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]
Governor: Transfer 4.5 positions and $237,800 annually from PR to petroleum inspection fund SEG. Additionally, transfer 1.0 position and $48,400 annually from recycling fund SEG to petroleum inspection fund SEG and 1.0 chief of environmental products position and $143,900 annually from recycling fund SEG to PR. Petroleum inspection fund revenues come from a 3¢ per gallon fee on all petroleum products entering the state.
Joint Finance/Legislature: Restore 2.5 positions and $122,400 annually to PR rather than converting the positions to petroleum inspection fund SEG to align funding sources with staff inspection activities.
18. LIQUID PETROLEUM GAS METER LICENSE [LFB Paper 217]
Governor: Require an annual license for persons who operate a meter to measure liquefied petroleum gas (LPG) for sale or delivery. A license fee of $25 per meter would be charged, unless DATCP establishes a different fee by administrative rule. The license would expire on July 31 of each year. A surcharge of $200 for operating a meter without a license would also apply. Estimate program revenues for weights and measures inspection at $13,700 annually. The bill would repeal a $25 one-time registration fee (created in the 1997-99 budget) for each new meter.
The meter operator (rather than the owner under current law) would be required to have the meter annually tested by a DATCP licensed tester, who must test the meter for accuracy as specified in DATCP rule. The meter tester would also be required to report the results in writing to DATCP within 15 days (rather than 30 days under current law) of the meter inspection, or be subject to a fee of up to $100 and possible license revocation or suspension. Require the Department to issue a written notice to a meter operator (rather than the owner) who fails to annually test a meter and requires the operator to have the meter tested within 30 days of notification or be subject to a fee of up to $100 per untested meter and possible license revocation or suspension.
Joint Finance/Legislature: Delete provision.
19. GRAIN, FRUIT AND VEGETABLE INSPECTION TRANSFER [LFB Paper 218]
Governor: Transfer $8,371,400 PR annually with 77.10 staff from the Marketing Services Division to the Trade and Consumer Protection Division to realign grain inspection and fruit and vegetable inspection funding with the division where such inspections now occur. Funding of $5,590,000 and 52.05 positions would be reallocated for grain inspection and certification and $2,781,400 and 25.05 positions for fruit and vegetable inspection.
Separate fruit and vegetable inspection into a new, continuing (rather than annual currently) appropriation in the Division of Trade and Consumer Protection. Fruit and vegetable inspection revenue would come from currently assessed fees for registration of produce procurement contracts and for inspection of farm products for the purpose of standardization, grading or certification.
Deposit current contractor (one who buys vegetables from a producer or who contracts with a producer to grow vegetables) fees of 1¢ per $100 in total paid and unpaid contractual obligations to producers to an appropriation which regulates vegetable procurement and dairy trade practices. Currently these fees are appropriated to the marketing services appropriation from which the bill transfers revenues to the fruit and vegetable inspection account. DATCP received $13,000 PR from this fee in 1997-98.
As drafted, the bill would require all fees of 1¢ per $100 in contractual obligations be deposited to the dairy and vegetable security and trade practices appropriation, but, due to a technical error, also to the fruit and vegetable inspection appropriation.
Joint Finance: Delete $55,000 annually with 0.5 vacant trade practices analyst position from the dairy and vegetable security and trade practices appropriation to maintain expenditures within revenues. Create the fruit and vegetable inspection appropriation as an annual rather than a continuing appropriation.
Further, make a technical correction to specify that all fees of 1¢ per $100 in contractual obligations be deposited to the dairy and vegetable security and trade practices appropriation.
Assembly/Legislature: Restore $55,000 PR annually and 0.5 vacant trade practices analyst position for the dairy and vegetable security and trade practices program that had been deleted by Joint Finance. Also, change the fruit and vegetable inspection appropriation from annual to continuing. Under this provision, authorized expenditures would exceed available revenues by an estimated $109,100.
[Act 9 Sections: 173 thru 175, 180 and 181]
20. LIVESTOCK AND AQUACULTURE INSPECTION
Governor: Delete 2.0 GPR positions and $97,900 GPR each year for a fish farm microbiologist and a health inspector position that were frozen by the Governor in the 1997-99 budget adjustment act.
Further, provide $83,800 PR annually in expenditure authority for field staff travel, increased license printing and new equipment purchases for livestock and aquaculture inspection, testing and enforcement activities. Revenues are collected from livestock market, dealer and trucker licenses, livestock vehicle registrations, livestock health certificates and deer and fish farm registrations.
Assembly: Provide $80,000 PR annually for 1.0 fish farm microbiologist position. Revenues are collected from livestock, deer and fish farm licenses and registrations.
Conference Committee/Legislature: Adopt the Assembly position as corrected to fund the 1.0 PR fish microbiologist position from fees for services provided by the animal health laboratory, as are other laboratory and microbiologist positions (rather than from livestock licenses and health certificates and deer and fish farm registrations).
[Act 9 Section: 9104(2m)]
