SB445: Bill Text

SB445, s. 59 Section 59. 423.201 (1) (intro.) of the statutes is amended to read:

SB445,24,14 423.201 (1) (intro.) "Consumer approval transaction" means a consumer transaction, other than a sale or lease or listing for sale of real property or, a sale of goods at auction, a sale or lease of goods for an agricultural purpose, or a loan made to finance a sale of goods at auction for an agricultural purpose, that:

SB445, s. 60 Section 60. 424.208 (1) of the statutes is renumbered 424.208 (1) (intro.) and amended to read:

SB445,24,19 424.208 (1) (intro.) The initial amount of credit life insurance shall not exceed the total amount repayable under the contract of indebtedness however the indebtedness may be repayable, but in except as follows:

SB445,24,22 (a) In cases where an indebtedness is repayable in substantially equal instalments, the amount of insurance shall at no time exceed the scheduled or actual amount of unpaid indebtedness, whichever is greater.

SB445, s. 61 Section 61. 424.208 (1) (b) of the statutes is created to read:

SB445,25,2 424.208 (1) (b) In cases where credit life insurance is provided on a consumer credit transaction that is entered into for an agricultural purpose, the insurance may be written up to the amount of the loan commitment on a nondecreasing or level-term plan.

SB445, s. 62 Section 62. 424.301 (1) (b) 4. of the statutes is created to read:

SB445,25,5 424.301 (1) (b) 4. The amount of the creditor's commitment to lend to the customer in transactions that are entered into for an agricultural purpose.

SB445, s. 63 Section 63. 425.103 (2) (a) of the statutes is amended to read:

SB445,25,22 425.103 (2) (a) With respect to a transaction other than one pursuant to an open-end plan; if the interval between scheduled payments is 2 months or less, to have outstanding an amount exceeding one full payment which has remained unpaid for more than 10 days after the scheduled or deferred due dates, or the failure to pay the first payment or the last payment, within 40 days of its scheduled or deferred due date; if the interval between scheduled payments is more than 2 months, to have all or any part of one scheduled payment unpaid for more than 60 days after its scheduled or deferred due date; or, if the transaction is scheduled to be repaid in a single payment, to have all or any part of the payment unpaid for more than 40 days after its scheduled or deferred due date; or, in the case of a transaction that is entered into for an agricultural purpose, the failure to pay the first or the only installment when due or to pay any other installment within 40 days after its original or deferred due date. For purposes of this paragraph the amount outstanding shall not include any delinquency or deferral charges and shall be computed by applying each payment first to the instalment most delinquent and then to subsequent instalments in the order they come due;

SB445, s. 64 Section 64. 425.114 of the statutes is created to read:

SB445,26,9 425.114 Repossession of farm products. Sections 425.103, 425.104, and 425.105 do not apply to the recovery of farm products, as defined in s. 409.109 (3), that are collateral in a transaction that is entered into for an agricultural purpose, if the merchant reasonably believes the customer to be in default because of the customer's failure, without justification under any law, to observe a covenant of the transaction, breach of which covenant materially impairs the condition, value, or protection of, or the merchant's right in, the collateral. The rights and obligations of the merchant and the customer with respect to collateral described in this section are governed by ss. 409.501 to 409.507, except that the customer's right to redeem is governed by s. 425.208 and the restrictions on deficiency judgments contained in s. 425.209 apply to transactions described in that section.

SB445, s. 65 Section 65. 425.206 (1) (b) of the statutes is amended to read:

SB445,26,13 425.206 (1) (b) Judgment for the merchant has been entered in a proceeding for recovery of collateral or leased goods under s. 425.205, or for possession of the collateral or leased goods under s. 425.203 (2); or

SB445, s. 66 Section 66. 425.206 (1) (c) of the statutes is amended to read:

SB445,26,16 425.206 (1) (c) The merchant has taken possession of collateral or leased goods pursuant to s. 425.207 (2).; or

SB445, s. 67 Section 67. 425.206 (1) (d) of the statutes is created to read:

SB445,26,19 425.206 (1) (d) The merchant has taken possession of collateral in accordance with s. 425.114.

