The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB230, s. 1
1Section 1. 20.115 (1) (jm) of the statutes is amended to read:
AB230,3,62 20.115 (1) (jm) Warehouse keeper and grain dealer regulation. All moneys
3received from the warehouse keeper registration license and inspection fees and
4surcharges under s. 127.02 (3) and from the grain dealer registration license fees and
5surcharges under s. 127.03 (3) for the administration and enforcement of the
6warehouse keepers and grain dealers security act program under ch. 127.
AB230, s. 2 7Section 2. 127.01 (1) of the statutes is renumbered 127.01 (1) (intro.) and
8amended to read:
AB230,3,99 127.01 (1) (intro.) "Affiliate" means any of the following:
AB230,3,11 10(a) An officer, director, or partner, member or manager of a warehouse keeper
11or grain dealer, any.
AB230,3,13 12(b) A firm or corporation owned or operated by an officer, director, or partner,
13member or manager
of a warehouse keeper or grain dealer and any.
AB230,3,17 14(c) A person acting who, as agent for a warehouse keeper or grain dealer, who
15is engaged in the business of buying
buys or receives grain from, or contracting for
16the growing of grain by,
a producer on behalf of or contracts with a producer to grow
17grain for delivery to
a warehouse keeper or grain dealer.
AB230, s. 3 18Section 3. 127.01 (1r) of the statutes is amended to read:
AB230,3,2419 127.01 (1r) "Audited financial statement" means a financial statement on
20which an independent certified public accountant, or a an independent public
21accountant, who holds holding a certificate of authority under ch. 442, has expressed
22an opinion in accordance with according to generally accepted accounting principles
23and has conducted an audit in accordance with according to generally accepted
24auditing standards.
AB230, s. 4 25Section 4. 127.01 (4) of the statutes is amended to read:
AB230,4,3
1127.01 (4) "Cash payment" means payment in the form of currency, certified
2check, money order, barter, or advance money transfer arrangement with a bank
3which is evidenced in writing
or irrevocable letter of credit.
AB230, s. 5 4Section 5. 127.01 (5d) of the statutes is repealed and recreated to read:
AB230,4,75 127.01 (5d) "Class A grain dealer" means a person, other than an exempt grain
6dealer, a Class B grain dealer, a Class B2 grain dealer or a Class C grain dealer, who
7does any of the following:
AB230,4,98 (a) Buys grain from producers for resale or for introduction into commercial
9channels.
AB230,4,1010 (b) Sells, on behalf of producers, grain received from those producers.
AB230,4,1311 (c) A person who is a feeder of livestock or poultry or who operates a feed mill
12or other manufacturing facility if the person spends $400,000 or more during that
13person's fiscal year to buy grain from producers.
AB230, s. 6 14Section 6. 127.01 (5p) of the statutes is amended to read:
AB230,4,1915 127.01 (5p) "Class B grain dealer" means a person that, other than a Class B2
16grain dealer, who
buys grain from producers only in connection with or incidental to
17the operation of a feed mill or other manufacturing operation and that expends
18facility operated by that person and who spends less than $400,000 annually for the
19purchase of
during that person's fiscal year to buy grain from producers.
AB230, s. 7 20Section 7. 127.01 (5r) of the statutes is created to read:
AB230,4,2521 127.01 (5r) "Class B2 grain dealer" means a person who buys grain from
22producers only in connection with the operation of a feed mill or other manufacturing
23facility operated by that person, who spends less than $50,000 during that person's
24fiscal year to buy grain from producers and who does not buy any grain under a
25deferred payment contract or a deferred price contract.
AB230, s. 8
1Section 8. 127.01 (5t) of the statutes is renumbered 127.01 (5t) (intro.) and
2amended to read:
AB230,5,73 127.01 (5t) (intro.) "Class C grain dealer" means a feeder of livestock or poultry,
4or a producer that expends less than $400,000 annually for the purchase of who buys
5grain from producers solely for his or her own use as a feed or seed or a producer that
6is engaged solely in selling grain that he or she has produced. " Class C grain dealer"
7does not include a person who does any of the following:
AB230, s. 9 8Section 9. 127.01 (5t) (a) and (b) of the statutes are created to read:
AB230,5,109 127.01 (5t) (a) Spends at least $400,000 during that person's fiscal year to buy
10grain from producers.
AB230,5,1111 (b) Sells grain other than grain that the person produced.
AB230, s. 10 12Section 10. 127.01 (6) of the statutes is amended to read:
AB230,5,1513 127.01 (6) "Current assets" means cash and assets , including trade or
14investment items,
that may can be readily converted into cash in the ordinary course
15of business within one year after the date of the balance sheet.
AB230, s. 11 16Section 11. 127.01 (8) and (9) of the statutes are repealed and recreated to
17read:
AB230,5,2018 127.01 (8) "Deferred payment contract" means a contract for the sale of grain
19from a producer to a grain dealer under which the grain dealer takes custody of the
20grain more than 7 calendar days before paying the producer in full for the grain.
AB230,5,24 21(9) "Deferred price contract" means a contract for the sale of grain from a
22producer to a grain dealer under which the grain dealer takes custody of the grain
23before the grain dealer and the producer agree on the price that the grain dealer will
24pay for the grain.
AB230, s. 12 25Section 12. 127.01 (11) of the statutes is amended to read:
AB230,6,1
1127.01 (11) "Depositor" means any of the following:
AB230,6,32 (a) A person who delivers grain to a warehouse keeper for storage, conditioning,
3shipping, or handling or eventual sale.
AB230,6,84 (b) An owner or legal holder of A person who owns or legally holds a scale ticket,
5warehouse receipt or other document that is issued by a warehouse keeper for grain,
6who is lawfully entitled to possession or payment for the grain represented by the
7ticket, receipt or other document
and that entitles that person to receive possession
8of that grain or its equivalent
.
AB230, s. 13 9Section 13. 127.01 (13) of the statutes is amended to read:
AB230,6,1110 127.01 (13) "Equity statement" means a report of the change in equity from the
11beginning to the end of the accounting period covered by the report.
AB230, s. 14 12Section 14. 127.01 (13m) and (14) of the statutes are repealed and recreated
13to read:
AB230,6,1614 127.01 (13m) "Exempt grain dealer" means a person who buys grain from
15producers and who makes full cash payment for all grain that the person receives
16from producers before taking custody of the grain.
AB230,6,22 17(14) "Exempt warehouse keeper" means a warehouse keeper who has a total
18of less than 50,000 bushels of grain obligations to others, for all of the warehouse
19keeper's warehouses, at any time during a license year. "Exempt warehouse keeper"
20does not include a warehouse keeper who represents to any person that the
21warehouse keeper is bonded or has filed security with the department for the benefit
22of depositors.
AB230, s. 15 23Section 15. 127.01 (15) of the statutes is amended to read:
AB230,6,2524 127.01 (15) "Federal act" means the federal warehouse act under 7 USC 241
25to 271, in effect on September 1, 1985.
AB230, s. 16
1Section 16. 127.01 (16) of the statutes is amended to read:
AB230,7,32 127.01 (16) "Financial statement" means a financial statement that meets the
3requirements under s. 127.06 (2)
complies with s. 127.06.
AB230, s. 17 4Section 17. 127.01 (18) of the statutes is amended to read:
AB230,7,95 127.01 (18) "Grain" means corn, wheat, soybeans, oats, barley, rye, buckwheat,
6sorghum, flaxseed, milo, sunflower seed and mixed grain as defined in the federal
7grain standards act of 1916 (,7 USC 71 et. seq.) as amended on July 1, 1980. The term
8to 87k. "Grain" does not include canning crops for processing or grain used or
9intended for use solely for sowing planting purposes.
