SB173,6,2 19126.08 Start-up loan to fund; repayment. On January 1, 2002, $2,000,000
20is transferred as a loan from the agrichemical management fund, to the agricultural
21producer security fund. The department shall repay this loan principal, plus interest
22compounded at 5% annually, from the agricultural producer security fund by July 1,
232006. Interest shall be compounded at 5% annually before July 1, 2003, and at 2%
24annually beginning on July 1, 2003.
The department shall transfer at least $250,000
25from the agricultural producer security fund to the agrichemical management fund

1on July 1 of each year, beginning on July 1, 2003. The department may accelerate
2the loan repayment, at its discretion.
SB173, s. 9 3Section 9. 126.14 (2) (b) 3. and 4. of the statutes are amended to read:
SB173,6,84 126.14 (2) (b) 3. The grain dealer fails to reimburse the department, within 60
5days after the department issues a reimbursement demand under s. 126.73 (1), for
6the full amount that the department pays to claimants under s. 126.72 (1) or under
7s. 126.72 (2) with the proceeds of a loan under s. 126.06 (1) (b)
because of that grain
8dealer's default.
SB173,6,129 4. The grain dealer fails to reimburse a bond surety, within 60 days after the
10bond surety issues a reimbursement demand under s. 126.73 (2), for the full amount
11that the surety pays to the department under s. 126.72 (2) or (3) for the benefit of
12claimants affected by that grain dealer's default.
SB173, s. 10 13Section 10. 126.15 (1) (intro.) of the statutes is amended to read:
SB173,6,1714 126.15 (1) General. (intro.) A contributing grain dealer shall pay an annual
15fund assessment for each license year. The Except as provided in sub. (6m), the
16assessment equals $20 or the sum of the following, whichever is greater, unless the
17department by rule specifies a different assessment:
SB173, s. 11 18Section 11. 126.15 (6m) of the statutes is created to read:
SB173,6,2219 126.15 (6m) Reduced assessment for certain grain dealers filing security.
20If a grain dealer files security under s. 126.16 (1) (c), the grain dealer's assessment
21is the amount determined under sub. (1) reduced by an amount determined as
22follows:
SB173,6,2523 (a) Divide the amount of security that the grain dealer is required to file as
24determined under s. 126.16 (3) (b) by the amount of the grain dealer's estimated
25default exposure, as defined in s. 126.16 (1) (c) 1.
SB173,7,2
1(b) Multiply the amount of the assessment determined under sub. (1) by the
2amount determined under par. (a).
SB173, s. 12 3Section 12. 126.16 (1) (c) of the statutes is created to read:
SB173,7,54 126.16 (1) (c) 1. In this paragraph, "estimated default exposure" means the sum
5of the following:
SB173,7,86 a. Thirty-five percent of the grain dealer's average monthly payment for the
73 months, during the preceding 12 months, in which the grain dealer made the
8largest monthly payments for producer grain procured in this state.
SB173,7,119 b. The grain dealer's highest total, at any time during the preceding 12 months,
10of unpaid obligations for producer grain procured in this state under deferred
11payment contracts.
SB173,7,1712 2. A grain dealer shall file security with the department, and maintain that
13security until the department releases it under sub. (8) (bm), if the grain dealer files
14an annual financial statement under s. 126.13 (1) that shows negative equity, a
15current ratio of less than 1.25 to 1.0, or a debt to equity ratio of more than 4.0 to 1.0
16and the grain dealer's estimated default exposure is greater than the following
17amount:
SB173,7,1818 a. For the license year beginning on September 1, 2003, $18,000,000.
SB173,7,1919 b. For the license year beginning on September 1, 2004, $19,000,000.
SB173,7,2020 c. For a license year that begins on September 1, 2005, or later, $20,000,000.
SB173, s. 13 21Section 13. 126.16 (3) of the statutes is renumbered 126.16 (3) (a), and 126.16
22(3) (a) (intro.) and 1., as renumbered, are amended to read:
SB173,7,2523 126.16 (3) (a) (intro.) A Except as provided in par. (b), a grain dealer who is
24required to file or maintain security under this section shall at all times maintain
25security that is at least equal to the sum of the following:
SB173,8,5
11. An amount equal to 35% Thirty-five percent of the grain dealer's average
2monthly payment for the 3 months, during the preceding 12 months, in which the
3grain dealer made the largest monthly payments for producer grain procured in this
4state, except that this amount is not required of a contributing grain dealer after
5December 1, 2002
.
SB173, s. 14 6Section 14. 126.16 (3) (b) of the statutes is created to read:
SB173,8,97 126.16 (3) (b) A grain dealer who is only required to file or maintain security
8under sub. (1) (c) shall at all times maintain security equal to the grain dealer's
9estimated default exposure, as defined in sub. (1) (c) 1., less the following amount:
SB173,8,1010 1. For the license year beginning on September 1, 2003, $18,000,000.
SB173,8,1111 2. For the license year beginning on September 1, 2004, $19,000,000.
SB173,8,1212 3. For a license year that begins on September 1, 2005, or later, $20,000,000.
