AB717,14,2322 126.26 (3) (b) A grain warehouse inspection fee, which may be based on the
23number and sizes of the grain warehouses that the applicant operates.
AB717, s. 42 24Section 42. 126.26 (3) (c) to (f) of the statutes are amended to read:
AB717,15,2
1126.26 (3) (c) A supplementary inspection fee of $275 for each grain warehouse
2that the applicant operates in excess of one grain warehouse.
AB717,15,73 (d) A license surcharge of $500 if the department determines that, within 365
4days before submitting the license application, the applicant operated as a grain
5warehouse keeper without a license in violation of sub. (1). The applicant shall also
6pay any license fees, license surcharges, and fund assessments that are still due for
7the license year in which the applicant violated sub. (1).
AB717,15,108 (e) A license surcharge of $100 if during the preceding 12 months the applicant
9failed to file an annual financial statement required under s. 126.28 (1) (b) by the
10applicable deadline.
AB717,15,1211 (f) A license surcharge of $100 if a renewal applicant fails to renew a license
12by the license expiration date of August 31.
AB717, s. 43 13Section 43. 126.26 (3m) of the statutes is amended to read:
AB717,15,1714 126.26 (3m) Effect of payment of surcharge. Payment of a license surcharge
15under sub. (3) (d) does not relieve the applicant of any other civil or criminal liability
16that results from the violation of sub. (1), but does not constitute evidence of any law
17violation.
AB717, s. 44 18Section 44. 126.26 (5) of the statutes is amended to read:
AB717,16,219 126.26 (5) Fee credit. If the fund balance contributed by grain warehouse
20keepers exceeds $300,000 on June 30 May 31 of any license year, the department
21shall credit 12.5% of the excess amount against grain warehouse inspection fees
22charged under sub. (3) (b) to contributing grain warehouse keepers who file timely
23license renewal applications for the next license year. The department shall credit
24each contributing grain warehouse keeper on a prorated basis, in proportion to the

1total inspection fees that the warehouse keeper has paid under sub. (3) (b) for the 4
2preceding license years.
AB717, s. 45 3Section 45. 126.28 (3) of the statutes is repealed and recreated to read:
AB717,16,94 126.28 (3) Reviewed or audited financial statement. A grain warehouse
5keeper filing a financial statement under sub. (1) or (2) may file either a reviewed
6financial statement or an audited financial statement, except that if the grain
7warehouse keeper operates grain warehouses with a combined capacity of more than
81,500,000 bushels, the grain warehouse keeper shall file an audited financial
9statement.
AB717, s. 46 10Section 46. 126.31 (1) (b) 2. (intro.) of the statutes is renumbered 126.31 (1)
11(b) 2. and amended to read:
AB717,16,1712 126.31 (1) (b) 2. A grain warehouse keeper shall file security with the
13department, and maintain that security until the department releases it under sub.
14(8) (am), if the grain warehouse keeper files an annual financial statement under s.
15126.28 (1) that shows negative equity, a current ratio of less than 1.25 to 1.0, or a debt
16to equity ratio of more than 4.0 to 1.0 and the grain warehouse keeper's estimated
17default exposure is greater than the following amount: $20,000,000.
AB717, s. 47 18Section 47. 126.31 (1) (b) 2. a. to c. of the statutes are repealed.
AB717, s. 48 19Section 48. 126.31 (2) of the statutes is repealed.
AB717, s. 49 20Section 49. 126.31 (3) (b) (intro.) and 3. of the statutes are consolidated,
21renumbered 126.31 (3) (b) and amended to read:
AB717,17,222 126.31 (3) (b) A grain warehouse keeper who is only required to file or maintain
23security only under sub. (1) (b) shall at all times maintain security equal to the grain
24warehouse keeper's estimated default exposure, as defined in sub. (1) (b) 1., less the

1following amount: 3. For a license year that begins on September 1, 2005, or later,

2$20,000,000.
AB717, s. 50 3Section 50. 126.31 (3) (b) 1. and 2. of the statutes are repealed.
AB717, s. 51 4Section 51. 126.31 (4) (e) of the statutes is repealed.
AB717, s. 52 5Section 52. 126.31 (8) (b) of the statutes is repealed.
AB717, s. 53 6Section 53. 126.32 (5) (a) (intro.) of the statutes is renumbered 126.32 (5) (a)
7and amended to read:
AB717,17,108 126.32 (5) (a) A grain warehouse keeper shall retain all of the following records
9required under this section and s. 126.33 (3) for at least 6 years from the date of their
10creation:.
AB717, s. 54 11Section 54. 126.32 (5) (a) 1. and 2. of the statutes are repealed.
AB717, s. 55 12Section 55. 126.34 (5) (intro.) and (a) of the statutes are amended to read:
AB717,17,1413 126.34 (5) Prohibited practices. (intro.) No grain warehouse keeper, or officer,
14employee, or agent of a grain warehouse keeper,
may do any of the following:
AB717,17,1615 (a) Misrepresent the weight, grade, or quality of depositor grain received from
16or delivered to any person.
AB717, s. 56 17Section 56. 126.34 (5) (g) of the statutes is created to read:
AB717,17,1918 126.34 (5) (g) Assault, threaten, intimidate, or otherwise interfere with an
19officer, employee, or agent of the department in the performance of his or her duties.
AB717, s. 57 20Section 57. 126.40 (1) of the statutes is renumbered 126.40 (1) (intro.) and
21amended to read:
AB717,18,222 126.40 (1) (intro.) "Contributing milk contractor" means a milk contractor who
23is licensed under s. 126.41 (1), who either has paid one or more quarterly
24installments under s. 126.46 or is required to contribute to the fund, but the first

1quarterly installment under s. 126.46 (6) is not yet due, and
who is has not been
2disqualified from the fund under s. 126.45 (3)., and who either:
AB717, s. 58 3Section 58. 126.40 (1) (a) and (b) of the statutes are created to read:
AB717,18,44 126.40 (1) (a) Has paid one or more fund assessments under s. 126.46.
AB717,18,65 (b) Is required to contribute to the fund but the first fund assessment under s.
6126.46 (6) is not yet due.
AB717, s. 59 7Section 59. 126.41 (3) (intro.) and (a) of the statutes are amended to read:
AB717,18,118 126.41 (3) Annual license fees and surcharges. (intro.) A milk contractor
9applying for a an annual license under sub. (1) shall include the following fees and
10surcharges with the license application, unless the department specifies a different
11fee or surcharge amount by rule:
AB717,18,1312 (a) A nonrefundable basic license processing fee of $25, regardless of whether
13application is made after the beginning of a license year
.
AB717, s. 60 14Section 60. 126.41 (6) (a) of the statutes is amended to read:
AB717,18,2015 126.41 (6) (a) The total milk payroll obligations that the applicant incurred
16during the applicant's last completed fiscal year, less the total amount reported
17under par. (br) 3., if any
. If the applicant has not yet operated as a milk contractor
18in this state, the applicant shall estimate the total milk payroll obligations that the
19applicant will incur during the applicant's first complete fiscal year, less the total
20amount reported under par. (br) 3., if any
.
AB717, s. 61 21Section 61. 126.41 (6) (b) (intro.) of the statutes is created to read:
AB717,18,2222 126.41 (6) (b) (intro.) Either of the following amounts:
AB717, s. 62 23Section 62. 126.41 (6) (b) of the statutes is renumbered 126.41 (6) (b) 1. and
24amended to read:
AB717,19,3
1126.41 (6) (b) 1. The largest highest amount of unpaid milk payroll obligations
2that the milk contractor applicant had at any time during the milk contractor's
3applicant's last completed fiscal year.
AB717, s. 63 4Section 63. 126.41 (6) (b) 2. of the statutes is created to read:
AB717,19,75 126.41 (6) (b) 2. The highest amount of milk payroll obligations that the
6applicant incurred in any single month during the applicant's last completed fiscal
7year.
AB717, s. 64 8Section 64. 126.41 (6) (bg) of the statutes is created to read:
AB717,19,159 126.41 (6) (bg) The total amount in hundredweight of producer milk that the
10applicant procured in this state during the applicant's last completed fiscal year, less
11the total amount reported under par. (br) 2., if any. If the applicant has not yet
12operated as a milk contractor in this state, the applicant shall estimate the total
13amount in hundredweight of producer milk that the applicant will procure in this
14state during the applicant's first complete fiscal year, less the total amount reported
15under par. (br) 2., if any.
AB717, s. 65 16Section 65. 126.41 (6) (br) of the statutes is created to read:
AB717,19,1917 126.41 (6) (br) All of the following information related to each milk producer
18or producer agent that under s. 126.70 (1) (b) has permanently waived eligibility to
19file a default claim against the applicant:
AB717,19,2120 1. A copy of the written waiver that the milk producer or producer agent filed
21under s. 126.70 (1) (c).
AB717,20,222 2. The total amount in hundredweight of producer milk that the applicant
23procured in this state from that milk producer or producer agent during the
24applicant's last completed fiscal year. If the applicant has not yet operated as a milk
25contractor in this state, the applicant shall estimate the total amount in

1hundredweight of producer milk that the applicant will procure in this state from
2that milk producer or producer agent during the applicant's first complete fiscal year.
AB717,20,93 3. The total milk payroll obligations that the applicant incurred during the
4applicant's last completed fiscal year for producer milk that the applicant procured
5from that milk producer or producer agent. If the applicant has not yet operated as
6a milk contractor in this state, the applicant shall estimate the total milk payroll
7obligations that the applicant will incur during the applicant's first complete fiscal
8year for producer milk that the applicant will procure from that milk producer or
9producer agent.
AB717, s. 66 10Section 66. 126.41 (9) of the statutes is repealed and recreated to read:
AB717,20,1211 126.41 (9) A milk contractor who files and maintains security under s. 126.47
12shall provide a monthly report to the department containing either of the following:
AB717,20,1413 (a) The highest amount of the milk contractor's unpaid milk payroll obligations
14at any time during the preceding month.
AB717,20,1615 (b) The total amount of milk payroll obligations that the milk contractor
16incurred during the preceding month.
AB717, s. 67 17Section 67. 126.42 (6) of the statutes is amended to read:
AB717,20,1918 126.42 (6) Fee changes. The department may modify the license fees under
19sub. (1) by rule, as provided under s. 126.81 (2).
AB717, s. 68 20Section 68. 126.44 (1) (a) of the statutes is amended to read:
AB717,20,2421 126.44 (1) (a) A milk contractor shall file an annual financial statement with
22the department before the department first licenses the milk contractor under s.
23126.41 (1), unless the milk contractor reports no more than $1,500,000 in annual
24milk payroll obligations
150,000 hundredweight of milk under s. 126.41 (6) (a) (bg).
AB717, s. 69 25Section 69. 126.44 (1) (c) 1. of the statutes is amended to read:
AB717,21,3
1126.44 (1) (c) 1. A contributing milk contractor who reports no more than
2$1,500,000 in annual milk payroll obligations 150,000 hundredweight of milk under
3s. 126.41 (6) (a) (bg).
AB717, s. 70 4Section 70. 126.44 (5) of the statutes is repealed and recreated to read:
AB717,21,95 126.44 (5) Reviewed or audited financial statement. A milk contractor filing
6a financial statement under sub. (1) or (2) may file either a reviewed financial
7statement or an audited financial statement, except that if the milk contractor
8reports more than 2,500,000 hundredweight of milk under s. 126.41 (6) (bg), the milk
9contractor shall file an audited financial statement.
AB717, s. 71 10Section 71. 126.45 (3) (a) of the statutes is amended to read:
AB717,21,1511 126.45 (3) (a) A milk contractor who is required to file security under s. 126.47
12(1) (a) is disqualified from the fund until the department releases that security under
13s. 126.47 (7) (a). This paragraph does not apply, during the period beginning on May
141, 2002, and ending on April 30, 2007, to a qualified producer agent who files security
15under s. 126.47 (3) (a) 3.
AB717, s. 72 16Section 72. 126.45 (3) (b) of the statutes is renumbered 126.45 (3) (b) (intro.)
17and amended to read:
AB717,21,1918 126.45 (3) (b) (intro.) A milk contractor is disqualified from the fund if the
19department denies does any of the following:
AB717,21,20 201. Denies, suspends, or revokes the milk contractor's license.
AB717, s. 73 21Section 73. 126.45 (3) (b) 2. of the statutes is created to read:
AB717,21,2322 126.45 (3) (b) 2. Issues an order under s. 126.85 disqualifying the milk
23contractor from the fund.
AB717, s. 74 24Section 74. 126.45 (3) (c) of the statutes is repealed.
AB717, s. 75 25Section 75. 126.45 (4) (a) of the statutes is amended to read:
AB717,22,5
1126.45 (4) (a) A milk contractor disqualified under sub. (3) (c) (b) 2. may not
2engage in any activities for which a license is required under s. 126.41 (1) (a) if the
3milk contractor files an annual, quarterly, or interim financial statement under s.
4126.44 that shows a current ratio of less than 1.25 to 1.0, a debt to equity ratio of more
5than 2.0 to 1.0, or negative equity.
AB717, s. 76 6Section 76. 126.45 (5) of the statutes is created to read:
AB717,22,117 126.45 (5) Notice to producers. A milk contractor who is disqualified under
8sub. (3) shall immediately give written notice of the disqualification to all milk
9producers and producer agents to whom the milk contractor has unpaid milk
10payment obligations. The department may by rule or order specify the form and
11content of the notice.
AB717, s. 77 12Section 77. 126.46 (1) (intro.) of the statutes is renumbered 126.46 (1) and
13amended to read:
AB717,22,1714 126.46 (1) General. A contributing milk contractor shall pay an annual fund
15assessment for each license year. Except as provided in sub. (5m), the assessment
16equals $20 or the sum of the following, whichever is greater, unless
in the amount
17specified by
the department by rule specifies a different assessment:.
AB717, s. 78 18Section 78. 126.46 (1) (a) and (b) of the statutes are repealed.
AB717, s. 79 19Section 79. 126.46 (2) to (5) of the statutes are repealed.
AB717, s. 80 20Section 80. 126.46 (5m) (intro.) of the statutes is amended to read:
AB717,22,2421 126.46 (5m) Reduced assessment for certain milk contractors filing
22security.
(intro.) If a contributing milk contractor files security under s. 126.47 (1)
23(b), the contributing milk contractor's fund assessment is the amount determined
24specified under sub. (1) reduced by an amount determined as follows:
AB717, s. 81
1Section 81. 126.46 (5m) (a) of the statutes is renumbered 126.46 (5m) (a)
2(intro.) and amended to read:
AB717,23,63 126.46 (5m) (a) (intro.) Divide the amount of security that the milk contractor
4is required to file as determined under s. 126.47 (3) (b) by the amount of the milk
5contractor's estimated default exposure, as defined in s. 126.47 (1) (b) 1.
75 percent
6of the following:
AB717, s. 82 7Section 82. 126.46 (5m) (a) 1. and 2. of the statutes are created to read:
AB717,23,118 126.46 (5m) (a) 1. If the milk contractor reports unpaid milk payroll obligations
9under s. 126.41 (6) (b) 1. and (9) (a), the highest amount of unpaid milk payroll
10obligations, reported under s. 126.41 (6) (b) 1. or (9) (a), that the milk contractor had
11at any time during the last 12 months.
AB717,23,1512 2. If the milk contractor reports monthly milk payroll obligations under s.
13126.41 (6) (b) 2. and (9) (b), the highest amount of milk payroll obligations, reported
14under s. 126.41 (6) (b) 2. or (9) (b), that the milk contractor incurred in any month
15during the last 12 months.
AB717, s. 83 16Section 83. 126.46 (5m) (b) of the statutes is amended to read:
AB717,23,1817 126.46 (5m) (b) Multiply the amount of the assessment determined specified
18under sub. (1) by the amount determined under par. (a).
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