Wisconsin Legislature: AB863: Bill Text

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RCT:kjf:rs

2009 - 2010 LEGISLATURE

2009 Assembly BILL 863

March 16, 2010 - Introduced by Representatives Newcomer, Roth, Bies,
Gunderson, Kaufert, Kerkman, LeMahieu, Lothian, Spanbauer, Suder,
Townsend, Vos and Ziegelbauer, cosponsored by Senators A. Lasee, Leibham
and Ellis. Referred to Joint Committee on Finance.

AB863,1,6 1An Act to repeal 91.48 (1) (a) (intro.), 91.48 (1) (b), 91.48 (2) (b) and (c) and 91.49;
2to renumber 91.48 (1) (a) 1. to 4.; to consolidate, renumber and amend
391.48 (2) (intro.) and (a); and to amend 25.466, 91.04 (2) (j), 91.48 (1) (intro.)
4and 91.48 (3) of the statutes; relating to: eliminating the requirement to pay
5a conversion fee for having land rezoned out of a farmland preservation zoning
6district.

Analysis by the Legislative Reference Bureau

Under current law, the Department of Agriculture, Trade and Consumer
Protection (DATCP) administers the Farmland Preservation Program, which
contains some of the requirements that a farmer must meet to qualify for the
farmland preservation tax credit. Under current law, one requirement for qualifying
for the farmland preservation tax credit is that the farmland must either be in a
farmland preservation zoning district under a certified farmland preservation
zoning ordinance or be covered by a farmland preservation agreement executed by
DATCP.

Under current law, in order to rezone land out of a farmland preservation
zoning district, a political subdivision must find that the land is better suited for a
use not allowed in a farmland preservation zoning district, that the rezoning is
substantially consistent with the certified county farmland preservation plan, and
that the rezoning will not substantially impair the agricultural use of surrounding

parcels that are zoned for agricultural use. Also under current law, a political
subdivision with a certified farmland preservation ordinance may not rezone land
out of a farmland preservation zoning district unless the person who requested the
rezoning pays a conversion fee equal to the number of acres rezoned multiplied by
three times the per acre value of the highest value of cropland in the city, village, or
town in which the land is located, as determined by the Department of Revenue for
the purposes of use value assessment.

This bill eliminates the requirement that a person who requests that land be
rezoned out of a farmland preservation district pay a conversion fee.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:

AB863, s. 1 1Section 1. 25.466 of the statutes, as affected by 2009 Wisconsin Act 28, is
2amended to read:

AB863,2,6 325.466 Working lands fund. There is created a separate trust fund
4designated as the working lands fund, consisting of all moneys received under ss.
591.48 (2) (c) and s. 91.66 (1) (c) and all moneys received due to the sale, modification,
6or termination of an easement purchased under s. 93.73.

AB863, s. 2 7Section 2. 91.04 (2) (j) of the statutes, as affected by 2009 Wisconsin Act 28,
8is amended to read:

AB863,2,119 91.04 (2) (j) Rezoning of land out of farmland preservation zoning districts
10under s. 91.48, including the amounts of conversion fees paid to political subdivisions
11under s. 91.48 (1) (b).

AB863, s. 3 12Section 3. 91.48 (1) (intro.) of the statutes, as affected by 2009 Wisconsin Act
1328, is amended to read:

AB863,3,214 91.48 (1) (intro.) A political subdivision with a certified farmland preservation
15zoning ordinance may rezone land out of a farmland preservation zoning district

1without having the rezoning certified under s. 91.36, if all of the following apply the
2political subdivision finds all of the following, after public hearing:

AB863, s. 4 3Section 4. 91.48 (1) (a) (intro.) of the statutes, as affected by 2009 Wisconsin
4Act 28, is repealed.

AB863, s. 5 5Section 5. 91.48 (1) (a) 1. to 4. of the statutes, as affected by 2009 Wisconsin
6Act 28, are renumbered 91.48 (1) (a) to (d).

AB863, s. 6 7Section 6. 91.48 (1) (b) of the statutes, as affected by 2009 Wisconsin Act 28,
8is repealed.

AB863, s. 7 9Section 7. 91.48 (2) (intro.) and (a) of the statutes, as affected by 2009
10Wisconsin Act 28, are consolidated, renumbered 91.48 (2) and amended to read:

AB863,3,1511 91.48 (2) (intro.) A political subdivision shall by March of 1 of each year provide
12all of the following to the department: (a) A a report of the number of acres that the
13political subdivision has rezoned out of a farmland preservation zoning district
14under sub. (1) during the previous year and a map that clearly shows the location of
15those acres.

AB863, s. 8 16Section 8. 91.48 (2) (b) and (c) of the statutes, as affected by 2009 Wisconsin
17Act 28, are repealed.

AB863, s. 9 18Section 9. 91.48 (3) of the statutes, as affected by 2009 Wisconsin Act 28, is
19amended to read:

AB863,3,2220 91.48 (3) A political subdivision that is not a county shall by March 1 of each
21year submit a copy of the information that it reports to the department under sub.
22(2) (a) and (b) to the county in which the political subdivision is located.

AB863, s. 10 23Section 10. 91.49 of the statutes, as affected by 2009 Wisconsin Act 28, is
24repealed.

AB863,3,2525 (End)