AB554: Bill Text

October 30, 2007 - Introduced by Representatives A. Ott, Musser, Gunderson, Hahn, Gronemus and Zepnick, cosponsored by Senators Vinehout, Olsen, Schultz and Lassa. Referred to Committee on Agriculture.

AB554,1,10 An Act to repeal 94.10 (3) (cm); to renumber 94.10 (7) (a) 1.; to renumber and amend 94.10 (1) (d); to consolidate, renumber and amend 94.10 (7) (a) (intro.) and 2.; to amend 94.10 (1) (a), 94.10 (1) (e), 94.10 (1) (f), 94.10 (2) (b) 2. and 5., 94.10 (2) (c), 94.10 (2) (f) 1. and 2., 94.10 (3) (b) 2., 3. and 5., 94.10 (3) (c), 94.10 (3) (d), 94.10 (3) (f) 1. and 2., 94.10 (3g) (c), 94.10 (3g) (e), 94.10 (3m) (b), 94.10 (4) (a) (intro.) and 2., 94.10 (4) (b) (intro.) and 2., 94.10 (4) (c), 94.10 (5) (b) and 94.10 (7) (b) 3.; to repeal and recreate 94.10 (2) (e), 94.10 (3) (e), 94.10 (3g) (d) and 94.10 (4) (title); and to create 94.10 (1) (d) 2., 94.10 (2) (c) 8. and 94.10 (7) (c) of the statutes; relating to: nursery dealers, nursery growers, Christmas tree growers, and granting rule-making authority.

Analysis by the Legislative Reference Bureau

Under current law, the Department of Agriculture, Trade and Consumer Protection (DATCP) licenses nursery growers, nursery dealers, and Christmas tree growers. A nursery grower is a person who grows nursery stock for sale. A nursery dealer is a person, other than a nursery grower, who sells or distributes nursery stock. This bill makes changes in the laws related to nursery growers, nursery dealers, and Christmas tree growers.

The bill authorizes DATCP to change by rule the annual license fees for nursery growers, nursery dealers, and Christmas tree growers.

Under current law, a nursery grower who also sells nursery stock obtained from another source is not required to obtain a nursery dealer license. This bill requires a nursery grower who sells nursery stock obtained from another source to obtain a nursery dealer license, in addition to a nursery grower license.

Under current law, a nursery grower who also grows Christmas trees is not required to obtain a Christmas tree grower license, but is required to pay an additional fee equal to the fee paid by Christmas tree growers. Under this bill, a nursery grower who also grows Christmas trees must obtain a Christmas tree grower license, in addition to a nursery grower license. The bill does not change the total amount of fees that the nursery grower must pay.

The bill increases the annual license fee that must be paid by a nursery dealer who spends more than $3,000,000 in a year for nursery stock.

The bill clarifies that nursery growers, nursery dealers, and Christmas tree growers may operate from more than one location under a single license.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB554, s. 1 Section 1. 94.10 (1) (a) of the statutes is amended to read:

AB554,2,6 94.10 (1) (a) "Christmas tree grower" means a person who grows evergreen trees in this state for eventual harvest cutting and sale as Christmas trees, except that "Christmas tree grower" does not include a person who grows evergreen trees for eventual harvest and sale as Christmas trees if the person also grows nursery stock for sale and if the person is licensed under sub. (3).

AB554, s. 2 Section 2. 94.10 (1) (d) of the statutes is renumbered 94.10 (1) (d) (intro.) and amended to read:

AB554,2,12 94.10 (1) (d) (intro.) "Nursery dealer" means a person, other than a nursery grower, who sells, offers for sale, or distributes nursery stock from a location one or more locations in this state, except that "nursery dealer" does not include an employee any of the following:

AB554,3,1 1. An employee of a person licensed under this section sub. (2).

AB554, s. 3 Section 3. 94.10 (1) (d) 2. of the statutes is created to read:

AB554,3,4 94.10 (1) (d) 2. A nursery grower licensed under sub. (3) who only sells, offers for sale, or distributes nursery stock that the nursery grower has grown.

AB554, s. 4 Section 4. 94.10 (1) (e) of the statutes is amended to read:

AB554,3,8 94.10 (1) (e) "Nursery grower" means a person who owns or operates a nursery in this state, except that "nursery grower" does not include an employee of a person licensed under sub. (3).

AB554, s. 5 Section 5. 94.10 (1) (f) of the statutes is amended to read:

AB554,3,13 94.10 (1) (f) "Nursery stock" means plants and plant parts that can be propagated or grown, excluding except that "nursery stock" does not include seeds, sod, cranberry cuttings, annuals and evergreen trees grown for eventual harvest and sale as, or cut Christmas trees.

AB554, s. 6 Section 6. 94.10 (2) (b) 2. and 5. of the statutes are amended to read:

AB554,3,16 94.10 (2) (b) 2. The address of each location in this state at which the applicant proposes to hold nursery stock for sale or distribution.

AB554,3,19 5. Other information reasonably required by the department for licensing purposes, including information related to the types and sources of nursery stock that the applicant sells or distributes from locations in this state.