SB445, s. 68 Section 68. 425.207 (2) of the statutes, as affected by 2001 Wisconsin Act 10, is amended to read:

SB445,27,21 425.207 (2) A merchant who reasonably believes that a customer has abandoned collateral or goods subject to a consumer lease may take possession of such collateral or leased goods and preserve it. However, the customer may recover such collateral or leased goods upon request unless at the time of request the customer has surrendered the collateral or leased goods, or judgment for the merchant has been entered in a proceeding for recovery of collateral or leased goods under s. 425.205 or in a judgment described in s. 425.203 (2). A merchant taking possession of collateral or leased goods pursuant to this section shall promptly send notification to the customer's last-known address of such action and of the customer's right to recover such collateral or leased goods under this section. If the collateral or leased goods are recovered by the customer pursuant to this section, it shall be returned to the customer at the location where the merchant took possession of such collateral or leased goods pursuant to this section or, at the option of the merchant, at such other location designated by the customer; and any expense incurred by the merchant in taking possession of, holding and returning the collateral or leased goods to the customer shall be borne by the merchant. If after taking possession of collateral or leased goods pursuant to this subsection, the merchant perfects the right to possession through a surrender by the customer or a judgment under s. 425.203 (2) or 425.205, the customer is liable for the expenses set forth in s. 409.615 (1). In determining such expenses, leased goods shall be considered collateral under s. 409.615 (1). However, a customer is not liable for expenses of holding the collateral or leased goods from the time the merchant takes possession until the merchant perfects the right to possession in the manner provided in this subsection. This subsection does not apply to collateral recovered in accordance with s. 425.114.

SB445, s. 69 Section 69. 425.208 (1) (intro.) of the statutes is amended to read:

SB445,28,2 425.208 (1) (intro.) For Except when the parties to a transaction that is entered into for an agricultural purpose agree otherwise in writing after default, for a period of 15 days following exercise by the a creditor of nonjudicial enforcement rights (s. 425.206) or issuance of process (s. 425.205) with regard to the collateral, the customer shall be entitled to redeem the goods by tendering:

SB445, s. 70 Section 70. 425.208 (1) (cm) of the statutes is amended to read:

SB445,28,6 425.208 (1) (cm) If a writing evidencing the consumer credit transaction so provides, expenses the creditor is entitled to recover under s. 422.413 (2) and (2g) (a) and (b); plus

SB445, s. 71 Section 71. 427.102 of the statutes is amended to read:

SB445,28,10 427.102 Scope. This chapter applies to conduct and practices in connection with the collection of obligations arising from consumer transactions , including transactions that are primarily for an agricultural purpose.

SB445, s. 72 Section 72. 427.103 (1) of the statutes is amended to read:

SB445,28,14 427.103 (1) "Claim" means any obligation or alleged obligation arising from a consumer transaction, including a transaction that is primarily for an agricultural purpose.

SB445, s. 73 Section 73. 427.104 (1) (intro.) of the statutes is amended to read:

SB445,28,19 427.104 (1) (intro.) In attempting to collect an alleged debt arising from a consumer credit transaction or other consumer transaction, including a transaction primarily for an agricultural purpose, where there is an agreement to defer payment, a debt collector may not:

SB445, s. 74 Section 74. 560.17 (5c) (a) (intro.) of the statutes is amended to read:

SB445,28,24 560.17 (5c) (a) (intro.) Subject to par. pars. (am) and (b), the board may award a grant under this subsection to a person or business proposing to start up, modernize, or expand in this state a dairy farm, as defined in s. 97.22 (1) (a), or other agricultural business if all of the following apply:

SB445, s. 75 Section 75. 560.17 (5c) (am) of the statutes is created to read:

SB445,29,8 560.17 (5c) (am) The board shall award grants under this subsection for the start-up of dairy farms so that the average proposed herd size of the new dairy farms for which grants are awarded in a fiscal year does not exceed the average herd size of dairy farms operating in this state during the preceding fiscal year. The board shall award grants under this subsection for the modernization or expansion of dairy farms so that the average herd size at the time of application of the dairy farms for which grants are awarded in a fiscal year does not exceed the average herd size of dairy farms operating in this state during the preceding fiscal year.

SB445, s. 76 Section 76. 560.17 (5g) of the statutes is created to read:

SB445,29,11 560.17 (5g) The board may award a loan to an individual under this subsection for any of the following purposes:

SB445,29,12 (a) Farm operating costs.

SB445,29,13 (b) The costs of starting an agricultural business.

SB445, s. 77 Section 77. Nonstatutory provisions.

SB445,30,2 (1) Study of animal waste disposal. The program on Agricultural Technology Studies of the University of Wisconsin-Madison shall study the use of wastewater treatment facilities for treating animal waste and alternatives to the use of animal waste storage lagoons and to the spraying of animal waste using aerial irrigation systems. In conducting the study, the program shall investigate the best available control technology, maximum available control technology, and lowest achievable emission reduction. No later than the first day of the 12th month beginning after the effective date of this subsection, the program shall submit a report on the results of its study, including a proposal for phasing out the use of animal waste storage lagoons that do not meet the standards of the federal natural resources conservation service, to the legislature in the manner provided under section 13.172 (2) of the statutes.

SB445,30,3 (2) Monitoring and enforcement.

SB445,30,5 (a) In this subsection, "large animal feeding operation" has the meaning given in section 283.01 (6s) of the statutes, as created by this act.

SB445,30,10 (b) No later than July 1, 2002, the department of natural resources shall determine the levels of staffing and funding that the department would need to adequately monitor permits issued under section 283.31 of the statutes for large animal feeding operations and to enforce other environmental requirements that apply to large animal feeding operations.

SB445,30,16 (c) In its request under section 16.42 of the statutes for the 2003-05 biennial budget, the department of natural resources shall include a request for staffing and funding at the levels determined under paragraph (b ) for monitoring permits issued under section 283.31 of the statutes for large animal feeding operations and enforcement of other environmental requirements that apply to large animal feeding operations.

SB445,30,21 (3) Organic agricultural production program position. The authorized FTE positions for the department of agriculture, trade and consumer protection are increased by 1.0 GPR position, to be funded from the appropriation under s. 20.115 (4) (cm) of the statutes, as created by this act, for the organic agricultural production program.

SB445,31,7 (4) Study of concentration in the dairy and livestock industries. The Program on Agricultural Technology Studies of the University of Wisconsin-Madison shall conduct a study of the degree of concentration in the dairy and livestock industries and of the social and economic impacts of that concentration on consumers, small farms, and small communities. In conducting the study, the program shall investigate how processing companies compete, or fail to compete, for supplies of livestock and livestock products by using forward contracts, marketing agreements, and other forms of captive supply. No later than June 30, 2003, the program shall report the results of the study to the standing committees of the legislature with jurisdiction over agriculture, in the manner provided under section 13.172 (3) of the statutes, and to the attorney general.

SB445,31,9 (5) Antitrust and unfair business practices. The department of justice shall do all of the following:

SB445,31,11 (a) Assess its capacity to enforce antitrust and unfair business practice laws as they relate to agriculture.

SB445,31,13 (b) Review and assess efforts in other states to deal with antitrust and unfair business practices in agriculture.

SB445,31,16 (c) Determine what efforts would be appropriate in this state to deal with antitrust and unfair business practices in agriculture and how the department could become aware of complaints in these areas.

SB445,31,18 (d) Determine the staff, funding, and legal authority that the department would need to implement the efforts under paragraph (c).

SB445,31,21 (e) No later than June 30, 2003, report the results of its assessments and determinations under paragraphs (a) to (d) to the legislature, in the manner provided under section 13.172 (2) of the statutes.

SB445, s. 78 Section 78. Appropriation changes.

SB445,32,2 (1) Study of animal waste disposal. In the schedule under section 20.005 (3) of the statutes for the appropriation to the board of regents of the University of Wisconsin System under section 20.285 (1) (a) of the statutes, as affected by the acts of 2001, the dollar amount is increased by $50,000 for fiscal year 2002-03 to provide funding for a study of animal waste disposal.

SB445,32,7 (2) Agricultural investment aids. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of agriculture, trade and consumer protection under section 20.115 (4) (c) of the statutes, as affected by the acts of 2001, the dollar amount is increased by $1,600,000 for fiscal year 2002-03 to increase funding for agricultural research and development grants.

SB445,32,14 (3) Market development. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of agriculture, trade and consumer protection under section 20.115 (3) (a) of the statutes, as affected by the acts of 2001, the dollar amount is increased by $1,000,000 for fiscal year 2001-02 and the dollar amount is increased by $1,000,000 for fiscal year 2002-03 to fund a buy Wisconsin market development program and to increase the authorized FTE positions by 2.0 GPR positions for marketing assistance.

SB445,32,20 (4) Rural economic development. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of commerce under section 20.143 (1) (er) of the statutes, as affected by the acts of 2001, the dollar amount is increased by $1,000,000 for fiscal year 2001-02 and the dollar amount is increased by $1,000,000 for fiscal year 2002-03 to provide loans for farm operating costs and for starting agricultural businesses.

SB445,33,2 (5) Dairy profitability. In the schedule under section 20.005 (3) of the statutes for the appropriation to the board of regents of the University of Wisconsin System under section 20.285 (1) (a) of the statutes, as affected by the acts of 2001, the dollar amount is increased by $100,000 for fiscal year 2001-02 and the dollar amount is increased by $100,000 for fiscal year 2002-03 to increase funding for the center for dairy profitability for research on low-capital strategies for improving the profitability of moderate scale dairy farms.

SB445,33,10 (6) Beginning farmers; University of Wisconsin System. In the schedule under section 20.005 (3) of the statutes for the appropriation to the board of regents of the University of Wisconsin System under section 20.285 (1) (a) of the statutes, as affected by the acts of 2001, the dollar amount is increased by $100,000 for fiscal year 2001-02 and the dollar amount is increased by $100,000 for fiscal year 2002-03 to increase funding for the center for integrated agriculture systems to increase enrollment in short courses for beginning dairy farmers and beginning market gardeners and for research on effective strategies for beginning farmers.

SB445,33,15 (7) Beginning farmers; technical college system. In the schedule under section 20.005 (3) of the statutes for the appropriation to the technical college system board under section 20.292 (1) (a) of the statutes, as affected by the acts of 2001, the dollar amount is increased by $100,000 for fiscal year 2002-03 to increase funding for education programs for beginning farmers.

SB445,33,22 (8) Funding for study of concentration in the dairy and livestock industry. In the schedule under section 20.005 (3) of the statutes for the appropriation to the board of regents of the University of Wisconsin system under section 20.285 (1) (a) of the statutes, as affected by the acts of 2001, the dollar amount is increased by $50,000 for fiscal year 2001-02 and the dollar amount is increased by $50,000 for fiscal year 2002-03 to provide funding for a study of the degree of concentration in the dairy and livestock industries.

SB445, s. 79 Section 79 . Initial applicability.

SB445,34,7 (1) Wisconsin consumer act. The treatment of sections 100.185, 421.202 (10), 421.301 (17), 422.201 (12), 422.203 (4) (c), 422.207 (1), 422.209 (2) (b) 1. and 2., 422.210, 422.411 (1), 422.412, 422.413 (1) and (2), 422.417 (1) (c), (d), and (e) and (2), 422.418 (2), 422.510 (3), 423.201 (1) (intro.), 424.301 (1) (b) 4., 425.103 (2) (a), 425.114, 425.206 (1) (b), (c), and (d), 425.207 (2), 425.208 (1) (intro.) and (cm), 427.102, 427.103 (1), and 427.104 (1) (intro.) of the statutes, the renumbering and amendment of section 424.208 (1) of the statutes, and the creation of section 424.208 (1) (b) of the statutes first apply to transactions entered into on the effective date of this subsection.

SB445,34,10 (2) Application fee prohibition. The treatment of section 234.92 (2) of the statutes first applies to applications submitted on the effective date of this subsection.

SB445, s. 80 Section 80. Effective dates. This act takes effect on the day after publication, except as follows:

SB445,34,14 (1) Rural economic development grants. The treatment of section 560.17 (5c) (a) (intro.) and (am) of the statutes takes effect on July 1, 2002.

SB445,34,23 (2) Wisconsin consumer act. The treatment of sections 100.185, 421.202 (10), 421.301 (17), 422.201 (12), 422.203 (4) (c), 422.207 (1), 422.209 (2) (b) 1. and 2., 422.210, 422.411 (1), 422.412, 422.413 (1) and (2), 422.417 (1) (c), (d), and (e) and (2), 422.418 (2), 422.510 (3), 423.201 (1) (intro.), 424.301 (1) (b) 4., 425.103 (2) (a), 425.114, 425.206 (1) (b), (c), and (d), 425.207 (2), 425.208 (1) (intro.) and (cm), 427.102, 427.103 (1), and 427.104 (1) (intro.) of the statutes, the renumbering and amendment of section 424.208 (1) of the statutes, the creation of section 424.208 (1) (b) of the statutes, and Section 79 (1) take effect on the first day of the 6th month beginning after publication.

SB445,34,24 (End)