SB445: Bill Text

SB445,18,8 283.60 Best management practices for large animal feeding operations. (1) The department shall promulgate rules specifying best management practices for controlling air emissions of ammonia and hydrogen sulfide at large animal feeding operations. The department shall design the best management practices to achieve all of the following:

SB445,18,9 (a) Elimination of substantially all emissions of ammonia.

SB445,18,11 (b) Elimination of substantially all odors detectable beyond the boundaries of the parcel of land on which a large animal feeding operation is located.

SB445,18,13 (c) Elimination of substantially all releases of disease-transmitting organisms and airborne pathogens.

SB445,18,16 (2) The department shall condition the issuance of a permit to a large animal feeding operation on compliance with the best management practices specified under sub. (1).

SB445, s. 38 Section 38. 283.91 (2) of the statutes is amended to read:

SB445,18,23 283.91 (2) Any person who violates this chapter, any rule promulgated under this chapter, any term or condition of a permit issued under this chapter, or any rule promulgated or order issued under s. 200.45 (1) or (2) shall forfeit not less than $10 nor more than $10,000 for each day of violation, except that the minimum maximum forfeiture does not apply is $1,000 for each day of violation if the point source at which the violation occurred is an animal feeding operation.

SB445, s. 39 Section 39. 283.91 (3) of the statutes is renumbered 283.91 (3) (a) and amended to read:

SB445,19,12 283.91 (3) (a) Any person who wilfully willfully or negligently violates this chapter, any rule promulgated under this chapter, or any term or condition of a permit issued under this chapter shall be fined not less than $10 nor more than $25,000 per day of violation, or imprisoned for not more than 6 months or both. If the conviction is for a violation committed after a first conviction of such person under this subsection, the person shall be fined not less than $10 nor more than $50,000 per day of violation, or imprisoned for not more than one year in the county jail or both. The minimum forfeiture does not apply if the point source at which the violation occurred is an animal feeding operation. In determining the amount of the fine under this subsection, the court shall assess an amount which represents an actual and substantial economic deterrent to the action which was the basis of the conviction.

SB445, s. 40 Section 40. 283.91 (3) (b) of the statutes is created to read:

SB445,19,16 283.91 (3) (b) Notwithstanding par. (a), the maximum fine for a violation described in par. (a) is $1,000 per day of violation if the point source at which the violation occurred is an animal feeding operation.

SB445, s. 41 Section 41. 421.202 (10) of the statutes is repealed.

SB445, s. 42 Section 42. 421.301 (17) of the statutes is amended to read:

SB445,19,25 421.301 (17) "Customer" means a person other than an organization (s. 421.301 (28)) who seeks or acquires real or personal property, services, money, or credit for personal, family or, household purposes, or, for purposes of ch. 427 only, for agricultural purposes. A person other than a customer may agree to be governed by chs. 421 to 427 with respect to all aspects of a transaction and in such event such person shall be deemed a customer for all purposes of chs. 421 to 427 with respect to such transaction.

SB445, s. 43 Section 43. 422.201 (12) of the statutes is created to read:

SB445,20,3 422.201 (12) Except for sub. (8), this section does not apply to a consumer credit transaction that is entered into primarily for an agricultural purpose.

SB445, s. 44 Section 44. 422.203 (4) (c) of the statutes is amended to read:

SB445,20,10 422.203 (4) (c) With respect to a consumer credit transaction other than a transaction that is entered into primarily for an agricultural purpose, interest after the final scheduled maturity date shall not exceed the greater of either 12% per year or the annual rate of finance charge assessed on that transaction if the transaction is entered into on or after November 1, 1981, but if interest is charged no delinquency charge may be taken on the final scheduled instalment.

SB445, s. 45 Section 45. 422.207 (1) of the statutes is amended to read:

SB445,20,25 422.207 (1) With respect to a consumer credit transaction the parties may, to the extent not prohibited by chs. 421 to 427 and 429, agree that the customer will perform certain duties with respect to preserving or insuring collateral or goods subject to a motor vehicle consumer lease, if such duties are reasonable in relation to the risk of loss of or damage to the collateral or goods. If the customer fails to so perform the creditor may, if authorized by the agreement, pay for the performance of such duties on behalf of the customer. The amount paid may be added to the unpaid balance of the customer's obligation, if, in the absence of performance, the merchant has made all expenditures on behalf of the customer in good faith and in a commercially reasonable manner and, except in the case of a transaction that was entered into for an agricultural purpose where the collateral is perishable and threatens to decline speedily in value, the merchant has given the customer written notice of the nonperformance and reasonable opportunity after such notice to so perform.

SB445, s. 46 Section 46. 422.209 (2) (b) 1. of the statutes is amended to read:

SB445,21,11 422.209 (2) (b) 1. The portion of the finance charge which is allocable to all unexpired payment periods as scheduled or deferred. A payment period is unexpired if prepayment is made within 15 days after the payment's due date. The unearned finance charge is the finance charge which, assuming all payments are made as scheduled or deferred, would be earned for each unexpired payment period by applying to unpaid balances of principal, according to the actuarial method, the annual percentage rate disclosed to the customer under subch. III or, in the case of a transaction that was entered into for an agricultural purpose, the annual percentage rate based on the finance charge. The creditor may decrease the annual interest rate to the next multiple of 0.25%.

SB445, s. 47 Section 47. 422.209 (2) (b) 2. of the statutes is amended to read:

SB445,21,19 422.209 (2) (b) 2. The finance charge less the amount determined by applying to the unpaid balances of principal, according to the actuarial method, for the time those balances were unpaid up to the date of prepayment, the annual percentage rate disclosed to the customer under subch. III, according to the actuarial method, to the unpaid balances for the actual time those balances were unpaid up to the date of prepayment or, in the case of a transaction that was entered into for an agricultural purpose, the annual percentage rate based on the finance charge.

SB445, s. 48 Section 48. 422.210 of the statutes is repealed.

SB445, s. 49 Section 49. 422.411 (1) of the statutes is amended to read:

SB445,22,2 422.411 (1) Except as provided in subs. (2) and (2m), with respect to a consumer credit transaction no term of a writing may provide for the payment by the customer of attorney fees. Notwithstanding subs. (2) and (2m), a consumer credit transaction that is entered into for an agricultural purpose may not provide for the payment by the customer of attorney fees.

SB445, s. 50 Section 50. 422.412 of the statutes is amended to read:

SB445,22,9 422.412 Restriction on liability in consumer lease. In a consumer lease other than a lease that is entered into for an agricultural purpose, the obligation of a customer upon expiration of the lease may not exceed the average payment allocable to a monthly period under the lease. This limitation does not apply to charges for damages to the leased property occasioned by other than normal use or for other default.

SB445, s. 51 Section 51. 422.413 (1) of the statutes is amended to read:

SB445,22,15 422.413 (1) Except as provided in sub. subs. (2) and (2g), no term of a writing evidencing a consumer credit transaction may provide for any charges as a result of default by the customer other than reasonable expenses incurred in the disposition of collateral or goods subject to a motor vehicle consumer lease and such other charges as are specifically authorized by chs. 421 to 427 and 429.

SB445, s. 52 Section 52. 422.413 (2) of the statutes is created to read:

SB445,22,22 422.413 (2) In the case of a consumer credit transaction that is entered into for an agricultural purpose, a writing evidencing the transaction may provide for the creditor's recovery of expenses of taking and holding collateral and in the case of collateral other than automobiles, as defined in s. 340.01 (4), and trucks other than farm trucks, as defined in s. 340.01 (18), for the expenses of preparing the collateral for sale.

SB445, s. 53 Section 53. 422.417 (1) (c) of the statutes is amended to read:

SB445,23,3 422.417 (1) (c) Real property to which the property sold is affixed, or which is maintained, repaired or improved as a result of the sale of the property or services, if the obligation secured is $1,000 or more; and

SB445, s. 54 Section 54. 422.417 (1) (d) of the statutes is amended to read:

SB445,23,9 422.417 (1) (d) Goods of the consumer which were the subject of a prior transaction with the seller which is consolidated (s. 422.206) with the consumer credit sale, or if the consumer credit sale is made pursuant to an open-end credit plan, goods previously purchased by the consumer pursuant to the plan, subject however to s. 422.418. ; and

SB445, s. 55 Section 55. 422.417 (1) (e) of the statutes is created to read:

SB445,23,12 422.417 (1) (e) Agricultural products or agricultural equipment then owned by the customer or acquired or to be acquired in the future.

SB445, s. 56 Section 56. 422.417 (2) of the statutes is amended to read:

SB445,23,19 422.417 (2) With respect to a consumer lease, except as otherwise provided in s. 429.205 with respect to a motor vehicle consumer lease, a lessor may not take a security interest in any property owned or leased by the customer other than the leased goods to secure the lessor's obligations under the lease. This subsection does not prohibit a security interest in a cash security deposit for a consumer lease of motor vehicles or agricultural equipment.

SB445, s. 57 Section 57. 422.418 (2) of the statutes is amended to read:

SB445,24,5 422.418 (2) For the purpose of determining the extent to which a consolidated obligation is secured after a consolidation of consumer sales other than sales that are primarily for an agricultural purpose, and after a consolidation of consumer loans in which one or more of the loans consolidated is secured by a purchase money security interest in property of the type described in s. 422.417 (3) (a), payments received by the creditor after a consolidation agreement are deemed to have been first applied to the payment of obligations arising from the transactions first made. To the extent that obligations are paid pursuant to this section, security interests in items of property terminate as the obligation originally incurred with respect to each item is paid.

SB445, s. 58 Section 58. 422.501 (3) of the statutes is amended to read:

SB445,24,9 422.501 (3) "Extension of credit" means the right to defer payment of debt or to incur debt and defer its payment, that is offered or granted for debt that is incurred primarily for personal, family or, household, or agricultural purposes.

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.