XX25 Historical society.
XX26 Housing and Economic Development Authority.
XX27 Insurance.
XX28 Investment board.
XX29 Joint committee on finance.
XX30 Judicial commission.
XX31 Justice.
XX32 Legislature.
XX33 Lieutenant governor.
XX34 Lower Wisconsin state riverway board.
XX35 Medical College of Wisconsin.
XX36 Military affairs.
XX37 Natural resources.
XX38 Personnel commission.
XX39 Public defender board.
XX40 Public instruction.
XX41 Public lands, board of commissioners of.
XX42 Public service commission.
XX43 Regulation and licensing.
XX44 Revenue.
XX45 Secretary of state.
XX46 State fair park board.
XX47 Supreme Court.
XX48 Technical college system.
XX49 Technology for educational achievement in Wisconsin board.
XX50 Tobacco control board.
XX51 Tourism.
XX52 Transportation.
XX53 Treasurer.
XX54 University of Wisconsin Hospitals and Clinics Authority.
XX55 University of Wisconsin Hospitals and Clinics Board.
XX56 University of Wisconsin System.
XX57 Veterans affairs.
XX58 Workforce development.
XX59 Other.
For example, for general nonstatutory provisions relating to the historical
society, see Section 9125. For any agency that is not assigned a two-digit
identification number and that is attached to another agency, see the number of the
latter agency. For any other agency not assigned a two-digit identification number
or any provision that does not relate to the functions of a particular agency, see
number "59" (other) within each type of provision.
In order to facilitate amendment drafting and the enrolling process, separate
section numbers and headings appear for each type of provision and for each state
agency, even if there are no provisions included in that section number and heading.
Section numbers and headings for which there are no provisions will be deleted in
enrolling and will not appear in the published act.
Following is a list of the most commonly used acronyms appearing in the
analysis:
DATCPDepartment of Agriculture, Trade and Consumer Protection
DERDepartment of Employment Relations
DETFDepartment of Employee Trust Funds
DFIDepartment of Financial Institutions
DHFSDepartment of Health and Family Services
DMADepartment of Military Affairs
DNRDepartment of Natural Resources
DOADepartment of Administration
DOCDepartment of Corrections
DOJDepartment of Justice
DORDepartment of Revenue
DORLDepartment of Regulation and Licensing
DOTDepartment of Transportation
DPIDepartment of Public Instruction
DVADepartment of Veterans Affairs
DWDDepartment of Workforce Development
JCFJoint Committee on Finance
OCIOffice of the Commissioner of Insurance
PSCPublic Service Commission
UWUniversity of Wisconsin
WHEDAWisconsin Housing and Economic Development Authority
WHEFAWisconsin Health and Educational Facilities Authority
__________________________________________________________________
Agriculture
Agricultural producer security
This bill changes the laws concerning milk contractors, grain dealers, grain
warehouse keepers, and vegetable contractors (contractors). A milk contractor is a
person who buys milk from milk producers or who markets milk on behalf of
producers. A grain dealer is a person who buys grain from grain producers or who
markets grain on behalf of producers. A grain warehouse keeper is a person who
operates a warehouse in which the person stores grain that belongs to someone else.
A vegetable contractor is a person who buys vegetables from vegetable producers for
use in food processing or who markets vegetables for use in food processing on behalf
of producers.
Current law requires certain contractors to post security with DATCP to
provide payment to producers in case the contractors default on payments owed to
producers. This bill establishes a segregated fund, called the agricultural producer
security fund (the fund), into which certain contractors must pay, and out of which
DATCP provides payment to producers when those contractors default on payments
owed to producers. The statutory changes concerning agricultural producer security
take effect in 2002.
Milk contractors
Under current law, persons who operate dairy plants generally must be
licensed by DATCP. There is no separate licensing requirement for milk contractors.
Under current law, DATCP may not issue a license for a dairy plant unless the
applicant's financial condition is such as to reasonably ensure prompt payment to
milk producers. If a dairy plant operator does not meet minimum financial
standards, the operator must file a bond or other security with DATCP or must
provide for a trustee who receives payment for all dairy products produced by the
dairy plant and who pays producers.
This bill requires a milk contractor to obtain a license from DATCP. A licensed
milk contractor that files financial statements which show that the milk contractor
does not meet minimum financial standards, or that does not file annual and
quarterly financial statements, must contribute to the fund unless the contractor is
disqualified from the fund. If a milk contractor that contributes to the fund defaults
on payments to producers, DATCP pays default claims from the fund.
A milk contractor that is required to file security when first licensed (because
the contractor has negative equity) is disqualified from the fund until DATCP
releases the security. A milk contractor is disqualified from the fund if DATCP
denies, suspends, or revokes the contractor's license. DATCP may also disqualify a
milk contractor from the fund for other reasons, such as failing to pay required fund
assessments. If DATCP disqualifies a milk contractor from the fund and the milk
contractor files a financial statement that shows that the contractor does not meet
minimum financial standards, the milk contractor may not act as a milk contractor
in this state.
The bill establishes the formula for determining the amount of the assessments
that must be paid by a milk contractor that contributes to the fund, except that
DATCP may, by rule, provide for a different formula. The assessments are based on
a milk contractor's financial condition, the amount spent to procure milk from
producers, and the number of consecutive years that the contractor has contributed
to the fund.
The bill requires a milk contractor to maintain insurance that covers all milk
and milk products in the possession of the milk contractor.
As under current law, the bill requires a milk contractor to pay a monthly fee
to DATCP, based on the amount of milk that the milk contractor procures. Under the
bill, if the balance in the fund contributed by milk contractors exceeds $4,000,000 on
any February 28, DATCP must use 50% of the excess to reduce these monthly fees.
Grain dealers
Under current law, most grain dealers are required to be licensed. If a grain
dealer does not meet minimum financial standards, the grain dealer is required to
file security with DATCP.
Under this bill, a grain dealer must obtain a license from DATCP unless the
dealer pays cash on delivery for all producer-owned grain that the dealer procures
or the dealer buys grain solely for the dealer's own use as feed or seed and spends less
than $400,000 per license year for that grain. A grain dealer that is required to be
licensed must contribute to the fund, unless the dealer is disqualified. If a grain
dealer that contributes to the fund defaults on payments to producers, DATCP pays
default claims from the fund.
A grain dealer that is required to file security (because the dealer has negative
equity) with DATCP when the grain dealer is first licensed under this bill is
disqualified from the fund until DATCP releases the security. A grain dealer is
disqualified from the fund, and required to pay cash on delivery for grain, if DATCP
denies, suspends, or revokes the dealer's license or if DATCP disqualifies the dealer
for cause.
The bill establishes the formula for determining the amount of the assessments
that must be paid by a grain dealer that contributes to the fund, except that DATCP
may, by rule, provide for a different formula. The assessments are based on a grain
dealer's financial condition, the amount spent to procure grain from producers, the
amount incurred under deferred payment contracts, and the number of consecutive
years that the dealer has contributed to the fund.
The bill requires a grain dealer to maintain insurance to cover all grain in the
custody of the grain dealer.
Under the bill, grain dealer license fees vary based on the amount that the grain
dealer pays for grain during a license year and the number of trucks used to haul
grain. Under the bill, if the balance in the fund contributed by grain dealers exceeds
$2,000,000 on any June 30, DATCP must use 50% of the excess to reduce license fees.
Grain warehouse keepers
Current law requires a grain warehouse keeper that holds 50,000 or more
bushels of grain for others at any time to obtain a license from DATCP. A grain
warehouse keeper that does not satisfy minimum financial standards must file
security with DATCP.
Under this bill, a licensed grain warehouse keeper is required to contribute to
the fund, unless the warehouse keeper is disqualified. If a grain warehouse keeper
that contributes to the fund fails to deliver grain to depositors upon demand, DATCP
pays default claims from the fund.
A grain warehouse keeper that is required to file security (because the
warehouse keeper has negative equity) with DATCP when the warehouse keeper is
first licensed under this bill is disqualified from the fund until DATCP releases the
security. A grain warehouse keeper is also disqualified from the fund if DATCP
denies, suspends, or revokes the warehouse keeper's license.
The bill establishes the formula for determining the amount of the assessments
that must be paid by a grain warehouse keeper that contributes to the fund, except
that DATCP may, by rule, provide for a different formula. The assessments are based
on a warehouse keeper's financial condition, the capacity of the warehouses, and the
number of consecutive years that the warehouse keeper has contributed to the fund.
