AB392: Bill Text

LRB-2767/2

RCT:mfd:jf

1997 - 1998 LEGISLATURE

1997 Assembly BILL 392

May 27, 1997 - Introduced by Representatives Ott, Otte, Brandemuehl, Sykora, Ward, Hahn, Ainsworth, Powers and Owens, cosponsored by Senator Roessler. Referred to Committee on Agriculture.

AB392,1,9 An Act to repeal 15.135 (5) and 93.50 (1) (b); to renumber and amend 93.51; to amend 20.115 (9) (a), 93.50 (1) (d), 93.50 (2) (title), 93.50 (2) (a), 93.50 (2) (am), 93.50 (2) (b), 93.50 (2) (d), 93.50 (2) (e), 93.50 (2) (f), 93.50 (3) (am) 6., 93.50 (3) (b), 93.50 (3) (e), 93.50 (3) (f), 93.50 (4) (b) and 93.50 (4) (e); to repeal and recreate 93.51 (1), (2) (title) and (c) and (3); and to create 93.52 and 904.15 of the statutes; relating to: the farm mediation and arbitration program, eliminating the farm mediation and arbitration board, the farmer assistance program, exit from and entry into the dairy industry, granting rule-making authority and making an appropriation.

Analysis by the Legislative Reference Bureau

Farmer assistance program

Current law authorizes the department of agriculture, trade and consumer protection (DATCP) to administer a farmer assistance program to provide consultation and assistance to distressed farmers. The program may use volunteers to advise farmers about financial matters and other concerns. Current law does not establish eligibility requirements for participation in the farmer assistance program.

Under this bill, to receive assistance under the farmer assistance program, a farmer's gross sales of farm products for the preceding year must equal or exceed 2,088 times the federal minimum hourly wage. The bill requires DATCP to provide any necessary training to persons who DATCP accepts as volunteer advisors under the farmer assistance program and to compensate those persons for travel and other necessary expenses. The bill requires DATCP and volunteer advisors to keep confidential all information obtained in providing advice and counseling, except that the confidentiality requirement does not apply to reports of child abuse.

Farm mediation and arbitration program

Under current law, DATCP and the farm mediation and arbitration board (board) administer the farm mediation and arbitration program. The board has rule-making authority and selects mediators and arbitrators. To be eligible to participate in the farm mediation and arbitration program a farmer must own or lease at least 60 acres of agricultural property and have gross sales of farm products of at least $20,000 for the preceding year.

This bill eliminates the 60 acre requirement for eligibility to participate in the farm mediation and arbitration program and changes the minimum required value of gross sales of farm products to 2,088 times the federal minimum hourly wage. This bill eliminates the board and transfers the board's current responsibilities concerning the farm mediation and arbitration program, including rule-making, to DATCP.

Dairy farmer exit and entry

This bill requires DATCP to administer a program to assist in the transfer of farm operations from persons exiting the dairy industry to persons wishing to enter the industry. The bill requires DATCP to keep confidential information obtained under the program.

Admissibility of evidence

This bill provides that communication made in the course of providing assistance under the farmer assistance program, the dairy farmer exit and entry program or the stray voltage program is generally not admissible in evidence or subject to discovery or subpoena in any judicial or administrative proceeding.

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:

AB392, s. 1 Section 1. 15.135 (5) of the statutes is repealed.

AB392, s. 2 Section 2. 20.115 (9) (a) of the statutes is amended to read:

AB392,2,4 20.115 (9) (a) General program operations. The amounts in the schedule for general program operations under ss. 93.50 and, 93.51 and 93.52.

AB392, s. 3 Section 3. 93.50 (1) (b) of the statutes is repealed.

AB392, s. 4 Section 4. 93.50 (1) (d) of the statutes is amended to read:

AB392,3,7 93.50 (1) (d) "Farmer" means a farmer, as defined in s. 102.04 (3), who owns or leases a total of 60 acres or more of land that is agricultural property and whose gross sales of farm products for the preceding year equaled $20,000 or more or exceeded the product of 2,088 multiplied by the federal minimum hourly wage under 29 USC 206 (a) 1.

AB392, s. 5 Section 5. 93.50 (2) (title) of the statutes is amended to read:

AB392,3,9 93.50 (2) (title) Board, mediators Mediators and arbitrators.

