LRB-4148/1
RCT:med:jf
2011 - 2012 LEGISLATURE
February 21, 2012 - Introduced by Representatives Nerison, Clark, Vruwink, A.
Ott, Tranel
and Spanbauer, cosponsored by Senators Schultz and Holperin.
Referred to Committee on Agriculture.
AB602,1,3 1An Act to repeal 91.02 (2) (o) and 91.84 (2); to amend 91.84 (1) (a), 91.84 (4) and
291.84 (5); and to create 91.84 (1m) and 91.84 (2m) of the statutes; relating to:
3designation, modification, and termination of agricultural enterprise areas.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Agriculture, Trade and Consumer
Protection (DATCP) administers the Farmland Preservation Program, which
contains some of the requirements that a farmer must meet to qualify for the
farmland preservation tax credit. Under current law, one requirement for qualifying
for the tax credit is that the farmland must either be in a farmland preservation
zoning district or be covered by a farmland preservation agreement executed by
DATCP. Current law prohibits DATCP from entering into new farmland
preservation agreements unless the farmland is in an agricultural enterprise area
targeted for agricultural preservation and development. Under current law, DATCP
designates agricultural enterprise areas by rule. The law allows DATCP to use
emergency rule-making procedures to designate agricultural enterprise areas.
Under this bill, DATCP designates agricultural enterprise areas by order,
rather than by rule.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB602, s. 1
1Section 1. 91.02 (2) (o) of the statutes is repealed.
AB602, s. 2 2Section 2. 91.84 (1) (a) of the statutes is amended to read:
AB602,2,43 91.84 (1) (a) 1. The department may by rule order designate agricultural
4enterprise areas targeted for agricultural preservation and development.
AB602,2,65 2. The department may by rule order modify or terminate the designation of
6an agricultural enterprise area.
AB602, s. 3 7Section 3. 91.84 (1m) of the statutes is created to read:
AB602,2,118 91.84 (1m) Publication of order. The department shall publish a notice of an
9order designating, modifying, or terminating an agricultural enterprise area,
10including a general description of the towns affected by the order, in the official state
11newspaper.
AB602, s. 4 12Section 4. 91.84 (2) of the statutes is repealed.
AB602, s. 5 13Section 5. 91.84 (2m) of the statutes is created to read:
AB602,2,1614 91.84 (2m) Effectiveness of prior designations. A rule designating an
15agricultural enterprise area under s. 91.84 (2), 2009 stats., remains in effect until
16December 31, 2012.
AB602, s. 6 17Section 6. 91.84 (4) of the statutes is amended to read:
AB602,2,2218 91.84 (4) Map. In a rule an order designating an agricultural enterprise area,
19the department shall include a map that clearly shows the boundaries of the
20proposed agricultural enterprise area so that a reader can easily determine whether
21a parcel of land is located within the agricultural enterprise area. The department
22shall make the map available on its Internet site.
AB602, s. 7 23Section 7. 91.84 (5) of the statutes is amended to read:
AB602,3,424 91.84 (5) Effective date of designation orders. The designation of an
25agricultural enterprise area takes effect on January 1 of the calendar year following

1the year in which the rule order designating the area is published, unless the rule
2order specifies a later effective date. An order modifying or terminating the
3designation of an agricultural enterprise area takes effect upon publication under
4sub. (1m).
AB602,3,55 (End)
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