AB392: Bill Text

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AB392, s. 1 Section 1. 15.135 (5) of the statutes is repealed.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AB392, s. 3 Section 3. 93.50 (1) (b) of the statutes is repealed.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.

AB392, s. 17 Section 17. 93.50 (4) (e) of the statutes is amended to read:

AB392,6,16 93.50 (4) (e) Selection of arbitrator. After 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 arbitrators located in the geographical area in which the agricultural property or farmer is located. The parties shall select an arbitrator or, upon request of the parties, the board department shall designate an arbitrator for the parties.

AB392, s. 18 Section 18. 93.51 of the statutes is renumbered 93.51 (2) (a) and amended to read:

AB392,6,24 93.51 (2) (a) The department may provide consultation and assistance to distressed farmers, which may include but is not limited to providing employment and retraining counseling for farmers needing employment other than farming, operating a program in which volunteers advise or counsel farmers about financial matters and other concerns and operating a crisis hotline for farmers. In addition, the

AB392,7,3 (b) The department may make grants to low-income farmers for the purpose of paying all or part of the tuition for a farmer who enrolls in a course on farm and business management techniques offered by a technical college.

AB392, s. 19 Section 19. 93.51 (1), (2) (title) and (c) and (3) of the statutes are created:

AB392,7,5 93.51 (1) Definitions. In this section:

AB392,7,6 (a) "Farmer" has the meaning given in s. 93.50 (1) (d).

AB392,7,7 (b) "Farming" has the meaning given in s. 102.04 (3).

AB392,7,9 (2) (title) Assistance program. (c) The department may promulgate rules necessary to implement this section.

AB392,7,12 (3) Advisors. (a) The department may select volunteers to provide advice and counseling services to distressed farmers. Advisors shall have expertise and experience in relevant areas of knowledge.

AB392,7,14 (b) The department shall provide any necessary training to advisors, including training concerning the making of voluntary child abuse reports under s. 48.981 (2).

AB392,7,16 (c) Advisors shall be compensated for travel and other necessary expenses in amounts approved by the department.

AB392,7,21 (d) Advisors and the department shall keep confidential all information obtained in the process of providing advice or counseling. Any such information contained in a record is not subject to the right of public inspection and copying under s. 19.35 (1). This paragraph does not apply to reports of child abuse under s. 48.981 (2).

AB392, s. 20 Section 20. 93.52 of the statutes is created to read:

AB392,8,4 93.52 Dairy farmer exit-entry program. The department shall administer a program to assist in the transfer of farm operations from persons exiting the dairy industry to persons wishing to enter the industry, including assistance in negotiating the financial and legal aspects of farm transfers. The department shall keep confidential information obtained under the program. Any such information contained in a record is not subject to the right of public inspection and copying under s. 19.35 (1).

AB392, s. 21 Section 21. 904.15 of the statutes is created to read:

AB392,8,10 904.15 Communication in farmer assistance programs. (1) Except as provided under sub. (2), no oral or written communication made in the course of providing or receiving advice or counseling under s. 93.51 or in providing or receiving assistance under s. 93.41 or 93.52 is admissible in evidence or subject to discovery or compulsory process in any judicial or administrative proceeding.

AB392,8,12 (2) (a) Subsection (1) does not apply to reports of child abuse made under s. 48.981 (2).

AB392,8,15 (b) Subsection (1) does not apply if the person receiving advice or counseling under s. 93.51 or assistance under s. 93.41 or 93.52 consents to admission or discovery of the communication.

AB392,8,17 (c) A court may admit evidence otherwise barred by this section if necessary to prevent a manifest injustice.

AB392, s. 22 Section 22. Nonstatutory provisions.

AB392,8,19 (1) Farm mediation and arbitration board.

AB392,8,23 (a) Rules. All rules promulgated by the farm mediation and arbitration board that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of agriculture, trade and consumer protection.

AB392,9,4 (b) Pending matters. Any matter pending with the farm mediation and arbitration board on the effective date of this paragraph is transferred to the department of agriculture, trade and consumer protection and all materials submitted to or actions taken by the farm mediation and arbitration board with respect to the pending matter are considered as having been submitted to or taken by the department of agriculture, trade and consumer protection.

AB392,9,5 (End)