SB45: Bill Text

SB45,942,6 (3) Nursery grower; annual license. (a) License required. Except as provided in par. (f), no person may operate as a nursery grower without an annual license from the department. A nursery grower license expires on February 20. A nursery grower license may not be transferred to another person.

SB45,942,9 (b) Applying for a license. A person applying for a nursery grower license under par. (a) shall apply on a form provided by the department. An applicant shall provide all of the following to the department:

SB45,942,11 1. The applicant's legal name and address and any other name under which the applicant does business.

SB45,942,13 2. The address of each location in this state at which the applicant operates a nursery or holds nursery stock for sale.

SB45,942,14 3. The license fee required under par. (c) or (cm).

SB45,942,15 4. The surcharge required under (d), if any.

SB45,942,17 5. Other information reasonably required by the department for licensing purposes.

SB45,942,20 (c) License fee; general. Except as provided in par. (cm), a nursery grower shall pay the following annual license fee, based on annual sales calculated according to par. (e):

SB45,942,22 1. If the nursery grower annually sells no more than $5,000 worth of nursery stock, $40.

SB45,942,24 2. If the nursery grower annually sells more than $5,000 but not more than $20,000 worth of nursery stock, $75.

SB45,943,2 3. If the nursery grower annually sells more than $20,000 but not more than $100,000 worth of nursery stock, $125.

SB45,943,4 4. If the nursery grower annually sells more than $100,000 but not more than $200,000 worth of nursery stock, $200.

SB45,943,6 5. If the nursery grower annually sells more than $200,000 but not more than $500,000 worth of nursery stock, $350.

SB45,943,8 6. If the nursery grower annually sells more than $500,000 but not more than $2,000,000 worth of nursery stock, $600.

SB45,943,10 7. If the nursery grower annually sells more than $2,000,000 worth of nursery stock, $1,200.

SB45,943,13 (cm) License fee; Christmas tree growers. A Christmas tree grower shall pay the following annual license fee, based on annual sales calculated according to par. (e):

SB45,943,15 1. If the Christmas tree grower annually sells no more than $5,000 worth of Christmas trees, $20.

SB45,943,17 2. If the Christmas tree grower annually sells more than $5,000 but not more than $20,000 worth of Christmas trees, $55.

SB45,943,19 3. If the Christmas tree grower annually sells more than $20,000 but not more than $100,000 worth of Christmas trees, $90.

SB45,943,21 4. If the Christmas tree grower annually sells more than $100,000 but not more than $200,000 worth of Christmas trees, $150.

SB45,943,23 5. If the Christmas tree grower annually sells more than $200,000 but not more than $500,000 worth of Christmas trees, $250.

SB45,943,25 6. If the Christmas tree grower annually sells more than $500,000 but not more than $2,000,000 worth of Christmas trees, $450.

SB45,944,2 7. If the Christmas tree grower annually sells more than $2,000,000 worth of Christmas trees, $900.

SB45,944,9 (d) Surcharge for operating without a license. In addition to the fee required under par. (c) or (cm), an applicant for a nursery grower license shall pay a surcharge equal to the amount of that fee if the department determines that, within 365 days before submitting that application, the applicant operated as a nursery grower without a license in violation of par. (a). Payment of the surcharge does not relieve the applicant of any other penalty or liability that may result from the violation, but does not constitute evidence of a violation of par. (a).

SB45,944,14 (e) Calculating annual sales. The amount of an applicant's license fee under par. (c) or (cm) for a license year shall be based on the applicant's sales of nursery stock during the applicant's preceding fiscal year, except that if the applicant made no sales during the preceding fiscal year the fee shall be based on the applicant's good faith prediction of sales during the license year for which the applicant is applying.

SB45,944,15 (f) Exemptions. Paragraph (a) does not apply to any of the following:

SB45,944,17 1. A nursery grower whose only sales of nursery stock are retail sales totaling less than $250 annually.

SB45,944,19 2. A person growing nursery stock for sale pursuant to a valid temporary permit under par. (g).

SB45,945,2 (g) Temporary permit; sales benefiting nonprofit organization. The department may issue a temporary permit authorizing the permit holder to sell nursery stock, for the benefit of a nonprofit organization, for a period of not more than 7 consecutive days. An applicant for a temporary permit shall apply on a form provided by the department and shall pay a fee of $5. The department may impose written conditions on the temporary permit and may summarily suspend or revoke the permit if the permit holder violates those conditions.

SB45,945,6 (3m) Notice of new locations. (a) The holder of a nursery dealer license shall notify the department in writing before adding, during a license year, any new location at which the license holder will hold nursery stock for sale. The license holder shall specify the address of the new location in the notice.

SB45,945,10 (b) The holder of a nursery grower license shall notify the department in writing before adding, during the license year, any new location at which the license holder will operate a nursery or hold nursery stock for sale. The license holder shall specify the address of the new location in the notice.

