XX40 Public instruction.
XX41 Public lands, board of commissioners of.
XX42 Public service commission.
XX43 Regulation and licensing.
XX44 Revenue.
XX45 Secretary of state.
XX46 State fair park board.
XX47 Supreme Court.
XX48 Technical college system.
XX49 Technology for educational achievement in Wisconsin board.
XX50 Tobacco control board.
XX51 Tourism.
XX52 Transportation.
XX53 Treasurer.
XX54 University of Wisconsin Hospitals and Clinics Authority.
XX55 University of Wisconsin Hospitals and Clinics Board.
XX56 University of Wisconsin System.
XX57 Veterans affairs.
XX58 Workforce development.
XX59 Other.
For example, for general nonstatutory provisions relating to the historical society, see SECTION 9125. For any agency that is not assigned a two-digit identification number and that is attached to another agency, see the number of the latter agency. For any other agency not assigned a two-digit identification number or any provision that does not relate to the functions of a particular agency, see number "59" (other) within each type of provision.
In order to facilitate amendment drafting and the enrolling process, separate section numbers and headings appear for each type of provision and for each state agency, even if there are no provisions included in that section number and heading. Section numbers and headings for which there are no provisions will be deleted in enrolling and will not appear in the published act.
Following is a list of the most commonly used acronyms appearing in the analysis:
DATCP Department of Agriculture, Trade and Consumer Protection
DER Department of Employment Relations
DETF Department of Employee Trust Funds
DFI Department of Financial Institutions
DHFS Department of Health and Family Services
DMA Department of Military Affairs
DNR Department of Natural Resources
DOA Department of Administration
DOC Department of Corrections
DOJ Department of Justice
DOR Department of Revenue
DORL Department of Regulation and Licensing
DOT Department of Transportation
DPI Department of Public Instruction
DVA Department of Veterans Affairs
DWD Department of Workforce Development
JCF Joint Committee on Finance
OCI Office of the Commissioner of Insurance
PSC Public Service Commission
UW University of Wisconsin
WHEDA Wisconsin Housing and Economic Development Authority
WHEFA Wisconsin Health and Educational Facilities Authority
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Agriculture
Agricultural producer security
This bill changes the laws concerning milk contractors, grain dealers, grain warehouse keepers, and vegetable contractors (contractors). A milk contractor is a person who buys milk from milk producers or who markets milk on behalf of producers. A grain dealer is a person who buys grain from grain producers or who markets grain on behalf of producers. A grain warehouse keeper is a person who operates a warehouse in which the person stores grain that belongs to someone else. A vegetable contractor is a person who buys vegetables from vegetable producers for use in food processing or who markets vegetables for use in food processing on behalf of producers.
Current law requires certain contractors to post security with DATCP to provide payment to producers in case the contractors default on payments owed to producers. This bill establishes a segregated fund, called the agricultural producer security fund (the fund), into which certain contractors must pay, and out of which DATCP provides payment to producers when those contractors default on payments owed to producers. The statutory changes concerning agricultural producer security take effect in 2002.
Milk contractors
Under current law, persons who operate dairy plants generally must be licensed by DATCP. There is no separate licensing requirement for milk contractors. Under current law, DATCP may not issue a license for a dairy plant unless the applicant's financial condition is such as to reasonably ensure prompt payment to milk producers. If a dairy plant operator does not meet minimum financial standards, the operator must file a bond or other security with DATCP or must provide for a trustee who receives payment for all dairy products produced by the dairy plant and who pays producers.
This bill requires a milk contractor to obtain a license from DATCP. A licensed milk contractor that files financial statements which show that the milk contractor does not meet minimum financial standards, or that does not file annual and quarterly financial statements, must contribute to the fund unless the contractor is disqualified from the fund. If a milk contractor that contributes to the fund defaults on payments to producers, DATCP pays default claims from the fund.
A milk contractor that is required to file security when first licensed (because the contractor has negative equity) is disqualified from the fund until DATCP releases the security. A milk contractor is disqualified from the fund if DATCP denies, suspends, or revokes the contractor's license. DATCP may also disqualify a milk contractor from the fund for other reasons, such as failing to pay required fund assessments. If DATCP disqualifies a milk contractor from the fund and the milk contractor files a financial statement that shows that the contractor does not meet minimum financial standards, the milk contractor may not act as a milk contractor in this state.
The bill establishes the formula for determining the amount of the assessments that must be paid by a milk contractor that contributes to the fund, except that DATCP may, by rule, provide for a different formula. The assessments are based on a milk contractor's financial condition, the amount spent to procure milk from producers, and the number of consecutive years that the contractor has contributed to the fund.
The bill requires a milk contractor to maintain insurance that covers all milk and milk products in the possession of the milk contractor.
As under current law, the bill requires a milk contractor to pay a monthly fee to DATCP, based on the amount of milk that the milk contractor procures. Under the bill, if the balance in the fund contributed by milk contractors exceeds $4,000,000 on any February 28, DATCP must use 50% of the excess to reduce these monthly fees.
Grain dealers
Under current law, most grain dealers are required to be licensed. If a grain dealer does not meet minimum financial standards, the grain dealer is required to file security with DATCP.
Under this bill, a grain dealer must obtain a license from DATCP unless the dealer pays cash on delivery for all producer-owned grain that the dealer procures or the dealer buys grain solely for the dealer's own use as feed or seed and spends less than $400,000 per license year for that grain. A grain dealer that is required to be licensed must contribute to the fund, unless the dealer is disqualified. If a grain dealer that contributes to the fund defaults on payments to producers, DATCP pays default claims from the fund.
A grain dealer that is required to file security (because the dealer has negative equity) with DATCP when the grain dealer is first licensed under this bill is disqualified from the fund until DATCP releases the security. A grain dealer is disqualified from the fund, and required to pay cash on delivery for grain, if DATCP denies, suspends, or revokes the dealer's license or if DATCP disqualifies the dealer for cause.
The bill establishes the formula for determining the amount of the assessments that must be paid by a grain dealer that contributes to the fund, except that DATCP may, by rule, provide for a different formula. The assessments are based on a grain dealer's financial condition, the amount spent to procure grain from producers, the amount incurred under deferred payment contracts, and the number of consecutive years that the dealer has contributed to the fund.
The bill requires a grain dealer to maintain insurance to cover all grain in the custody of the grain dealer.
Under the bill, grain dealer license fees vary based on the amount that the grain dealer pays for grain during a license year and the number of trucks used to haul grain. Under the bill, if the balance in the fund contributed by grain dealers exceeds $2,000,000 on any June 30, DATCP must use 50% of the excess to reduce license fees.
Grain warehouse keepers
Current law requires a grain warehouse keeper that holds 50,000 or more bushels of grain for others at any time to obtain a license from DATCP. A grain warehouse keeper that does not satisfy minimum financial standards must file security with DATCP.
Under this bill, a licensed grain warehouse keeper is required to contribute to the fund, unless the warehouse keeper is disqualified. If a grain warehouse keeper that contributes to the fund fails to deliver grain to depositors upon demand, DATCP pays default claims from the fund.
A grain warehouse keeper that is required to file security (because the warehouse keeper has negative equity) with DATCP when the warehouse keeper is first licensed under this bill is disqualified from the fund until DATCP releases the security. A grain warehouse keeper is also disqualified from the fund if DATCP denies, suspends, or revokes the warehouse keeper's license.
The bill establishes the formula for determining the amount of the assessments that must be paid by a grain warehouse keeper that contributes to the fund, except that DATCP may, by rule, provide for a different formula. The assessments are based on a warehouse keeper's financial condition, the capacity of the warehouses, and the number of consecutive years that the warehouse keeper has contributed to the fund.
The bill specifies annual grain warehouse keeper fees that are based on combined warehouse capacity. Under the bill, if the balance in the fund contributed by grain warehouse keepers exceeds $300,000 on any June 30, DATCP must use 12.5% of the excess to reduce license fees.
Vegetable contractors
Current law requires a vegetable contractor to obtain a registration certificate from DATCP. A vegetable contractor that does not meet minimum financial standards must file security with DATCP unless the contractor makes payment on delivery for all vegetables obtained from producers or the contractor is a producer-owned cooperative doing business solely with its producer-owners.
This bill requires a vegetable contractor to obtain a license from DATCP. A licensed vegetable contractor must contribute to the fund unless the contractor makes payment on delivery for all vegetables obtained from producers, the contractor is a producer-owned cooperative that procures vegetables only from its producer owners, or the contractor is disqualified. If a vegetable contractor that contributes to the fund defaults on payments to producers, DATCP pays default claims from the fund.
A vegetable contractor that is required to file security with DATCP when the vegetable contractor is first licensed under this bill because the contractor has negative equity is disqualified from the fund until DATCP releases the security. A vegetable contractor is disqualified from the fund if DATCP denies, suspends, or revokes the contractor's license. A vegetable contractor is disqualified from the fund, and required to pay cash on delivery for all vegetables received from producers, if DATCP issues a written notice disqualifying the contractor for cause, including failure to pay fund assessments when due.
The bill establishes the formula for determining the amount of the assessments that must be paid by a vegetable contractor that contributes to the fund, except that DATCP may, by rule, provide for a different formula. The assessments are based on a vegetable contractor's financial condition, the amount spent to procure vegetables from producers, the amount incurred under deferred payment contracts, and the number of consecutive years that the contractor has contributed to the fund.
The bill requires a vegetable contractor to maintain insurance to cover all vegetables in the custody of the contractor, unless the vegetable contractor pays cash on delivery for all vegetables or the contractor is a producer-owned cooperative that procures vegetables only from its producer owners.
Under the bill, vegetable contractor license fees are based on the amount that a vegetable contractor owed to vegetable producers over the course of the contractor's most recent fiscal year. Under the bill, if the balance in the fund contributed by vegetable contractors exceeds $1,000,000 on any November 30, DATCP must use 50% of the excess to reduce license fees.
Recovery proceedings and administration
Under this bill, when contractors who are licensed, or required to be licensed, fail to make payments when due or when grain warehouse keepers fail to return stored grain upon demand, producers or their agents may file default claims with DATCP.
The bill specifies payment amounts for each claim against a contractor that was contributing to the fund when the default occurred. For a claim against a milk contractor or grain dealer, the payment amount is 90% of the first $20,000 allowed, 85% of the next $20,000 allowed, 80% of the next $20,000 allowed, and 75% of any amount allowed in excess of $60,000. For a claim against a grain warehouse keeper, the payment amount is 100% of the first $100,000 allowed. For a claim against a vegetable contractor, the payment amount is 90% of the first $40,000 allowed, 85% of the next $40,000 allowed, 80% of the next $40,000 allowed, and 75% of any amount allowed in excess of $120,000. If a contractor was not contributing to the fund when the default occurred but had posted security with DATCP, DATCP uses the security proceeds to pay the full amount of the allowed claims, except that, as under current law, if the security is not adequate to pay the full amount of the allowed claims, DATCP pays the claimants on a prorated basis. A claimant that does not receive full payment may sue the contractor for the balance of the allowed claim.
The bill requires DATCP to obtain three surety bonds, called industry bonds. One bond is to secure payments of claims against contributing milk contractors, one to secure payments of claims against contributing grain dealers and warehouse keepers, and one to secure payment of claims against contributing vegetable contractors. In addition, the bill requires DATCP to obtain a blanket surety bond. The bill requires DATCP to make a demand against the appropriate industry bond if payments of claims against contributing contractors in that industry exceed a threshold specified in the bill. The bill requires DATCP to make a demand against the blanket bond if claims against contributing contractors in an industry exceed the amount available under the industry bond.
The bill authorizes DATCP to demand that a defaulting contractor reimburse DATCP for any claim amounts that were paid from the fund because of the contractor's default. The bill also authorizes a person who issues an industry bond or the blanket bond to require a defaulting contractor to reimburse the amounts that the person paid out because of the contractor's default.
Other agriculture
Under current law, for a person to claim the farmland preservation tax credit, the land to which the claim relates must be subject either to a farmland preservation agreement or to an exclusive agricultural use zoning ordinance. A farmland preservation agreement is between the landowner and DATCP. The agreement commits the owner to keep the land in agricultural use for the duration of the agreement, up to 25 years, although DATCP may release land from an agreement under certain circumstances. Under current law, in some of the circumstances under which DATCP may release land from a farmland preservation agreement, or if land is rezoned from exclusive agricultural use, DATCP is required to file a lien against the land in the amount of the farmland preservation credit received by the owner during the preceding ten years.
This bill eliminates the requirement that DATCP file a lien against land that is released from a farmland preservation agreement or that is rezoned from exclusive agricultural use. Under the bill, DATCP may not release land from a farmland preservation agreement until the owner pays $50 per acre to this state, except in certain situations such as the death or disability of the owner. Also under the bill, a local governmental unit must require a payment of $60 per acre as a condition of rezoning land from exclusive agricultural zoning. The local governmental unit forwards the payment to the state.
Under current law, if DATCP finds that plants or other pest-harboring materials on agricultural lands or agricultural business premises are so infested with injurious pests as to constitute a hazard to plant or animal life in this state, DATCP may order the property owner to treat the premises or treat or destroy the infested plants or other material. If the property owner fails to comply with the order, DATCP may treat the premises or treat or destroy the infested plants or other material. This bill eliminates the provision that restricts DATCP's authority regarding treatment of infested premises and treatment or destruction of infested plants and other material to agricultural lands and agricultural business premises.
Under the current Soil and Water Resource Management Program, DATCP awards grants to counties to help the counties reduce soil erosion and water pollution. This bill increases the authorized general obligation bonding authority for the Soil and Water Resource Management Program by $7,000,000.
Under current law, DATCP awards agricultural research and development grants to fund demonstration projects, feasibility analyses, and applied research on new or alternative technologies and practices that will stimulate agricultural development. This bill authorizes DATCP to award grants and provide technical assistance to support preliminary research on potential business enterprises that may increase the value of raw agricultural commodities. The bill provides Indian gaming receipts for the new grant program and for the existing agricultural research and development grant program.
Under current law, a person is subject to a fine or imprisonment if the person violates certain laws enforced by DATCP, including laws relating to the manufacture, distribution, and sale of commercial feed, laws relating to the safety of certain consumer products, and laws relating to hazardous substances. This bill provides that a person who violates any of these laws may be subject to a forfeiture (civil monetary penalty) or to the existing criminal penalties.
