2007 - 2008 LEGISLATURE
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
1An Act to repeal 94.10 (3) (cm);
to renumber 94.10 (7) (a) 1.;
to renumber and
2amend 94.10 (1) (d);
to consolidate, renumber and amend 94.10 (7) (a)
3(intro.) and 2.;
to amend 94.10 (1) (a), 94.10 (1) (e), 94.10 (1) (f), 94.10 (2) (b)
42. and 5., 94.10 (2) (c), 94.10 (2) (f) 1. and 2., 94.10 (3) (b) 2., 3. and 5., 94.10 (3)
5(c), 94.10 (3) (d), 94.10 (3) (f) 1. and 2., 94.10 (3g) (c), 94.10 (3g) (e), 94.10 (3m)
6(b), 94.10 (4) (a) (intro.) and 2., 94.10 (4) (b) (intro.) and 2., 94.10 (4) (c), 94.10
7(5) (b) and 94.10 (7) (b) 3.;
to repeal and recreate 94.10 (2) (e), 94.10 (3) (e),
894.10 (3g) (d) and 94.10 (4) (title); and
to create 94.10 (1) (d) 2., 94.10 (2) (c) 8.
9and 94.10 (7) (c) of the statutes;
relating to: nursery dealers, nursery growers,
10Christmas 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
1Section
1. 94.10 (1) (a) of the statutes is amended to read:
AB554,2,62
94.10
(1) (a) "Christmas tree grower" means a person who grows evergreen
3trees
in this state for eventual
harvest cutting and sale as Christmas trees
, except
4that "Christmas tree grower" does not include a person who grows evergreen trees
5for eventual harvest and sale as Christmas trees if the person also grows nursery
6stock for sale and if the person is licensed under sub. (3).
AB554, s. 2
7Section
2. 94.10 (1) (d) of the statutes is renumbered 94.10 (1) (d) (intro.) and
8amended to read:
AB554,2,129
94.10
(1) (d) (intro.) "Nursery dealer" means a person
, other than a nursery
10grower, who sells, offers for sale
, or distributes nursery stock from
a location one or
11more locations in this state, except that "nursery dealer" does not include
an
12employee any of the following:
AB554,3,1
11. An employee of a person licensed under
this section sub. (2).
AB554, s. 3
2Section
3. 94.10 (1) (d) 2. of the statutes is created to read:
AB554,3,43
94.10
(1) (d) 2. A nursery grower licensed under sub. (3) who only sells, offers
4for sale, or distributes nursery stock that the nursery grower has grown.
AB554, s. 4
5Section
4. 94.10 (1) (e) of the statutes is amended to read:
AB554,3,86
94.10
(1) (e) "Nursery grower" means a person who owns or operates a nursery
7in this state, except that "nursery grower" does not include an employee of a person
8licensed under sub. (3).
AB554, s. 5
9Section
5. 94.10 (1) (f) of the statutes is amended to read:
AB554,3,1310
94.10
(1) (f) "Nursery stock" means plants and plant parts that can be
11propagated or grown,
excluding except that "nursery stock" does not include seeds,
12sod, cranberry cuttings, annuals
and evergreen trees grown for eventual harvest and
13sale as, or cut Christmas trees.
AB554, s. 6
14Section
6. 94.10 (2) (b) 2. and 5. of the statutes are amended to read:
AB554,3,1615
94.10
(2) (b) 2. The address of each location
in this state at which the applicant
16proposes to hold nursery stock for sale
or distribution.
AB554,3,1917
5. Other information reasonably required by the department for licensing
18purposes
, including information related to the types and sources of nursery stock
19that the applicant sells or distributes from locations in this state.
AB554, s. 7
20Section
7. 94.10 (2) (c) of the statutes is amended to read:
AB554,3,2321
94.10
(2) (c)
License fee. A Except as otherwise provided by the department
22by rule, a nursery dealer shall pay the following annual license fee, based on
the
23nursery dealer's annual purchases
calculated according to determined under par. (e):
AB554,3,2524
1. If the nursery dealer
buys has annual purchases of no more than $5,000
25worth of nursery stock for resale, $30.
AB554,4,2
12. If the nursery dealer
buys has annual purchases of more than $5,000 but not
2more than $20,000
worth of nursery stock for resale, $50.
AB554,4,43
3. If the nursery dealer
buys has annual purchases of more than $20,000 but
4not more than $100,000
worth of nursery stock for resale, $100.
AB554,4,65
4. If the nursery dealer
buys has annual purchases of more than $100,000 but
6not more than $200,000
worth of nursery stock for resale, $150.
AB554,4,87
5. If the nursery dealer
buys has annual purchases of more than $200,000 but
8not more than $500,000
worth of nursery stock for resale, $200.