SB45,945,14 (4) Nursery growers and dealers; records. (a) Nursery dealers; records of nursery stock received. A nursery dealer shall keep a record of every shipment of nursery stock received by the nursery dealer. The nursery dealer shall include all of the following in the record:

SB45,945,16 1. A description of the types of nursery stock, and the quantity of nursery stock of each type, included in the shipment.

SB45,945,18 2. The name and address of the source from which the nursery dealer received the shipment.

SB45,945,23 (b) Nursery growers and dealers; records of shipments to other nursery growers and dealers. Each nursery grower and nursery dealer shall record every shipment of nursery stock that the nursery grower or nursery dealer sells or distributes to another nursery grower or nursery dealer. The nursery grower or nursery dealer shall include all of the following in the record:

SB45,945,25 1. A description of the types of nursery stock, and the quantity of nursery stock of each type, included in the shipment.

SB45,946,2 2. The name and address of the nursery grower or nursery dealer receiving the shipment.

SB45,946,6 (c) Records retained and made available. A nursery grower or nursery dealer who is required to keep records under par. (a) or (b) shall retain those records for at least 3 years and shall make those records available to the department for inspection and copying upon request.

SB45,946,10 (5) Labeling nursery stock. (a) Nursery stock shipped to dealer. No person may sell or distribute any shipment of nursery stock to a nursery dealer, and no nursery dealer may accept a shipment of nursery stock, unless that shipment is labeled with all of the following:

SB45,946,12 1. The name and address of the person selling or distributing the shipment to the nursery dealer.

SB45,946,14 2. A certification, by the person under subd. 1., that all of the nursery stock included in the shipment is from officially inspected sources.

SB45,946,18 (b) Growers and dealers to report unlabeled shipments. Whenever any person tenders to a nursery grower or nursery dealer any shipment of nursery stock that is not fully labeled according to par. (a), the nursery grower or nursery dealer shall promptly report that unlabeled shipment to the department.

SB45,946,21 (c) Nursery stock sold at retail. A person selling nursery stock at retail shall ensure that the nursery stock is labeled with the common or botanical name of the nursery stock.

SB45,946,25 (6) Care of nursery stock. (a) Adequate facilities. A nursery grower or nursery dealer shall maintain facilities that are reasonably adequate for the care and keeping of nursery stock held for sale, so that the nursery grower or nursery dealer can keep the nursery stock in healthy condition pending sale.

SB45,947,4 (b) Reasonable examinations. Nursery growers and nursery dealers shall make reasonable examinations of nursery stock held for sale to determine whether that nursery stock is capable of reasonable growth, is infested with injurious pests or is infected with disease.

SB45,947,6 (7) Prohibitions. (a) Nursery dealers. No nursery dealer may do any of the following:

SB45,947,8 1. Obtain, hold, sell, offer to sell or distribute nursery stock from any source other than an officially inspected source.

SB45,947,9 2. Misrepresent that the nursery dealer is a nursery grower.

SB45,947,11 (b) Nursery growers and dealers. No nursery grower or nursery dealer may do any of the following:

SB45,947,15 1. Sell, offer to sell or distribute any nursery stock that the nursery grower or nursery dealer knows, or has reason to know, is infested with plant pests or infected with plant diseases that may be spread by the sale or distribution of that nursery stock.

SB45,947,17 2. Sell, offer to sell or distribute any nursery stock that the nursery grower or nursery dealer knows, or has reason to know, will not survive or grow.

SB45,947,20 3. Misrepresent the name, origin, grade, variety, quality or hardiness of any nursery stock offered for sale or make any other false or misleading representation in the advertising or sale of nursery stock.

SB45,947,23 4. Conceal nursery stock to avoid inspection by the department, falsify any record required under this section or make any false or misleading statement to the department.

SB45,947,25 (8) Department inspection. The department may inspect nurseries and premises at which nursery stock is held for sale or distribution.

SB45,948,3 (9) Department orders. (a) Holding orders and remedial orders. An authorized employe or agent of the department may, by written notice, order a nursery grower or nursery dealer to do any of the following:

SB45,948,4 1. Temporarily hold nursery stock pending inspection by the department.

SB45,948,5 2. Remedy violations of this section.

SB45,948,7 3. Refrain from importing weeds or pests that threaten agricultural production or the environment in this state.

SB45,948,10 4. Permanently withhold nursery stock from sale or distribution, if the sale or distribution would violate this section or an order issued under this section and the violation cannot be adequately remedied in another manner.

SB45,948,13 5. Destroy or return, without compensation from the department, nursery stock that is sold or distributed in violation of this section, or an order issued under this section, if the violation cannot be adequately remedied in another manner.

SB45,948,20 (b) Hearing. If the recipient of an order under par. (a) requests a hearing on that order, the department shall hold an informal hearing within 10 days unless the recipient of the order consents to a later date for an informal hearing. The request for a hearing is not a request under s. 227.42 (2). If a contested matter is not resolved at the informal hearing, the recipient of the order is entitled to a class 2 contested case hearing under ch. 227. The department is not required to stay an order under par. (a) pending the outcome of any hearing under this paragraph.

