Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,837,11 (10) Department review. The department may analyze a financial statement submitted under this section and may reject a financial statement that fails to comply with this section.

SB55-ASA1-AA1,837,16 126.14 Contributing grain dealers; disqualification. (1) Contribution required. A grain dealer who is required to be licensed under s. 126.11 (1) shall pay fund assessments under s. 126.15 unless the grain dealer is disqualified under sub. (2). A grain dealer who is voluntarily licensed under s. 126.11 may pay voluntary assessments under s. 126.15, unless the grain dealer is disqualified under sub. (2).

SB55-ASA1-AA1,837,19 (2) Disqualified grain dealer. (a) A grain dealer who is required to file security under s. 126.16 (1) (a) is disqualified from the fund until the department determines that one of the conditions in s. 126.16 (8) (a) 1. and 2. is satisfied.

SB55-ASA1-AA1,837,21 (b) A grain dealer is disqualified from the fund, and required to pay cash on delivery for producer grain, if any of the following occurs:

SB55-ASA1-AA1,837,22 1. The department denies, suspends, or revokes the grain dealer's license.

SB55-ASA1-AA1,837,25 2. The department issues a written notice disqualifying the grain dealer for cause, including failure to pay fund assessments under s. 126.15 when due or failure to file a financial statement under s. 126.13 when due.

SB55-ASA1-AA1,838,4 3. The grain dealer fails to reimburse the department, within 60 days after the department issues a reimbursement demand under s. 126.73 (1), for the full amount that the department pays to claimants under s. 126.72 (1) because of that grain dealer's default.

SB55-ASA1-AA1,838,8 4. The grain dealer fails to reimburse a bond surety, within 60 days after the bond surety issues a reimbursement demand under s. 126.73 (2), for the full amount that the surety pays to the department under s. 126.72 (2) or (3) for the benefit of claimants affected by that grain dealer's default.

SB55-ASA1-AA1,838,11 (3) Payments by disqualified grain dealer. (a) The department may not return to a disqualified grain dealer any fund assessments that the grain dealer paid as a contributing grain dealer.

SB55-ASA1-AA1,838,15 (b) A disqualified grain dealer remains liable for any unpaid fund installment under s. 126.15 that became due while the grain dealer was a contributing grain dealer. A disqualified grain dealer is not liable for any fund installment that becomes due after the grain dealer is disqualified under sub. (2).

SB55-ASA1-AA1,838,19 126.15 Contributing grain dealers; fund assessments. (1) General. A contributing grain dealer shall pay an annual fund assessment for each license year. The assessment equals $20 or the sum of the following, whichever is greater, unless the department by rule specifies a different assessment:

SB55-ASA1-AA1,838,23 (a) The grain dealer's current ratio assessment. The current ratio assessment for a license year equals the grain dealer's current ratio assessment rate under sub. (2) multiplied by the amount reported under s. 126.11 (9) (a) in the grain dealer's license application for that license year.

SB55-ASA1-AA1,839,2 (b) The grain dealer's debt to equity ratio assessment. The debt to equity ratio assessment for a license year equals the grain dealer's debt to equity ratio assessment rate under sub. (4) multiplied by the amount reported under s. 126.11 (9) (a) in the grain dealer's license application for that license year.

SB55-ASA1-AA1,839,7 (c) The grain dealer's deferred payment assessment. The deferred payment assessment for a license year equals the grain dealer's deferred payment assessment rate under sub. (6) multiplied by the payment amount, if any, that the grain dealer reports under s. 126.11 (9) (b) in the grain dealer's license application for that license year.

SB55-ASA1-AA1,839,9 (2) Current ratio assessment rate. A grain dealer's current ratio assessment rate is calculated, at the beginning of the license year, as follows:

SB55-ASA1-AA1,839,13 (a) If the grain dealer has filed an annual financial statement under s. 126.13 and that financial statement shows a current ratio of at least 1.25 to 1.0, the grain dealer's current ratio assessment rate equals the greater of zero or the current ratio assessment factor in sub. (3) (a) multiplied by the following amount:

SB55-ASA1-AA1,839,14 1. Subtract one from the current ratio.

SB55-ASA1-AA1,839,15 2. Divide the amount determined under subd. 1. by 3.

SB55-ASA1-AA1,839,16 3. Multiply the amount determined under subd. 2. by negative one.

SB55-ASA1-AA1,839,17 4. Raise the amount determined under subd. 3. to the 3rd power.

SB55-ASA1-AA1,839,18 5. Subtract 0.75 from the current ratio.

SB55-ASA1-AA1,839,19 6. Divide 0.65 by the amount determined under subd. 5.

SB55-ASA1-AA1,839,20 7. Raise the amount determined under subd. 6. to the 5th power.

SB55-ASA1-AA1,839,22 8. Add the amount determined under subd. 4. to the amount determined under subd. 7.

SB55-ASA1-AA1,839,23 9. Add 2 to the amount determined under subd. 8.

SB55-ASA1-AA1,840,2 (b) If the grain dealer has filed an annual financial statement under s. 126.13 and that financial statement shows a current ratio of less than 1.25 to 1.0, but greater than 1.0 to 1.0, the grain dealer's current ratio assessment rate equals the current ratio assessment factor in sub. (3) (b) multiplied by the following amount:

SB55-ASA1-AA1,840,3 1. Subtract one from the current ratio.

SB55-ASA1-AA1,840,4 2. Divide the amount determined under subd. 1. by 3.

SB55-ASA1-AA1,840,5 3. Multiply the amount determined under subd. 2. by negative one.

SB55-ASA1-AA1,840,6 4. Raise the amount determined under subd. 3. to the 3rd power.

SB55-ASA1-AA1,840,7 5. Subtract 0.75 from the current ratio.

SB55-ASA1-AA1,840,8 6. Divide 0.65 by the amount determined under subd. 5.

SB55-ASA1-AA1,840,9 7. Raise the amount determined under subd. 6. to the 5th power.

SB55-ASA1-AA1,840,11 8. Add the amount determined under subd. 4. to the amount determined under subd. 7.

SB55-ASA1-AA1,840,12 9. Add 2 to the amount determined under subd. 8.

SB55-ASA1-AA1,840,16 (c) If the grain dealer has filed an annual financial statement under s. 126.13 and that financial statement shows a current ratio of less than or equal to 1.0 to 1.0, the grain dealer's current ratio assessment rate equals the current ratio assessment factor in sub. (3) (b) multiplied by 120.81376.

SB55-ASA1-AA1,840,19 (d) Except as provided in par. (e), if the grain dealer has not filed an annual financial statement under s. 126.13, the grain dealer's current ratio assessment rate equals the current ratio assessment factor in sub. (3) (b) multiplied by 5.71235.

SB55-ASA1-AA1,840,24 (e) If the grain dealer has not filed an annual financial statement under s. 126.13 and the grain dealer procures grain in this state solely as a producer agent, the grain dealer's current ratio assessment rate is 0.00025, except that, for the grain dealer's 5th or higher consecutive full license year of participation in the fund, the grain dealer's current ratio assessment rate is 0.000175.

SB55-ASA1-AA1,841,4 (3) Current ratio assessment factor. (a) A grain dealer's current ratio assessment factor under sub. (2) (a) is 0.00003 except that, for the grain dealer's 5th or higher consecutive full license year as a contributing grain dealer, the grain dealer's current ratio assessment factor is zero.

SB55-ASA1-AA1,841,8 (b) A grain dealer's current ratio assessment factor under sub. (2) (b) to (d) is 0.000045 except that, for the grain dealer's 5th or higher consecutive full license year as a contributing grain dealer, the grain dealer's current ratio assessment factor is 0.000036.

SB55-ASA1-AA1,841,10 (4) Debt to equity assessment rate. A grain dealer's debt to equity ratio assessment rate is calculated, at the beginning of the license year, as follows:

SB55-ASA1-AA1,841,15 (a) If the grain dealer has filed an annual financial statement under s. 126.13 and that financial statement shows positive equity and a debt to equity ratio of not more than 4.0 to 1.0, the grain dealer's debt to equity ratio assessment rate equals the greater of zero or the debt to equity ratio assessment factor in sub. (5) (a) multiplied by the following amount:

SB55-ASA1-AA1,841,16 1. Subtract 4 from the debt to equity ratio.

SB55-ASA1-AA1,841,17 2. Divide the amount determined under subd. 1. by 3.

SB55-ASA1-AA1,841,18 3. Raise the amount determined under subd. 2. to the 3rd power.

SB55-ASA1-AA1,841,19 4. Subtract 1.7 from the debt to equity ratio.

SB55-ASA1-AA1,841,20 5. Divide the amount determined under subd. 4. by 1.75.

SB55-ASA1-AA1,841,21 6. Raise the amount determined under subd. 5. to the 7th power.

SB55-ASA1-AA1,841,23 7. Add the amount determined under subd. 3. to the amount determined under subd. 6.

SB55-ASA1-AA1,841,24 8. Add 2 to the amount determined under subd. 7.

SB55-ASA1-AA1,842,5 (b) If the grain dealer has filed an annual financial statement under s. 126.13 and that financial statement shows a debt to equity ratio of greater than 4.0 to 1.0, but less than 5.0 to 1.0, the grain dealer's debt to equity ratio assessment rate equals the debt to equity ratio assessment factor in sub. (5) (b) multiplied by the following amount:

SB55-ASA1-AA1,842,6 1. Subtract 4 from the debt to equity ratio.

SB55-ASA1-AA1,842,7 2. Divide the amount determined under subd. 1. by 3.

SB55-ASA1-AA1,842,8 3. Raise the amount determined under subd. 2. to the 3rd power.

SB55-ASA1-AA1,842,9 4. Subtract 1.7 from the debt to equity ratio.

SB55-ASA1-AA1,842,10 5. Divide the amount determined under subd. 4. by 1.75.

SB55-ASA1-AA1,842,11 6. Raise the amount determined under subd. 5. to the 7th power.

SB55-ASA1-AA1,842,13 7. Add the amount determined under subd. 3. to the amount determined under subd. 6.

SB55-ASA1-AA1,842,14 8. Add 2 to the amount determined under subd. 7.

SB55-ASA1-AA1,842,18 (c) If the grain dealer has filed an annual financial statement under s. 126.13 and that financial statement shows negative equity or a debt to equity ratio of at least 5.0 to 1.0, the grain dealer's debt to equity ratio assessment rate equals the debt to equity ratio assessment factor in sub. (5) (b) multiplied by 86.8244.

SB55-ASA1-AA1,842,22 (d) Except as provided in par. (e), if the grain dealer has not filed an annual financial statement under s. 126.13, the grain dealer's debt to equity ratio assessment rate equals the debt to equity ratio assessment factor in sub. (5) (b) multiplied by 8.77374.

SB55-ASA1-AA1,843,2 (e) If the grain dealer has not filed an annual financial statement under s. 126.13 and the grain dealer procures grain in this state solely as a producer agent, the grain dealer's debt to equity ratio assessment rate is 0.00025, except that it is 0.000175 for the grain dealer's 5th or higher consecutive full license year of participation in the fund.

SB55-ASA1-AA1,843,6 (5) Debt to equity ratio assessment factor. (a) A grain dealer's debt to equity ratio assessment factor under sub. (4) (a) is 0.0000125, except that it is zero for the grain dealer's 5th or higher consecutive full license year as a contributing grain dealer.

SB55-ASA1-AA1,843,9 (b) A grain dealer's debt to equity ratio assessment factor under sub. (4) (b) to (d) is 0.00001875, except that it is 0.000015 for the grain dealer's 5th or higher consecutive full license year as a contributing grain dealer.

SB55-ASA1-AA1,843,12 (6) Deferred payment assessment rate. A grain dealer's deferred payment assessment rate is 0.0035, except that it is 0.002 for the grain dealer's 5th or higher consecutive full license year as a contributing grain dealer.

SB55-ASA1-AA1,843,15 (7) Quarterly installments. (a) A contributing grain dealer shall pay the grain dealer's annual fund assessment in equal quarterly installments that are due as follows:

SB55-ASA1-AA1,843,16 1. The first installment is due on October 1 of the license year.

SB55-ASA1-AA1,843,17 2. The 2nd installment is due on January 1 of the license year.

SB55-ASA1-AA1,843,18 3. The 3rd installment is due on April 1 of the license year.

SB55-ASA1-AA1,843,19 4. The 4th installment is due on July 1 of the license year.

SB55-ASA1-AA1,843,21 (b) A contributing grain dealer may prepay any of the quarterly installments under par. (a).

SB55-ASA1-AA1,844,2 (c) A contributing grain dealer who applies for an annual license after the beginning of a license year shall pay the full annual fund assessment required under this section. The grain dealer shall pay, with the first quarterly installment that becomes due after the day on which the department issues the license, all of that year's quarterly installments that became due before that day.

SB55-ASA1-AA1,844,5 (d) A contributing grain dealer who fails to pay the full amount of any quarterly installment when due shall pay, in addition to that installment, a late payment penalty of $50 or 10% of the overdue installment amount, whichever is greater.

SB55-ASA1-AA1,844,8 (8) Notice of annual assessment and quarterly installments. When the department issues an annual license to a contributing grain dealer, the department shall notify the grain dealer of all of the following:

SB55-ASA1-AA1,844,10 (a) The amount of the grain dealer's annual fund assessment under this section.

SB55-ASA1-AA1,844,12 (b) The amount of each required quarterly installment under sub. (7) and the date by which the grain dealer must pay each installment.

SB55-ASA1-AA1,844,14 (c) The penalty that applies under sub. (7) (d) if the grain dealer fails to pay any quarterly installment when due.

SB55-ASA1-AA1,844,18 126.16 Grain dealers; security. (1) Security required. (a) A grain dealer shall file security with the department, and maintain that security until the department releases it under sub. (8) (a), if all of the following apply when the department first licenses the grain dealer under s. 126.11:

SB55-ASA1-AA1,844,20 1. The grain dealer reports more than $500,000 in grain payments under s. 126.11 (9) (a).

SB55-ASA1-AA1,844,22 2. The grain dealer files an annual financial statement under s. 126.13 (1) (a) and that financial statement shows negative equity.

SB55-ASA1-AA1,845,2 (b) A grain dealer who reports any deferred payment contract obligations under s. 126.11 (9) (c) or 126.13 (1) (d) shall file security with the department, and maintain that security until the department releases it under sub. (8) (b), unless the grain dealer has positive equity and one of the following applies:

SB55-ASA1-AA1,845,5 1. The grain dealer's annual financial statement under s. 126.13 covers a fiscal year ending on or before January 1, 2006, and shows a debt to equity ratio of not more than 5.0 to 1.0.

SB55-ASA1-AA1,845,8 2. The grain dealer's annual financial statement under s. 126.13 covers a fiscal year ending after January 1, 2006, and shows a debt to equity ratio of not more than 4.0 to 1.0.

SB55-ASA1-AA1,845,11 (2) Security continued. A grain dealer who filed security under ch. 127, 1999 stats., before September 1, 2002, shall maintain that security until the department releases it under sub. (8) (c).

SB55-ASA1-AA1,845,14 (3) Amount of security. A grain dealer who is required to file or maintain security under this section shall at all times maintain security that is at least equal to the sum of the following:

SB55-ASA1-AA1,845,18 (a) An amount equal to 35% of the grain dealer's average monthly payment for the 3 months, during the preceding 12 months, in which the grain dealer made the largest monthly payments for producer grain procured in this state, except that this amount is not required of a contributing grain dealer after December 1, 2002.

SB55-ASA1-AA1,845,21 (b) The grain dealer's highest total, at any time during the preceding 12 months, of unpaid obligations for producer grain procured in this state under deferred payment contracts.

SB55-ASA1-AA1,845,24 (4) Form of security. The department shall review, and determine whether to approve, security filed or maintained under this section. The department may approve only the following types of security:

SB55-ASA1-AA1,845,25 (a) Currency.