AB554,4,109
6. If the nursery dealer
buys has annual purchases of more than $500,000 but
10not more than $2,000,000
worth of nursery stock for resale, $300.
AB554,4,1211
7. If the nursery dealer
buys has annual purchases of more than $2,000,000
12worth of nursery stock for resale but not more than $3,000,000, $400.
AB554, s. 8
13Section
8. 94.10 (2) (c) 8. of the statutes is created to read:
AB554,4,1514
94.10
(2) (c) 8. If the nursery dealer has annual purchases of more than
15$3,000,000, the amount of the nursery dealer's annual purchases times 0.0005.
AB554, s. 9
16Section
9. 94.10 (2) (e) of the statutes is repealed and recreated to read:
AB554,4,2317
94.10
(2) (e)
Annual purchases; nursery dealer. 1. For the purposes of par. (c)
18the amount of a nursery dealer's annual purchases is the total cost that the nursery
19dealer incurred during the nursery dealer's last completed fiscal year for all nursery
20stock that the nursery dealer acquired for sale or distribution from locations in this
21state, except as provided in subd. 2. The amount of a nursery dealer's annual
22purchases does not include the cost of nursery stock that the nursery dealer grows
23under a license under sub. (3) or an equivalent license in another state.
AB554,5,224
2. If a nursery dealer made no purchases of nursery stock during the nursery
25dealer's last completed fiscal year, the amount of annual purchases is the nursery
1dealer's good faith prediction of purchases described in subd. 1. during the nursery
2dealer's current fiscal year.
AB554, s. 10
3Section
10. 94.10 (2) (f) 1. and 2. of the statutes are amended to read:
AB554,5,64
94.10
(2) (f) 1. A person
whose only sales of nursery stock are who sells or
5distributes nursery stock only at retail
and whose total sales
totaling less than from
6all locations in this state during the license year do not exceed $250
annually.
AB554,5,97
2. A person
selling or offering to sell who sells or distributes nursery stock
solely 8for the benefit of a nonprofit organization, for a
period total of not more than 7
9consecutive days
in this state during the license year.
AB554, s. 11
10Section
11. 94.10 (3) (b) 2., 3. and 5. of the statutes are amended to read:
AB554,5,1311
94.10
(3) (b) 2. The address of each location in this state at which the applicant
12operates a nursery
, grows evergreen trees for eventual sale as Christmas trees or
13holds nursery stock
or Christmas trees for sale
or distribution.
AB554,5,1414
3. The license fee required under par. (c)
and under par. (cm), if applicable.
AB554,5,1715
5. Other information reasonably required by the department for licensing
16purposes
, including information related to the types of nursery stock that the
17applicant grows in this state.
AB554, s. 12
18Section
12. 94.10 (3) (c) of the statutes is amended to read:
AB554,5,2219
94.10
(3) (c)
License fee. A Except as otherwise provided by the department
20by rule, a nursery grower shall pay the following annual license fee, based on
the
21nursery grower's annual sales
calculated according to determined under par. (e)
,
22plus the additional license fee under par. (cm), if applicable:
AB554,5,2423
1. If the nursery grower
annually sells has annual sales of no more than $5,000
24worth of nursery stock, $40.
AB554,6,2
12. If the nursery grower
annually sells has annual sales of more than $5,000
2but not more than $20,000 worth of nursery stock, $75.
AB554,6,43
3. If the nursery grower
annually sells has annual sales of more than $20,000
4but not more than $100,000 worth of nursery stock, $125.
AB554,6,65
4. If the nursery grower
annually sells has annual sales of more than $100,000
6but not more than $200,000 worth of nursery stock, $200.
AB554,6,87
5. If the nursery grower
annually sells has annual sales of more than $200,000
8but not more than $500,000 worth of nursery stock, $350.
AB554,6,109
6. If the nursery grower
annually sells has annual sales of more than $500,000
10but not more than $2,000,000 worth of nursery stock, $600.
AB554,6,1211
7. If the nursery grower
annually sells has annual sales of more than
12$2,000,000 worth of nursery stock, $1,200.
AB554, s. 13
13Section
13. 94.10 (3) (cm) of the statutes is repealed.
AB554, s. 14
14Section
14. 94.10 (3) (d) of the statutes is amended to read:
AB554,6,2115
94.10
(3) (d)
Surcharge for operating without a license. In addition to the fee
16required under par. (c)
and under par. (cm), if applicable, an applicant for a nursery
17grower license shall pay a surcharge equal to the amount of that fee if the department
18determines that, within 365 days before submitting that application, the applicant
19operated as a nursery grower without a license in violation of par. (a). Payment of
20the surcharge does not relieve the applicant of any other penalty or liability that may
21result from the violation, but does not constitute evidence of a violation of par. (a).
