2007 WISCONSIN ACT
62
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.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
94.10 (1) (a) of the statutes is amended to read:
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)
.
Section
2
.
94.10 (1) (d) of the statutes is renumbered 94.10 (1) (d) (intro.) and amended to read:
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:
1. An employee
of a person licensed under
this section
sub. (2)
.
Section
3
.
94.10 (1) (d) 2. of the statutes is created to read:
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.
Section
4
.
94.10 (1) (e) of the statutes is amended to read:
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)
.
Section
5
.
94.10 (1) (f) of the statutes is amended to read:
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.
Section
6
.
94.10 (2) (b) 2. and 5. of the statutes are amended to read:
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
.
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
.
Section
7
.
94.10 (2) (c) of the statutes is amended to read:
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):
1. If the nursery dealer
buys
has annual purchases of
no more than $5,000
worth of nursery stock for resale
, $30.
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.
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.
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.
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.
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.
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.
Section
8
.
94.10 (2) (c) 8. of the statutes is created to read:
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.
Section
9
.
94.10 (2) (e) of the statutes is repealed and recreated to read:
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.
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.
Section
10
.
94.10 (2) (f) 1. and 2. of the statutes are amended to read:
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
.
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
.
Section
11
.
94.10 (3) (b) 2., 3. and 5. of the statutes are amended to read:
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
.
3. The license fee required under par. (c)
and under par. (cm), if applicable
.
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
.
Section
12
.
94.10 (3) (c) of the statutes is amended to read:
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
:
1. If the nursery grower
annually sells
has annual sales of
no more than $5,000
worth of nursery stock
, $40.
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.
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.
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.
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.
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.
7. If the nursery grower
annually sells
has annual sales of
more than $2,000,000
worth of nursery stock
, $1,200.
Section
13
.
94.10 (3) (cm) of the statutes is repealed.
Section
14
.
94.10 (3) (d) of the statutes is amended to read:
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).
Section
15
.
94.10 (3) (e) of the statutes is repealed and recreated to read:
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.
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.
Section
16
.
94.10 (3) (f) 1. and 2. of the statutes are amended to read:
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
.
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
.
Section
17
.
94.10 (3g) (c) of the statutes is amended to read:
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):
1. If the Christmas tree grower
annually sells
has annual sales of
no more than $5,000
worth of Christmas trees
, $20.
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.
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.
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.
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.
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.
7. If the Christmas tree grower
annually sells
has annual sales of
more than $2,000,000
worth of Christmas trees
, $900.
Section
18
.
94.10 (3g) (d) of the statutes is repealed and recreated to read:
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.
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.
Section
19
.
94.10 (3g) (e) of the statutes is amended to read:
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
.
Section
20
.
94.10 (3m) (b) of the statutes is amended to read:
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.
Section
21
.
94.10 (4) (title) of the statutes is repealed and recreated to read:
94.10
(4)
(title)
Records.
Section
22
.
94.10 (4) (a) (intro.) and 2. of the statutes are amended to read:
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:
2. The name and address of the source
from which the nursery dealer received
of
the shipment.
Section
23
.
94.10 (4) (b) (intro.) and 2. of the statutes are amended to read:
94.10
(4)
(b)
Nursery
growers and dealers; records of shipments to other nursery growers and dealers
stock shipped
.
(intro.) Each nursery grower and nursery dealer shall
keep a
record
of
every shipment of nursery stock that the nursery grower or nursery dealer sells or distributes to another nursery grower
or
,
nursery dealer
, or Christmas tree grower
. The nursery grower or nursery dealer shall include all of the following in the record:
2. The name and address of the nursery grower
or
,
nursery dealer
, or Christmas tree grower
receiving the shipment.
Section
24
.
94.10 (4) (c) of the statutes is amended to read:
94.10
(4)
(c)
Records retained and made available.
A
nursery grower or nursery dealer
person
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
by the department
upon request.
Section
25
.
94.10 (5) (b) of the statutes is amended to read:
94.10
(5)
(b)
Growers and dealers to report unlabeled
Unlabeled
shipments.
Whenever any person tenders to a
Each
nursery grower
or
,
nursery dealer
, and Christmas tree grower shall promptly report to the department
any shipment of nursery stock
tendered to the nursery grower, nursery dealer, or Christmas tree grower
that is not fully labeled according to par. (a)
, the nursery grower or nursery dealer shall promptly report that unlabeled shipment to the department
.
Section
26
.
94.10 (7) (a) (intro.) and 2. of the statutes are consolidated, renumbered 94.10 (7) (a) and amended to read:
94.10
(7)
(a)
Nursery dealers.
No nursery dealer may
do any of the following: 2. Misrepresent
misrepresent
that the nursery dealer is a nursery grower.
Section
27
.
94.10 (7) (a) 1. of the statutes is renumbered 94.10 (7) (b) 1m.
Section
28
.
94.10 (7) (b) 3. of the statutes is amended to read:
94.10
(7)
(b) 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.
Section
29
.
94.10 (7) (c) of the statutes is created to read:
94.10
(7)
(c)
Christmas tree grower.
No Christmas tree grower may obtain nursery stock from any source other than an officially inspected source.
Section
30
.
Initial applicability.
(1) The treatment of section 94.10 (1) (a), (e), and (f), (2) (b) 2. and 5., (e), and (f) 1. and 2., (3) (b) 2., 3., and 5., (c), (cm), (d), (e), and (f) 1. and 2., (3g) (c), (d), and (e), and (3m) (b) of the statutes, the renumbering and amendment of section 94.10 (1) (d) of the statutes, the amendment of section 94.10 (2) (c) of the statutes, and the creation of section 94.10 (1) (d) 2. and (2) (c) 8. of the statutes first apply to applications made and fees paid for the license year that begins on February 21, 2009.
