AB75,1141,2423
i. Enrollment of land in a federal agricultural commodity payment program or
24a federal or state agricultural land conservation payment program.
AB75,1141,2525
2. Any other use that the department, by rule, identifies as an agricultural use.
AB75,1142,2
1(c) "Cooperating entity" means a political subdivision or nonprofit conservation
2organization.
AB75,1142,43
(d) "Fair market value" means value as determined by a professional appraisal
4that is approved by the department.
AB75,1142,75
(dm) "Livestock" means bovine animals, equine animals, goats, poultry, sheep,
6swine, farm-raised deer, farm-raised game birds, camelids, ratites, and farm-raised
7fish.
AB75,1142,138
(e) "Nonprofit conservation organization" means a nonstock corporation,
9charitable trust, or other entity whose purposes include the acquisition of property
10for conservation or agricultural preservation purposes, that is described in section
11501 (c) (3) of the Internal Revenue Code, that is exempt from federal income tax
12under section
501 (a) of the Internal Revenue Code, and that is a qualified
13organization under section
170 (h) (3) of the Internal Revenue Code.
AB75,1142,1414
(f) "Political subdivision" means a city, village, town, or county.
AB75,1142,1615
(g) "Professional appraisal" means an appraisal conducted by a certified
16general appraiser, as defined in s. 458.01 (8).
AB75,1142,1817
(h) "Purchase cost" means the amount paid to a landowner to acquire an
18agricultural conservation easement from the landowner.
AB75,1142,2519
(i) "Transaction costs" means out-of-pocket expenses incurred in connection
20with the acquisition, processing, recording, and documentation of an agricultural
21conservation easement, including out-of-pocket expenses for land surveys, land
22descriptions, real estate appraisals, title verification, preparation of legal
23documents, reconciliation of conflicting property interests, documentation of
24existing land uses, and closing. "Transaction costs" does not include costs incurred
25by a cooperating entity for staffing, overhead, or operations.
AB75,1143,5
1(2) Program. (a) The department shall administer a program under which it,
2together with cooperating entities, purchases agricultural conservation easements
3from willing landowners. The department may pay as its share of the cost to
4purchase an agricultural conservation easement under this section an amount that
5does not exceed the sum of the following:
AB75,1143,76
1. Fifty percent of the fair market value of the agricultural conservation
7easement.
AB75,1143,98
2. The reasonable transaction costs related to the purchase of the agricultural
9conservation easement.
AB75,1143,1310
(am) The willingness of a landowner to convey an agricultural conservation
11easement for less than full market value does not reduce the amount that the
12department may pay as its share of the cost to purchase the agricultural conservation
13easement.
AB75,1143,1914
(b) The department, after consultation with the council under sub. (13), shall
15solicit applications under sub. (3) at least annually. The department shall issue each
16solicitation in writing and shall publish a notice announcing the solicitation. In
17soliciting applications, the department may specify the total amount of funds
18available, application deadlines, application requirements and procedures,
19preliminary criteria for evaluating applications, and other relevant information.
AB75,1143,23
20(3) Application. A cooperating entity may apply to participate in the program
21under this section by submitting an application that complies with requirements
22contained in the department's solicitation under sub. (2) (b) and that contains all of
23the following:
AB75,1144,3
1(a) Identifying information for the cooperating entity, including information
2showing that the cooperating entity is a political subdivision or nonprofit
3conservation organization.
AB75,1144,54
(b) A description of the land that would be subject to the proposed agricultural
5conservation easement, including location, acreage, and current use.
AB75,1144,76
(c) The name and address of each owner of land that would be subject to the
7proposed agricultural conservation easement.
AB75,1144,98
(d) Evidence that all of the owners under par. (c) are willing to convey the
9proposed agricultural conservation easement.
AB75,1144,1310
(e) An indication that the cooperating entity is willing to arrange the purchase
11of the proposed agricultural conservation easement in accordance with this section
12and share in the purchase cost, subject to reimbursement under sub. (9) of the
13department's agreed upon share of the costs.
AB75,1144,1514
(f) The purpose of and rationale for the proposed agricultural conservation
15easement.
AB75,1144,1716
(g) Information needed to evaluate the application using the criteria in sub. (4)
17and in the department's solicitation under sub. (2) (b).
AB75,1144,21
18(4) Application evaluation criteria. The department may not approve an
19application under sub. (3) unless the department determines that purchase of the
20proposed agricultural conservation easement will serve a public purpose. In making
21this determination, the department shall consider all of the following criteria:
AB75,1144,2322
(a) The value of the proposed agricultural conservation easement in preserving
23or enhancing agricultural production capacity in this state.
AB75,1145,3
1(b) The importance of the proposed agricultural conservation easement in
2protecting or enhancing the waters of the state or in protecting or enhancing other
3public assets.
AB75,1145,64
(c) The extent to which the proposed agricultural conservation easement would
5conserve important or unique agricultural resources, such as prime soils and soil
6resources that are of statewide importance or are unique.