AB392, s. 6 Section 6. 93.50 (2) (a) of the statutes is amended to read:

AB392,3,18 93.50 (2) (a) Selection of mediators. The board department shall select as mediators who are residents of this state, persons who have the character and ability to serve as mediators and who have knowledge of financial or agricultural matters or of mediation processes. The board department shall ensure that each mediator receives sufficient training in mediation processes, resolving conflicts, farm finance and management and the farm credit system and practices to enable the mediator credit and other subjects to develop or maintain the skills necessary to perform his or her functions under this section.

AB392, s. 7 Section 7. 93.50 (2) (am) of the statutes is amended to read:

AB392,4,4 93.50 (2) (am) Selection of arbitrators. The board department shall select as arbitrators who are residents of this state, persons who have the character and ability to serve as arbitrators and who have knowledge of financial or agricultural matters or of arbitration or other conflict resolution processes. The board shall ensure that each arbitrator receives sufficient department may provide training in arbitration processes, resolving conflicts, farm finance and management and the farm credit system and practices to enable the arbitrator or agricultural issues as part of the process of selecting arbitrators or to arbitrators selected by the department to enable arbitrators to maintain the skills necessary to perform his or her their functions under this section.

AB392, s. 8 Section 8. 93.50 (2) (b) of the statutes is amended to read:

AB392,4,8 93.50 (2) (b) Compensation of mediators and arbitrators. Mediators and arbitrators shall be compensated for travel and other necessary expenses in amounts approved by the board department.

AB392, s. 9 Section 9. 93.50 (2) (d) of the statutes is amended to read:

AB392,4,13 93.50 (2) (d) Forms and publicity. The board department shall prepare all forms necessary for the administration of this section and shall ensure that forms are disseminated and that the availability of mediation and arbitration under this section is publicized.

AB392, s. 10 Section 10. 93.50 (2) (e) of the statutes is amended to read:

AB392,4,20 93.50 (2) (e) Exclusion from open records law. All mediators and arbitrators shall keep confidential all information and records obtained in conducting mediation and arbitration. The board department shall keep confidential all information and records that may serve to identify any party to mediation and arbitration under this section. Any information required to be kept confidential under this paragraph may be disclosed if the board department and the parties agree to disclosure.

AB392, s. 11 Section 11. 93.50 (2) (f) of the statutes is amended to read:

AB392,5,3 93.50 (2) (f) The board department may promulgate rules necessary to implement this section. The board department may promulgate rules defining owners and creditors of agriculturally related businesses and permitting owners and creditors of such businesses to participate in mediation and arbitration subject to the same terms and conditions applicable to farmers and creditors under this section. The board may promulgate a rule under sub. (3) (am) 6. specifying a kind of dispute as eligible for mediation only with the approval of the department.

AB392, s. 12 Section 12. 93.50 (3) (am) 6. of the statutes is amended to read:

AB392,5,6 93.50 (3) (am) 6. A kind of dispute specified as eligible for mediation by the board department by rule.

AB392, s. 13 Section 13. 93.50 (3) (b) of the statutes is amended to read:

AB392,5,12 93.50 (3) (b) Request for mediation; agreement to mediate. To participate in mediation, the farmer or other party to a dispute described in par. (am) shall submit a request for mediation to the board department on forms prepared by the board department. The board department may not proceed under this section until the farmer and the other party have submitted an agreement to mediate.

AB392, s. 14 Section 14. 93.50 (3) (e) of the statutes is amended to read:

AB392,5,19 93.50 (3) (e) Selection of mediator. If the board department has obtained the agreement under par. (b), the farmer and the other party may request the board department to provide the names, mailing addresses and qualifications of up to 3 mediators located in the geographical area in which the agricultural property or farmer is located. The parties shall select a mediator or, upon request of the parties, the board department shall designate a mediator for the parties.

AB392, s. 15 Section 15. 93.50 (3) (f) of the statutes is amended to read:

AB392,6,2 93.50 (3) (f) Mediation. The function of the mediator is to encourage a voluntary settlement among the parties. The mediator may not compel a settlement. The mediator shall schedule meetings of the parties, direct the parties to prepare for the meetings, attempt to achieve a mediated resolution to the issues among the parties and, if the parties request, assist the parties in preparing a written agreement. All mediation meetings shall be held in this state and be conducted under the laws of this state.

AB392, s. 16 Section 16. 93.50 (4) (b) of the statutes is amended to read:

AB392,6,9 93.50 (4) (b) Request for arbitration; agreement to arbitrate. To participate in arbitration, the farmer and other party under par. (a) shall submit a request for arbitration to the board department on a form prepared by the board department. After receipt of the request, if the parties wish to proceed to arbitration under this subsection, the board department shall require the parties to enter into an agreement to binding arbitration on a form prepared by the board department.