SB445: Bill Text

SB445,15,8 (a) A bond.

SB445,15,9 (b) A deposit.

SB445,15,10 (c) An established escrow account.

SB445,15,11 (d) An irrevocable letter of credit.

SB445, s. 27 Section 27. 281.18 of the statutes is created to read:

SB445,15,17 281.18 Location of animal waste storage lagoons. No person may begin construction of an animal waste storage lagoon after the effective date of this subsection .... [revisor inserts date], on land that is hydraulically connected to a stream that is classified as a Class I, Class II, or Class III trout stream under s. 23.09 (2) (m).

SB445, s. 28 Section 28. 283.01 (6s) of the statutes is created to read:

SB445,15,20 283.01 (6s) "Large animal feeding operation" has the meaning in s. NR 243.04 (13), Wis. Adm. Code.

SB445, s. 29 Section 29. 283.31 (1m) of the statutes is created to read:

SB445,16,2 283.31 (1m) No person may establish a large animal feeding operation after the effective date of this subsection .... [revisor inserts date], or expand an animal feeding operation after the effective date of this subsection .... [revisor inserts date], so that it becomes a large animal feeding operation until the person has obtained a permit under this subsection.

SB445, s. 30 Section 30. 283.31 (9) of the statutes is created to read:

SB445,16,4 283.31 (9) (a) In this subsection:

SB445,16,8 1. "Livestock integrator" means a person who provides livestock to the operator of a livestock operation and who either has an ownership interest in the livestock or establishes management and production standards to be followed by the operator for the maintenance, care, and raising of the livestock.

SB445,16,9 2. "Livestock operation" has the meaning given in s. 281.16 (1) (c).

SB445,16,10 3. "Ownership interest" includes a right or option to purchase.

SB445,16,16 (b) 1. If a livestock integrator exercises substantial control over the operations of a livestock operation for which a permit is required under this section, the department shall issue the permit in the name of the livestock integrator and the owner or operator of the livestock operation, and the livestock integrator and the owner or operator of the livestock operation are jointly responsible under s. 283.91 for any violation of the permit.

SB445,16,19 2. The owner or operator of a livestock operation for which a permit is required under this section shall provide the department with any information that the department determines is necessary to determine whether subd. 1. applies.

SB445, s. 31 Section 31. 283.38 of the statutes is created to read:

SB445,16,22 283.38 Application fee. An applicant for issuance or reissuance of a permit shall pay a fee of $250.

SB445, s. 32 Section 32. 283.43 (1) (am) of the statutes is created to read:

SB445,17,3 283.43 (1) (am) The department shall make accessible to the public all of the following concerning large animal feeding operations and proposed large animal feeding operations:

SB445,17,4 1. Permit applications under s. 283.37.

SB445,17,5 2. Public notices under s. 283.39.

SB445,17,6 3. Draft permits.

SB445,17,7 4. Permits issued by the department under s. 283.31.

SB445,17,8 5. Reports submitted under s. 283.55 (1s).

SB445, s. 33 Section 33. 283.43 (1m) of the statutes is created to read:

SB445,17,12 283.43 (1m) Notwithstanding sub. (2) and s. 283.55 (2) (c), the department may not treat as confidential any information contained in permit applications, draft permits, permits, or reports described in sub. (1) (am).

SB445, s. 34 Section 34. 283.55 (1s) of the statutes is created to read:

SB445,17,18 283.55 (1s) Reporting requirements. The department shall promulgate rules specifying requirements for the submission to the department of periodic reports by the owner of a large animal feeding operation concerning animal waste storage and disposal and other aspects of compliance with the conditions of the permit under s. 283.31 of the large animal feeding operation.

SB445, s. 35 Section 35. 283.55 (2) (title) of the statutes is amended to read:

SB445,17,20 283.55 (2) (title) Access to premises, monitoring equipment, and records.

SB445, s. 36 Section 36. 283.55 (2) (am) of the statutes is created to read:

SB445,18,2 283.55 (2) (am) A duly authorized officer, employee or representative of the department may enter the premises of an animal feeding operation at reasonable times to determine whether the animal feeding operation is a large animal feeding, operation and may inspect records of animal stabling, confinement, feeding, and maintenance for that purpose.

SB445, s. 37 Section 37. 283.60 of the statutes is created to read:

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.