SB45,948,23 (10) Reciprocal agreements with other states. (a) General. The department may enter into reciprocal agreements with other states to facilitate interstate shipments of nursery stock.

SB45,949,3 (b) Officially inspected sources. As part of an agreement under par. (a), the department may recognize sources of nursery stock in another state as officially inspected sources.

SB45,949,5 (c) Inspection and certification standards. An agreement under par. (a) may specify standards and procedures for all of the following:

SB45,949,6 1. Inspecting officially inspected sources of nursery stock.

SB45,949,7 2. Inspecting and certifying interstate shipments of nursery stock.

SB45, s. 1935 Section 1935. 94.50 (2) of the statutes is amended to read:

SB45,949,16 94.50 (2) Growers and dealers; registration. No person may act as a grower or a dealer unless he or she is registered with the department. Any person who acts as a dealer and a grower shall register as both. Registrations shall be made annually on a form provided by the department. Registrations expire on December 31 of each year. A dealer shall pay to the department an annual registration fee of $25. The department shall assign a registration number to each person registered under this subsection. All moneys collected under this subsection shall be credited to the appropriation account under s. 20.115 (7) (ga).

SB45, s. 1936 Section 1936. 94.50 (3) (b) of the statutes is amended to read:

SB45,950,2 94.50 (3) (b) The department shall upon request provide each registered grower and dealer with shipment certificates and report forms required under par. (a). The department shall stamp each shipment certificate and report form with the registration number of the grower or dealer. A shipment certificate and report form is valid only if used during the registration period for which the stamp registration number of the grower or dealer was issued. The department may charge a reasonable fee to recover the costs related to providing shipment certificates and report forms. All moneys collected under this paragraph shall be credited to the appropriation account under s. 20.115 (7) (ga).

SB45, s. 1937 Section 1937. 94.64 (4) (a) 1. of the statutes is amended to read:

SB45,950,7 94.64 (4) (a) 1. A basic fee of 25 23 cents per ton for fertilizer sold or distributed from July 1, 1997, to June 30, 1999 beginning on the effective date of this subdivision .... [revisor inserts date], and ending on June 30, 2001, and 32 30 cents per ton for fertilizer sold or distributed after June 30, 1999 2001, with a minimum fee of $25.

SB45, s. 1938 Section 1938. 94.64 (4) (a) 6. of the statutes is created to read:

SB45,950,11 94.64 (4) (a) 6. Beginning on the effective date of this subdivision .... [revisor inserts date], a weights and measures inspection fee of 2 cents per ton, with a minimum fee of $1.

SB45, s. 1939 Section 1939. 94.64 (4) (c) 6. of the statutes is created to read:

SB45,950,14 94.64 (4) (c) 6. The department shall credit the fee under par. (a) 6. to the appropriation account under s. 20.115 (1) (j).

SB45, s. 1940 Section 1940. 94.681 (2) (a) 1. to 3. of the statutes are amended to read:

SB45,950,19 94.681 (2) (a) 1. If the applicant sold less than $25,000 of the product during the preceding year for use in this state, $265, except that the fee is $215 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.

SB45,950,23 2. If the applicant sold at least $25,000 but less than $75,000 of the product during the preceding year for use in this state, $750, except that the fee is $650 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.

SB45,951,2 3. If the applicant sold at least $75,000 of the product during the preceding year for use in this state, $1,500, except that the fee is $1,200 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.

SB45, s. 1941 Section 1941. 94.681 (2) (b) 1. to 3. of the statutes are amended to read:

SB45,951,7 94.681 (2) (b) 1. If the applicant sold less than $25,000 of the product during the preceding year for use in this state, $315, except that the fee is $265 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.

SB45,951,11 2. If the applicant sold at least $25,000 but less than $75,000 of the product during the preceding year for use in this state, $860, except that the fee is $760 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.

SB45,951,15 3. If the applicant sold at least $75,000 of that product during the preceding year for use in this state, $3,060, except that the fee is $2,760 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.

SB45, s. 1942 Section 1942. 94.681 (2) (c) 1. to 3. of the statutes are amended to read:

SB45,951,20 94.681 (2) (c) 1. If the applicant sold less than $25,000 of that product during the preceding year for use in this state, $320, except that the fee is $270 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.

SB45,951,24 2. If the applicant sold at least $25,000 but less than $75,000 of the product during the preceding year for use in this state, $890, except that the fee is $790 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.

SB45,952,6 3. If the applicant sold at least $75,000 of the product during the preceding year for use in this state, $3,060 plus 0.2% of the gross revenues from sales of the product during the preceding year for use in this state, except that for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002, the fee shall be $2,760 plus 0.2% of the gross revenues from sales of the product during the preceding year for use in this state.

SB45, s. 1943 Section 1943. 94.704 (3) (a) 1. of the statutes is amended to read: