LRB-3987/1
RCT:skg:lpa
1995 - 1996 LEGISLATURE
November 1, 1995 - Introduced by Representatives Brandemuehl, Ott, Ward,
Freese, Gunderson, Goetsch, Musser and Olsen, cosponsored by Senator
Schultz. Referred to Committee on Agriculture.
AB652,1,2
1An Act to create 100.04 of the statutes;
relating to: requirements for contracts
2under which one party possesses livestock owned by another party.
Analysis by the Legislative Reference Bureau
This bill requires that a written contract, under which livestock owned by one
party is possessed by another party for breeding, feeding or the production of animal
products, specify how any payments received because of the destruction of the
livestock due to disease or other unanticipated cause will be divided between the
parties. Under the bill, if one party violates the contract provision concerning the
division of these payments, the other party may recover double the amount of its loss
as well as costs, including reasonable attorney fees.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB652, s. 1
3Section
1. 100.04 of the statutes is created to read:
AB652,1,6
4100.04 Livestock production contracts.
(1) Definition. In this section,
5"livestock" means swine, cattle, poultry, sheep, goats or commercially raised deer, as
6defined in s. 95.25 (5m).
AB652,2,3
7(2) Required contract terms. Every written contract under which livestock
8owned by one party is possessed by another party for breeding, feeding or the
9production of animal products shall set forth, in clear language, the manner in which
1any payments received because of the destruction of the livestock due to disease, fire
2or other unanticipated cause shall be divided between the party owning the livestock
3and the party possessing the livestock.
AB652,2,6
4(3) Remedy for violation of contract terms. A party who sustains a loss as
5a result of a violation by another party of contract terms required under sub. (2) may
6recover all of the following:
AB652,2,77
(a) Double the amount of the loss.
AB652,2,88
(b) Costs, including reasonable attorney fees, notwithstanding s. 814.04 (1).
