2019 - 2020 LEGISLATURE
October 1, 2019 - Introduced by Representatives Vruwink, Tranel, Anderson,
Billings, Bowen, Considine, Doyle, Edming, Emerson, Fields, Hebl, Hintz,
Kolste, Kulp, Neubauer, Sargent, Shankland, Skowronski, Spreitzer,
Stuck, Zamarripa, Haywood and C. Taylor, cosponsored by Senators Smith,
Carpenter, Erpenbach, Larson, Ringhand, Schachtner, Shilling and L.
Taylor. Referred to Committee on Agriculture.
1An Act to create
20.115 (4) (ap) and 93.485 of the statutes; relating to: creating
2a Small Farm Diversity grant program, providing an exemption from
3emergency rule procedures, granting rule-making authority, and making an
Analysis by the Legislative Reference Bureau
This bill requires the Department of Agriculture, Trade and Consumer
Protection to create a Small Farm Diversity grant program, under which DATCP
may award grants of up to $50,000 to 1) a new agricultural producer to fund start-up
costs for a new agricultural operation that will be conducted on 50 acres or less of
land; 2) an existing agricultural producer to fund costs for adding a new agricultural
product or increasing production of an agricultural product as part of an agricultural
operation that is conducted on 50 acres or less of land; or 3) an existing agricultural
producer, for the purpose of reducing existing equipment debt, if the producer has
added a new agricultural product or increased production of an agricultural product
as part of an agricultural operation that is conducted on 50 acres or less of land. The
bill appropriates $500,000 in general purpose revenue biennially for this purpose.
The bill also requires a grant recipient to provide equal matching funds for its
operations and outlines certain reporting requirements the recipient must follow
during the three years after receiving a grant. Under the bill, if a grant recipient does
not use the grant funds for the purpose for which the grant is made, fails to submit
required information, or falsifies information submitted, the recipient must repay
the grant funds to the extent directed by DATCP.
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:
20.005 (3) (schedule) of the statutes: at the appropriate place, insert 2
the following amounts for the purposes indicated:
- See PDF for table
20.115 (4) (ap) of the statutes is created to read:
(ap) Small farm diversity grants.
Biennially, the amounts in the 5
schedule for small farm diversity grants under s. 93.485.
93.485 of the statutes is created to read:
793.485 Small farm diversity grant program. (1)
For the purposes of 8
supporting new agricultural producers and increasing the diversity of agricultural 9
production in this state, the department may award grants from the appropriation 10
under s. 20.115 (4) (ap) to new agricultural producers to fund start-up costs for new 11
agricultural production operations that will be conducted on 50 acres or less of land; 12
to existing agricultural producers to fund costs for adding a new agricultural 13
product, as defined in s. 348.27 (18) (a), or increasing production of an agricultural 14
product, as part of an agricultural production operation that is conducted on 50 acres 15
or less of land; or to existing agricultural producers that have added a new
agricultural product or increased production of an agricultural product as part of an 2
agricultural production operation that is conducted on 50 acres or less of land, for the 3
purpose of reducing existing equipment debt. The department may not award a 4
grant under this section of more than $50,000, and may not award a grant under this 5
section unless the applicant contributes matching funds equal to the amount of the 6
proposed grant. The department shall promulgate rules for the program under this 7
An individual or organization that receives a grant under this section shall 9
submit all of the following to the department:
(a) One year after receiving the grant, a report that includes an itemized list 11
of expenditures for which the grant was used and the amount of each expenditure; 12
the amount of income earned from the agricultural operation; the number of 13
employees of the agricultural operation; and any other information required by the 14
department by rule.
(b) Two years and 3 years after receiving the grant, reports that include the 16
amount of income earned from the agricultural operation; the number of employees 17
of the agricultural operation; and any other information required by the department 18
If the recipient of a grant under this section fails to use the grant funds for 20
the purposes specified in sub. (1), fails to submit the reports under sub. (2), or 21
knowingly provides false information in a report submitted under sub. (2), the grant 22
recipient shall repay the grant funds to the department to the extent and in the 23
manner directed by the department, and the department shall include this 24
requirement in any grant agreement with the grant recipient.
(1) Emergency rules.
The department of agriculture, trade and consumer 2
protection may promulgate emergency rules under s. 227.24 implementing s. 93.485. 3
Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this 4
subsection remain in effect until the first day of the 19th month beginning after the 5
effective date of this subsection or the date on which permanent rules take effect, 6
whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the department of 7
agriculture, trade and consumer protection is not required to provide evidence that 8
promulgating a rule under this subsection as an emergency rule is necessary for the 9
preservation of public peace, health, safety, or welfare and is not required to provide 10
a finding of emergency for a rule promulgated under this subsection.