AB230, s. 18 10Section 18. 127.01 (19) (intro.) of the statutes is amended to read:
AB230,7,1311 127.01 (19) (intro.)  "Grain dealer" means a Class A grain dealer, Class B grain
12dealer, Class B2 grain dealer, Class C grain dealer or exempt grain dealer. "Grain
13dealer" does not include any of the following:
AB230, s. 19 14Section 19. 127.01 (21) of the statutes is amended to read:
AB230,7,1615 127.01 (21) "Income statement" means a report of the financial results of
16business operations for a specific the accounting period covered by the report.
AB230, s. 20 17Section 20. 127.01 (22) of the statutes is amended to read:
AB230,7,1918 127.01 (22) "Interim statement" means a financial statement prepared on a
19date other than the end of
for a period shorter than a fiscal year.
AB230, s. 21 20Section 21. 127.01 (25) of the statutes is renumbered 127.01 (25) (intro.) and
21amended to read:
AB230,7,2422 127.01 (25) (intro.) "Producer" means an a person who is not a Class A grain
23dealer, a Class B grain dealer, a Class B2 grain dealer or an exempt grain dealer and
24who is one of the following:
AB230,8,2
1(a) An owner, tenant or operator of land who is engaged in the growing and
2production of producing grain on the land in this state.
AB230, s. 22 3Section 22. 127.01 (25) (b) of the statutes is created to read:
AB230,8,64 127.01 (25) (b) An owner, tenant or operator of land who is engaged in growing
5and producing grain on land outside of this state and who sells that grain to a grain
6dealer in this state or deposits that grain with a warehouse keeper in this state.
AB230, s. 23 7Section 23. 127.01 (25m) of the statutes is repealed and recreated to read:
AB230,8,108 127.01 (25m) "Reviewed financial statement" means a financial statement,
9other than an audited financial statement, that meets all of the following
10requirements:
AB230,8,1211 (a) The grain dealer or warehouse keeper attests in writing, under oath, that
12the financial statement is accurate.
AB230,8,1513 (b) The financial statement is reviewed according to generally accepted
14accounting principles by an independent certified public accountant or an
15independent public accountant who holds a certificate of authority under ch. 442.
AB230, s. 24 16Section 24. 127.01 (26) of the statutes is repealed and recreated to read:
AB230,8,2017 127.01 (26) "Statement of cash flows" means a report of cash receipts and cash
18disbursements from operating, investing and financing activities, including an
19explanation of changes in cash and cash equivalents for the accounting period
20covered by the report.
AB230, s. 25 21Section 25. 127.01 (28) of the statutes is amended to read:
AB230,8,2422 127.01 (28) "Warehouse" means any building, bin or storage facility used for
23receiving, storing, conditioning, shipping or handling grain. This term "Warehouse"
24does not include transport vehicles or facilities used for on-farm drying of grain.
AB230, s. 26 25Section 26. 127.02 (title), (1) and (2) of the statutes are amended to read:
AB230,9,2
1127.02 (title) Registration requirement for warehouse keepers;
2Warehouse keepers' licenses and fees.
AB230,9,8 3(1) Requirement, exception. No person may act as a warehouse keeper unless
4the person obtains holds an annual warehouse keeper's certificate of registration
5license issued by the department. The requirements of this section do not apply to,
6except that
an exempt warehouse keeper unless the warehouse keeper holds himself
7or herself out as a bonded or registered warehouse keeper
is not required to hold a
8license
.
AB230,9,13 9(2) Application. An application for an annual warehouse keeper's certificate
10of registration
license shall be filed on a form prescribed by the department. The
11application shall include information reasonably required by the department for
12registration licensing purposes. An application shall be accompanied by all
13applicable fees and surcharges under sub. (3).
AB230, s. 27 14Section 27. 127.02 (3) (a) and (am) of the statutes are amended to read:
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.
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