AB554, s. 7 Section 7. 94.10 (2) (c) of the statutes is amended to read:

AB554,3,23 94.10 (2) (c) License fee. A Except as otherwise provided by the department by rule, a nursery dealer shall pay the following annual license fee, based on the nursery dealer's annual purchases calculated according to determined under par. (e):

AB554,3,25 1. If the nursery dealer buys has annual purchases of no more than $5,000 worth of nursery stock for resale, $30.

AB554,4,2 2. If the nursery dealer buys has annual purchases of more than $5,000 but not more than $20,000 worth of nursery stock for resale, $50.

AB554,4,4 3. If the nursery dealer buys has annual purchases of more than $20,000 but not more than $100,000 worth of nursery stock for resale, $100.

AB554,4,6 4. If the nursery dealer buys has annual purchases of more than $100,000 but not more than $200,000 worth of nursery stock for resale, $150.

AB554,4,8 5. If the nursery dealer buys has annual purchases of more than $200,000 but not more than $500,000 worth of nursery stock for resale, $200.

AB554,4,10 6. If the nursery dealer buys has annual purchases of more than $500,000 but not more than $2,000,000 worth of nursery stock for resale, $300.

AB554,4,12 7. If the nursery dealer buys has annual purchases of more than $2,000,000 worth of nursery stock for resale but not more than $3,000,000, $400.

AB554, s. 8 Section 8. 94.10 (2) (c) 8. of the statutes is created to read:

AB554,4,15 94.10 (2) (c) 8. If the nursery dealer has annual purchases of more than $3,000,000, the amount of the nursery dealer's annual purchases times 0.0005.

AB554, s. 9 Section 9. 94.10 (2) (e) of the statutes is repealed and recreated to read:

AB554,4,23 94.10 (2) (e) Annual purchases; nursery dealer. 1. For the purposes of par. (c) the amount of a nursery dealer's annual purchases is the total cost that the nursery dealer incurred during the nursery dealer's last completed fiscal year for all nursery stock that the nursery dealer acquired for sale or distribution from locations in this state, except as provided in subd. 2. The amount of a nursery dealer's annual purchases does not include the cost of nursery stock that the nursery dealer grows under a license under sub. (3) or an equivalent license in another state.

AB554,5,2 2. If a nursery dealer made no purchases of nursery stock during the nursery dealer's last completed fiscal year, the amount of annual purchases is the nursery dealer's good faith prediction of purchases described in subd. 1. during the nursery dealer's current fiscal year.

AB554, s. 10 Section 10. 94.10 (2) (f) 1. and 2. of the statutes are amended to read:

AB554,5,6 94.10 (2) (f) 1. A person whose only sales of nursery stock are who sells or distributes nursery stock only at retail and whose total sales totaling less than from all locations in this state during the license year do not exceed $250 annually.

AB554,5,9 2. A person selling or offering to sell who sells or distributes nursery stock solely for the benefit of a nonprofit organization, for a period total of not more than 7 consecutive days in this state during the license year.

AB554, s. 11 Section 11. 94.10 (3) (b) 2., 3. and 5. of the statutes are amended to read:

AB554,5,13 94.10 (3) (b) 2. The address of each location in this state at which the applicant operates a nursery, grows evergreen trees for eventual sale as Christmas trees or holds nursery stock or Christmas trees for sale or distribution.

AB554,5,14 3. The license fee required under par. (c) and under par. (cm), if applicable.

AB554,5,17 5. Other information reasonably required by the department for licensing purposes, including information related to the types of nursery stock that the applicant grows in this state.

AB554, s. 12 Section 12. 94.10 (3) (c) of the statutes is amended to read:

AB554,5,22 94.10 (3) (c) License fee. A Except as otherwise provided by the department by rule, a nursery grower shall pay the following annual license fee, based on the nursery grower's annual sales calculated according to determined under par. (e), plus the additional license fee under par. (cm), if applicable:

AB554,5,24 1. If the nursery grower annually sells has annual sales of no more than $5,000 worth of nursery stock, $40.

AB554,6,2 2. If the nursery grower annually sells has annual sales of more than $5,000 but not more than $20,000 worth of nursery stock, $75.

AB554,6,4 3. If the nursery grower annually sells has annual sales of more than $20,000 but not more than $100,000 worth of nursery stock, $125.

AB554,6,6 4. If the nursery grower annually sells has annual sales of more than $100,000 but not more than $200,000 worth of nursery stock, $200.

AB554,6,8 5. If the nursery grower annually sells has annual sales of more than $200,000 but not more than $500,000 worth of nursery stock, $350.

AB554,6,10 6. If the nursery grower annually sells has annual sales of more than $500,000 but not more than $2,000,000 worth of nursery stock, $600.

AB554,6,12 7. If the nursery grower annually sells has annual sales of more than $2,000,000 worth of nursery stock, $1,200.

AB554, s. 13 Section 13. 94.10 (3) (cm) of the statutes is repealed.

