93.42(1)(b)
(b) Organizing and participating in trade shows and trade missions to foreign markets.
93.42(1)(c)
(c) Coordinating federal, regional, state and local marketing information which may lead to export opportunities for the state's products.
93.42(1)(d)
(d) Assisting persons considering direct investments, joint ventures, licensing or other business arrangements for the production of agribusiness products in this state.
93.42(1)(e)
(e) Cooperating with the department of commerce in promoting the state's products through the state's foreign trade offices.
93.42(3)
(3) No later than the first day of the 7th month beginning after July 29, 1995, the department and the department of commerce shall enter into a memorandum of understanding that includes a strategic plan for international agribusiness marketing and development and that specifies how the departments will coordinate their promotional efforts relating to agricultural and agribusiness products.
93.44
93.44
Commodity promotion. 93.44(1)(1) The department shall initiate projects to promote commodities produced in this state.
93.44(2)
(2) The department shall allow all products and commodities produced or manufactured in this state that meet the standards established by the department to be included in the department's promotional campaign that uses the phrase "Something Special from Wisconsin", which phrase is a certified mark that is registered under federal law. The department may establish standards to be used to prohibit or limit the use of the certified mark to preserve its marketing value and significance. The standards may prohibit or limit the use of the certified mark based upon the grade or quality of a product or commodity and the standards may prohibit the use of the certified mark by a product or commodity which imitates a product or commodity for which there is a standard of identity established under state or federal law.
93.44(3)
(3) The department shall develop at least one slogan or logo, or both, for the promotion of Wisconsin agricultural products for display on signs placed by the department of transportation under
s. 86.19 (1m).
93.44(4)
(4) The department by rule may establish a fee for the use of the mark and any slogan or logo under this section. The fees shall be credited to the appropriation under
s. 20.115 (3) (L).
93.46
93.46
Agricultural diversification. 93.46(1)
(1) The department shall establish an agricultural diversification program and shall do all of the following:
93.46(1)(a)
(a) Conduct market research and develop long-range plans to determine potential for the production and marketing of agricultural crops and livestock.
93.46(1)(am)
(am) Jointly with the department of commerce, conduct research and develop long-range plans to promote and establish deer farms.
93.46(1)(b)
(b) Provide assistance to individuals and organizations on marketing strategies, agricultural product processing and other matters related to agricultural diversification.
93.46(1)(c)
(c) Coordinate the agricultural diversification program with technical assistance programs of other agencies.
93.46(1)(d)
(d) Promote and assist the development and use of industrial and commercial products from agricultural commodities and forestry products, including alternative fuels produced from agricultural source stocks.
93.46(1m)(a)(a) The department shall promote the development and growth of commercial aquaculture in this state by doing all of the following:
93.46(1m)(a)1.
1. Providing advice, service and training to persons who are interested in the commercial aquaculture industry.
93.46(1m)(a)2.
2. Coordinating the aquaculture activities of the department with the aquaculture activities of the department of natural resources and the university of Wisconsin system.
93.46(1m)(a)3.
3. Conducting meetings on a quarterly basis between representatives of the department, the department of natural resources and the university of Wisconsin system to exchange information regarding the progress of their efforts to promote commercial aquaculture in this state.
93.46(1m)(b)
(b) The department of natural resources shall assist persons in obtaining any license or approval required by any state or federal agency to conduct a commercial aquaculture operation.
93.46(1m)(c)
(c) The university of Wisconsin system shall, in cooperation with the commercial aquaculture industry, conduct applied and on-site research, outreach activities and on-site demonstrations relating to commercial aquaculture in this state.
93.46(2)(a)(a) The department shall make agricultural research and development grants. The department may provide grants to fund demonstration projects, feasibility analyses and applied research directed toward new or alternative technologies and practices that will stimulate agricultural development and economic activity.
93.46(2)(b)
(b) The department may not award a grant under this subsection unless the grant is for a project conducted in this state that has at least one of the following purposes:
93.46(2)(b)2.
2. New capital investment and expansion in the agricultural industry.
93.46(2)(b)3.
3. Agricultural product market development and expansion.
93.46(2)(b)4.
4. Diversification and expansion of the production, processing and distribution of agricultural products.
93.46(2)(b)5.
5. Commercial application of new technologies or practices related to agricultural products.
93.46(2)(b)7.
7. Improvement of the competitive position of this state's agricultural industry.
93.46(2)(b)8.
8. Efficient use of farmland and other agricultural resources.
93.46(2)(c)
(c) The department may not fund any project under this subsection if the proposed length of the project exceeds 3 years. The total funding to a single project under this subsection may not exceed $50,000.
93.46(2)(d)
(d) During the 1993-95 fiscal biennium, the department shall award grants from the appropriation under
s. 20.115 (4) (c) to support applied research and development projects related to commercial aquaculture development. The moneys provided under this paragraph may be granted to any collaborative public or private sector project. A grant under this paragraph may not exceed 50% of the cost of the project.
93.47
93.47
Sustainable agriculture grant program. 93.47(1)
(1) In this section, "sustainable agriculture" means an agricultural method, practice or system that attempts to use and maintain renewable local physical, biological, social and other resources and minimize the need for energy inputs and other purchased, nonrenewable inputs.
93.47(2)
(2) The department may award grants to individuals or organizations to fund demonstration projects designed to encourage the use of sustainable agriculture. The department shall promulgate rules to govern the sustainable agriculture grant program under this section.
93.47(3)
(3) This section does not apply after June 30, 1996, unless the senate and assembly standing committees with jurisdiction over agricultural matters, as determined by the speaker of the assembly and the president of the senate, have approved the funding report of the department under
1995 Wisconsin Act 27, section 9104 (4g).
93.47 History
History: 1993 a. 16;
1995 a. 27.
93.48
93.48
Farms for the future; deposit of funds. The department shall accept and deposit in the farms for the future fund under
s. 25.44 all gifts, grants and bequests to the fund, all moneys received from counties, cities, villages and towns for the fund and all moneys provided for the fund by the federal government under
P.L. 101-624, sections 1465 to 1470.
93.48 History
History: 1991 a. 38.
93.50
93.50
Farm mediation and arbitration program. 93.50(1)(1)
Definitions. In this section:
93.50(1)(a)
(a) "Action" means a court action involving a dispute described in
sub. (3) (am) 2. to
6. in which at least one party is a farmer or a court action by a creditor against a farmer for payment of a debt; to enforce or foreclose a security interest, lien or mortgage; or to repossess or declare a creditor's interest in real property. "Action" includes garnishment, replevin, execution of judgment, involuntary receivership and supplementary creditor's proceedings.
93.50(1)(am)
(am) "Agricultural property" means real property that is used principally for farming, real property that is a farmer's principal residence and any land contiguous to the residence, personal property that is used as security to finance farming or personal property that is used for farming.
93.50(1)(b)
(b) "Board" means the farm mediation and arbitration board.
93.50(1)(c)
(c) "Creditor" means any person who has a claim against agricultural property or against a farmer affecting the farmer's agricultural property, whether the claim is matured or unmatured, liquidated or unliquidated, secured or unsecured, fixed or contingent. "Creditor" includes the county treasurer of a county in which agricultural property is located if property taxes, special assessments that have been settled in full by the county under
s. 74.29, special charges or special taxes levied or assessed against the agricultural property are subject to a tax certificate issued under
s. 74.57.
93.50(1)(d)
(d) "Farmer" means a farmer, as defined in
s. 102.04 (3), who owns or leases a total of 60 acres or more of land that is agricultural property and whose gross sales of farm products for the preceding year equaled $20,000 or more.
93.50(1)(f)
(f) "Livestock feeding contract" means an agreement between a farmer and another person under which one party cares for and feeds livestock owned by the other party.
93.50(2)
(2) Board, mediators and arbitrators. 93.50(2)(a)(a)
Selection of mediators. The board shall select mediators who are residents of this state, who have the character and ability to serve as mediators and who have knowledge of financial or agricultural matters or of mediation processes. The board shall ensure that each mediator receives sufficient training in mediation processes, resolving conflicts, farm finance and management and the farm credit system and practices to enable the mediator to perform his or her functions under this section.
93.50(2)(am)
(am)
Selection of arbitrators. The board shall select arbitrators who are residents of this state, who have the character and ability to serve as arbitrators and who have knowledge of financial or agricultural matters or of arbitration processes. The board shall ensure that each arbitrator receives sufficient training in arbitration processes, resolving conflicts, farm finance and management and the farm credit system and practices to enable the arbitrator to perform his or her functions under this section.
93.50(2)(b)
(b)
Compensation of mediators and arbitrators. Mediators and arbitrators shall be compensated for travel and other necessary expenses in amounts approved by the board.
93.50(2)(c)
(c)
Immunity of mediators and arbitrators. Mediators and arbitrators are immune from civil liability for any act or omission within the scope of their performance of their powers and duties under this section.
93.50(2)(d)
(d)
Forms and publicity. The board shall prepare all forms necessary for the administration of this section and shall ensure that forms are disseminated and that the availability of mediation and arbitration under this section is publicized.
93.50(2)(e)
(e)
Exclusion from open records law. All mediators and arbitrators shall keep confidential all information and records obtained in conducting mediation and arbitration. The board shall keep confidential all information and records that may serve to identify any party to mediation and arbitration under this section. Any information required to be kept confidential under this paragraph may be disclosed if the board and the parties agree to disclosure.
93.50(2)(f)
(f)
Rule making. The board may promulgate rules necessary to implement this section. The board may promulgate rules defining owners and creditors of agriculturally related businesses and permitting owners and creditors of such businesses to participate in mediation and arbitration subject to the same terms and conditions applicable to farmers and creditors under this section. The board may promulgate a rule under
sub. (3) (am) 6. specifying a kind of dispute as eligible for mediation only with the approval of the department.
93.50(2m)
(2m) Suspension of court action to allow for voluntary mediation or arbitration. 93.50(2m)(a)(a) During the pendency of any action, the court may, upon the written stipulation of all parties to the action that they wish to engage in mediation or arbitration under this section, enter an order suspending the action.
93.50(2m)(b)
(b) A suspension order under
par. (a) suspends all orders and proceedings for the time period specified in the suspension order. In specifying the time period, the court shall exercise its discretion for the purpose of permitting the parties to engage in mediation or arbitration without prejudice to the rights of any person. The suspension order may include such other terms and conditions as the court may deem appropriate. The suspension order may be revoked upon motion of any person or upon motion of the court.
93.50(2m)(c)
(c) If all parties to the action agree, by written stipulation, that all issues before the court are resolved by mediation or arbitration under this section, the court shall dismiss the action.
93.50(2m)(d)
(d) If the parties do not agree under
par. (c) or if the court revokes the suspension order under
par. (b), the action shall proceed as if no mediation or arbitration had been attempted.
93.50(3)(a)(a)
Participation in mediation. A farmer or a person having a dispute with a farmer who wishes to resolve a dispute between them, either before an action has been initiated to which they are parties or after entry of a suspension order in an action to which they are parties under
sub. (2m), may participate in mediation under this section in accordance with this subsection if the dispute is of a kind specified in
par. (am).
93.50(3)(am)
(am)
Disputes that may be mediated. The following kinds of disputes may be mediated under this section:
93.50(3)(am)1.
1. A dispute between a farmer and a creditor involving the farmer's agricultural property and the creditor's claim affecting the agricultural property.
93.50(3)(am)4.
4. A dispute in which one party alleges that an action by, or condition of the property of, the other party is a nuisance.
93.50(3)(am)5.
5. A dispute involving air, water or soil contamination or other environmental issues.
93.50(3)(am)6.
6. A kind of dispute specified as eligible for mediation by the board by rule.
93.50(3)(am)7.
7. A dispute that is not specified under
subds. 1. to
6. if all of the parties to the dispute request mediation of the dispute.
93.50(3)(b)
(b)
Request for mediation; agreement to mediate. To participate in mediation, the farmer or other party to a dispute described in
par. (am) shall submit a request for mediation to the board on forms prepared by the board. The board may not proceed under this section until the farmer and the other party have submitted an agreement to mediate.
93.50(3)(e)
(e)
Selection of mediator. If the board has obtained the agreement under
par. (b), the farmer and the other party may request the board to provide the names, mailing addresses and qualifications of up to 3 mediators located in the geographical area in which the agricultural property or farmer is located. The parties shall select a mediator or, upon request of the parties, the board shall designate a mediator for the parties.
93.50(3)(f)
(f)
Mediation. The function of the mediator is to encourage a voluntary settlement among the parties. The mediator may not compel a settlement. The mediator shall schedule meetings of the parties, direct the parties to prepare for the meetings, attempt to achieve a mediated resolution to the issues among the parties and, if the parties request, assist the parties in preparing a written agreement.
93.50(3)(g)
(g)
Effect of mediation. The parties may at any time withdraw from mediation. The parties have full responsibility for reaching and enforcing any agreement among them. A mediation agreement may include an agreement for the payment of property taxes, special assessments that have been settled in full by the county under
s. 74.29, special charges or special taxes assessed against agricultural property that are subject to a tax certificate issued under
s. 74.57 in installments, as long as the agreement is not inconsistent with county board policy. After the expiration of the time period specified in the suspension order under
sub. (2m), the parties may no longer participate in the mediation process regarding the same subject matter under this section unless the parties and the mediator agree to continue the mediation.
93.50(4)(a)(a)
Disputes for arbitration. A party to a procurement contract that contains an agreement to submit contract disputes to arbitration wishing to resolve a dispute over the procurement contract or a farmer or creditor wishing to resolve a dispute between them involving the farmer's agricultural property and the creditor's interest in a mortgage, land contract, lien, security interest or judgment affecting the agricultural property, either before an action has been initiated to which they are parties or after entry of a suspension order in an action to which they are parties under
sub. (2m), may participate in arbitration under this section in accordance with this subsection and subject to
ch. 788.
93.50(4)(b)
(b)
Request for arbitration; agreement to arbitrate. To participate in arbitration, the farmer and other party under
par. (a) shall submit a request for arbitration to the board on a form prepared by the board. After receipt of the request, if the parties wish to proceed to arbitration under this subsection, the board shall require the parties to enter into an agreement to binding arbitration on a form prepared by the board.
93.50(4)(e)
(e)
Selection of arbitrator. After the board has obtained the agreement under
par. (b), the farmer and the other party may request the board to provide the names, mailing addresses and qualifications of up to 3 arbitrators located in the geographical area in which the agricultural property or farmer is located. The parties shall select an arbitrator or, upon request of the parties, the board shall designate an arbitrator for the parties.
93.50(5)
(5) Other creditors; no delay. With respect to mediation or arbitration between parties before an action has been initiated to which they are parties, no agreement to mediate or to arbitrate, or the fact that mediation or arbitration is currently occurring, may have the effect of delaying, postponing or extending any time limits in any legal proceeding commenced to enforce a mortgage, land contract, lien, security interest or judgment commenced by a creditor other than the creditor or creditors participating in the mediation or arbitration.
