract. Further, require that population estimates be based on the most recent estimates made by the Department of Administration rather than federal census data. Current law requires municipalities having a population of more than 5,000 to enforce weights and measures provisions, unless DATCP chooses to contract to do the enforcing.
As drafted, the bill would require DATCP to contract with municipalities at their request. Under current law, the Department enters into contracts with municipalities at DATCP's discretion. Administration officials indicate the Governor did not intend to make this change.
Joint Finance/Legislature: Include towns in the definition of municipalities for the purposes of all weights and measures provisions, to require towns with populations over 5,000 to either contract with DATCP or provide their own weights and measures service. Specify that municipalities can contract with the Department for weights and measures enforcement, at the Department's discretion.
Veto by Governor [B-6]: Delete the Joint Finance provision to include towns in the definition of municipalities for the purposes of all weights and measures provisions.
[Act 9 Sections: 176, 1938, 1939, 1945, 1951, 1952, 1953 and 9304(1)]
[Act 9 Vetoed Section: 1950m]
17. WEIGHTS AND MEASURES FUNDING [LFB Paper 216]
