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Current WAC Legislative Activity

The following is a Wisconsin Legislation of interest to our members.

2011/2012 ASSEMBLY BILLS

Bill Description Status
AB 34 This bill eliminates the requirement that a person who requests that land be rezoned out of a farmland preservation zoning district pay a conversion fee and also eliminates the program for purchasing agricultural conservation easements. Read first time and referred to committee on Urban and Local Affairs
AB 46 Current law provides for the World Dairy Center Authority. The duties of the World Dairy Center Authority include establishing a center for the development of dairying in the United States and the world. This bill eliminates the World Dairy Center Authority. Placed on calendar 10-18-2011 by committee on Rules
AB 59 Under current law, at least once every six months the board of directors of a cooperative wholesaler must meet in person with DOR and the University of Wisconsin Center for Cooperatives (CFC).

Current law specifies various requirements related to these meetings, including that publicly available reports be prepared by DOR and the CFC as a result of these meetings.

This bill eliminates this meeting and report requirement.
Read first time and referred to committee on Financial Institutions and Rural Issues.
AB 165 Current law generally prohibits a person from applying fertilizer containing phosphorus to grass, except under specified circumstances. The law also prohibits a retailer from displaying grass fertilizer that contains phosphorus. A retailer may post a sign stating that grass fertilizer containing phosphorus is available upon request for use in the circumstances allowed under the law.

This bill eliminates the prohibition on the retail display of grass fertilizer that contains phosphorus. The bill requires a retailer that sells grass fertilizer that contains phosphorus to post a sign describing the general prohibition against applying fertilizer that contains phosphorus to grass and the exceptions to the prohibition.
Placed on calendar 10-18-2011 by committee on Rules.
AB 186 Under current law, the maximum amount of dairy manufacturing facility investment credits that may be claimed by all taxpayers, other than members of dairy cooperatives, in a fiscal year is $700,000 and the maximum amount of dairy
manufacturing facility investment credits that may be claimed by members of dairy cooperatives in a fiscal year is $700,000.

Under the bill, the maximum amount of dairy manufacturing facility investment credits that may be claimed by all taxpayers, other than members of dairy cooperatives, in a fiscal year is $1,000,000 and the maximum amount of dairy manufacturing facility investment credits that may be claimed by members of dairy cooperatives in a fiscal year is $1,000,000.

Under current law, the maximum amount of meat processing facility investment credits that may be claimed by all taxpayers in a fiscal year is $700,000.

The bill increases the maximum amount of meat processing facility investment credits that may be claimed by all taxpayers in a fiscal year to $1,200,000.

Under current law, for fiscal year beginning on July 1, 2010, the maximum amount of food processing plant and food warehouse investment credits that may be claimed by all taxpayers is $1,200,000. Beginning with fiscal year 2011-12, and in each subsequent fiscal year, the maximum amount of food processing plant and food warehouse investment credits that may be claimed by all taxpayers is $700,000.

Under the bill, the maximum amount of food processing plant and food warehouse investment credits that may be claimed by all taxpayers in a fiscal year is $1,200,000.
Read first time and referred to committee on Jobs, Economy and Small Business
AB 195 Current law provides that if EPA does not promulgate an emission standard for a hazardous air contaminant, DNR may promulgate an emission standard for that hazardous air contaminant if DNR finds that the standard is needed to provide adequate protection for public health or welfare and if the finding is supported with certain written documentation.

This bill prohibits DNR from regulating sources that emit hazardous air contaminants associated with agricultural waste except to the extent required by federal law.
Referred to committee on Natural Resources.
AB 248 This bill allows DOT to issue annual or consecutive month permits for vehicles or vehicle combinations transporting loads of hay or straw that exceed the statutory height limitation of 13.5 feet. Every such permit issued by DOT must designate the route to be used. If the route involves highways that are not state trunk highways,the permit application must be accompanied by a written statement of route approval by the officer in charge of maintenance of the local highway. DOT may issue these permits regardless of whether the load being transported is divisible. Referred to committee on Rules.
AB 252 Under current law, with limited exceptions, no person may operate upon a highway any vehicle or combination of vehicles that exceeds certain statutory weight limits unless the person obtains a permit issued by the Department of Transportation or a local authority. Under one exception, certain vehicles or vehicle combinations transporting agricultural crops may, without a permit, exceed weight limits by not more than 15 percent from September 1 to November 30 of each year.

This bill extends the annual end date for this exception from November 30 to December 31.
Referred to committee on Rules.
AB 254 This bill increases, from 40 feet to 45 feet, the maximum overall length of a single vehicle that may be operated on a highway without an overlength permit. Referred to committee on Rules.
AB 304 This bill creates a registration category for trailers weighing more than 12,000 pounds but not more than 14,000 pounds that are designed to be hauled by a motor vehicle other than a truck tractor. These trailers may be registered for a fee that is one-half of the average of the fees prescribed for motor trucks weighing 12,000 pounds and 16,000 pounds, which, under current law, is a fee of $123. Assembly amendment 1 offered by Representative Tiffany.
AB 305 This bill allows DOT to issue overweight permits for vehicles or vehicle combinations (vehicles) that have six or more axles and that are transporting sealed loads. The bill defines a "sealed load" as a container or vehicle, being transported in international trade, that has been sealed with a tamper-evident seal. The permit does not authorize the operation of any vehicle at a maximum gross weight in excess of 90,000 pounds. Permit applications must be made electronically to DOT utilizing an electronic process prescribed by DOT.

The bill further specifies that, as with all other vehicle size or weight permits, if DOT issues an agricultural emergency permit or farm machinery permit, the permit must be carried on the vehicle during operation.

Under current law, if any bill introduced in either house of the legislature directly or indirectly establishes an exception to vehicle weight limitations, DOT must prepare a report, containing specified information, relating to the bill within six weeks after the bill is introduced and before any vote is taken on the bill.

This bill directs DOT not to prepare such a report on this bill because DOT recently completed the Wisconsin Truck Size and Weight Study that contained the same or similar information that would be contained in a report on this bill.
Public hearing held.
AB 306 This bill allows DOT to issue overweight permits for vehicles or vehicle combinations (vehicles) that have six or more axles and that are transporting certain agricultural products to a farm or from a field or farm to a storage or initial processing facility. The agricultural products that may be transported under the permit include fruit, vegetables, grain, and livestock, but exclude milk and raw forest products. The permit does not authorize the operation of any vehicle at a maximum gross weight in excess of 90,000 pounds. If the route over which the agricultural products are transported involves highways that are not state trunk highways, the permit application must be accompanied by a written statement of route approval by the officer in charge of maintenance of the local highway. The permit is not valid on an interstate highway unless operation of the vehicle on the interstate highway is allowed under federal law. Permit applications must be made electronically to DOT utilizing an electronic process prescribed by DOT. DOT may issue these permits regardless of whether the load being transported is divisible.

The bill further specifies that, as with all other vehicle size or weight permits,
if DOT issues an agricultural emergency permit or farm machinery permit, the permit must be carried on the vehicle during operation.
Public hearing held.

2011/2012 SENATE BILLS

Bill Description Status
SB 24 This bill eliminates the requirement that a person who requests that land be rezoned out of a farmland preservation zoning district pay a conversion fee and eliminates the program for purchasing agricultural conservation easements. Read first time and referred to committee on Financial Institutions and Rural Issues.
SB 108 This bill allows a dairy farmer with a license and a grade A permit to register with DATCP for the purpose of selling unpasteurized milk and milk products. The bill also allows a dairy farmer who does not have a license or a grade A permit to register with DATCP if the farmer milks fewer than 20 cows. A dairy farmer who registers with DATCP may sell unpasteurized milk and milk products directly to a consumer on the farm if the dairy farmer or the consumer provides a sanitary container, the container is filled in a sanitary manner, and the dairy farmer posts a sign stating "Raw milk products sold here. Raw milk products are not pasteurized."

Also, under the bill, DATCP's rules governing the operation of dairy farms and the testing and quality of milk do not apply to a registered dairy farmer without a license or a grade A permit if the farmer milks fewer than 20 cows.
Read first time and referred to committee on Agriculture, Forestry, and Higher Education.
SB 120 Under current law, the maximum amount of dairy manufacturing facility investment credits that may be claimed by all taxpayers, other than members of dairy cooperatives, in a fiscal year is $700,000 and the maximum amount of dairy manufacturing facility investment credits that may be claimed by members of dairy cooperatives in a fiscal year is $700,000.

Under the bill, the maximum amount of dairy manufacturing facility investment credits that may be claimed by all taxpayers, other than members of dairy cooperatives, in a fiscal year is $1,000,000 and the maximum amount of dairy manufacturing facility investment credits that may be claimed by members of dairy cooperatives in a fiscal year is $1,000,000.

Under current law, the maximum amount of meat processing facility investment credits that may be claimed by all taxpayers in a fiscal year is $700,000. The bill increases the maximum amount of meat processing facility investment credits that may be claimed by all taxpayers in a fiscal year to $1,200,000.

Under current law, for fiscal year beginning on July 1, 2010, the maximum amount of food processing plant and food warehouse investment credits that may be claimed by all taxpayers is $1,200,000. Beginning with fiscal year 2011-12, and in each subsequent fiscal year, the maximum amount of food processing plant and food warehouse investment credits that may be claimed by all taxpayers is $700,000.

Under the bill, the maximum amount of food processing plant and food warehouse investment credits that may be claimed by all taxpayers in a fiscal year is $1,200,000.
Read first time and referred to committee on Financial Institutions and Rural Issues.
SB 126 This bill allows an MFL owner to request that DNR extend the due date for the payment of yield taxes on the land under certain circumstances. An owner is eligible for an extension if a catastrophic event caused at least a 50 percent reduction in the total stumpage value of the merchantable timber on all of the tracts of land for which the owner requests an extension, if the tracts of land for which the extension is requested constitute at least 15 percent of the land under the owner's MFL order, and if a DNR forester certifies that the owner is eligible for the extension. The bill defines a "catastrophic event" as damage caused by fire, ice, snow, wind, flooding, insects, or disease. If the request is approved, DNR must extend the due date for the payment of the yield taxes on the affected land for ten years.

The bill also allows an MFL owner whose land was affected by a catastrophic event to pay, for ten years, the annual per acreage amount established at the time of the catastrophic event rather than the amount that would otherwise be payable.

Under the bill, an MFL owner may pay this alternative amount if the land qualifies for an extension of the due date for the payment of yield taxes based on a catastrophic event, if the catastrophic event occurred within the 15 years immediately preceding the expiration of the owner's MFL order for the land, and if the land continues to be subject to an MFL order for the relevant ten years.
Read first time and referred to committee on Agriculture, Forestry, and Higher Education.