93.50(4) (4)Arbitration process.
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 department on a form prepared by the department. After receipt of the request, if the parties wish to proceed to arbitration under this subsection, the department shall require the parties to enter into an agreement to binding arbitration on a form prepared by the department.
93.50(4)(e) (e) Selection of arbitrator. After the department has obtained the agreement under par. (b), the farmer and the other party may request the department 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 department 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.
93.50 History History: 1989 a. 31; 1991 a. 39; 1993 a. 249, 250; 1997 a. 27, 252, 264.
93.51 93.51 Farmer assistance.
93.51(1)(1)Definitions. In this section:
93.51(1)(a) (a) "Farmer" has the meaning given in s. 93.50 (1) (d).
93.51(1)(b) (b) "Farming" has the meaning given in s. 102.04 (3).
93.51(2) (2)Assistance program.
93.51(2)(a)(a) 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 or counsel farmers about financial matters and other concerns and operating a crisis hotline for farmers.
93.51(2)(b) (b) 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.
93.51(2)(c) (c) The department may promulgate rules necessary to implement this section.
93.51(3) (3)Advisors.
93.51(3)(a)(a) The department may select volunteers to provide advice and counseling services to distressed farmers. Advisors shall have expertise and experience in relevant areas of knowledge.
93.51(3)(b) (b) The department shall provide any necessary training to advisors.
93.51(3)(c) (c) Advisors shall be compensated for travel and other necessary expenses in amounts approved by the department.
93.51(3)(d) (d) Advisors and the department shall keep confidential all information obtained in the process of providing advice or counseling. Any such information contained in a record is not subject to the right of public inspection and copying under s. 19.35 (1). This paragraph does not apply to information relating to possible criminal misconduct.
93.51 History History: 1989 a. 31; 1991 a. 39; 1993 a. 399; 1997 a. 264.
93.52 93.52 Dairy farmer exit-entry program. The department shall administer a program to assist in the transfer of farm operations from persons exiting the dairy industry to persons wishing to enter the industry, including assistance in negotiating the financial and legal aspects of farm transfers. The department shall keep confidential information obtained under the program. Any such information contained in a record is not subject to the right of public inspection and copying under s. 19.35 (1).
93.52 History History: 1997 a. 264.
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(1)(b) (b) "Pesticide" has the meaning given in s. 94.67 (25).
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.
93.55 History History: 1989 a. 335; 1991 a. 39; 1995 a. 227.
93.70 93.70 Conservation reserve enhancement program. The department may expend funds from the appropriation account under s. 20.866 (2) (wf) to improve water quality, erosion control and wildlife habitat through participation by this state in the conservation reserve enhancement program as approved by the secretary of the federal department of agriculture under 16 USC 3834 (f) (4).
93.70 History History: 1999 a. 9.
93.75 93.75 Payments to ethanol producers.
93.75(1) (1)Eligibility. Beginning on July 1, 2001, the department shall administer a program under which the department makes payments to a person who produces ethanol and who satisfies all of the following criteria:
93.75(1)(a) (a) The person produces in this state, within 12 months, over 10,000,000 gallons of ethanol or, during the first 12 months that the person produces ethanol in this state, a lesser amount of ethanol that is established by the department by rule.
93.75(1)(b) (b) The person has been producing ethanol in this state for fewer than 60 months.
93.75(1)(c) (c) The person purchases the substances from which the person produces ethanol from a local source, as defined by the department by rule.
93.75(2) (2)Payments. The department shall pay a person who is eligible under sub. (1) at the rate of 20 cents per gallon for not more than 15,000,000 gallons of ethanol produced in this state within 12 months, except that if there are insufficient funds to make payments at this rate to all eligible persons the department shall prorate the payments.
93.75(3) (3)Rules. The department shall promulgate rules for the program under this section. The department shall include all of the following in the rules:
93.75(3)(a) (a) The amount of ethanol that a person must produce within the first 12 months that the person produces ethanol in this state to be eligible for payments under this section.
93.75(3)(b) (b) A definition of "local source" for the purposes of sub. (1) (c).
93.75(3)(c) (c) A method for prorating payments under sub. (2).
93.75(3m) (3m)Monitoring.
93.75(3m)(a)(a) The department of transportation shall monitor the impact of ethanol sales in this state on the amount of federal moneys received by this state for highways and other surface transportation purposes, excluding federal moneys received for railroads.
93.75(3m)(b) (b) If the department of transportation determines, on or before December 31, 2003, that the amount of federal moneys received by this state for highways and other surface transportation purposes, excluding federal moneys received for railroads, is decreased due to ethanol sales in this state, the department of transportation shall notify the department of agriculture, trade and consumer protection of that determination not sooner than October 1, 2003, and not later than December 31, 2003.
93.75(3m)(c) (c) If the department of transportation determines, after December 31, 2003, and before January 1, 2005, that the amount of federal moneys received by this state for highways and other surface transportation purposes, excluding federal moneys received for railroads, is decreased due to ethanol sales in this state, the department of transportation shall notify the department of agriculture, trade and consumer protection of that determination not sooner than October 1, 2004, and not later than December 31, 2004.
93.75(3m)(d) (d) If the department of transportation determines, after December 31, 2004, and before January 1, 2006, that the amount of federal moneys received by this state for highways and other surface transportation purposes, excluding federal moneys received for railroads, is decreased due to ethanol sales in this state, the department of transportation shall notify the department of agriculture, trade and consumer protection of that determination not sooner than October 1, 2005, and not later than December 31, 2005.
93.75(4) (4)Sunset. The department may not make a payment under this section after June 30, 2006, or the first day of the 6th month beginning after the department receives a notice under sub. (3m), whichever is sooner.
93.75 History History: 1999 a. 55.
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This is an archival version of the Wis. Stats. database for 1999. See Are the Statutes on this Website Official?