AB554, s. 15
22Section
15. 94.10 (3) (e) of the statutes is repealed and recreated to read:
AB554,7,223
94.10
(3) (e)
Annual sales; nursery grower. 1. For the purposes of par. (c) the
24amount of a nursery grower's annual sales is the nursery grower's gross receipts,
25during the nursery grower's last completed fiscal year, from the sale, consignment,
1or other distribution of nursery stock that the nursery grower grew at nurseries in
2this state, except as provided in subd. 2.
AB554,7,63
2. If, during a nursery grower's last completed fiscal year, the nursery grower
4made no sales of nursery stock that the nursery grower grew at nurseries in this
5state, the amount of annual sales is the nursery grower's good faith prediction of
6sales described in subd. 1. during the nursery grower's current fiscal year.
AB554, s. 16
7Section
16. 94.10 (3) (f) 1. and 2. of the statutes are amended to read:
AB554,7,118
94.10
(3) (f) 1. A nursery grower
whose who sells or distributes nursery stock 9only
sales of nursery stock and Christmas trees are
at retail
and whose total sales
10totaling less than from all locations in this state during the license year do not exceed 11$250
annually.
AB554,7,1412
2. A person
growing who sells or distributes nursery stock
only for sale solely 13for the benefit of a nonprofit organization, for a
period total of not more than 7
days 14consecutive days in this state during the license year.
AB554, s. 17
15Section
17. 94.10 (3g) (c) of the statutes is amended to read:
AB554,7,1916
94.10
(3g) (c)
License fee. A Except as otherwise provided by the department
17by rule, a Christmas tree grower shall pay the following annual license fee, based on
18the Christmas tree grower's annual sales
calculated according to determined under 19par. (d):
AB554,7,2120
1. If the Christmas tree grower
annually sells has annual sales of no more than
21$5,000
worth of Christmas trees, $20.
AB554,7,2322
2. If the Christmas tree grower
annually sells has annual sales of more than
23$5,000 but not more than $20,000
worth of Christmas trees, $55.
AB554,7,2524
3. If the Christmas tree grower
annually sells has annual sales of more than
25$20,000 but not more than $100,000
worth of Christmas trees, $90.
AB554,8,2
14. If the Christmas tree grower
annually sells
has annual sales of more than
2$100,000 but not more than $200,000
worth of Christmas trees, $150.
AB554,8,43
5. If the Christmas tree grower
annually sells has annual sales of more than
4$200,000 but not more than $500,000
worth of Christmas trees, $250.
AB554,8,65
6. If the Christmas tree grower
annually sells has annual sales of more than
6$500,000 but not more than $2,000,000
worth of Christmas trees, $450.
AB554,8,87
7. If the Christmas tree grower
annually sells has annual sales of more than
8$2,000,000
worth of Christmas trees, $900.
AB554, s. 18
9Section
18. 94.10 (3g) (d) of the statutes is repealed and recreated to read:
AB554,8,1410
94.10
(3g) (d)
Annual sales; Christmas tree grower. 1. For the purposes of par.
11(c) the amount of a Christmas tree grower's annual sales is the Christmas tree
12grower's gross receipts, during the Christmas tree grower's last completed fiscal
13year, from the sale, consignment, or other distribution of Christmas trees that the
14Christmas tree grower grew at locations in this state, except as provided in subd. 2.
AB554,8,1915
2. If, during a Christmas tree grower's last completed fiscal year, the Christmas
16tree grower made no sales of Christmas trees that the Christmas tree grower grew
17at locations in this state, the amount of annual sales is the Christmas tree grower's
18good faith prediction of sales described in subd. 1. during the Christmas tree grower's
19current fiscal year.
AB554, s. 19
20Section
19. 94.10 (3g) (e) of the statutes is amended to read:
AB554,8,2421
94.10
(3g) (e)
Exemption. Paragraph (a) does not apply to a Christmas tree
22grower
whose only sales of who sells or distributes Christmas trees
are only at retail
23and whose total Christmas tree sales
totaling less than in this state during the
24license year do not exceed $250
annually.
AB554, s. 20
25Section
20. 94.10 (3m) (b) of the statutes is amended to read:
AB554,9,5
194.10
(3m) (b) The holder of a nursery grower license shall notify the
2department in writing before adding, during the license year, any new location at
3which the license holder will operate a nursery
, grow evergreen trees for eventual
4sale as Christmas trees or hold
Christmas trees or nursery stock for sale. The license
5holder shall specify the address of the new location in the notice.
AB554, s. 21
6Section
21. 94.10 (4) (title) of the statutes is repealed and recreated to read:
