AB230,9,1815 127.02 (3) (a) (title) Registration License fees. The fee for an annual warehouse
16keeper's certificate of registration license is $50. A warehouse keeper maintaining
17more than one business location in this state shall pay an additional registration
18license fee of $25 for each additional location.
AB230,9,2519 (am) (title) Registration License fee surcharge. An applicant for an annual
20warehouse keeper's certificate of registration license shall pay a registration license
21fee surcharge of $500 if the department determines that, within 365 days prior to
22submitting an application for a warehouse keeper's certificate of registration license,
23the applicant acted as a warehouse keeper without a certificate of registration
24license in violation of sub. (1). Payment of the registration license fee surcharge does
25not relieve the applicant of other civil or criminal liability that may result from acting

1as a warehouse keeper without a certificate of registration license, but does not
2constitute evidence of a violation of law.
AB230, s. 28 3Section 28. 127.02 (3) (b) (title) of the statutes is repealed and recreated to
4read:
AB230,10,55 127.02 (3) (b) (title) Basic inspection fee.
AB230, s. 29 6Section 29. 127.02 (3) (b) 1. of the statutes is renumbered 127.02 (3) (b), and
7127.02 (3) (b) (intro.), as renumbered, is amended to read:
AB230,10,118 127.02 (3) (b) (intro.) A warehouse keeper shall pay an annual inspection fee
9to the department based on the combined storage capacity of all of the warehouse
10keeper's warehouses in this state. The inspection fee is, if the combined storage
11capacity is:
AB230, s. 30 12Section 30. 127.02 (3) (b) 2. of the statutes is renumbered 127.02 (3) (bm) and
13amended to read:
AB230,10,1714 127.02 (3) (bm) (title) Supplementary inspection fee. In addition to the
15inspection fee specified under subd. 1. par. (b), a warehouse keeper shall annually
16pay to the department an inspection fee of $100 for each business warehouse location
17other than the warehouse keeper's principal business warehouse location.
AB230, s. 31 18Section 31. 127.02 (3m), (4) and (5) of the statutes are amended to read:
AB230,10,2519 127.02 (3m) (title) Registration Licensing contingent on payment of fees and
20surcharge.
The department may not issue or renew a certificate of registration
21license under sub. (1) unless the applicant pays all fees and any applicable surcharge
22required under sub. (3), as set forth in a statement from the department. The
23department shall refund a fee or surcharge paid under protest if the department
24determines that the fee or surcharge was not required to be paid as a condition of
25registration under this section
.
AB230,11,3
1(4) Expiration; nontransferable. The An annual warehouse keeper's
2certificate of registration license expires on August 31 of each year and is not
3transferable.
AB230,11,6 4(5) Display. A warehouse keeper shall display prominently a copy of the annual
5warehouse keeper's certificate of registration license in each business location
6warehouse in this state operated by the warehouse keeper.
AB230, s. 32 7Section 32. 127.03 (title) and (1) of the statutes are repealed and recreated to
8read:
AB230,11,10 9127.03 (title) Grain dealers licenses and fees. (1) Requirement. (a) Except
10as provided in par. (d), no person may do any of the following:
AB230,11,1211 1. Operate as a Class A grain dealer unless the person holds an annual license
12from the department as a Class A grain dealer.
AB230,11,1413 2. Operate as a Class B grain dealer unless the person holds an annual license
14from the department as a Class A grain dealer or a Class B grain dealer.
AB230,11,1715 3. Operate as a Class B2 grain dealer unless the person holds an annual license
16from the department as a Class A grain dealer, a Class B grain dealer or a Class B2
17grain dealer.
AB230,11,2118 (b) No grain dealer may claim to be bonded or claim to have filed security with
19the department for the benefit of producers unless that grain dealer holds an annual
20license from the department as a Class A grain dealer, a Class B grain dealer or a
21Class B2 grain dealer.
AB230,11,2422 (c) A Class C grain dealer is not required to be licensed but may voluntarily
23apply for and receive an annual license from the department as a Class C grain
24dealer.
AB230,11,2525 (d) Paragraph (a) does not apply to an exempt grain dealer.
AB230, s. 33
1Section 33. 127.03 (2) of the statutes is amended to read:
AB230,12,62 127.03 (2) Application. An application for an annual grain dealer's certificate
3of registration
license shall be filed on a form prescribed by the department. The
4application shall include information reasonably required by the department for
5registration licensing purposes. An application shall be accompanied by all
6applicable fees and surcharges under sub. (3).
AB230, s. 34 7Section 34. 127.03 (3) (title) and (a) (intro.) of the statutes are amended to
8read:
AB230,12,109 127.03 (3) (title) Registration License fees. (a) (intro.) The fee for an annual
10grain dealer's certificate of registration shall be license is as follows:
AB230, s. 35 11Section 35. 127.03 (3) (a) 2. of the statutes is amended to read:
AB230,12,1312 127.03 (3) (a) 2. For a Class B grain dealer, $175 plus a surcharge of $250 if the
13grain dealer's financial statement under s. 127.06 (2) is not audited
.
AB230, s. 36 14Section 36. 127.03 (3) (a) 2m. of the statutes is created to read:
AB230,12,1515 127.03 (3) (a) 2m. For a Class B2 grain dealer, $50.
AB230, s. 37 16Section 37. 127.03 (3) (a) 3. of the statutes is amended to read:
AB230,12,1817 127.03 (3) (a) 3. For a Class C grain dealer voluntarily licensed under sub. (1)
18(c)
, $50.
AB230, s. 38 19Section 38. 127.03 (3) (b) of the statutes is amended to read:
AB230,12,2320 127.03 (3) (b) In addition to the fee specified under par. (a), if a grain dealer
21operates more than one truck, the grain dealer shall pay an additional registration
22license fee of $10 for each additional truck that he or she the grain dealer uses for
23dealing in grain.
AB230, s. 39 24Section 39. 127.03 (3) (bg) of the statutes is amended to read:
AB230,13,9
1127.03 (3) (bg) An Except as provided in par. (bk), an applicant for an annual
2grain dealer's certificate of registration license shall pay a registration license fee
3surcharge of $500 if the department determines that, within 365 days prior to
4submitting an application for a grain dealer's certificate of registration license, the
5applicant acted as a grain dealer without a certificate of registration in violation of
6license required in sub. (1). Payment of the registration license fee surcharge does
7not relieve the applicant of other civil or criminal liability that may result from acting
8as a grain dealer without a certificate of registration license required in sub. (1), but
9does not constitute evidence of a violation of law.
AB230, s. 40 10Section 40. 127.03 (3) (bk) of the statutes is created to read:
AB230,13,1311 127.03 (3) (bk) If a grain dealer held a license as a Class B2 grain dealer but
12operated as a Class A grain dealer or a Class B grain dealer, the surcharge under par.
13(bg) is $250 rather than $500.
AB230, s. 41 14Section 41. 127.03 (3m), (4) and (5) of the statutes are amended to read:
AB230,13,2115 127.03 (3m) (title) Registration Licensing contingent on payment of fees and
16surcharge.
The department may not issue or renew a certificate of registration
17license under sub. (1) unless the applicant pays all fees and any applicable surcharge
18under sub. (3), as set forth in a statement from the department. The department
19shall refund a fee or surcharge paid under protest if the department determines that
20the fee or surcharge was not required to be paid as a condition of registration under
21this section
.
AB230,13,23 22(4) Expiration; nontransferable. The An annual grain dealer's certificate of
23registration
license expires on August 31 of each year and is not transferable.
AB230,14,4 24(5) Display. A grain dealer shall display prominently a copy of the annual grain
25dealer's certificate of registration annual license on each truck used that the grain

1dealer uses
for dealing in grain operated by the grain dealer and. A grain dealer shall
2also display a copy of the grain dealer's annual license
at the grain dealer's
3permanent business address, if he or she the grain dealer is required to maintain a
4permanent business address under s. 127.10 (6).
