LRB-2767/2
RCT:mfd:jf
1997 - 1998 LEGISLATURE
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
1An Act to repeal 15.135 (5) and 93.50 (1) (b);
to renumber and amend 93.51;
2to amend 20.115 (9) (a), 93.50 (1) (d), 93.50 (2) (title), 93.50 (2) (a), 93.50 (2)
3(am), 93.50 (2) (b), 93.50 (2) (d), 93.50 (2) (e), 93.50 (2) (f), 93.50 (3) (am) 6., 93.50
4(3) (b), 93.50 (3) (e), 93.50 (3) (f), 93.50 (4) (b) and 93.50 (4) (e);
to repeal and
5recreate 93.51 (1), (2) (title) and (c) and (3); and
to create 93.52 and 904.15 of
6the statutes;
relating to: the farm mediation and arbitration program,
7eliminating the farm mediation and arbitration board, the farmer assistance
8program, exit from and entry into the dairy industry, granting rule-making
9authority 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
1Section
1. 15.135 (5) of the statutes is repealed.
AB392, s. 2
2Section
2. 20.115 (9) (a) of the statutes is amended to read:
AB392,2,43
20.115
(9) (a)
General program operations. The amounts in the schedule for
4general program operations under ss. 93.50
and, 93.51
and 93.52.
AB392, s. 3
1Section
3. 93.50 (1) (b) of the statutes is repealed.
AB392, s. 4
2Section
4. 93.50 (1) (d) of the statutes is amended to read:
AB392,3,73
93.50
(1) (d) "Farmer" means a farmer, as defined in s. 102.04 (3), who owns
4or leases
a total of 60 acres or more of land that is agricultural property and whose
5gross sales of farm products for the preceding year equaled
$20,000 or more or
6exceeded the product of 2,088 multiplied by the federal minimum hourly wage under
729 USC 206 (a) 1.
AB392, s. 5
8Section
5. 93.50 (2) (title) of the statutes is amended to read:
AB392,3,99
93.50
(2) (title)
Board, mediators Mediators and arbitrators.
AB392, s. 6
10Section
6. 93.50 (2) (a) of the statutes is amended to read:
AB392,3,1811
93.50
(2) (a)
Selection of mediators. The
board department shall select
as 12mediators
who are residents of this state, persons who have the character and ability
13to serve as mediators and who have knowledge of financial or agricultural matters
14or of mediation processes. The
board department shall ensure that each mediator
15receives sufficient training in mediation processes, resolving conflicts, farm
finance
16and management and the farm credit system and practices to enable the mediator 17credit and other subjects to develop or maintain the skills necessary to perform his
18or her functions under this section.
AB392, s. 7
19Section
7. 93.50 (2) (am) of the statutes is amended to read:
AB392,4,420
93.50
(2) (am)
Selection of arbitrators. The
board department shall select
as 21arbitrators
who are residents of this state, persons who have the character and
22ability to serve as arbitrators and who have knowledge
of financial or agricultural
23matters or of arbitration
or other conflict resolution processes. The
board shall 24ensure that each arbitrator receives sufficient department may provide training in
25arbitration processes, resolving conflicts
, farm finance and management and the
1farm credit system and practices to enable the arbitrator
or agricultural issues as
2part of the process of selecting arbitrators or to arbitrators selected by the
3department to enable arbitrators to maintain the skills necessary to perform
his or
4her their functions under this section.
AB392, s. 8
5Section
8. 93.50 (2) (b) of the statutes is amended to read:
AB392,4,86
93.50
(2) (b)
Compensation of mediators and arbitrators. Mediators and
7arbitrators shall be compensated for travel and other necessary expenses in amounts
8approved by the
board department.
AB392, s. 9
9Section
9. 93.50 (2) (d) of the statutes is amended to read:
AB392,4,1310
93.50
(2) (d)
Forms and publicity. The
board department shall prepare all
11forms necessary for the administration of this section and shall ensure that forms are
12disseminated and that the availability of mediation and arbitration under this
13section is publicized.
AB392, s. 10
14Section
10. 93.50 (2) (e) of the statutes is amended to read:
AB392,4,2015
93.50
(2) (e)
Exclusion from open records law. All mediators and arbitrators
16shall keep confidential all information and records obtained in conducting mediation
17and arbitration. The
board department shall keep confidential all information and
18records that may serve to identify any party to mediation and arbitration under this
19section. Any information required to be kept confidential under this paragraph may
20be disclosed if the
board department and the parties agree to disclosure.
AB392, s. 11
21Section
11. 93.50 (2) (f) of the statutes is amended to read:
AB392,5,322
93.50
(2) (f) The
board department may promulgate rules necessary to
23implement this section. The
board department may promulgate rules defining
24owners and creditors of agriculturally related businesses and permitting owners and
25creditors of such businesses to participate in mediation and arbitration subject to the
1same terms and conditions applicable to farmers and creditors under this section.
2The board may promulgate a rule under sub. (3) (am) 6. specifying a kind of dispute
3as eligible for mediation only with the approval of the department.
AB392, s. 12
4Section
12. 93.50 (3) (am) 6. of the statutes is amended to read:
AB392,5,65
93.50
(3) (am) 6. A kind of dispute specified as eligible for mediation by the
6board department by rule.
AB392, s. 13
7Section
13. 93.50 (3) (b) of the statutes is amended to read:
AB392,5,128
93.50
(3) (b)
Request for mediation; agreement to mediate. To participate in
9mediation, the farmer or other party to a dispute described in par. (am) shall submit
10a request for mediation to the
board department on forms prepared by the
board 11department. The
board department may not proceed under this section until the
12farmer and the other party have submitted an agreement to mediate.
AB392, s. 14
13Section
14. 93.50 (3) (e) of the statutes is amended to read:
AB392,5,1914
93.50
(3) (e)
Selection of mediator. If the
board department has obtained the
15agreement under par. (b), the farmer and the other party may request the
board 16department to provide the names, mailing addresses and qualifications of up to 3
17mediators located in the geographical area in which the agricultural property or
18farmer is located. The parties shall select a mediator or, upon request of the parties,
19the
board department shall designate a mediator for the parties.
AB392, s. 15
20Section
15. 93.50 (3) (f) of the statutes is amended to read:
AB392,6,221
93.50
(3) (f)
Mediation. The function of the mediator is to encourage a
22voluntary settlement among the parties. The mediator may not compel a settlement.
23The mediator shall schedule meetings of the parties, direct the parties to prepare for
24the meetings, attempt to achieve a mediated resolution to the issues among the
25parties and, if the parties request, assist the parties in preparing a written
1agreement.
All mediation meetings shall be held in this state and be conducted
2under the laws of this state.
AB392, s. 16
3Section
16. 93.50 (4) (b) of the statutes is amended to read:
AB392,6,94
93.50
(4) (b)
Request for arbitration; agreement to arbitrate. To participate in
5arbitration, the farmer and other party under par. (a) shall submit a request for
6arbitration to the
board department on a form prepared by the
board department.
7After receipt of the request, if the parties wish to proceed to arbitration under this
8subsection, the
board department shall require the parties to enter into an
9agreement to binding arbitration on a form prepared by the
board department.
AB392, s. 17
10Section
17. 93.50 (4) (e) of the statutes is amended to read:
AB392,6,1611
93.50
(4) (e)
Selection of arbitrator. After the
board department has obtained
12the agreement under par. (b), the farmer and the other party may request the
board 13department to provide the names, mailing addresses and qualifications of up to 3
14arbitrators located in the geographical area in which the agricultural property or
15farmer is located. The parties shall select an arbitrator or, upon request of the
16parties, the
board department shall designate an arbitrator for the parties.
AB392, s. 18
17Section
18. 93.51 of the statutes is renumbered 93.51 (2) (a) and amended to
18read:
AB392,6,2419
93.51
(2) (a) The department may provide consultation and assistance to
20distressed farmers, which may include but is not limited to providing employment
21and retraining counseling for farmers needing employment other than farming,
22operating a program in which volunteers advise
or counsel farmers about financial
23matters and other concerns and operating a crisis hotline for farmers.
In addition,
24the
AB392,7,3
1(b) The department may make grants to low-income farmers for the purpose
2of paying all or part of the tuition for a farmer who enrolls in a course on farm and
3business management techniques offered by a technical college.