SB40: Bill Text

SB40,1218,20 b. Review and audit the application for certification under s. 91.78 (2).

SB40,1218,23 (b) The department shall grant or deny an application for certification under s. 91.78 (2) in writing no later than the 90th day following receipt of a complete application, unless the county, city, village, or town agrees to an extension.

SB40,1219,2 (c) The department may grant an application for certification under s. 91.78 (2) subject to conditions specified by the department in its certification decision. The department may revoke the certification if the county, city, village, or town does not make the required changes by a deadline specified by the department.

SB40, s. 2561 Section 2561. 91.13 (8) (fm) of the statutes is amended to read:

SB40,1219,7 91.13 (8) (fm) A statement in boldface uppercase type that contains the following language: "UPON RELINQUISHMENT (WITHDRAWAL OR EXPIRATION) OF FROM THIS AGREEMENT, A PAYBACK OF CREDITS WITH INTEREST PAYMENT TO THE STATE MAY BE REQUIRED."

SB40, s. 2562 Section 2562. 91.17 (1) of the statutes is amended to read:

SB40,1219,14 91.17 (1) Land subject to a farmland preservation agreement may be sold without a lien being filed payment being made under s. 91.19 (7m), subject to the reservation of rights contained in the agreement. The seller shall notify the department of any such transfer. The purchaser shall be liable under any subsequent lien under s. 91.19 only for the amount of tax credits paid on that portion of the land purchased.

SB40, s. 2563 Section 2563. 91.17 (2) of the statutes is amended to read:

SB40,1219,19 91.17 (2) When the owner of land subject to a farmland preservation agreement dies or is certified by a physician to be totally and permanently disabled, the land may be released from the program under this chapter and shall not be subject to a lien payment under s. 91.19 (8) (7m).

SB40, s. 2564 Section 2564. 91.17 (3) of the statutes is repealed.

SB40, s. 2565 Section 2565. 91.19 (2) (intro.) of the statutes is amended to read:

SB40,1219,25 91.19 (2) (intro.) The Subject to sub. (7m), the department may relinquish the farmland preservation agreement or may release part of the land from a farmland preservation agreement prior to the termination date contained in the instrument as follows:

SB40, s. 2566 Section 2566. 91.19 (3) of the statutes is amended to read:

SB40,1220,11 91.19 (3) If the request for relinquishment of the farmland preservation agreement or release of part of the land from the agreement is approved by the local governing body having jurisdiction, a copy of the application, along with the comments and recommendations of the reviewing agencies, shall be forwarded to the board department. The board department shall, within 60 days, upon consideration of the factors in sub. (2) (b) and (c) 2., approve or reject the application for relinquishment or release. If the board department approves the application it shall notify the local governing body having jurisdiction and the department of revenue, prepare an instrument under sub. (7) and record it with the register of deeds of the county in which the land is located.

SB40, s. 2567 Section 2567. 91.19 (5) of the statutes is amended to read:

SB40,1220,23 91.19 (5) If the application for relinquishment of the agreement or release of part of the land from the agreement is rejected by the local governing body having jurisdiction, the application shall be returned to the applicant with a written statement regarding the reasons for rejection. Within 30 days after receipt of the rejected application, the applicant may appeal the rejection to the board department. The board department shall, within 60 days after the appeal has been received, upon consideration of the factors listed in sub. (2) (b) and (c) 2., approve or reject the request for relinquishment or release. If the board department approves the application it shall notify the local governing body having jurisdiction and the department of revenue, prepare an instrument under sub. (7) and record it with the register of deeds of the county in which the land is located.

SB40, s. 2568 Section 2568. 91.19 (6p) of the statutes is repealed.

SB40, s. 2569 Section 2569. 91.19 (6s) (a) 1. of the statutes is amended to read:

SB40,1221,3 91.19 (6s) (a) 1. An application for release of the land, made by either the owner or the local unit of government, is approved by the local governing body having jurisdiction and the board department under the procedures of subs. (2) to (5).

SB40, s. 2570 Section 2570. 91.19 (6s) (b) of the statutes is amended to read:

SB40,1221,8 91.19 (6s) (b) If an owner of land subject to a farmland preservation agreement opposes an application brought by a local unit of government for release of that land, the owner may appeal the approval of that application by the local governing body having jurisdiction to the board department according to the procedures in par. (c).

SB40, s. 2571 Section 2571. 91.19 (6s) (c) of the statutes is amended to read:

SB40,1221,18 91.19 (6s) (c) If the application for release of any land from the agreement is approved by the local governing body having jurisdiction, the application shall be returned to the applicant, and a copy of the application to the owner, with a written statement regarding the reasons for approval. Within 30 days after receipt of a copy of the approved application, the owner may appeal the approval to the board department. The board department shall, within 60 days after the appeal has been received, upon consideration of the factors listed in sub. (2) (b) and (c) 2., approve or reject the request to disapprove the release. If the board department approves the owner's appeal it shall notify the local governing body having jurisdiction.

SB40, s. 2572 Section 2572. 91.19 (6s) (d) of the statutes is amended to read:

SB40,1221,21 91.19 (6s) (d) The board department may waive its approval authority under this subsection for applications affecting less than 5 acres of land.

SB40, s. 2573 Section 2573. 91.19 (6t) of the statutes is amended to read:

SB40,1221,25 91.19 (6t) The Subject to sub. (7m), the department shall relinquish from a farmland preservation agreement land that has been subject to a farmland preservation agreement for at least 10 years if the owner of the land so requests.

SB40, s. 2574 Section 2574. 91.19 (7) of the statutes is repealed.

SB40, s. 2575 Section 2575. 91.19 (7m) of the statutes is created to read:

SB40,1222,7 91.19 (7m) (a) Except as provided in par. (b), the department may not relinquish a farmland preservation agreement under sub. (3), (5), or (6t) or release land from a farmland preservation agreement under sub. (3) or (5) until the owner pays to the department $100 per acre of land that is no longer covered by the farmland preservation agreement.

SB40,1222,9 (b) The payment under par. (a) does not apply to land that is zoned exclusively for agricultural use under an ordinance certified under subch. V.

SB40, s. 2576 Section 2576. 91.19 (8) to (13) of the statutes are repealed.

SB40, s. 2577 Section 2577. 91.21 (1) of the statutes is amended to read:

SB40,1222,19 91.21 (1) If the owner or a successor in title of the land upon which a farmland preservation agreement has been recorded under this chapter changes the use of the land to a prohibited use without first acting under ss. 91.17 and 91.19 and the land is not relinquished under s. 91.19 (6p) or (6t), the owner or successor in title may be enjoined by the state, acting through the attorney general, or by the local governing body having jurisdiction, acting through its attorney, and is subject to a civil penalty for actual damages, but in no case to exceed double the value of the land as established at the time the application for the agreement was approved.

SB40, s. 2578 Section 2578. 91.23 of the statutes is amended to read:

SB40,1222,25 91.23 Conversion. An owner under a farmland preservation agreement may at any time apply for a transition area agreement, and an owner under a transition area agreement may at any time apply for a farmland preservation agreement. If such an application is approved, the prior agreement shall be relinquished without a lien being filed payment being made under s. 91.19 (7m).

SB40, s. 2579 Section 2579. Subchapter III of chapter 91 [precedes 91.31] of the statutes is repealed.

SB40, s. 2580 Section 2580. 91.59 (title) of the statutes is amended to read:

SB40,1223,4 91.59 (title) Coordination; public comment.

SB40, s. 2581 Section 2581. 91.59 (2m) of the statutes is created to read:

SB40,1223,8 91.59 (2m) A county shall make a proposed agricultural preservation plan or revision to a plan available to the public for at least 30 days before the public hearing under s. 59.69 (3) (d) and shall accept comments from the public during that time.

SB40, s. 2582 Section 2582. 91.61 of the statutes is renumbered 91.61 (1) and amended to read:

SB40,1223,14 91.61 (1) Upon Before the effective date of this subsection .... [revisor inserts date], upon completion of a county agricultural preservation plans plan described in this subchapter, copies of the plan may be submitted to the board for review and certification under s. 91.06.

SB40, s. 2583 Section 2583. 91.61 (2) of the statutes is created to read:

SB40,1223,19 91.61 (2) Beginning on the effective date of this subsection .... [revisor inserts date], to apply for certification under s. 91.06 for a county agricultural preservation plan or a revision to the plan, a county shall submit all of the following to the department:

SB40,1223,20 (a) A copy of the plan or revision to the plan.

SB40,1223,22 (b) A description of how the plan or revision to the plan complies with ss. 91.51 to 91.59.

SB40,1223,23 (c) Other relevant information required by the department by rule.

SB40,1223,25 (d) A statement signed by the county corporation counsel certifying that the plan or revision to the plan complies with ss. 91.51 to 91.59.

SB40, s. 2584 Section 2584. 91.75 (6) of the statutes is amended to read:

SB40,1224,7 91.75 (6) For purposes of farm consolidation and if permitted by local regulation, farm residences or structures which that existed prior to the adoption of the ordinance may be separated from a larger farm parcel. Farm residences or structures with up to 5 acres of land which that are separated from a larger farm parcel under this section are not subject to the lien under s. 91.19 (8) to (10), as payment required in s. 91.77 (2) or 91.79.

SB40, s. 2585 Section 2585. 91.77 (2) of the statutes is amended to read:

SB40,1224,19 91.77 (2) Land which is rezoned Except as otherwise provided in this subsection, rezoning under this section shall be subject to the lien provided under s. 91.19 (8) to (10) for the amount of tax credits paid on the land rezoned may not be completed until the landowner makes a payment of $100 per acre of land that is rezoned to the county, city, village, or town that approves the petition. If the rezoning occurs solely as a result of action initiated by a governmental unit , any lien required under s. 91.19 (8) to (10) other than the county, city, village, or town that approves the petition, the payment shall be paid made by the governmental unit initiating the action. If the rezoning occurs solely as a result of action initiated by the county, city, village, or town that approves the petition, that county, city, village, or town shall make the payment to the department.

SB40, s. 2586 Section 2586. 91.78 of the statutes is renumbered 91.78 (1) and amended to read:

SB40,1224,24 91.78 (1) Copies Before the effective date of this subsection .... [revisor inserts date], copies of exclusive agricultural zoning ordinances may be submitted to the board for review and certification under s. 91.06.

SB40, s. 2587 Section 2587. 91.78 (2) of the statutes is created to read:

SB40,1225,4 91.78 (2) Beginning on the effective date of this subsection .... [revisor inserts date], to apply for certification under s. 91.06 for an exclusive agricultural use zoning ordinance or a revision to the ordinance, a county, city, village, or town shall submit all of the following to the department:

SB40,1225,5 (a) A copy of the ordinance or revision to the ordinance.

SB40,1225,7 (b) A description of how the ordinance or revision to the ordinance complies with ss. 91.75 and 91.77.

SB40,1225,8 (c) Other relevant information required by the department by rule.

SB40,1225,11 (d) A statement signed by the chief elected official, as defined in s. 229.821 (3), of, or the attorney for, the county, city, village, or town certifying that the ordinance or revision to the ordinance complies with ss. 91.75 and 91.77.

SB40, s. 2588 Section 2588. 91.79 of the statutes is amended to read:

SB40,1225,19 91.79 Conditional uses; lien payment. Any land zoned under this subchapter which is granted A county, city, village, or town may not grant a special exception or conditional use permit for a use which is not an agricultural use shall be subject to the lien provided under s. 91.19 (8) to (10) for the amount of tax credits paid on the land granted such a permit for land zoned under this subchapter until the landowner pays to the county, city, village, or town $100 per acre of land for which the special exception or conditional use permit is granted.

SB40, s. 2589 Section 2589. 93.06 (1q) of the statutes is amended to read:

SB40,1225,23 93.06 (1q) Marketing Agricultural development services. Provide marketing agricultural development services upon request and charge a fee for those services, but the fee may not exceed the department's cost of providing those services.

SB40, s. 2590 Section 2590. 93.135 (1m) (a) of the statutes is amended to read:

SB40,1226,8 93.135 (1m) (a) If an individual who applies for the issuance or renewal of a license, registration, registration certificate or certification specified in sub. (1) does not have a social security number, the department shall require the applicant, as a condition of issuing or renewing the license, registration, registration certificate or certification, to submit a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The statement shall be in the form prescribed by the department of workforce development children and families.

SB40, s. 2591 Section 2591. 93.135 (2) of the statutes is amended to read:

SB40,1226,13 93.135 (2) The department of agriculture, trade and consumer protection may not disclose any information received under sub. (1) to any person except to the department of workforce development children and families in accordance with a memorandum of understanding under s. 49.857.

SB40, s. 2592 Section 2592. 93.135 (3) of the statutes is amended to read:

SB40,1226,24 93.135 (3) The department shall deny an application for the issuance or renewal of a license, registration, registration certificate or certification specified in sub. (1) or shall suspend or restrict a license, registration, registration certificate or certification specified in sub. (1) for failure to make court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or a former spouse or failure to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and relating to paternity or child support proceedings, as required in a memorandum of understanding under s. 49.857.

SB40, s. 2593 Section 2593. 93.43 of the statutes is created to read:

SB40,1227,4 93.43 Anaerobic digester research and development. The department shall provide funding for research and development of anaerobic digesters at farms participating in the discovery farms program of the Wisconsin Agricultural Stewardship Initiative, Inc.

SB40, s. 2594 Section 2594. 93.46 (3) of the statutes is repealed.

SB40, s. 2595 Section 2595. 93.75 of the statutes is repealed.

SB40, s. 2596 Section 2596. 94.695 of the statutes is repealed.

SB40, s. 2597 Section 2597. 94.73 (2) (c) of the statutes is amended to read:

SB40,1227,19 94.73 (2) (c) The department may issue an order under par. (a) on a summary basis without prior notice or a prior hearing if the department determines that a summary order is necessary to prevent imminent harm to public health or safety or to the environment. If the recipient of a summary order requests a hearing on that order, the department shall hold a hearing within 10 days after it receives the request unless the recipient agrees to a later hearing date. The department is not required to stay enforcement of a summary order issued under this paragraph pending the outcome of the hearing. If the responsible person prevails after a hearing, the department shall reimburse the responsible person from the appropriation under s. 20.115 (7) (e) or (wm) for the corrective action costs incurred as the result of the department's order.

SB40, s. 2598 Section 2598. 94.73 (7) (a) of the statutes is amended to read:

SB40,1228,4 94.73 (7) (a) The department may make payments to a responsible person who is eligible for reimbursement under sub. (3) if the department has authorized reimbursement to that person under sub. (6). The department shall make payment from the appropriation accounts account under s. 20.115 (7) (e) and (wm), subject to the availability of funds in those that appropriation accounts account. If there are insufficient funds to pay the full amounts authorized under sub. (6) to all eligible responsible persons, the department shall distribute payments in the order in which applications were received, unless the department specifies, by rule, a different order of payment.

SB40, s. 2599 Section 2599. 94.74 of the statutes is created to read:

SB40,1228,7 94.74 Prevention of pollution from agricultural chemicals. (1) In this section, "agricultural chemical" has the meaning given in s. 94.73 (1) (a).

SB40,1228,13 (2) The department may provide financial assistance to a business to pay a portion of the costs of capital improvements designed to prevent pollution from agricultural chemicals. Under this section, the department may not provide funding for capital improvements at any site in an amount that exceeds $500,000 less any amount received under s. 94.73 for the site. The department may not expend more than $250,000 per fiscal year under this section.

SB40, s. 2600 Section 2600. 94.77 of the statutes is renumbered 94.77 (1) and amended to read:

SB40,1228,21 94.77 (1) Any person who violates any provision of this chapter for which a specific penalty is not prescribed shall, or an order issued or rule promulgated under such a provision, may be fined not to exceed $200 more than $1,000 for the first offense and may be fined not less than $500 nor more than $5,000 or imprisoned in the county jail not to exceed not more than 6 months or both for each subsequent offense.

SB40, s. 2601 Section 2601. 94.77 (2) of the statutes is created to read:

SB40,1229,3 94.77 (2) In lieu of the criminal penalty under sub. (1), a person who violates any provision of this chapter for which a specific penalty is not prescribed, or an order issued or rule promulgated under such a provision, may be required to forfeit not less than $200 nor more than $5,000 or, for an offense committed within 5 years of an offense for which a penalty has been assessed under this section, may be required to forfeit not less than $400 nor more than $10,000.

SB40, s. 2602 Section 2602. 94.77 (3) of the statutes is created to read:

SB40,1229,6 94.77 (3) The department may seek an injunction restraining any person from violating this chapter or a rule promulgated under this chapter.