AB230, s. 42 5Section 42. 127.04 of the statutes is amended to read:
AB230,14,13 6127.04 Applicability to nonresident grain dealers. A nonresident grain
7dealer, not maintaining an office or place of business in this state, engaged in this
8state in buying grain from or selling
who buys grain from or sells grain for producers
9who produced the grain in this state, is subject to registration and other provisions
10of
this chapter relating to the purchase or sale of grain, whether or not the purchase
11or sale transaction takes
without regard to whether those purchases or sales take
12place wholly or in part in this state and without regard to whether the grain dealer
13maintains an office or place of business in this state
.
AB230, s. 43 14Section 43. 127.05 of the statutes is amended to read:
AB230,14,22 15127.05 Warehouse keeper's insurance. (1) Requirement; exception. A
16warehouse keeper shall file and maintain with the department a certificate or other
17satisfactory evidence of fire and extended coverage insurance issued by an insurance
18company authorized to do business in this state insuring that insures all grain in the
19custody of the warehouse keeper, whether held for others or owned by the warehouse
20keeper, at the full local market value of the grain. The requirements of this section
21do not apply to an exempt warehouse keeper unless the warehouse keeper holds
22himself or herself out as a bonded warehouse keeper
.
AB230,15,8 23(2) (title) Cancellation and replacement. An insurance policy required under
24this chapter sub. (1) shall provide that the policy may not be canceled by the
25warehouse keeper or insurance company except on 30 days' prior written notice

1served on the department in person or by certified mail. The warehouse keeper shall
2obtain satisfactory replacement insurance and shall file satisfactory evidence of that
3replacement insurance with the department within the 30-day period and prior to
4the expiration of the policy
20 days after the cancellation notice is served on the
5department and at least 10 days before the cancellation takes effect
. The department
6shall suspend the registration license of a warehouse keeper without prior notice or
7hearing if the warehouse keeper does not secure and file satisfactory evidence of
8replacement insurance as required under this section.
AB230, s. 44 9Section 44. 127.05 (3) and (4) of the statutes are created to read:
AB230,15,1310 127.05 (3) Insurance disclosure. Before storing grain for any depositor, a
11warehouse keeper, including an exempt warehouse keeper, shall clearly disclose in
12writing and post in a conspicuous location, observable by the public, all of the
13following information:
AB230,15,1514 (a) Whether the grain is insured against fire and other natural perils, including
15a listing of the types of perils covered.
AB230,15,1816 (b) Whether the warehouse keeper has liability insurance covering the
17warehouse keeper's grain storage operations and whether the insurance covers
18liability resulting from fraud or malfeasance by the warehouse keeper.
AB230,15,25 19(4) Deductibles. Neither an insurance policy under sub. (1) nor a warehouse
20keeper's liability insurance policy may contain any deductible clause that limits the
21insurer's liability to depositors for the full value of the depositor's covered losses
22under the policy. This subsection does not prohibit a clause under which the
23warehouse keeper agrees to indemnify the insurer for a portion of each claim by a
24depositor that is paid by the insurer under the policy, as long as the clause does not
25limit the insurer's obligation to pay each depositor.
AB230, s. 45
1Section 45. 127.06 (title) of the statutes is amended to read:
AB230,16,3 2127.06 (title) Financial statement statements; warehouse keepers and
3grain dealers.
AB230, s. 46 4Section 46. 127.06 (1) of the statutes is repealed and recreated to read:
AB230,16,75 127.06 (1) Warehouse keepers; financial statements required. (a) A
6warehouse keeper required to be licensed under s. 127.02 (1) shall do all of the
7following:
AB230,16,98 1. File a financial statement with the warehouse keeper's initial application for
9a license.
AB230,16,1210 2. Except as provided in par. (e), file an annual financial statement with the
11department on or before the 15th day of the 4th month beginning after the close of
12the warehouse keeper's fiscal year.
AB230,16,1513 (b) A financial statement filed under par. (a) shall be either a reviewed financial
14statement or an audited financial statement, except that the financial statement
15shall be an audited financial statement if any of the following apply:
AB230,16,1716 1. The warehouse keeper's warehouses have a combined storage capacity of at
17least 500,000 bushels.
AB230,16,1918 2. The warehouse keeper is a sole proprietor and the financial statement is not
19prepared according to the historical cost basis method of accounting.
AB230,16,2220 (c) The department may require an exempt warehouse keeper to file an annual
21audited financial statement or reviewed financial statement if the department
22determines that such filing is necessary to protect depositors.
AB230,17,323 (d) The department may require a warehouse keeper, including an exempt
24warehouse keeper, to file a supplementary financial statement or an interim
25statement whenever the department determines that such filing is necessary to

1protect depositors. The department may require a financial statement filed under
2this paragraph to be an audited financial statement or a reviewed financial
3statement.
AB230,17,104 (e) The department may extend the filing deadline under par. (a) 2. by up to 30
5days in response to a written request from a warehouse keeper or an independent
6certified public accountant, or an independent public accountant holding a
7certificate of authority under ch. 442, that is auditing or reviewing the financial
8statement for a warehouse keeper if the department receives the request on or before
9the 5th day of the 4th month beginning after the close of the warehouse keeper's
10fiscal year and if the request states the reason for the extension.
AB230, s. 47 11Section 47. 127.06 (1m) of the statutes is created to read:
AB230,17,1312 127.06 (1m) Grain dealers; financial statements required. (a) The following
13grain dealers shall file financial statements under par. (b):
AB230,17,1414 1. A Class A grain dealer.
AB230,17,1615 2. A Class B grain dealer that uses any deferred price contract or deferred
16payment contract.
AB230,17,1817 3. A grain dealer that claims to be bonded or claims to have filed security with
18the department for the benefit of producers.
AB230,17,1919 (b) A grain dealer specified in par. (a) shall do all of the following:
AB230,17,2120 1. File a financial statement with the grain dealer's initial application for a
21license under s. 127.03 (2).
AB230,17,2422 2. Except as provided in par. (e), file an annual financial statement with the
23department on or before the 15th day of the 4th month beginning after the close of
24the grain dealer's fiscal year.
AB230,18,3
1(c) A financial statement filed under par. (b) shall be either a reviewed financial
2statement or an audited financial statement, except that the financial statement
3shall be an audited financial statement if any of the following apply:
AB230,18,54 1. The grain dealer is a Class A grain dealer that buys or sells at least
5$2,000,000 worth of grain from producers during the grain dealer's fiscal year.
AB230,18,76 2. The grain dealer is a sole proprietor and the financial statement is not
7prepared according to the historical cost basis method of accounting.
AB230,18,138 (d) The department may require a Class A grain dealer or a Class B grain dealer
9that uses any deferred price contract or deferred payment contract to file a
10supplementary financial statement or an interim statement whenever the
11department determines that such filing is necessary to protect producers. The
12department may require a financial statement filed under this paragraph to be an
13audited financial statement or a reviewed financial statement.
AB230,18,2014 (e) The department may extend the filing deadline under par. (b) 2. by up to 30
15days in response to a written request from a grain dealer or an independent certified
16public accountant, or an independent public accountant who holds a certificate of
17authority under ch. 442, that is auditing or reviewing the financial statement for a
18grain dealer, if the department receives the written request on or before the 5th day
19of the 4th month beginning after the close of the grain dealer's fiscal year and if the
20request states the reason for the extension.
AB230, s. 48 21Section 48. 127.06 (2) (title) and (a) of the statutes are amended to read:
AB230,19,222 127.06 (2) (title) Contents; general. (a) Except as provided in par. (b) sub. (3)
23or (4)
, a financial statement under sub. (1) or (1m) shall consist of a balance sheet,
24income statement, equity statement, statement of cash flows, notes to financial

1statements and other information required by the department, and shall be prepared
2in conformity with according to generally accepted accounting principles.
AB230,19,6 3(b) Except as provided in par. (b) sub. (4), a warehouse keeper's financial
4statement shall disclose, separately and clearly, the warehouse keeper's obligations
5to depositors in the form of negotiable and nonnegotiable warehouse receipts, scale
6tickets and, collateral warehouse receipts and other grain storage receipts.
AB230,19,11 7(c) Except as provided in par. (b) sub. (4), a grain dealer's financial statement
8shall disclose, separately and clearly, the grain dealer's obligations to producers in
9the form of scale tickets, receipts, settlement sheets and contracts for grain
10purchased from producers. All reviewed financial statements shall be sworn to by
11the warehouse keeper or grain dealer filing the statement.
AB230, s. 49 12Section 49. 127.06 (2) (b) of the statutes is renumbered 127.06 (4) and
13amended to read:
AB230,19,2014 127.06 (4) (title) Initial financial statement. A If a warehouse keeper or a
15Class A
grain dealer that has not previously engaged in those businesses may file an
16initial financial statement, consisting
operated as a warehouse keeper or grain
17dealer, the financial statement included with that warehouse keeper's or grain
18dealer's initial license application may consist
of an opening balance sheet and notes
19to that balance sheet, prepared in conformity with according to generally accepted
20accounting principles.
AB230, s. 50 21Section 50. 127.06 (3) of the statutes is renumbered 127.06 (7) and amended
22to read:
AB230,20,523 127.06 (7) (title) Access to Financial statement closed to public inspection.
24 A Neither a financial statement nor a disclosure of grain purchases under sub. (5)
25is not subject to open to public inspection under s. 19.35 and the. The department

1may keep a financial statement closed to the public, although the department may
2utilize and release introduce a financial statement as evidence in an enforcement
3action, brought by or on behalf of the department or in an administrative hearing or
4court proceeding in which the department is a named party, subject to any protective
5orders made by the court or administrative tribunal
.
AB230, s. 51 6Section 51. 127.06 (3) of the statutes is created to read:
AB230,20,127 127.06 (3) Financial statement of sole proprietor. If a warehouse keeper or
8grain dealer is a sole proprietor, the financial statement for that sole proprietor shall
9consist of a statement of financial condition, statement of changes in net worth, notes
10to the financial statements and other information required by the department,
11except that the financial statement for the sole proprietor's grain operations shall
12comply with sub. (2) (a).
AB230, s. 52 13Section 52. 127.06 (5) and (6) of the statutes are created to read:
AB230,20,1814 127.06 (5) Grain dealer; disclosure of amount of grain purchased. With
15every financial statement filed under sub. (1m), a grain dealer shall file a statement,
16on a form furnished by the department, showing the total dollar value of grain that
17the grain dealer purchased from producers during the grain dealer's last completed
18fiscal year and during each month of that fiscal year.
AB230,21,2 19(6) Liability adjustments. (a) For purposes of s. 127.065 (1) (c) or 127.067 (1)
20(c), a warehouse keeper or grain dealer may deduct, from the amount of a liability
21reported in the warehouse keeper's or grain dealer's financial statement, any of the
22liability adjustments allowed for the warehouse keeper or grain dealer under pars.
23(b) to (f) if the amount of the liability adjustments and of the offsetting assets are
24disclosed in the notes to the financial statement. The total amount of the liability
25adjustments under pars. (b) to (f) may not exceed the total amount of the

1corresponding assets, identified in the notes to the financial statement, that justify
2the adjustments.
AB230,21,83 (b) A grain dealer may deduct amounts that the grain dealer has borrowed from
4a lending institution and deposited with a commodities broker to maintain an
5account to hedge grain transactions. The amount of the deduction shall be the lesser
6of the amount deposited with the commodities broker or the amount owed to the
7lending institution for funds borrowed from the lending institution and deposited
8with the commodities broker.
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