AB100-ASA1-AA1,209,321
(am)
Selection of arbitrators. The
board department shall select arbitrators
22who are residents of this state, who have the character and ability to serve as
23arbitrators and who have knowledge of financial or agricultural matters or of
24arbitration processes. The
board department shall ensure that each arbitrator
1receives sufficient training in arbitration processes, resolving conflicts, farm finance
2and management and the farm credit system and practices to enable the arbitrator
3to perform his or her functions under this section.
AB100-ASA1-AA1,209,64
(b)
Compensation of mediators and arbitrators. Mediators and arbitrators
5shall be compensated for travel and other necessary expenses in amounts approved
6by the
board department.
AB100-ASA1-AA1,209,118
93.50
(2) (d)
Forms and publicity. The
board department shall prepare all
9forms necessary for the administration of this section and shall ensure that forms are
10disseminated and that the availability of mediation and arbitration under this
11section is publicized.
AB100-ASA1-AA1,209,1712
(e)
Exclusion from open records law. All mediators and arbitrators shall keep
13confidential all information and records obtained in conducting mediation and
14arbitration. The
board department shall keep confidential all information and
15records that may serve to identify any party to mediation and arbitration under this
16section. Any information required to be kept confidential under this paragraph may
17be disclosed if the
board department and the parties agree to disclosure.
AB100-ASA1-AA1,209,2418
(f)
Rule making. The
board department may promulgate rules necessary to
19implement this section. The
board department may promulgate rules defining
20owners and creditors of agriculturally related businesses and permitting owners and
21creditors of such businesses to participate in mediation and arbitration subject to the
22same terms and conditions applicable to farmers and creditors under this section.
23The board may promulgate a rule under sub. (3) (am) 6. specifying a kind of dispute
24as eligible for mediation only with the approval of the department.
AB100-ASA1-AA1,210,2
193.50
(3) (am) 6. A kind of dispute specified as eligible for mediation by the
2board department by rule.
AB100-ASA1-AA1,210,84
93.50
(3) (b)
Request for mediation; agreement to mediate. To participate in
5mediation, the farmer or other party to a dispute described in par. (am) shall submit
6a request for mediation to the
board department on forms prepared by the
board 7department. The
board department may not proceed under this section until the
8farmer and the other party have submitted an agreement to mediate.
AB100-ASA1-AA1,210,1510
93.50
(3) (e)
Selection of mediator. If the
board department has obtained the
11agreement under par. (b), the farmer and the other party may request the
board 12department to provide the names, mailing addresses and qualifications of up to 3
13mediators located in the geographical area in which the agricultural property or
14farmer is located. The parties shall select a mediator or, upon request of the parties,
15the
board department shall designate a mediator for the parties.
AB100-ASA1-AA1,210,2217
93.50
(4) (b)
Request for arbitration; agreement to arbitrate. To participate in
18arbitration, the farmer and other party under par. (a) shall submit a request for
19arbitration to the
board department on a form prepared by the
board department.
20After receipt of the request, if the parties wish to proceed to arbitration under this
21subsection, the
board department shall require the parties to enter into an
22agreement to binding arbitration on a form prepared by the
board department.
AB100-ASA1-AA1,211,424
93.50
(4) (e)
Selection of arbitrator. After the
board department has obtained
25the agreement under par. (b), the farmer and the other party may request the
board
1department to provide the names, mailing addresses and qualifications of up to 3
2arbitrators located in the geographical area in which the agricultural property or
3farmer is located. The parties shall select an arbitrator or, upon request of the
4parties, the
board department shall designate an arbitrator for the parties.".
AB100-ASA1-AA1,211,2010
94.69
(10) The department shall promulgate rules when it determines that it
11is necessary for the protection of persons or property from serious pesticide hazards
12and that its enforcement is feasible and will substantially eliminate or reduce such
13hazards. In making this determination the department shall consider the toxicity,
14hazard, effectiveness and public need for the pesticides, and the availability of less
15toxic or less hazardous pesticides or other means of pest control.
It shall obtain the
16recommendations of the pesticide review board and such rules, other than rules to
17protect groundwater adopted to comply with ch. 160, are not effective until approved
18by the pesticide review board. Such These rules
shall do not affect the application
19of any other statutes or
rule adopted thereunder
rules promulgated under those
20statutes.".
AB100-ASA1-AA1,212,1123
94.705
(2) Certification standards.
Notwithstanding s. 250.09, the The 24department shall, by rule, adopt standards for the training and certification of
1private and commercial applicators, at least equal to but not to exceed federal
2standards adopted under the federal act. In the adoption of the standards, separate
3categories of pesticide use and application may be established for certification
4purposes depending on the specific types of pesticides used, the purposes for which
5they are used, types of equipment required in their application, the degree of
6knowledge and skill required and other factors which may warrant the creation of
7different categories. The standards shall provide that individuals to be certified must
8be competent with respect to the use and application of pesticides in the various
9categories of pesticide use and application for which certification is desired. For
10commercial applicators, competence in the use and handling of pesticides shall be
11determined on the basis of written examinations.
AB100-ASA1-AA1,212,2113
94.708
(4) Exception. The department shall promulgate rules establishing
14standards for the sale, advertisement and use of pesticides for emergency bat control.
15The
pesticide review board department may issue a permit authorizing the use of a
16pesticide in accordance with the rules
promulgated by the department that it
17promulgates only in the case of an individual bat colony after a determination that
18there exists an outbreak of rabies that threatens public health or another situation
19where the existence of a colony of bats threatens the health or welfare of any person.
20The
pesticide review board department may not base its determination on an
21isolated individual instance of a rabid bat.".
AB100-ASA1-AA1,213,3
3"
Section 2537b. 94.73 (6) (b) of the statutes is repealed and recreated to read:
AB100-ASA1-AA1,213,64
94.73
(6) (b) Except as provided in pars. (c) and (e), the department shall
5reimburse a responsible person an amount equal to 80% of the corrective action costs
6incurred for each discharge site that are greater than $3,000 and less than $400,000.
AB100-ASA1-AA1,213,118
94.73
(6) (c) Except as provided in par. (e), the department shall reimburse a
9responsible person an amount equal to 80% of the corrective action costs incurred for
10each discharge site that are greater than $7,500 and less than $400,000 if any of the
11following applies:
AB100-ASA1-AA1,213,1212
1. The responsible person is required to be licensed under ss. 94.67 to 94.71.
AB100-ASA1-AA1,213,1313
2. The responsible person employs more than 25 persons.
AB100-ASA1-AA1,213,1414
3. The responsible person has gross annual sales of more than $2,500,000.
AB100-ASA1-AA1,213,2016
94.73
(6) (d) For the purposes for pars. (b) and (c), a discharge that occurs in
17the course of transporting an agricultural chemical is considered to have occurred at
18the site from which the agricultural chemical was being transported if the site from
19which the agricultural chemical was being transported is under the ownership or
20control of the person transporting the agricultural chemical.
AB100-ASA1-AA1,213,2422
94.73
(6) (e) The department may not reimburse corrective action costs that
23exceed $100,000 for any one discharge for which groundwater remediation is not
24ordered unless the criteria in rules promulgated under par. (f) are satisfied.".
AB100-ASA1-AA1,214,119
101.14
(2) (cm) In addition to the requirements of pars. (b) and (c), a fire
10department shall provide public fire education services
, in consultation with the
11department and the fire prevention council.".
AB100-ASA1-AA1,214,23
22"
Section 2588b. 101.143 (3) (ae) 1. of the statutes is renumbered 101.143 (3)
23(ae) and amended to read:
AB100-ASA1-AA1,215,7
1101.143
(3) (ae) An owner or operator or a person owning a home oil tank
2system is not eligible for an award under this section for costs incurred because of
3a petroleum product discharge from
a an underground petroleum product storage
4tank system or a home oil tank system that meets the performance standards in
40
5CFR 280.20 or in rules promulgated by the department relating to underground
6petroleum product storage tank systems installed after December 22, 1988,
except
7as provided in subd. 2 if the discharge is confirmed after December 31, 1995.
AB100-ASA1-AA1,215,12
10751. Page 1192, line 12: delete the material beginning with "except" and
11ending with "2" on line 13 and substitute" if the discharge is confirmed after
12December 22, 2001".
AB100-ASA1-AA1,216,98
101.575
(3) (a) 3. Provides a training program prescribed by the department
9by rule
, in consultation with the fire prevention council.".
AB100-ASA1-AA1,216,1514
103.905
(3) Gather
, compile and submit to the council on migrant labor and
15compile data and information relative to ss. 103.90 to 103.97.
AB100-ASA1-AA1,217,3
1106.06
(3) All gifts, grants, bequests and devises to the division for its use
for
2any of the purposes mentioned in s. 106.05 are valid and shall be used to carry out
3the purposes for which made and received.".
