Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,914,7 (b) Land on which the vegetables are abandoned as being unsuitable for processing.

SB55-ASA1-AA1,914,10 126.56 Vegetable contractors; licensing. (1) License required. (a) Except as provided in sub. (2), no person may operate as a vegetable contractor without a current annual license from the department.

SB55-ASA1-AA1,914,12 (b) A license under par. (a) expires on the January 31 following its issuance. No person may transfer or assign a license issued under par. (a).

SB55-ASA1-AA1,914,14 (2) Exempt contractors. The following vegetable contractors are exempt from licensing under sub. (1):

SB55-ASA1-AA1,914,17 (a) A vegetable contractor who procures vegetables primarily for unprocessed, fresh market use and is licensed under the federal Perishable Agricultural Commodities Act, 7 USC 499a to 499t.

SB55-ASA1-AA1,914,19 (b) A restaurant or retail food establishment that procures processing vegetables solely for retail sale at the restaurant or retail food establishment.

SB55-ASA1-AA1,914,22 (3) License application. A vegetable contractor shall apply for a license under sub. (1) in writing, on a form provided by the department. The applicant shall provide all of the following:

SB55-ASA1-AA1,914,24 (a) The applicant's legal name and any trade name under which the applicant proposes to operate as a vegetable contractor.

SB55-ASA1-AA1,915,5 (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 application shall identify each officer of the corporation or cooperative. If the applicant is a partnership, the application shall identify each partner.

SB55-ASA1-AA1,915,7 (c) The mailing address of the applicant's principal business location and the name of a responsible individual who may be contacted at that address.

SB55-ASA1-AA1,915,10 (d) The street address of each business location from which the applicant operates as a vegetable contractor in this state and the name of a responsible individual who may be contacted at each location that is staffed.

SB55-ASA1-AA1,915,11 (e) All license fees and surcharges required under sub. (4).

SB55-ASA1-AA1,915,12 (f) The sworn and notarized statement required under sub. (9).

SB55-ASA1-AA1,915,13 (g) A financial statement if required under s. 126.58 (1) and not yet filed.

SB55-ASA1-AA1,915,14 (h) Other relevant information required by the department.

SB55-ASA1-AA1,915,17 (4) License fees and surcharges. A vegetable contractor applying for a license under sub. (1) shall pay the following fees and surcharges, unless the department specifies a different fee or surcharge amount by rule:

SB55-ASA1-AA1,915,18 (a) A nonrefundable license processing fee of $25.

SB55-ASA1-AA1,915,20 (b) A fee of $25 plus 5.75 cents for each $100 in contract obligations reported under sub. (9) (a), less any credit provided under sub. (6).

SB55-ASA1-AA1,915,25 (c) A license surcharge of $500 if the department determines that, within 365 days before submitting the license application, the applicant operated as a vegetable contractor 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 the license year in which the applicant violated sub. (1).

SB55-ASA1-AA1,916,3 (d) A license surcharge of $100 if during the preceding 12 months the applicant failed to file an annual financial statement required under s. 126.58 (1) (b) by the applicable deadline.

SB55-ASA1-AA1,916,5 (e) A license surcharge of $100 if a renewal applicant fails to renew a license by the license expiration date of January 31.

SB55-ASA1-AA1,916,8 (4m) Effect of payment of surcharge. Payment under sub. (3) (c) 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.

SB55-ASA1-AA1,916,11 (5) License for part of year; fees. A person who applies for an annual vegetable contractor license after the beginning of a license year shall pay the full annual fee amounts required under sub. (4).

SB55-ASA1-AA1,916,18 (6) Fee credits. (a) If the balance in the fund contributed by vegetable contractors exceeds $1,000,000 on November 30 of any license year, the department shall credit 50% of the excess amount against fees charged under sub. (4) (b) to contributing vegetable contractors who file timely license renewal applications for the next license year. The department shall credit each contributing vegetable contractor on a prorated basis, in proportion to the total fees that the vegetable contractor has paid under sub. (4) (b) for the 4 preceding license years.

SB55-ASA1-AA1,916,22 (b) The fee under sub. (4) (b) is reduced by one cent for each $100 in contract obligations reported under sub. (9) (a) if the department, under a contract with the applicant, grades all of the graded vegetables that the applicant procures from vegetable producers or producer agents.

SB55-ASA1-AA1,917,2 (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). The department shall specify any fee credits for which the applicant may qualify under sub. (6).

SB55-ASA1-AA1,917,7 (8) No license without full payment. The department may not issue a 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.

SB55-ASA1-AA1,917,10 (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:

SB55-ASA1-AA1,917,14 (a) The total amount of contract obligations that the applicant incurred during the applicant's last completed fiscal year. If the applicant has not yet operated as a vegetable contractor, the applicant shall estimate the amount of contract obligations that the applicant will incur during the applicant's first complete fiscal year.

SB55-ASA1-AA1,917,17 (b) The largest amount of unpaid contract obligations that the vegetable contractor had at any time during the vegetable contractor's last completed fiscal year.

SB55-ASA1-AA1,917,19 (c) The amount of unpaid contract obligations that the vegetable contractor has at the time of application.

SB55-ASA1-AA1,917,21 (d) The amount of unpaid contract obligations under par. (c) that are due for payment before the license year for which the applicant is applying.

SB55-ASA1-AA1,917,23 (e) The amount of unpaid obligations under par. (c) that the contractor has under deferred payment contracts.

SB55-ASA1-AA1,918,2 (f) Whether the applicant and the applicant's affiliates and subsidiaries will collectively grow more than 10% of the total acreage of any vegetable species grown or procured by the applicant during the license year for which the applicant is applying.

SB55-ASA1-AA1,918,4 (g) Whether the applicant will pay cash on delivery under all vegetable procurement contracts during the license year for which the applicant is applying.

SB55-ASA1-AA1,918,9 (h) Whether the applicant is a producer-owned cooperative or organization that procures vegetables solely from its producer owners on the basis of a cooperative marketing method under which the producer-owned cooperative or organization pays its producer owners a prorated share of sales proceeds for the marketing year after a final accounting and the deduction of marketing expenses.

SB55-ASA1-AA1,918,14 (10) Action granting or denying application. (a) The department shall grant or deny a license application under sub. (3) within 30 days after the department receives a complete application. If the department denies a license application, the department shall give the applicant a written notice stating the reasons for the denial.

SB55-ASA1-AA1,918,17 (b) A license becomes invalid after February 5 of the license year for which it is issued unless the license holder has by February 5 paid all producer obligations that were due and payable during the preceding license year.

SB55-ASA1-AA1,918,20 (11) License displayed. A vegetable contractor licensed under sub. (1) shall prominently display a copy of that license at each business location from which the vegetable contractor operates in this state.

SB55-ASA1-AA1,918,24 (12) Notice required. (a) A vegetable contractor who files security under s. 126.61 shall immediately notify the department if, at any time, the vegetable contractor's unpaid contract obligations exceed the amount last reported under sub. (9) (b).

SB55-ASA1-AA1,919,3 (b) A vegetable contractor shall immediately notify the department if the amount of unpaid obligations under deferred payment contracts exceeds the amount last reported under sub. (9) (e).

SB55-ASA1-AA1,919,10 126.57 Vegetable contractors; insurance. (1) Fire and extended coverage insurance. (a) Except as provided in par. (b), a vegetable contractor who is required to be licensed under s. 126.56 (1) shall maintain fire and extended coverage insurance, issued by an insurance company authorized to do business in this state, that covers all vegetables in the custody of the vegetable contractor, whether owned by the vegetable contractor or held for others, at the full local market value of the vegetables.

SB55-ASA1-AA1,919,12 (b) Paragraph (a) does not apply to a vegetable contractor if any of the following applies:

SB55-ASA1-AA1,919,14 1. The vegetable contractor pays cash on delivery under all vegetable procurement contracts.

SB55-ASA1-AA1,919,16 2. The vegetable contractor is a producer-owned cooperative or organization that procures processing vegetables only from its producer owners.

SB55-ASA1-AA1,919,19 (2) Insurance cancellation; replacement. Whenever an insurance policy under sub. (1) is canceled, the vegetable contractor shall replace the policy so that there is no lapse in coverage.

SB55-ASA1-AA1,919,22 (3) Insurance coverage; misrepresentation. No vegetable contractor may misrepresent any of the following to the department or to any vegetable producer or producer agent:

SB55-ASA1-AA1,919,23 (a) That the vegetable contractor is insured.

SB55-ASA1-AA1,919,25 (b) The nature, coverage, or material terms of the vegetable contractor's insurance policy.

SB55-ASA1-AA1,920,6 126.58 Vegetable contractors; financial statements. (1) Required annual financial statement. (a) Except as provided in par. (c), a vegetable contractor shall file an annual financial statement with the department, before the department first licenses the vegetable contractor under s. 126.56 (1), if the vegetable contractor reports more than $500,000 in contract obligations under s. 126.56 (9) (a).

SB55-ASA1-AA1,920,15 (b) Except as provided in par. (c), a vegetable contractor licensed under s. 126.56 (1) shall file an annual financial statement with the department during each license year if the vegetable contractor's license application for that year reports more than $500,000 in contract obligations under s. 126.56 (9) (a). The vegetable contractor shall file the annual financial statement by the 15th day of the 4th month following the close of the vegetable contractor's fiscal year, except that the department may extend the filing deadline for up to 30 days if the vegetable contractor, or the accountant reviewing or auditing the financial statement, files a written extension request at least 10 days before the filing deadline.

SB55-ASA1-AA1,920,17 (c) A vegetable contractor is not required to file a financial statement under par. (a) or (b) if any of the following applies:

SB55-ASA1-AA1,920,19 1. The vegetable contractor pays cash on delivery under all vegetable procurement contracts.

SB55-ASA1-AA1,920,21 2. The vegetable contractor is a producer-owned cooperative that procures processing vegetables only from its producer owners.

SB55-ASA1-AA1,920,24 (2) Voluntary financial statement. A contributing vegetable contractor who is not required to file a financial statement under sub. (1) may file an annual financial statement with the department for any of the following reasons:

SB55-ASA1-AA1,920,25 (a) To qualify for a lower fund assessment under s. 126.60.

SB55-ASA1-AA1,921,1 (b) To avoid filing security under s. 126.61 (1) (b).

SB55-ASA1-AA1,921,5 (3) Reviewed or audited financial statement. (a) A vegetable contractor filing an annual financial statement under sub. (1) or (2) shall file an audited financial statement if the vegetable contractor's latest annual license application reported more than $4,000,000 in annual contract obligations under s. 126.56 (9) (a).

SB55-ASA1-AA1,921,8 (b) If par. (a) does not apply, a vegetable contractor filing an annual financial statement under sub. (1) or (2) shall file either a reviewed financial statement or an audited financial statement.

SB55-ASA1-AA1,921,12 (4) Accounting period. A vegetable contractor filing an annual financial statement under sub. (1) or (2) shall file a financial statement that covers the vegetable contractor's last completed fiscal year unless the vegetable contractor has been in business for less than one year.

SB55-ASA1-AA1,921,18 (4m) Interim financial statement. The department may, at any time, require a vegetable contractor licensed under s. 126.56 (1) to file an interim financial statement with the department. The vegetable contractor shall provide, with the interim financial statement, the vegetable contractor's sworn and notarized statement that the financial statement is correct. An interim financial statement need not be a reviewed or audited financial statement.

SB55-ASA1-AA1,921,22 (5) Generally accepted accounting principles. (a) Except as provided in par. (b), a vegetable contractor filing a financial statement under this section shall file a financial statement that is prepared according to generally accepted accounting principles.

SB55-ASA1-AA1,921,25 (b) If a vegetable contractor is a sole proprietor and the vegetable contractor's financial statement is not audited, the vegetable contractor shall file a financial statement that is prepared on a historical cost basis.

SB55-ASA1-AA1,922,7 (6) Financial statement contents. (a) Except as provided in par. (b), a vegetable contractor filing a financial statement under this section shall file a financial statement that consists of a balance sheet, income statement, equity statement, statement of cash flows, notes to those statements, and any other information required by the department. If the vegetable contractor is a sole proprietor, the vegetable contractor shall file his or her business and personal financial statements.

SB55-ASA1-AA1,922,10 (b) If a vegetable contractor has been in business for less than one year, the vegetable contractor may file an annual financial statement under sub. (1) or (2) consisting of a balance sheet and notes.

SB55-ASA1-AA1,922,13 (c) A vegetable contractor filing a financial statement under this section shall include in the financial statement, or in an attachment to the financial statement, calculations of all of the following:

SB55-ASA1-AA1,922,15 1. The vegetable contractor's current ratio, excluding any assets required to be excluded under sub. (7).

SB55-ASA1-AA1,922,17 2. The vegetable contractor's debt to equity ratio, excluding any assets required to be excluded under sub. (7).

SB55-ASA1-AA1,922,20 (7) Assets excluded. A vegetable contractor may not include any of the following assets in the calculations under sub. (6) (c), unless the department specifically approves their inclusion:

SB55-ASA1-AA1,922,24 (a) A nontrade note or account receivable from an officer, director, employee, partner, or stockholder, or from a member of the family of any of those individuals, unless the note or account receivable is secured by a first priority security interest in real or personal property.

SB55-ASA1-AA1,923,2 (b) A note or account receivable from a parent organization, a subsidiary, or an affiliate other than an employee.

SB55-ASA1-AA1,923,5 (c) A note or account that has been receivable for more than one year, unless the vegetable contractor has established an equal offsetting reserve for uncollectible notes and accounts receivable.

SB55-ASA1-AA1,923,8 (9) Entity covered. A person filing a financial statement under this section may not file, in lieu of that person's financial statement, the financial statement of the person's parent organization, subsidiary, predecessor, or successor.

SB55-ASA1-AA1,923,11 (10) Department review. The department may analyze a financial statement filed under this section and may reject a financial statement that fails to comply with this section.

SB55-ASA1-AA1,923,14 126.59 Contributing vegetable contractors; disqualification. (1) Contribution required. A vegetable contractor licensed under s. 126.56 (1) shall pay fund assessments under s. 126.60 unless one of the following applies:

SB55-ASA1-AA1,923,15 (a) The vegetable contractor is disqualified under sub. (2).

SB55-ASA1-AA1,923,17 (b) The vegetable contractor pays cash on delivery under all vegetable procurement contracts.

SB55-ASA1-AA1,923,19 (c) The vegetable contractor is a producer-owned cooperative that procures processing vegetables only from its producer owners.

SB55-ASA1-AA1,923,21 (1m) Voluntary contribution. A vegetable contractor who is exempt under sub. (1) (b) or (c) may volunteer to pay fund assessments under s. 126.60.

SB55-ASA1-AA1,923,24 (2) Disqualified contractor. (a) A vegetable contractor who is required to file security under s. 126.61 (1) (a) is disqualified from the fund until the department determines that one of the conditions in s. 126.61 (7) (a) 1. or 2. is satisfied.

SB55-ASA1-AA1,924,2 (b) A vegetable contractor is disqualified from the fund if the department denies, suspends, or revokes the vegetable contractor's license.

SB55-ASA1-AA1,924,6 (c) A vegetable contractor is disqualified from the fund, and required to pay cash on delivery under vegetable procurement contracts, if the department issues a written notice disqualifying the vegetable contractor for cause. Cause may include any of the following:

SB55-ASA1-AA1,924,7 1. Failure to pay fund assessments under s. 126.60 when due.

SB55-ASA1-AA1,924,8 2. Failure to file a financial statement under s. 126.58 when due.

SB55-ASA1-AA1,924,12 3. Failure 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 vegetable contractor's default.

SB55-ASA1-AA1,924,16 4. Failure 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 vegetable contractor's default.

SB55-ASA1-AA1,924,19 (3) Payments by disqualified vegetable contractor. (a) The department may not return, to a disqualified vegetable contractor, any fund assessments that the vegetable contractor paid as a contributing vegetable contractor.

SB55-ASA1-AA1,924,24 (b) A disqualified vegetable contractor remains liable for any unpaid fund installment under s. 126.60 that became due while the vegetable contractor was a contributing vegetable contractor. A disqualified vegetable contractor is not liable for any fund installment that becomes due after the vegetable contractor is disqualified under sub. (2).

SB55-ASA1-AA1,925,4 126.60 Contributing vegetable contractors; fund assessments. (1) General. A contributing vegetable contractor 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: