93.50(3)(am)6.
6. A kind of dispute specified as eligible for mediation by the department by rule.
93.50(3)(am)7.
7. A dispute that is not specified under
subds. 1. to
6. if all of the parties to the dispute request mediation of the dispute.
93.50(3)(b)
(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 department on forms prepared by the department. The department may not proceed under this section until the farmer and the other party have submitted an agreement to mediate.
93.50(3)(e)
(e)
Selection of mediator. If the department has obtained the agreement under
par. (b), the farmer and the other party may request the 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 department shall designate a mediator for the parties.
93.50(3)(f)
(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.
93.50(3)(g)
(g)
Effect of mediation. The parties may at any time withdraw from mediation. The parties have full responsibility for reaching and enforcing any agreement among them. A mediation agreement may include an agreement for the payment of property taxes, special assessments that have been settled in full by the county under
s. 74.29, special charges or special taxes assessed against agricultural property that are subject to a tax certificate issued under
s. 74.57 in installments, as long as the agreement is not inconsistent with county board policy. After the expiration of the time period specified in the suspension order under
sub. (2m), the parties may no longer participate in the mediation process regarding the same subject matter under this section unless the parties and the mediator agree to continue the mediation.
93.50(4)(a)(a)
Disputes for arbitration. A party to a procurement contract that contains an agreement to submit contract disputes to arbitration wishing to resolve a dispute over the procurement contract or a farmer or creditor wishing to resolve a dispute between them involving the farmer's agricultural property and the creditor's interest in a mortgage, land contract, lien, security interest or judgment affecting the agricultural property, either before an action has been initiated to which they are parties or after entry of a suspension order in an action to which they are parties under
sub. (2m), may participate in arbitration under this section in accordance with this subsection and subject to
ch. 788.
93.50(4)(b)
(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 department on a form prepared by the department. After receipt of the request, if the parties wish to proceed to arbitration under this subsection, the department shall require the parties to enter into an agreement to binding arbitration on a form prepared by the department.
93.50(4)(e)
(e)
Selection of arbitrator. After the department has obtained the agreement under
par. (b), the farmer and the other party may request the 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 department shall designate an arbitrator for the parties.
93.50(5)
(5) Other creditors; no delay. With respect to mediation or arbitration between parties before an action has been initiated to which they are parties, no agreement to mediate or to arbitrate, or the fact that mediation or arbitration is currently occurring, may have the effect of delaying, postponing or extending any time limits in any legal proceeding commenced to enforce a mortgage, land contract, lien, security interest or judgment commenced by a creditor other than the creditor or creditors participating in the mediation or arbitration.
93.50 Cross-reference
Cross-reference: See also s.
ATCP 162.01, Wis. adm. code.
93.51
93.51
Farmer assistance. 93.51(1)(1)
Definitions. In this section:
93.51(2)(a)(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.
93.51(2)(b)
(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.
93.51(2)(c)
(c) The department may promulgate rules necessary to implement this section.
93.51(3)(a)(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.
93.51(3)(b)
(b) The department shall provide any necessary training to advisors.
93.51(3)(c)
(c) Advisors shall be compensated for travel and other necessary expenses in amounts approved by the department.
93.51(3)(d)
(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 information relating to possible criminal misconduct.
93.52
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).
93.52 History
History: 1997 a. 264.
93.53
93.53
Beginning farmer and farm asset owner tax credit eligibility. 93.53(1)(1)
Definitions. In this section:
93.53(1)(a)
(a) "Agricultural asset" means machinery, equipment, facilities, or livestock that is used in farming.
93.53(1)(b)
(b) "Beginning farmer" means an individual who meets the conditions specified in
sub. (2).
93.53(1)(c)
(c) "Educational institution" means the Wisconsin Technical College System, the University of Wisconsin-Extension, the University of Wisconsin-Madison, or any other institution that is approved by the department under
sub. (6) (a).
93.53(1)(d)
(d) "Established farmer" means a person who meets the conditions specified in
sub. (3).
93.53(1)(e)
(e) "Farming" has the meaning given in section
464 (e) (1) of the Internal Revenue Code.
93.53(1)(f)
(f) "Financial management program" means a course in farm financial management that is offered by an educational institution.
93.53(2)
(2) Beginning farmer. An individual is a beginning farmer for the purposes of
s. 71.07 (8r),
71.28 (8r), or
71.47 (8r) if, at the time that the individual submits an application under
sub. (4), all of the following apply:
93.53(2)(a)
(a) The individual has a net worth of less than $200,000.
93.53(2)(b)
(b) The individual has farmed for fewer than 10 years out of the preceding 15 years.
93.53(2)(c)
(c) The individual has entered into a lease for a term of at least 3 years with an established farmer for the use of the established farmer's agricultural assets by the beginning farmer.
93.53(2)(d)
(d) The individual uses the leased agricultural assets for farming.
93.53(3)
(3) Established farmer. A person is an established farmer for the purposes of
s. 71.07 (8r),
71.28 (8r), or
71.47 (8r) if, at the time that the person submits an application under
sub. (4), all of the following apply:
93.53(3)(a)
(a) The person has engaged in farming for a total of at least 10 years.
93.53(3)(c)
(c) The person has entered into a lease for a term of at least 3 years with a beginning farmer for the use of the person's agricultural assets by the beginning farmer.
93.53(4)(a)(a) In order for an experienced farmer to claim the farm asset owner tax credit under
s. 71.07 (8r) (b) 2.,
71.28 (8r), or
71.47 (8r), the experienced farmer and the beginning farmer who is leasing agricultural assets from the experienced farmer shall each submit an application to the department.
93.53(4)(b)
(b) An established farmer shall include in the application under this subsection the established farmer's name and address, information showing that the established farmer satisfies the conditions in specified in
sub. (3), a description of the leased agricultural assets and their location, a copy of the lease, and any other information required by the department.
93.53(4)(c)
(c) A beginning farmer shall include all of the following in an application under this subsection:
93.53(4)(c)2.
2. Information showing that the beginning farmer satisfies the conditions in
sub. (2).
93.53(4)(c)3.
3. A business plan that includes a current balance sheet and projected balance sheets for 3 years, cash flow statements, and income statements along with a detailed description of all significant accounting assumptions used in developing the financial projections.
93.53(4)(c)4.
4. A description of the beginning farmer's education, training, and experience in the type of farming in which the beginning farmer uses the leased agricultural assets.
93.53(4)(c)5.
5. A copy of the beginning farmer's completed federal profit or loss from farming form, schedule F, or other documentation approved by the department under
sub. (6).
93.53(4)(c)6.
6. Any other information required by the department.
93.53(4)(d)
(d) If a beginning farmer wishes to claim the beginning farmer educational credit under
s. 71.07 (8r) (b) 1., the beginning farmer shall also include in the application under this subsection a description of the financial management program completed by the beginning farmer and a statement of the amount that the beginning farmer paid the educational institution to enroll in the financial management program.
93.53(5)
(5) Evaluation and certification. 93.53(5)(b)3.
3. The department determines that the business plan submitted under
sub. (4) (c) 3. and the education, training, or experience described under
sub. (4) (c) 4. show that the beginning farmer has sufficient resources and education, training, or experience for the type of farming in which the beginning farmer uses the leased agricultural assets.
93.53(5)(c)
(c) The department shall provide a beginning farmer with a certificate of eligibility for the beginning farmer educational credit under
s. 71.07 (8r) (b) 1. if the department has issued a certificate of eligibility under
par. (b) for the experienced farmer from whom the beginning farmer leases farm assets and the information provided under
sub. (4) (d) shows that the beginning farmer has completed a financial management program.
93.53(6)(a)(a) The department may approve providers of courses in farm financial management for the purposes of the beginning farmer educational credit under
s. 71.07 (8r) (b) 1.
93.53(6)(c)
(c) The department may assist beginning farmers to develop business plans for the purposes of
sub. (4) (c) 3. and may assist in the negotiation of leases of farm assets that may enable persons to qualify for tax credits under
s. 71.07 (8r),
71.28 (8r), or
71.47 (8r).
93.53 History
History: 2009 a. 28.
93.55
93.55
Chemical and container collection grants. 93.55(1)(1)
Definitions. In this section:
93.55(1)(a)
(a) "Chemical" means a chemical, including a pesticide, that is used for agricultural purposes.
93.55(2)
(2) Collection grants. The department may award a grant to a county for a chemical and container collection program. A grant under this subsection may not fund more than 75 percent of the cost of a program. Costs eligible for funding include the cost of establishing a collection site for chemicals and chemical containers, the cost of transporting chemical containers to a dealer or distributor for refill and reuse or to a hazardous waste facility, as defined in
s. 291.01 (8), and costs associated with the proper use and handling and disposal or recycling of chemicals and chemical containers. Grants shall be paid from the appropriation under
s. 20.115 (7) (va).
93.55(2m)
(2m) Farmer liability. To the extent permitted under federal regulations, a county establishing a chemical and container collection program under
sub. (2), in cooperation with the department, shall ensure that a farmer, as defined in
s. 102.04 (3), who participates in the program is not liable for chemicals or chemical containers collected under the program after the farmer relinquishes control over the chemicals or chemical containers.
93.55 Cross-reference
Cross-reference: See also ch.
ATCP 34, Wis. adm. code.
93.57
93.57
Household hazardous waste. The department shall administer a grant program to assist municipalities and regional planning commissions in creating and operating local programs for the collection and disposal of household hazardous waste. The department may also provide grants under this section for county, municipal, and regional planning commission programs to collect unwanted prescription drugs. The department may not make a grant under this section in an amount that exceeds 75 percent of the cost of a program. The department shall allocate two-thirds of the funds available from the appropriation account under
s. 20.115 (7) (va) in each fiscal year for grants under this section.
93.57 History
History: 1985 a. 29;
1995 a. 227 s.
699; Stats. 1995 s. 299.41;
2001 a. 109;
2003 a. 33 s.
2481s; Stats. 2003 s. 93.57;
2007 a. 20.
93.57 Cross-reference
Cross-reference: See also chs.
ATCP 34 and
NR 187, Wis. adm. code.
93.60
93.60
Grazing lands conservation grant. The department shall award a grant in each fiscal year, from the appropriation account under
s. 20.115 (4) (s), for technical education and research under the Wisconsin grazing lands conservation initiative.
93.60 History
History: 2007 a. 20.
93.70
93.70
Conservation reserve enhancement program. 93.70(1)(1) The department may expend funds from the appropriation account under
s. 20.866 (2) (wf) to improve water quality, erosion control and wildlife habitat through participation by this state in the conservation reserve enhancement program as approved by the secretary of the federal department of agriculture under
16 USC 3834 (f) (4).
93.70(2)
(2) The department may not make a payment under
sub. (1) to a person whose name appears on the statewide support lien docket under
s. 49.854 (2) (b), unless the person provides to the department a payment agreement that has been approved by the county child support agency under
s. 59.53 (5) and that is consistent with rules promulgated under
s. 49.858 (2) (a).
93.70 History
History: 1999 a. 9;
2003 a. 33.
93.73
93.73
Purchase of agricultural conservation easements. 93.73(1)(1)
Legislative findings. The legislature finds all of the following:
93.73(1)(a)
(a) That the preservation of farmland is important for current and future agricultural production in this state, including the production of food and other products needed to sustain the life, health, and welfare of the people of this state.
