Wisconsin Cattlemen’s Legislative Committee
The Wisconsin Cattlemen’s Association Legislative Committee evaluates local, state and federal public policy proposals and changes in order to identify issues that will impact Wisconsin Cattlemen Association members and in order to advise the WCA with regard to action needed on a public policy issue.
WCA Legislative Committee Members
Chairman: Terry Quam - email: marda@verizon.net
Byron Freeman
Hank Handzel
Dick Hauser
Richard Klossner
Erick Koens
Steve Springer
Gregg May
Jordan Lamb - DeWitt Ross & Stevens - email:
jkl@dewittross.com
Current Legislative Watch List
The following issues are currently being monitored by the WCA Legislative Committee. For
more information on any of these issues, please see right,
for contact info.
- Wisconsin’s Livestock Facility Siting Law is Tested by County Governments. Several Wisconsin Counties, including Vernon and Calumet, have proposed livestock facility siting ordinances that are more stringent than the statewide standards that are contained in Wisconsin’s Livestock Facility Siting administrative rule, ATCP 51. As is permitted under the rule, counties may seek to enact more stringent siting ordinances for new or expanding livestock operations if those more stringent standards are based on reasonable and scientifically defensible findings of fact, which “clearly show that the standards are needed to protect public health or safety.” Wis. Stat. § 93.90(3)(a) and ATCP § 51.14. It is unclear what the DNR or the DATCP will determine constitute adequate “scientifically defensible findings of fact” to support these proposed more stringent ordinances. The WCA strongly supports the implementation of Wisconsin Facility Siting law uniformly across the State of Wisconsin and continues to carefully monitor the development of these ordinances
- DNR Indicates Intent to Revise NR 151, Runoff Management Performance Standards. The Department of Natural Resources (DNR) has issued a statement indicating its intent to revise the agricultural performance standards for runoff management that are currently contained in Wisconsin Administrative Rule, NR 151. This rule provides the performance standards for the state’s nonpoint source pollution control program. According to the DNR’s scope statement, the revised rule will “develop an agricultural buffer or equivalent performance standard and a performance standard to address manure runoff from smaller, non-permitted farms.” The revision of these performance standards will also require the Department of Agriculture, Trade and Consumer Protection (DATCP) to revise Wisconsin Administrative Rule, ATCP 50, which provide the technical requirements for meeting the performance standards that are established under the DNR’s NR 151 rule. It is expected that this rule revision will move forward in the fall of 2007. WCA is monitoring the development of these revisions to these administrative rules.
- Animal Feeding Operations Rule Revised (NR 243). The Wisconsin Department of Natural Resources has revised Wisconsin Administrative Rule, NR 243, regulating animal feeding operations. The new rule imposes requirements on small (under 300 animal units), medium (300 to 999 animal units) and large (over 1,000 animal units) Concentrated Animal Feeding Operations (CAFOs) under the Wisconsin Pollutant Discharge Elimination System (WPDES) permit program. Among other provisions, the proposed rule includes a mandatory duty to apply for a permit for CAFOs over 1,000 animal units; a prohibition against spreading liquid manure on frozen ground without incorporation into the soil during the months of February and March for WPDES permit holders; and requires large CAFOs to have at least 6 months of storage for liquid manure. Small and medium-sized CAFOs may be required to obtain a WPDES permit if (a) they have discharges of manure to navigable waters or (b) they cause fecal contamination of wells. If required to obtain a permit, these CAFOs will also have to comply with the NR 243 regulations. WCA was actively engaged throughout the NR 243 rulemaking process and continues to monitor the implementation of the new rule. For more information regarding the NR 243 revision, of to the DNR web site at http://dnr.wi.gov/org/water/wm/nps/rules/nr243/NR243.htm .
- 2007-09 Biennial Budget Bill – Conference Committee Continues to Meet. This summer, the Wisconsin State Assembly and the State Senate passed different versions of the 2007-09 biennial budget bill. Accordingly, leadership from both houses have been meeting in a conference committee in order to try to work out the differences between the houses. The WCA continues to monitor and participate in this budget-making process as appropriate in order to protect and foster the growth of Wisconsin’s livestock industry.
Review of 2005-06 State Legislative Issues of Interest to WCA Members
The following are some of the key issues that the WCA actively participated in during past Wisconsin state legislative sessions:
- Dairy Investment Tax Credit is Expanded to All Livestock. The 2005-07 Budget Bill included an expansion of the dairy investment tax credit. The newly expanded tax credit is available for all livestock producers and provides a credit in an amount equal to 10 percent of the amount that the person paid in that year to modernize or expand that person’s livestock farm. (For more information, see the Department of Revenue “Tax Bulletin,” September 2005 available online at http://www.dor.state.wi.us/ise/wtb/144law.pdf .) (Prior to insertion into the budget bill, this was 2005 Assembly Bill 145, Representative Lee Nerison.)
- Two Vehicle Combinations Statute is Updated. 2005 Wisconsin Act 363 allows a tractor-semitrailer combination up to 75 feet in overall length, and a semitrailer up to 53 feet in overall length and having a kingpin-to-axle length not exceeding 43 feet that is operated as part of a two-vehicle combination, to be operated, without a permit, on all state trunk highways (including interstate highways) except those that have been identified by DOT by rule as not suitable to accommodate such vehicle lengths. (The bill does not affect existing law relating to permissible length of these tractor-semitrailer combinations and semitrailers operated on highways presently designated by DOT.) The bill also increases, from 5 miles to 15 miles, the distance that specified vehicles may operate on highways not designated by DOT in order to access a highway designated by DOT or to reach certain services or destinations. (2005 Assembly Bill 315 Representative Jerry Petrowski and Senator Neal Kedzie.)
- Fall Harvest Truck Weight Allowance Becomes Statutory. 2005 Wisconsin Act 364 creates a statutory 15% overweight allowance for the fall harvest of certain commodities. From September 1 to November 30 of each year, a vehicle (or combination of vehicles) that has a registered gross weight of 50,000 pounds or more that is hauling corn, soybeans, cranberries, potatoes or vegetables from the field to storage on the grower’s owned or leased land, from the field to initial storage at a location not owned or leased by the grower, or from the field to initial processing may, without a permit, exceed statutory truck weight limits by not more than 15 percent. (This exception does not apply on Class “B” highways or on highways designated as part of the national system of interstate and defense highways, except for that portion of I 39 between USH 51 and I 90/94.) (2005 Assembly Bill 510 Representative Jerry Petrowski and Senator Neal Kedzie.)
- Statute Regulating Two-vehicle Combinations Transporting Livestock is Updated. Under previous laws, it was prohibited to operate a single vehicle that exceeded 40 feet in length without obtaining a permit from the Department of Transportation. One exception allowed a person to operate, without a permit, a two-vehicle combination transporting livestock if, the trailer is not longer than 53 feet, the trailer axles are either separated by at least 8 feet or are three axles in tandem, and the towing vehicle is not truck or tractor that weighs 10,000 pounds or less. 2005 Wisconsin Act 365 eliminates the requirement that the trailer axles be separated by at least 8 feet or be three axles in tandem, and instead replaces it with the requirement that the trailer be equipped with at least two axles. (2005 Assembly Bill 556, Representative Gene Hahn.)
- Expense Deductions and Amortization and Depreciation on Property Used in Farming is Amended to Reflect Federal Law. For taxable years beginning in 2005, 2005 Wisconsin Act 362 adopts federal law for the purpose of computing expense deductions on property used in the business of farming. Under this law, generally, the maximum aggregate cost of certain property that a taxpayer may treat as an expense for taxable years beginning after 2002 and before 2006 is $100,000 rather than $25,000. (2005 Assembly Bill 21, Representative Debi Towns.)
How To Contact Your Legislators
Contacting your legislators regarding issues that are important to your family and your business can be important in order to inform your representatives about how proposed rules or laws could affect you.
In order to determine who your legislators are, go to the State Legislature’s web page at http://www.legis.state.wi.us/, click on “Who Represents Me?” and enter your voting address information to bring up a list of your representatives. You can use the links from this site to get your representatives’ addresses, phone numbers and email addresses.