AB75,1145,97
(d) The extent to which the proposed agricultural conservation easement would
8be consistent with local land use plans and zoning ordinances, including any certified
9farmland preservation plans and zoning ordinances under ch. 91.
AB75,1145,1110
(e) The extent to which the proposed agricultural conservation easement would
11enhance an agricultural enterprise area designated under s. 91.84.
AB75,1145,1312
(f) The availability, practicality, and effectiveness of other methods to preserve
13the land that would be subject to the proposed agricultural conservation easement.
AB75,1145,1714
(h) The proximity of the land that would be subject to the proposed agricultural
15conservation easement to other land that is protected for agricultural use or
16conservation use and the extent to which the proposed agricultural conservation
17easement would enhance that protection.
AB75,1145,1918
(i) The likely cost-effectiveness of the proposed agricultural conservation
19easement in preserving land for agricultural use.
AB75,1145,2220
(j) The likelihood that the land that would be subject to the proposed
21agricultural conservation easement would be converted to nonagricultural use if the
22land is not protected by the proposed agricultural conservation easement.
AB75,1145,2423
(k) The apparent willingness of each landowner to convey the proposed
24agricultural conservation easement.
AB75,1146,5
1(5) Preliminary approval of applications. The department may give
2preliminary approval to an application under sub. (3) after evaluating the
3application under sub. (4) and consulting with the council under sub. (13). The
4department shall give its preliminary approval in writing. Approval of an
5application is contingent on the signing of a contract under sub. (6m).
AB75,1146,8
6(6) Information related to proposed easement. A cooperating entity that
7receives a preliminary approval under sub. (5) shall submit all of the following to the
8department:
AB75,1146,109
(a) A copy of the proposed instrument for conveying the agricultural
10conservation easement.
AB75,1146,1211
(b) A professional appraisal of the proposed agricultural conservation
12easement.
AB75,1146,1313
(c) A statement of the purchase cost of the agricultural conservation easement.
AB75,1146,1514
(d) An estimate of the transaction costs that the cooperating entity will incur
15in connection with the purchase of the proposed agricultural conservation easement.
AB75,1146,1916
(e) The record of a complete search of title records that verifies ownership of
17the land that would be subject to the proposed agricultural conservation easement
18and identifies any potentially conflicting property interests, including any liens,
19mortgages, easements, or reservations of mineral rights.
AB75,1146,2320
(f) Documentation showing to the satisfaction of the department that any
21material title defects will be eliminated and any materially conflicting property
22interests will be subordinated to the proposed agricultural conservation easement
23or eliminated.
AB75,1147,7
24(6m) Contract with cooperating entity. After a cooperating entity complies
25with sub. (6) and the department determines that the proposed instrument of
1conveyance complies with sub. (7), the department and the cooperating entity may
2enter into a written contract that specifies the terms and conditions of the
3department's participation in the purchase of the proposed agricultural conservation
4easement. The cooperating entity shall agree to pay the full purchase cost and the
5transaction costs related to the purchase of the proposed agricultural conservation
6easement, subject to reimbursement under sub. (9) of the department's agreed upon
7share of the costs.
AB75,1147,12
8(7) Purchase of easement. After a cooperating entity has entered into a
9contract under sub. (6m), the cooperating entity may, in accordance with the
10contract, purchase the agricultural conservation easement on behalf of the
11cooperating entity and the department if the agricultural conservation easement
12does all of the following:
AB75,1147,1513
(a) Prohibits the land subject to the agricultural conservation easement from
14being developed for a use that would make the land unavailable or unsuitable for
15agricultural use.
AB75,1147,1616
(b) Continues in perpetuity, except as provided in par. (dm).
AB75,1147,1817
(c) Provides that the cooperating entity and the department, on behalf of this
18state, are both holders of the agricultural conservation easement.
AB75,1147,2119
(d) Prohibits any holder of the agricultural conservation easement other than
20the department from transferring or relinquishing the holder's interest without 60
21days' prior notice to the department.
AB75,1147,2422
(dm) Provides that a court may do all of the following if, at any time, the court
23finds that due to unforeseen circumstances it is no longer possible for the agricultural
24conservation easement to serve its original purpose:
AB75,1147,2525
1. Terminate the agricultural conservation easement.
AB75,1148,3
12. Order the property owner to pay compensation to the holders of the
2agricultural conservation easement, including this state, under the terms the court
3determines to be appropriate.
AB75,1148,54
(e) Complies with any other conditions specified in the contract under sub.
5(6m).
AB75,1148,14
6(8) Acceptance and recording of easement. A cooperating entity that
7purchases an agricultural conservation easement under sub. (7) shall submit the
8agricultural conservation easement to the department for its acceptance. Upon
9acceptance by the department, the cooperating entity shall promptly record the
10agricultural conservation easement and acceptance with the register of deeds of the
11county in which the land subject to the agricultural conservation easement is located
12and shall provide to the department a copy of the recorded instrument conveying the
13agricultural conservation easement, certified by the register of deeds under s. 59.43
14(1) (i).
AB75,1148,18
15(9) Payment. The department shall reimburse a cooperating entity for the
16department's agreed upon portion of the purchase cost and transaction costs related
17to the purchase of an agricultural conservation easement after the cooperating entity
18does all of the following:
AB75,1148,1919
(a) Complies with sub. (8).
AB75,1148,2320
(b) Submits documentation showing that any material title defects have been
21eliminated and any materially conflicting property interests have been eliminated
22or subordinated to the agricultural conservation easement, as required by the
23contract under sub. (6m).
AB75,1148,2524
(c) Submits proof of the amount of the purchase cost and transaction costs that
25the cooperating entity has paid, consistent with the contract under sub. (6m).
AB75,1149,3
1(10) Transfer or relinquishment of holder's interest. The transfer or
2relinquishment of another holder's interest does not affect the department's interest
3in an agricultural conservation easement.
AB75,1149,6
4(11) Enforcement of easement. The department or any other holder of an
5agricultural conservation easement purchased under this section may enforce and
6defend the agricultural conservation easement.
AB75,1149,8
7(12) Record of easements. The department shall maintain a record of all
8agricultural conservation easements purchased under this section.
AB75,1149,10
9(13) Council. The department shall appoint a council under s. 15.04 (1) (c) to
10advise the department on the administration of this section.
AB75, s. 1978
11Section
1978. 94.38 (3) of the statutes is repealed.
AB75, s. 1979
12Section
1979. 94.38 (4) of the statutes is repealed.
AB75, s. 1980
13Section
1980. 94.38 (4m) of the statutes is repealed.
AB75, s. 1981
14Section
1981. 94.38 (5) of the statutes is repealed.
AB75, s. 1982
15Section
1982. 94.38 (6) of the statutes is repealed.
AB75, s. 1983
16Section
1983. 94.38 (8) of the statutes is amended to read:
AB75,1149,2117
94.38
(8) "Labeler" means any person who as grower, processor, jobber,
18distributor or seller labels
seed or accepts responsibility for labeling information
19pertaining to any container or lot of agricultural
seed or vegetable seed and whose
20name and address
is are required
by the department by rule to appear on the label
21under s. 94.39.
AB75, s. 1984
22Section
1984. 94.38 (9) of the statutes is repealed.
AB75, s. 1985
23Section
1985. 94.38 (12) of the statutes is repealed.
AB75, s. 1986
24Section
1986. 94.38 (13) of the statutes is repealed.
AB75, s. 1987
25Section
1987. 94.38 (15) of the statutes is repealed.
AB75, s. 1988
1Section
1988. 94.38 (19) of the statutes is repealed.
AB75, s. 1989
2Section
1989. 94.38 (20) of the statutes is repealed.
AB75, s. 1990
3Section
1990. 94.38 (21) of the statutes is repealed.
AB75, s. 1991
4Section
1991. 94.38 (22) of the statutes is repealed.
AB75, s. 1992
5Section
1992. 94.38 (23) of the statutes is repealed.
AB75, s. 1993
6Section
1993. 94.38 (24) of the statutes is repealed.
AB75, s. 1994
7Section
1994. 94.385 of the statutes is amended to read:
AB75,1150,13
894.385 Seed label locations requirements. (1) Each No person may sell,
9distribute, or offer or expose for sale in this state a container of agricultural
seed or
10vegetable seed
which is sold, distributed or offered or exposed for sale within this
11state for seeding or sprouting purposes
shall bear or have unless the container bears
12or has attached to it in a conspicuous place a label containing the information
13specified in s. 94.39 required by the department by rule.
AB75,1150,18
14(2) Except as provided under s. 94.43 (2),
each no person may sell in this state
15a bulk lot of agricultural or vegetable seed
sold within this state for seeding or
16sprouting purposes
shall include unless the person includes with the invoice or
17shipping document furnished the purchaser at time of delivery a label containing the
18information
specified in s. 94.39 required by the department by rule.
AB75, s. 1996
20Section
1996. 94.40 (1) of the statutes is repealed.
AB75, s. 1997
21Section
1997. 94.40 (2) of the statutes is amended to read:
AB75,1151,222
94.40
(2) The Wisconsin Crop Improvement Association, a nonprofit
23organization incorporated under the laws of this state, in cooperation with the
24University of Wisconsin-Madison College of Agricultural and Life Sciences and the
1department, shall be the
seed certifying agency for the certification of agricultural
2seed and vegetable seed in the state.
AB75, s. 1998
3Section
1998. 94.40 (3) of the statutes is amended to read:
AB75,1151,114
94.40
(3) The Wisconsin Crop Improvement Association, in cooperation with
5the University of Wisconsin-Madison College of Agricultural and Life Sciences
and
6the department, shall establish standards and procedures for the certification of
7agricultural seed and vegetable seed, subject to approval of the department.
8Standards and procedures established under this subsection shall
comply with rules
9promulgated by the department and be no less stringent than those prescribed by the
10association of official seed certifying agencies
Association of Official Seed Certifying
11Agencies.
AB75, s. 1999
12Section
1999. 94.40 (4) of the statutes is created to read: