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.
93.51
93.51
Farmer assistance. The department may provide consultation and assistance to distressed farmers, which may include but is not limited to providing employment and retraining counseling for farmers needing employment other than farming, operating a program in which volunteers advise farmers about financial matters and other concerns and operating a crisis hotline for farmers. In addition, the department may make grants to low-income farmers for the purpose of paying all or part of the tuition for a farmer who enrolls in a course on farm and business management techniques offered by a technical college.
93.55
93.55
Chemical and container collection grants. 93.55(1)(1)
Definitions. In this section:
93.55(1)(a)
(a) "Chemical" means a chemical, including a pesticide, that is used for agricultural purposes.
93.55(2)
(2) Collection grants. The department may award a grant to a county for a chemical and container collection program. A grant under this subsection shall fund all or a part of the cost of a program. Costs eligible for funding include the cost of establishing a collection site for chemicals and chemical containers, the cost of transporting chemical containers to a dealer or distributor for refill and reuse or to a hazardous waste facility, as defined in
s. 291.01 (8), and costs associated with the proper use and handling and disposal or recycling of chemicals and chemical containers. Grants shall be paid from the appropriation under
s. 20.115 (7) (v).
93.55(2m)
(2m) Farmer liability. To the extent permitted under federal regulations, a county establishing a chemical and container collection program under
sub. (2), in cooperation with the department, shall ensure that a farmer, as defined in
s. 102.04 (3), who participates in the program is not liable for chemicals or chemical containers collected under the program after the farmer relinquishes control over the chemicals or chemical containers.
93.60
93.60
Computer system equipment, staff and services transfers. The department may transfer to the appropriation account under
s. 20.115 (8) (k) in each fiscal year an amount from the appropriation accounts under
s. 20.115 (1) (g),
(gb),
(gh),
(gm),
(hm),
(j),
(jm),
(m),
(r) and
(s),
(2) (g),
(ha),
(j),
(k) and
(m),
(3) (g),
(h),
(i),
(ja),
(L) and
(m),
(7) (g),
(ga),
(gm),
(k) and
(m) and
(8) (ga),
(gm),
(h),
(ha),
(i),
(j),
(kp),
(ks),
(m) and
(pz) and
(9) (m). The total amount that the department transfers in each fiscal year from these appropriation accounts to the appropriation account under
s. 20.115 (8) (k) may not exceed the amount specified in the schedule under
s. 20.115 (8) (k) for each fiscal year. The amounts transferred from each appropriation account shall be based on the actual costs incurred by the department for computer system equipment, staff and services provided for the purpose of that appropriation account.
