SB55-ASA1-AA1,950,8
8(3) "Grain dealer" has the meaning given in s. 126.10 (9).
SB55-ASA1-AA1,950,9
9(4) "Grain warehouse keeper" has the meaning given in s. 126.25 (9).
SB55-ASA1-AA1,950,10
10(5) "Milk contractor" has the meaning given in s. 126.40 (8).
SB55-ASA1-AA1,950,12
11(6) "Producer agent" means a person who is a producer agent, as defined in s.
12126.10 (13), 126.40 (13), or 126.55 (12).
SB55-ASA1-AA1,950,13
13(7) "Vegetable contractor" has the meaning given in s. 126.55 (14).
SB55-ASA1-AA1,950,14
14(8) "Vegetable producer" has the meaning given in s. 126.55 (16).
SB55-ASA1-AA1,950,16
15126.80 Department authority; general. The department shall administer
16this chapter.
SB55-ASA1-AA1,950,18
17126.81 Rule-making. The department may promulgate rules to do any of the
18following:
SB55-ASA1-AA1,950,19
19(1) Interpret and implement this chapter.
SB55-ASA1-AA1,950,21
20(2) Modify the license fees and surcharges provided in s. 126.11 (4), 126.26 (3),
21126.41 (3), 126.42, or 126.56 (4).
SB55-ASA1-AA1,950,23
22(3) Modify the fund assessments provided under s. 126.15, 126.30, 126.46, or
23126.60, as provided in s. 126.88.
SB55-ASA1-AA1,950,25
24(4) Require a contractor to notify producers and producer agents of the
25contractor's license, security, or fund contribution status under this chapter.
SB55-ASA1-AA1,951,3
1126.82 Investigations. The department may conduct investigations that it
2considers necessary for the administration of this chapter, including investigations
3to determine any of the following:
SB55-ASA1-AA1,951,4
4(1) Whether a contractor complies with this chapter.
SB55-ASA1-AA1,951,5
5(2) Whether a contractor is able to honor contract obligations when due.
SB55-ASA1-AA1,951,6
6(3) Whether a contractor has failed to honor contract obligations when due.
SB55-ASA1-AA1,951,8
7(4) Whether a grain warehouse keeper has sufficient grain on hand to meet the
8grain warehouse keeper's obligations to depositors.
SB55-ASA1-AA1,951,10
9(5) The nature and amount of a contractor's storage obligations or other
10contract obligations.
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11126.83 Information. The department may require a contractor to provide
12information that is relevant to the administration and enforcement of this chapter.
SB55-ASA1-AA1,951,15
13126.84 Records; confidentiality. (1) Public records exemption. The
14following records obtained by the department under this chapter are not open to
15public inspection under s. 19.35:
SB55-ASA1-AA1,951,1616
(a) Contractor financial statements.
SB55-ASA1-AA1,951,1717
(b) A contractor's purchase, storage, or procurement records.
SB55-ASA1-AA1,951,21
18(2) Use of records in court or administrative proceedings. Notwithstanding
19sub. (1), the department may introduce any information obtained under this chapter
20in a court proceeding or administrative contested case, subject to any protective
21order that the court or administrative tribunal determines to be appropriate.
SB55-ASA1-AA1,952,3
22126.85 Remedial orders. (1) General. The department may, by special
23order, require a contractor to remedy a violation of this chapter or a rule promulgated
24under this chapter. The department may order the contractor to take specific
25remedial actions, including actions to remedy deficiencies or to prevent losses to
1persons protected under this chapter. Except as provided in sub. (2), the department
2shall give the contractor notice and an opportunity for hearing before the department
3issues an order.
SB55-ASA1-AA1,952,7
4(2) S
ummary order. The department may issue an order under sub. (1) without
5prior notice or hearing if the department finds that the order is necessary to prevent
6a clear and imminent threat of harm to persons protected under this chapter.
7Conditions indicating a clear and imminent threat of harm include the following:
SB55-ASA1-AA1,952,98
(a) A contractor fails to pay producers according to this chapter or according
9to the contractor's contracts with producers.
SB55-ASA1-AA1,952,1110
(b) A contractor fails to file replacement insurance within the time required
11under this chapter.
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(c) A contractor fails to file security according to this chapter, or in response to
13the department's demand under this chapter.
SB55-ASA1-AA1,952,1414
(d) A contractor fails to pay a fund assessment when due.
SB55-ASA1-AA1,952,1715
(e) A vegetable contractor fails to pay vegetable producers by January 31 for
16vegetables delivered by December 31 of the previous year, except as authorized in a
17deferred payment contract.
SB55-ASA1-AA1,952,1918
(f) A grain warehouse keeper fails to return grain to depositors upon demand,
19as required under s. 126.34 (4).
SB55-ASA1-AA1,952,2120
(g) A grain warehouse keeper fails to maintain adequate grain inventory as
21required under s. 126.34 (3), and at least one of the following applies:
SB55-ASA1-AA1,952,2322
1. The amount of the deficiency exceeds 10,000 bushels or 10% of the grain
23warehouse keeper's obligations to depositors, whichever amount is less.
SB55-ASA1-AA1,952,2524
2. The grain warehouse keeper fails to correct the deficiency within 15 days
25after receiving the department's written notice that a deficiency exists.
SB55-ASA1-AA1,953,7
1(3) H
earing on summary order. (a) A contractor named in a summary order
2under sub. (2) may, within 10 days after receiving the order, request a hearing on the
3order. The department shall hold an informal hearing as soon as possible after
4receiving a hearing request, but not later than 10 days after receiving the hearing
5request, unless the contractor waives the informal hearing or agrees to hold it at a
6later date. If the matter is not resolved at the informal hearing, the department shall
7hold a contested case hearing under ch. 227 as soon as reasonably possible.
SB55-ASA1-AA1,953,98
(b) A hearing request under par. (a) does not automatically stay a summary
9order. The department may stay a summary order pending hearing.
SB55-ASA1-AA1,953,12
10126.86 License actions. (1) General. The department may for cause deny,
11suspend, revoke, or impose conditions on a contractor's license, as provided in s.
1293.06 (7) and (8). Cause may include any of the following:
SB55-ASA1-AA1,953,1413
(a) The contractor fails to comply with this chapter or a rule promulgated under
14this chapter.
SB55-ASA1-AA1,953,1615
(b) The contractor fails to comply with an order that the department issues
16under this chapter.
SB55-ASA1-AA1,953,1817
(c) The contractor fails to provide relevant information that the department
18requests under this chapter or falsifies information provided to the department.
SB55-ASA1-AA1,953,2119
(d) The contractor fails to file a financial statement, security, fees, or
20assessments required under this chapter, or fails to meet other requirements for
21licensing.
SB55-ASA1-AA1,953,2322
(e) The contractor fails to honor contract obligations to persons who are
23authorized to file default claims under s. 126.70 (1).
SB55-ASA1-AA1,954,224
(f) The contractor fails to reimburse the department, within 60 days after the
25department issues a reimbursement demand under s. 126.73 (1), for the full amount
1that the department pays to claimants under s. 126.72 (1) because of the contractor's
2default.
SB55-ASA1-AA1,954,63
(g) The contractor fails to reimburse a bond surety, within 60 days after the
4bond surety issues a reimbursement demand under s. 126.73 (2), for the full amount
5that the surety pays to the department under s. 126.72 (2) or (3) for the benefit of
6claimants affected by the contractor's default.
SB55-ASA1-AA1,954,10
7(2) H
earing on license action; general. Except as provided in sub. (3), the
8department shall give a contractor notice and an opportunity for hearing before the
9department suspends, revokes, or imposes conditions on a license held by the
10contractor.
SB55-ASA1-AA1,954,16
11(3) S
ummary action. (a) The department may, without prior notice or hearing,
12summarily suspend, revoke, or impose conditions on a license held by a contractor
13if the department finds that summary action is necessary to prevent a clear and
14imminent threat of harm to persons protected under this chapter. Conditions
15indicating a clear and imminent threat of harm include those identified in s. 126.85
16(2).
SB55-ASA1-AA1,954,2317
(b) A contractor who is the subject of a summary action under par. (a) may,
18within 10 days after receiving notice of that action, request a hearing on the action.
19The department shall hold an informal hearing as soon as possible after receiving a
20hearing request, but not later than 10 days after receiving the hearing request,
21unless the contractor waives the informal hearing or agrees to hold it at a later date.
22If the matter is not resolved at the informal hearing, the department shall hold a
23contested case hearing under ch. 227 as soon as reasonably possible.
SB55-ASA1-AA1,954,2524
(c) A request for hearing under par. (b) does not automatically stay a summary
25action under par. (a). The department may stay a summary action pending hearing.
SB55-ASA1-AA1,955,6
1126.87 Court actions. (1) Injunction. The department may petition the
2circuit court for an ex parte temporary restraining order, a temporary injunction, or
3a permanent injunction to prevent, restrain, or enjoin any person from violating this
4chapter, any rule promulgated under this chapter, or any order issued under this
5chapter. The department may seek this remedy in addition to any other penalty or
6remedy provided under this chapter.
SB55-ASA1-AA1,955,9
7(2) Penalties. (a) A person who violates this chapter, a rule promulgated under
8this chapter, or an order issued under this chapter is subject to a forfeiture of not less
9than $250 nor more than $5,000 for each violation.
SB55-ASA1-AA1,955,1210
(b) A person who intentionally violates this chapter, a rule promulgated under
11this chapter, or an order issued under this chapter may be fined not more than
12$10,000 or imprisoned for not more than one year in the county jail or both.
SB55-ASA1-AA1,955,19
13(4) Private remedy. (a) A person whose claim is allowed under s. 126.70 may
14bring an action against the contractor to recover the amount of the allowed claim, less
15any recovery amount that the department pays to the claimant under s. 126.71. In
16any court action under this subsection, the claimant may recover costs including all
17reasonable attorney fees, notwithstanding s. 814.04 (1). This subsection does not
18limit any other legal cause of action that the claimant may have against the
19contractor.
SB55-ASA1-AA1,955,2220
(b) A claim allowed under s. 126.70 has the same priority in an insolvency
21proceeding or creditor's action as a claim for wages, except as otherwise provided by
22federal law.
SB55-ASA1-AA1,955,25
23(5) C
ollections. The department may bring an action in court to recover any
24unpaid amount that a contractor owes the department under this chapter, including
25any unpaid fund assessment or reimbursement.
SB55-ASA1-AA1,956,3
1126.88 Modifying fund assessments. The department may by rule modify
2the fund assessments provided under s. 126.15, 126.30, 126.46, or 126.60. The
3department shall modify fund assessments as necessary to do all of the following:
SB55-ASA1-AA1,956,5
4(1) Maintain an overall fund balance of at least $5,000,000 after January 1,
52006, but not more than $22,000,000 at any time.
SB55-ASA1-AA1,956,7
6(2) Maintain a fund balance attributable to grain dealers of at least $1,000,000
7after January 1, 2006, but not more than $6,000,000 at any time.
SB55-ASA1-AA1,956,9
8(3) Maintain a fund balance attributable to grain warehouse keepers of at least
9$200,000 after January 1, 2006, but not more than $1,000,000 at any time.
SB55-ASA1-AA1,956,11
10(4) Maintain a fund balance attributable to milk contractors of at least
11$3,000,000 after January 1, 2006, but not more than $12,000,000 at any time.
SB55-ASA1-AA1,956,13
12(5) Maintain a fund balance attributable to vegetable contractors of at least
13$800,000 after January 1, 2006, but not more than $3,000,000 at any time.
SB55-ASA1-AA1,956,20
14126.89 Calculations. If a number used in or resulting from a calculation made
15to determine the amount of an assessment under s. 126.15, 126.30, 126.46, or 126.60,
16other than a number that appears in one of those sections, extends more than 6
17decimal places to the right of the decimal point, a person making the calculation shall
18round the number to the nearest whole digit in the 6th decimal place to the right of
19the decimal point. The amount of an assessment may be rounded to the nearest
20whole dollar.
SB55-ASA1-AA1,957,2
21126.90 Agricultural producer security council. The agricultural producer
22security council shall advise the department on the administration and enforcement
23of this chapter. The council shall meet as often as the department considers
24necessary, but at least once annually. The department shall inform the council of
1fund balances and payments, and shall consult with the council before modifying any
2license fee, license surcharge, or fund assessment under this chapter.
SB55-ASA1-AA1,957,116
125.52
(2) Limited manufacturer's permit. The department shall issue a
7limited manufacturer's permit which authorizes the use or sale of the intoxicating
8liquor produced only if it is rendered unfit for use as a beverage and is used or sold
9for use as fuel. The department shall notify the department of
natural resources 10environmental management of the name and address of any person to whom a
11limited manufacturer's permit is issued.
SB55-ASA1-AA1,958,20
13134.60 Cutting or transportation of evergreens. No person may cut for
14sale in its natural condition and untrimmed, with or without roots, any evergreen or
15coniferous tree, branch, bough, bush, sapling or shrub, from the lands of another
16without the written consent of the owner, whether such land is publicly or privately
17owned. The written consent shall contain the legal description of the land where the
18tree, branch, bough, bush, sapling or shrub was cut, as well as the name of the legal
19owner. The written consent or a certified copy of the consent shall be carried by every
20person in charge of the cutting or removing of the trees, branches, boughs, bushes,
21saplings or shrubs, and shall be exhibited to any officer of the law, forest ranger,
22forest patrol officer, conservation warden, or other officer of the department of
23natural resources fish, wildlife, parks, and forestry at the officer's request at any
24time. The officer may inspect the trees, branches, boughs, bushes, saplings or shrubs
1when being transported in any vehicle or other means of conveyance and may
2investigate to determine whether or not this section has been complied with. The
3officer may stop any vehicle or means of conveyance found carrying any trees,
4branches, boughs, bushes, saplings or shrubs upon any public highway of this state
5for the purpose of making such inspection and investigation, and may seize and hold,
6subject to the order of the court, any such trees, bushes, saplings or shrubs found
7being cut, removed or transported in violation of this section. No person may ship
8or transport any such trees, bushes, saplings or shrubs outside the county where they
9were cut unless the person attaches to the outside of each package, box, bale,
10truckload or carload shipped a tag or label on which appears the person's name and
11address. No common carrier or truck hauler may receive for shipment or
12transportation any such trees, bushes, saplings or shrubs unless the tag or label is
13attached. Any person who violates this section shall be fined not less than $10 nor
14more than $100. Any person who signs any such written consent or certified copy
15under this section who is not authorized to do so, and any person who lends or
16transfers or offers to lend or transfer any such written consent or certified copy to
17another person who is not entitled to use it, and any person not entitled to use any
18such written consent or certified copy, or who borrows, receives or solicits from
19another any such written consent or certified copy thereof shall be fined not less than
20$100 nor more than $500.".
SB55-ASA1-AA1,959,323
127.01
(1r) "Audited financial statement" means a financial statement on
24which an independent certified public accountant
, or an independent public
1accountant holding a certificate of authority licensed or certified under ch. 442
, has
2expressed an opinion according to generally accepted accounting principles and has
3conducted an audit according to generally accepted auditing standards.
SB55-ASA1-AA1,959,85
127.01
(25m) (b) The financial statement is reviewed according to generally
6accepted accounting principles by an independent certified public accountant
or an
7independent public accountant who holds a certificate of authority
licensed or
8certified under ch. 442.
SB55-ASA1-AA1,959,1710
127.06
(1) (e) The department may extend the filing deadline under par. (a) 2.
11by up to 30 days in response to a written request from a warehouse keeper or an
12independent certified public accountant
, or an independent public accountant
13holding a certificate of authority licensed or certified under ch. 442
, that is auditing
14or reviewing the financial statement for a warehouse keeper if the department
15receives the request on or before the 5th day of the 4th month beginning after the
16close of the warehouse keeper's fiscal year and if the request states the reason for the
17extension.
SB55-ASA1-AA1,959,2519
127.06
(1m) (e) The department may extend the filing deadline under par. (b)
202. by up to 30 days in response to a written request from a grain dealer or an
21independent certified public accountant
, or an independent public accountant who
22holds a certificate of authority licensed or certified under ch. 442
, that is auditing or
23reviewing the financial statement for a grain dealer, if the department receives the
24written request on or before the 5th day of the 4th month beginning after the close
25of the grain dealer's fiscal year and if the request states the reason for the extension.".
SB55-ASA1-AA1,960,53
CHAPTER 137
4
authentications
AND ELECTRONIC
5
TRANSACTIONS AND records
SB55-ASA1-AA1, s. 2830
6Section 2830. Subchapter I (title) of chapter 137 [precedes 137.01] of the
7statutes is amended to read:
SB55-ASA1-AA1,960,129
SUBCHAPTER I
10
NOTARIES AND COMMISSIONERS
11
OF DEEDS
; NONELECTRONIC
12
NOTARIZATION AND ACKNOWLEDGEMENT".
SB55-ASA1-AA1,960,2015
137.01
(3) (a)
Every Except as authorized in s. 137.19, every notary public shall
16provide an engraved official seal which makes a distinct and legible impression or
17official rubber stamp which makes a distinct and legible imprint on paper. The
18impression of the seal or the imprint of the rubber stamp shall state only the
19following: "Notary Public," "State of Wisconsin" and the name of the notary. But any
20notarial seal in use on August 1, 1959, shall be considered in compliance.
SB55-ASA1-AA1,960,2422
137.01
(4) (a) Every official act of a notary public shall be attested by the notary
23public's written signature or electronic signature, as defined in s.
137.04 (2) 137.11
24(8).