92.14 (2) (e) Promoting compliance with the requirements under ss. 92.104 and 92.105 soil and water conservation by persons claiming a farmland preservation credit tax credits under subch. IX of ch. 71.
SECTION 76. 92.14 (3) (a) 1. of the statutes is amended to read:
92.14 (3) (a) 1. Compliance with soil and water conservation requirements under ss. 92.104 and 92.105 by applicable to persons claiming a farmland preservation credit tax credits under subch. IX of ch. 71.
SECTION 77. 92.14 (3) (d) of the statutes is amended to read:
92.14 (3) (d) Implementing land and water resource management projects undertaken to comply with the soil and water conservation requirements under ss. 92.104 and 92.105 by applicable to persons claiming a farmland preservation credit tax credits under subch. IX of ch. 71.
SECTION 78. 93.06 (10m) of the statutes is amended to read:
93.06 (10m) FARMLAND PRESERVATION COLLECTIONS. Enter into contracts to collect amounts owed to the state under ch. 91, 2007 stats., as the result of the relinquishment of, or the release of land from, a farmland preservation agreement or as the result of the rezoning of land zoned for exclusive agricultural use.
SECTION 79. 101.143 (4) (ei) 1m. a. of the statutes is amended to read:
101.143 (4) (ei) 1m. a. The owner or operator of the farm tank owns a parcel of 35 or more acres of contiguous land, on which the farm tank is located, which is devoted primarily to agricultural use, as defined in s. 91.01 (1) (2), including land designated by the department of natural resources as part of the ice age trail under s. 23.17, which during the year preceding submission of a first claim under sub. (3) produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding that submission produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres, on which the farm tank is located, of which at least 35 acres, during part or all of the year preceding that submission, were enrolled in the conservation reserve program under 16 USC 3831 to 3836.
SECTION 80. 101.143 (4) (ei) 1m. b. of the statutes is amended to read:
101.143 (4) (ei) 1m. b. The claim is submitted by a person who, at the time that the notification was made under sub. (3) (a) 3., was the owner of the farm tank and owned a parcel of 35 or more acres of contiguous land, on which the farm tank is or was located, which was devoted primarily to agricultural use, as defined in s. 91.01 (1) (2), including land designated by the department of natural resources as part of the ice age trail under s. 23.17, which during the year preceding that notification produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding that notification, produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres, on which the farm tank is located, of which at least 35 acres, during part or all of the year preceding that notification, were enrolled in the conservation reserve program under 16 USC 3831 to 3836.
SECTION 81. 165.25 (4) (ar) of the statutes is amended to read:
165.25 (4) (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 91.68, 93.73, 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.195, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50, and 100.51, and 100.55, and chs. 126, 136, 344, 704, 707, and 779, together with any other services as are necessarily connected to the legal services.
****NOTE: This is reconciled s. 165.25 (4) (ar). This SECTION has been affected by drafts with the following LRB numbers: -0202/2 and -0203/1.
SECTION 82. 281.16 (3) (e) of the statutes is amended to read:
281.16 (3) (e) An owner or operator of an agricultural facility or practice that is in existence before October 14, 1997, may not be required by this state or a municipality to comply with the performance standards, prohibitions, conservation practices or technical standards under this subsection unless cost-sharing is available, under s. 92.14 or 281.65 or from any other source, to the owner or operator. For the purposes of this paragraph, sub. (4) and ss. 92.07 (2), 92.105 (1), 92.15 (4) and 823.08 (3) (c) 2., the department of natural resources shall promulgate rules that specify criteria for determining whether cost-sharing is available under s. 281.65 and the department of agriculture, trade and consumer protection shall promulgate rules that specify criteria for determining whether cost-sharing is available under s. 92.14 or from any other source. The rules may not allow a determination that cost-sharing is available to meet local regulations under s. 92.07 (2), 92.105 (1) or 92.15 that are consistent with or that exceed the performance standards, prohibitions, conservation practices or technical standards under this subsection unless the cost-sharing is at least 70% of the cost of compliance or is from 70% to 90% of the cost of compliance in cases of economic hardship, as defined in the rules.
SECTION 83. 281.65 (5) (b) of the statutes is amended to read:
281.65 (5) (b) Prepare sections of the priority watershed or priority lake plan relating to farm-specific implementation schedules, requirements under ss. 92.104 and 92.105 s. 281.16 (3), animal waste management and selection of agriculturally related best management practices and submit those sections to the department for inclusion under sub. (4m) (b). The best management practices shall be cost-effective best management practices, as specified under sub. (4) (e), except in situations in which the use of a cost-effective best management practice will not contribute to water quality improvement or will cause a water body to continue to be impaired as identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A).
SECTION 84. 281.65 (5) (d) of the statutes is amended to read:
281.65 (5) (d) Develop a grant disbursement and project management schedule for agriculturally related best management practices to be included in a plan established under sub. (4) (g) and identify recommendations for implementing activities or projects under ss. 92.10, 92.104 and 92.105 and 281.16 (3).
SECTION 85. 281.65 (5) (e) of the statutes is amended to read:
281.65 (5) (e) Identify areas within a priority watershed or priority lake area that are subject to activities required under ss. 92.104 and 92.105 s. 281.16 (3).
SECTION 86. 289.33 (3) (d) of the statutes is amended to read:
289.33 (3) (d) "Local approval" includes any requirement for a permit, license, authorization, approval, variance or exception or any restriction, condition of approval or other restriction, regulation, requirement or prohibition imposed by a charter ordinance, general ordinance, zoning ordinance, resolution or regulation by a town, city, village, county or special purpose district, including without limitation because of enumeration any ordinance, resolution or regulation adopted under s. 91.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19), (20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) and (26), 59.55 (3), (4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (6), (7), (8), (10) and (11), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35, 61.351, 61.354, 62.11, 62.23, 62.231, 62.234, 66.0101, 66.0415, 87.30, 91.73, 196.58, 200.11 (8), 236.45, 281.43 or 349.16 or, subch. VIII of ch. 60, or subch III of ch. 91.
SECTION 87. 823.08 (2) (b) of the statutes is amended to read:
823.08 (2) (b) "Agricultural use" has the meaning given in s. 91.01 (1) (2).
SECTION 88. 846.04 (1) of the statutes is amended to read:
846.04 (1) The plaintiff may, in the complaint, demand judgment for any deficiency that may remain due the plaintiff after sale of the mortgaged premises against every party who is personally liable for the debt secured by the mortgage. Judgment may be rendered for any deficiency remaining after applying the proceeds of sale to the amount due. The judgment for deficiency shall be ordered in the original judgment and separately rendered against the party liable on or after the confirmation of sale. The judgment for deficiency shall be entered in the judgment and lien docket and, except as provided in subs. (2) and (3), enforced as in other cases. A mortgage foreclosure deficiency judgment entered on or after October 14, 1997, on property devoted primarily to under agricultural use, as defined in s. 91.01 (5), on and after October 14, 1997, (2), for at least 12 consecutive months during the preceding 36-month period shall be recorded as an agriculture judgment.
SECTION 89. 846.04 (2) of the statutes is amended to read:
846.04 (2) Except as provided in sub. (3), if a mortgage foreclosure deficiency judgment is entered on property devoted primarily to under agricultural use, as defined in s. 91.01 (5), (2), for at least 12 consecutive months during the preceding 36-month period, an action on the deficiency judgment shall be commenced within 10 years after the date on which the mortgage foreclosure deficiency judgment is entered or be barred.
SECTION 90. 946.13 (2) (g) of the statutes is amended to read:
946.13 (2) (g) Contracts with, or tax credits or payments received by, public officers or employees for wildlife damage claims or abatement under s. 29.889, for farmland preservation under s. 91.13, 2007 stats., or s. 91.60 or subch. IX of ch. 71 and s. 91.13, soil and water resource management under s. 92.14, soil erosion control under s. 92.10, 1985 stats., animal waste management under s. 92.15, 1985 stats., and nonpoint source water pollution abatement under s. 281.65.
SECTION 9343. Initial applicability; Revenue.
(1) FARMLAND PRESERVATION CREDIT. The treatment of section 71.613 of the statutes first applies to taxable years beginning on January 1, 2010.
(End)
LRB-0238LRB-0238/3
GMM:bjk:jf
2009 - 2010 LEGISLATURE
DOA:......Grimsrud, BB0031 - Mandatory federal child support distribution change
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Children
Under current law, when a person applies for or receives kinship care or long-term kinship care payments for the care of a child, any right of the child or of the child's parent to support or maintenance from any other person, including any right to unpaid amounts accrued at the time of application for those payments or that aid (pre-assistance arrears), is assigned to the state. This bill, beginning on October 1, 2009, eliminates assignment to the state of any right of a child or parent to pre-assistance arrears. Accordingly, under the bill, the only right to support or maintenance that is assigned to the state is the right to support or maintenance accruing during the time that those payments are made or that aid is paid. The bill also provides that any right to pre-assistance arrears assigned to the state before October 1, 2009, shall be released to the person who assigned that right to the state.
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:
SECTION 1. 48.57 (3m) (b) 2. of the statutes is amended to read:
48.57 (3m) (b) 2. When any kinship care relative of a child applies for or receives payments under this subsection, any right of the child or the child's parent to support or maintenance from any other person, including any right to unpaid amounts accrued at the time of application and any right to amounts accruing during the time that payments are made under this subsection, is assigned to the state. If a child who is the beneficiary of a payment under this subsection is also the beneficiary of support under a judgment or order that includes support for one or more children who are not the beneficiaries of payments under this subsection, any support payment made under the judgment or order is assigned to the state in the amount that is the proportionate share of the child who is the beneficiary of the payment made under this subsection, except as otherwise ordered by the court on the motion of a party.
SECTION 2. 48.57 (3n) (b) 2. of the statutes is amended to read:
48.57 (3n) (b) 2. When any long-term kinship care relative of a child applies for or receives payments under this subsection, any right of the child or the child's parent to support or maintenance from any other person, including any right to unpaid amounts accrued at the time of application and any right to amounts accruing during the time that payments are made under this subsection, is assigned to the state. If a child is the beneficiary of support under a judgment or order that includes support for one or more children who are not the beneficiaries of payments under this subsection, any support payment made under the judgment or order is assigned to the state in the amount that is the proportionate share of the child who is the beneficiary of the payment made under this subsection, except as otherwise ordered by the court on the motion of a party.
SECTION 3. 49.145 (2) (s) of the statutes, as affected by 2009 Wisconsin Act ( .... this act), is amended to read:
49.145 (2) (s) The individual assigns to the state any right of the individual or of any dependent child of the individual to support or maintenance from any other person, including any right to amounts accruing during the time that any assistance, as defined in 45 CFR 260.31, under Wisconsin Works benefit is paid to the individual. If a minor who is a beneficiary of any assistance under Wisconsin Works benefit is also the beneficiary of support under a judgment or order that includes support for one or more children not receiving a benefit under Wisconsin Works that assistance, any support payment made under the judgment or order is assigned to the state during the period that the minor is a beneficiary of the Wisconsin Works benefit that assistance in the amount that is the proportionate share of the minor receiving the benefit under Wisconsin Works assistance, except as otherwise ordered by the court on the motion of a party. Amounts assigned to the state under this paragraph remain assigned to the state until the amount due to the federal government has been recovered. No amount of support that begins to accrue after the individual ceases to receive benefits assistance under Wisconsin Works may be considered assigned to this state. Except as provided in s. 49.1455, 75 percent of all money received by the department in a month under an assignment to the state under this paragraph for an individual applying for or participating in Wisconsin Works shall be paid to the individual applying for or participating in Wisconsin Works. The department shall pay the federal share of support assigned under this paragraph as required under federal law or waiver.
****NOTE: This is reconciled s. 49.145 (2) (s). This SECTION has been affected by drafts with the following LRB numbers: LRB-0238/2 and LRB-1377/1.
SECTION 4. 49.775 (2) (bm) of the statutes, as affected by 2009 Wisconsin Act ( .... this act), is amended to read:
49.775 (2) (bm) The custodial parent assigns to the state any right of the custodial parent or of the dependent child to support from any other person accruing during the time that any payment under this subsection is made to the custodial parent. No amount of support that begins to accrue after the individual ceases to receive payments under this section may be considered assigned to the state. Seventy-five percent of all money that is received by the department of children and families under an assignment to the state under this paragraph shall be paid to the custodial parent. The department of children and families shall pay the federal share of support assigned under this paragraph as required under federal law or waiver.
****NOTE: This is reconciled s. 49.775 (2) (bm). This SECTION has been affected by drafts with the following LRB numbers: LRB-0238/2 and LRB-1377/1.
SECTION 9108. Nonstatutory provisions; Children and Families.
(1) RELEASE OF SUPPORT ASSIGNMENTS. Any right to unpaid amounts of support or maintenance accrued at the time of application for kinship care payments, long-term kinship care payments, Wisconsin Works benefits, or caretaker supplement payments that is assigned to the state under section 48.57 (3m) (b) 2., 2007 stats., or (3n) (b) 2., 2007 stats., 49.145 (2) (s), 2007 stats., or 49.775 (2) (bm), 2007 stats., shall be released to the person who assigned that right to the state.
SECTION 9408. Effective dates; Children and Families.
(1) ASSIGNMENT OF SUPPORT. The treatment of sections 48.57 (3m) (b) 2. and (3n) (b) 2., 49.145 (2) (s) (by SECTION 3), and 49.775 (2) (bm) (by SECTION 4) of the statutes and SECTION 9108 (1) of this act take effect on October 1, 2009, or on the day after publication, whichever is later.
(End)
LRB-0247LRB-0247/2
RLR:bjk&wlj:rs
2009 - 2010 LEGISLATURE
DOA:......Palchik, BB0176 - DHS appropriations
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Other health and human services
This bill reorganizes various appropriations to DHS.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 13.94 (1) (dg) of the statutes is repealed.
SECTION 2. 20.255 (1) (hm) of the statutes is amended to read:
20.255 (1) (hm) Services for drivers. The amounts in the schedule for services for drivers. All moneys transferred from the appropriation account under s. 20.435 (6) (5) (hx) shall be credited to this appropriation account, except that the unencumbered balance on June 30 of each year shall revert to the appropriation account under s. 20.435 (6) (5) (hx).
SECTION 3. 20.285 (1) (ia) of the statutes is amended to read:
20.285 (1) (ia) State laboratory of hygiene, drivers. All moneys transferred from the appropriation account under s. 20.435 (6) (5) (hx) for the state laboratory of hygiene for costs associated with services for drivers.
SECTION 4. 20.395 (5) (ci) of the statutes is amended to read:
20.395 (5) (ci) Breath screening instruments, state funds. From the general fund, all moneys transferred from the appropriation account under s. 20.435 (6) (5) (hx) for the purchase and maintenance of breath screening instruments. Notwithstanding s. 20.001 (3) (a), the unencumbered balance in this appropriation account on June 30 of each year shall be transferred to the appropriation account under s. 20.435 (6) (5) (hx).
SECTION 5. 20.395 (5) (di) of the statutes is amended to read:
20.395 (5) (di) Chemical testing training and services, state funds. From the general fund, the amounts in the schedule for the chemical testing training and services provided by the state traffic patrol. All moneys transferred from the appropriation account under s. 20.435 (6) (5) (hx) shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance in this appropriation account on June 30 of each year shall be transferred to the appropriation account under s. 20.435 (6) (5) (hx).
SECTION 6. 20.395 (5) (ek) of the statutes is amended to read:
20.395 (5) (ek) Safe-ride grant program; state funds. From the general fund, all moneys transferred from the appropriation account under s. 20.435 (6) (5) (hx) for the purpose of awarding grants under s. 85.55.
SECTION 7. 20.435 (1) (title) of the statutes is amended to read:
20.435 (1) (title) PUBLIC HEALTH SERVICES PLANNING, REGULATION, AND DELIVERY; STATE OPERATIONS.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 8. 20.435 (1) (b) of the statutes is created to read:
20.435 (1) (b) General aids and local assistance. The amounts in the schedule for aids and local assistance relating to public health services.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 9. 20.435 (1) (i) of the statutes is repealed and recreated to read:
20.435 (1) (i) Gifts and grants. All moneys received from gifts, grants, bequests, and trust funds relating to public health services, to be expended for the purposes for which received.
SECTION 10. 20.435 (1) (jd) of the statutes is created to read:
20.435 (1) (jd) Fees for administrative services. All moneys received from fees charged for providing state mailings, special computer services, training programs, printed materials, and publications relating to public health services, for the purpose of providing those state mailings, special computer services, training programs, printed materials, and publications.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 11. 20.435 (1) (kx) of the statutes is amended to read:
20.435 (1) (kx) Interagency and intra-agency programs. All moneys received from other state agencies and all moneys received by the department from the department not directed to be deposited under sub. (6) (k) for the administration of programs or projects relating to public health services, for the purposes for which received.