AB554, s. 14 Section 14. 94.10 (3) (d) of the statutes is amended to read:

AB554,6,21 94.10 (3) (d) Surcharge for operating without a license. In addition to the fee required under par. (c) and under par. (cm), if applicable, 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).

AB554, s. 15 Section 15. 94.10 (3) (e) of the statutes is repealed and recreated to read:

AB554,7,2 94.10 (3) (e) Annual sales; nursery grower. 1. For the purposes of par. (c) the amount of a nursery grower's annual sales is the nursery grower's gross receipts, during the nursery grower's last completed fiscal year, from the sale, consignment, or other distribution of nursery stock that the nursery grower grew at nurseries in this state, except as provided in subd. 2.

AB554,7,6 2. If, during a nursery grower's last completed fiscal year, the nursery grower made no sales of nursery stock that the nursery grower grew at nurseries in this state, the amount of annual sales is the nursery grower's good faith prediction of sales described in subd. 1. during the nursery grower's current fiscal year.

AB554, s. 16 Section 16. 94.10 (3) (f) 1. and 2. of the statutes are amended to read:

AB554,7,11 94.10 (3) (f) 1. A nursery grower whose who sells or distributes nursery stock only sales of nursery stock and Christmas trees are at retail and whose total sales totaling less than from all locations in this state during the license year do not exceed $250 annually.

AB554,7,14 2. A person growing who sells or distributes nursery stock only for sale solely for the benefit of a nonprofit organization, for a period total of not more than 7 days consecutive days in this state during the license year.

AB554, s. 17 Section 17. 94.10 (3g) (c) of the statutes is amended to read:

AB554,7,19 94.10 (3g) (c) License fee. A Except as otherwise provided by the department by rule, a Christmas tree grower shall pay the following annual license fee, based on the Christmas tree grower's annual sales calculated according to determined under par. (d):

AB554,7,21 1. If the Christmas tree grower annually sells has annual sales of no more than $5,000 worth of Christmas trees, $20.

AB554,7,23 2. If the Christmas tree grower annually sells has annual sales of more than $5,000 but not more than $20,000 worth of Christmas trees, $55.

AB554,7,25 3. If the Christmas tree grower annually sells has annual sales of more than $20,000 but not more than $100,000 worth of Christmas trees, $90.

AB554,8,2 4. If the Christmas tree grower annually sells has annual sales of more than $100,000 but not more than $200,000 worth of Christmas trees, $150.

AB554,8,4 5. If the Christmas tree grower annually sells has annual sales of more than $200,000 but not more than $500,000 worth of Christmas trees, $250.

AB554,8,6 6. If the Christmas tree grower annually sells has annual sales of more than $500,000 but not more than $2,000,000 worth of Christmas trees, $450.

AB554,8,8 7. If the Christmas tree grower annually sells has annual sales of more than $2,000,000 worth of Christmas trees, $900.

AB554, s. 18 Section 18. 94.10 (3g) (d) of the statutes is repealed and recreated to read:

AB554,8,14 94.10 (3g) (d) Annual sales; Christmas tree grower. 1. For the purposes of par. (c) the amount of a Christmas tree grower's annual sales is the Christmas tree grower's gross receipts, during the Christmas tree grower's last completed fiscal year, from the sale, consignment, or other distribution of Christmas trees that the Christmas tree grower grew at locations in this state, except as provided in subd. 2.

AB554,8,19 2. If, during a Christmas tree grower's last completed fiscal year, the Christmas tree grower made no sales of Christmas trees that the Christmas tree grower grew at locations in this state, the amount of annual sales is the Christmas tree grower's good faith prediction of sales described in subd. 1. during the Christmas tree grower's current fiscal year.

AB554, s. 19 Section 19. 94.10 (3g) (e) of the statutes is amended to read:

AB554,8,24 94.10 (3g) (e) Exemption. Paragraph (a) does not apply to a Christmas tree grower whose only sales of who sells or distributes Christmas trees are only at retail and whose total Christmas tree sales totaling less than in this state during the license year do not exceed $250 annually.

AB554, s. 20 Section 20. 94.10 (3m) (b) of the statutes is amended to read:

AB554,9,5 94.10 (3m) (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, grow evergreen trees for eventual sale as Christmas trees or hold Christmas trees or nursery stock for sale. The license holder shall specify the address of the new location in the notice.

AB554, s. 21 Section 21. 94.10 (4) (title) of the statutes is repealed and recreated to read:

AB554,9,7 94.10 (4) (title) Records.

AB554, s. 22 Section 22. 94.10 (4) (a) (intro.) and 2. of the statutes are amended to read:

AB554,9,13 94.10 (4) (a) Nursery dealers; records of nursery stock received. (intro.) A Each nursery dealer, nursery grower, and Christmas tree grower shall keep a record of every shipment of nursery stock received by the nursery dealer, nursery grower, or Christmas tree grower. The nursery dealer, nursery grower, or Christmas tree grower shall include all of the following in the record:

AB554,9,15 2. The name and address of the source from which the nursery dealer received of the shipment.

AB554, s. 23 Section 23. 94.10 (4) (b) (intro.) and 2. of the statutes are amended to read: