(2) The department shall deposit into the fund all fees, surcharges, assessments, reimbursements, and proceeds of surety bonds that the department collects under this chapter. The department shall keep a record by contractor and industry, of all deposits.
126.06 Industry bonds. (1) Department to acquire bonds. Using moneys appropriated under s. 20.115 (1) (v), the department shall acquire and maintain all of the following surety bonds:
(a) A surety bond that takes effect on May 1, 2002, to secure payment under s. 126.72 (2) of claims against contributing milk contractors, as defined in s. 126.40 (1).
(b) A surety bond that takes effect on September 1, 2002, to secure payment under s. 126.72 (2) of claims against contributing grain dealers, as defined in s. 126.10 (3), and contributing grain warehouse keepers, as defined in s. 126.25 (2).
(c) A surety bond that takes effect on February 1, 2002, to secure payment under s. 126.72 (2) of claims against contributing vegetable contractors, as defined in s. 126.55 (4).
(2) Bond terms. The department shall ensure all of the following:
(a) That the amount of each bond under sub. (1) is at least $5,000,000 but not more than $20,000,000.
(b) That the amount of each bond under sub. (1) renews annually.
(c) That each bond under sub. (1) is payable to the department for the benefit of the appropriate claimants under sub. (1).
(d) That each bond under sub. (1) is issued by a person who is authorized to operate a surety business in this state.
(dm) That no surety issues more than one of the 3 bonds under sub. (1).
(e) That no bond issued under sub. (1) may be canceled or modified unless one of the following applies:
1. The department agrees to the cancellation or modification.
2. The department receives written notice from the issuer in person or by certified mail at least one year before the proposed cancellation or modification.
(f) That the issuer of each bond under sub. (1) issues the bond in a form, and subject to any terms and conditions, that the department considers appropriate.
(3) Bond procurement. The department shall procure the surety bonds under sub. (1) according to the procedures provided in subch. IV of ch. 16.
126.07 Blanket bond. (1) Department to acquire bond. Using moneys appropriated under s. 20.115 (1) (v), the department shall acquire and maintain a surety bond, that takes effect on February 1, 2002, to secure payment under s. 126.72 (3) of claims against contributing contractors, as defined in s. 126.68 (1).
(2) Bond terms. The department shall ensure all of the following:
(a) That the amount of the bond under sub. (1) is at least $20,000,000 but not more than $40,000,000.
(b) That the amount of the bond under sub. (1) renews annually.
(c) That the bond under sub. (1) is payable to the department for the benefit of claimants described in sub. (1).
(d) That the bond under sub. (1) is jointly issued by at least 3 persons acting as cosureties on the bond and that each of the persons is authorized to operate a surety business in this state.
(e) That no issuer of the bond under sub. (1) may cancel or modify the bond, or withdraw as a cosurety, unless one of the following applies:
1. The department agrees to the cancellation, modification, or withdrawal.
2. The department receives written notice from the issuer that is delivered in person or by certified mail and is received at least one year before the proposed cancellation, modification, or withdrawal.
(f) That the issuers of the bond under sub. (1) issue the bond in a form, and subject to any terms and conditions, that the department considers appropriate.
(3) Bond procurement. The department shall procure the surety bond under sub. (1) according to the procedures provided in subch. IV of ch. 16.
126.08 Start-up loan to fund; repayment. On January 1, 2002, $2,000,000 is transferred as a loan from the agrichemical management fund, to the agricultural producer security fund. The department shall repay this loan principal, plus interest compounded at 5% annually, from the agricultural producer security fund by July 1, 2006. The department shall transfer at least $250,000 from the agricultural producer security fund to the agrichemical management fund on July 1 of each year, beginning on July 1, 2003. The department may accelerate the loan repayment, at its discretion.
subchapter III
Grain DEALERS
126.10 Definitions. In this subchapter:
(1) "Cash on delivery" means full cash payment for grain when the grain dealer takes custody or control of the grain.
(2) "Cash payment" means payment in any of the following forms:
(a) Currency.
(b) A cashier's check or a check that a bank issues and certifies.
(c) A wire transfer.
(d) Simultaneous barter.
(3) "Contributing grain dealer" means a grain dealer who is licensed under s. 126.11, who either has paid one or more quarterly installments under s. 126.15 (7) or is required to contribute to the fund, but the first quarterly installment under s. 126.15 (7) is not yet due, and who is not disqualified from the fund under s. 126.14 (2).
(4) "Current ratio" means the ratio of the value of current assets to the value of current liabilities, calculated according to s. 126.13 (6) (c) 1.
(5) "Debt to equity ratio" means the ratio of the value of liabilities to equity, calculated according to s. 126.13 (6) (c) 2.
(6) "Deferred payment contract" means a contract for the procurement of grain under which a grain dealer takes custody or control of producer grain more than 7 days before paying for the grain in full. "Deferred payment contract" includes a deferred price contract.
(7) "Deferred price contract" means a contract for the procurement of grain under which a grain dealer takes custody or control of producer grain more than 7 days before the price of that grain must be determined under the contract.
(8) "Disqualified grain dealer" means a grain dealer who is disqualified from the fund under s. 126.14 (2).
(9) "Grain dealer" means a person who buys producer grain or who markets producer grain as a producer agent. "Grain dealer" does not include any of the following:
(a) A person who merely brokers a contract between a grain producer and a grain dealer without becoming a party to the contract, taking control of grain, or accepting payment on behalf of the grain producer.
(b) A person who merely buys or sells grain on a board of trade or commodity exchange.
(10) "Grain producer" means a person who grows grain.
(10m) "License year" means the period beginning on September 1 and ending on the following August 31.
(11) "Procure grain" means to buy grain or acquire the right to market grain.
(12) "Procure producer grain in this state" means any of the following:
(a) To buy producer grain for receipt in this state.
(b) To acquire the right to market producer grain grown in this state.
(13) "Producer agent" means a person who acts on behalf of a grain producer to market or accept payment for the grain producer's grain without taking title to that grain, including a person who uses a producer trust fund to market or accept payment for producer grain. "Producer agent" does not include any of the following:
(a) A person who merely brokers a contract between a grain producer and a grain dealer, without becoming a party to the contract, taking control of grain, or accepting payment on behalf of the grain producer.
(b) A person who merely holds or transports grain for a grain producer without marketing the grain or accepting payment on behalf of the grain producer.
(14) "Producer grain" means grain that is owned by or held in trust for one or more grain producers. "Producer grain" includes grain that a producer agent markets for a grain producer, without taking title to the grain.
126.11 Grain dealers; licensing. (1) License required. Except as provided in sub. (2), no grain dealer may procure producer grain in this state without a current annual license from the department.
(2) Exempt grain dealers. The following grain dealers are not required to hold a license under this section, but may volunteer to be licensed:
(a) A grain dealer who pays cash on delivery for all producer grain.
(b) A grain dealer who buys producer grain solely for the grain dealer's own use as feed or seed and who spends less than $400,000 per license year for that grain.
(2m) License terms. A license under this section expires on the August 31 following its issuance. No person may transfer or assign a license issued under this section.
(3) License application. A grain dealer shall apply for an annual license under this section in writing, on a form provided by the department. An applicant shall provide all of the following:
(a) The applicant's legal name and any trade name under which the applicant proposes to operate as a grain dealer.
(b) A statement of whether the applicant is an individual, corporation, partnership, cooperative, limited liability company, trust, or other legal entity. If the applicant is a corporation or cooperative, the applicant shall identify each officer of the corporation or cooperative. If the applicant is a partnership, the applicant shall identify each partner.
(c) The mailing address of the applicant's primary business location and the name of a responsible individual who may be contacted at that location.
(d) The street address of each business location from which the applicant operates in this state as a grain dealer and the name of a responsible individual who may be contacted at each location that is staffed.
(e) All license fees and surcharges required under sub. (4).
(f) The sworn and notarized statement required under sub. (9).
(g) A financial statement if required under s. 126.13 (1) and not yet filed.
(h) Other relevant information required by the department.
(4) License fees and surcharges. A grain dealer applying for an annual license under this section shall pay the following fees and surcharges, unless the department specifies a different fee or surcharge amount by rule:
(a) A nonrefundable license processing fee of $25.
(b) The following license fees based on the grain dealer's reported grain payments under sub. (9) (a), less any credit provided under sub. (6):
1. A fee of $500, plus $225 per business location in excess of one business location, if the amount under sub. (9) (a) is at least $500,000.
2. A fee of $200 if the amount under sub. (9) (a) is at least $50,000 but less than $500,000.
3. A fee of $50 if the amount under sub. (9) (a) is less than $50,000.
(c) A license fee of $45 for each truck, in excess of one truck, that the grain dealer uses to haul grain in this state.
(d) A license surcharge of $425 if the grain dealer files a financial statement under s. 126.13 (1) that is not an audited financial statement.
(e) A license surcharge of $500 if the department determines that, within 365 days before submitting the license application, the applicant operated as a grain dealer without a license in violation of sub. (1). The applicant shall also pay any license fees, license surcharges, and fund assessments that are still due for any license year in which the applicant violated sub. (1).
(f) A license surcharge of $100 if during the preceding 12 months the applicant failed to file an annual financial statement required under s. 126.13 (1) (b) by the deadline specified in s. 126.13 (1) (c).
(g) A license surcharge of $100 if a renewal applicant fails to renew a license by the license expiration date of August 31. This paragraph does not apply to a grain dealer who is exempt under sub. (2) and is voluntarily licensed.
(4m) Effect of payment of surcharge. Payment under sub. (4) (e) does not relieve the applicant of any other civil or criminal liability that results from the violation of sub. (1), but does not constitute evidence of any law violation.
(5) License for part of year; fees. A person who applies for an annual grain dealer license after the beginning of a license year shall pay the full annual fee amounts required under sub. (4).
(6) Fee credits. If the balance in the fund contributed by grain dealers exceeds $2,000,000 on June 30 of any license year, the department shall credit 50% of the excess amount against fees charged under sub. (4) (b) to contributing grain dealers who file timely license renewal applications for the next license year. The department shall credit each contributing grain dealer on a prorated basis, in proportion to the total fees that the grain dealer paid under sub. (4) (b) for the 4 preceding license years.
(7) Fee statement. The department shall provide, with each license application form, a written statement of all license fees and surcharges required under sub. (4) or the formula for determining them. The department shall specify any fee credit for which the applicant may qualify under sub. (6).
(8) No license without full payment. The department may not issue an annual license under sub. (1) until the applicant pays all license fees and surcharges identified in the department's statement under sub. (7). The department shall refund a fee or surcharge paid under protest if upon review the department determines that the fee or surcharge is not applicable.
(9) Sworn and notarized statement. As part of a license application under sub. (3), an applicant shall provide a sworn and notarized statement, signed by the applicant or an officer of the applicant, that reports all of the following:
(a) The total amount that the applicant paid, during the applicant's last completed fiscal year, for producer grain procured in this state. If the applicant has not yet operated as a grain dealer in this state, the applicant shall estimate the amount that the applicant will pay during the applicant's first complete fiscal year for producer grain procured in this state.
(b) The amount of the payments under par. (a) made under deferred payment contracts.
(c) Whether the applicant has had any obligations under deferred payment contracts, for grain procured in this state, at any time since the beginning of the applicant's last completed fiscal year.