SB173, s. 15 13Section 15. 126.16 (8) (a) (intro.) of the statutes is amended to read:
SB173,8,1614 126.16 (8) (a) (intro.) The department may release security filed under sub. (1)
15(a), except for any amount of security that the grain dealer is required to file because
16sub. (1) (b) or (c) applies to the grain dealer, if any of the following applies:
SB173, s. 16 17Section 16. 126.16 (8) (b) (intro.) of the statutes is amended to read:
SB173,8,2018 126.16 (8) (b) (intro.) The department may release security filed under sub. (1)
19(b), except for any amount of security that the grain dealer is required to file because
20sub. (1) (a) or (c) applies to the grain dealer, if any of the following applies:
SB173, s. 17 21Section 17. 126.16 (8) (bm) of the statutes is created to read:
SB173,9,222 126.16 (8) (bm) The department may release security filed under sub. (1) (c),
23except for any amount of security that the grain dealer is required to file because sub.
24(1) (a) or (b) applies to the grain dealer, if the grain dealer files 2 consecutive annual
25financial statements under s. 126.13 showing that the grain dealer no longer has

1negative equity, a current ratio of less than 1.25 to 1.0, or a debt to equity ratio of more
2than 4.0 to 1.0.
SB173, s. 18 3Section 18. 126.29 (2) (a) of the statutes is amended to read:
SB173,9,64 126.29 (2) (a) A grain warehouse keeper who is required to file security under
5s. 126.31 (1) (a) is disqualified from the fund until the department releases that
6security under s. 126.31 (8) (a).
SB173, s. 19 7Section 19. 126.30 (1) (intro.) of the statutes is amended to read:
SB173,9,118 126.30 (1) General. (intro.) A contributing grain warehouse keeper shall pay
9an annual fund assessment for each license year. The Except as provided in sub.
10(5m), the
assessment equals $20 or the sum of the following, whichever is greater,
11unless the department by rule specifies a different assessment:
SB173, s. 20 12Section 20. 126.30 (5m) of the statutes is created to read:
SB173,9,1613 126.30 (5m) Reduced assessment for certain grain warehouse keepers filing
14security.
If a grain warehouse keeper files security under s. 126.31 (1) (b), the grain
15warehouse keeper's assessment is the amount determined under sub. (1) reduced by
16an amount determined as follows:
SB173,9,1917 (a) Divide the amount of security that the grain warehouse keeper is required
18to file as determined under s. 126.31 (3) (b) by the amount of the grain warehouse
19keeper's estimated default exposure, as defined in s. 126.31 (1) (b) 1.
SB173,9,2120 (b) Multiply the amount of the assessment determined under sub. (1) by the
21amount determined under par. (a).
SB173, s. 21 22Section 21. 126.31 (1) of the statutes is renumbered 126.31 (1) (a).
SB173, s. 22 23Section 22. 126.31 (1) (b) of the statutes is created to read:
SB173,10,3
1126.31 (1) (b) 1. In this paragraph, "estimated default exposure" means 20%
2of the current local market value of grain that the grain warehouse keeper holds in
3this state for others.
SB173,10,94 2. A grain warehouse keeper shall file security with the department, and
5maintain that security until the department releases it under sub. (8) (am), if the
6grain warehouse keeper files an annual financial statement under s. 126.28 (1) that
7shows negative equity, a current ratio of less than 1.25 to 1.0, or a debt to equity ratio
8of more than 4.0 to 1.0 and the grain warehouse keeper's estimated default exposure
9is greater than the following amount:
SB173,10,1010 a. For the license year beginning on September 1, 2003, $18,000,000.
SB173,10,1111 b. For the license year beginning on September 1, 2004, $19,000,000.
SB173,10,1212 c. For a license year that begins on September 1, 2005, or later, $20,000,000.
SB173, s. 23 13Section 23. 126.31 (3) of the statutes is renumbered 126.31 (3) (a) and
14amended to read:
SB173,10,1815 126.31 (3) (a) A Except as provided in par. (b), a grain warehouse keeper who
16is required to file or maintain security under this section shall at all times maintain
17security equal to at least 20% of the current local market value of grain that the grain
18warehouse keeper holds in this state for others.
SB173, s. 24 19Section 24. 126.31 (3) (b) of the statutes is created to read:
SB173,10,2320 126.31 (3) (b) A grain warehouse keeper who is only required to file or maintain
21security under sub. (1) (b) shall at all times maintain security equal to the grain
22warehouse keeper's estimated default exposure, as defined in sub. (1) (b) 1., less the
23following amount:
SB173,10,2424 a. For the license year beginning on September 1, 2003, $18,000,000.
SB173,10,2525 b. For the license year beginning on September 1, 2004, $19,000,000.
SB173,11,1
1c. For a license year that begins on September 1, 2005, or later, $20,000,000.
SB173, s. 25 2Section 25. 126.31 (8) (a) (intro.) of the statutes is amended to read:
SB173,11,43 126.31 (8) (a) (intro.) The department may release security filed under sub. (1)
4(a) if any of the following applies:
SB173, s. 26 5Section 26. 126.31 (8) (am) of the statutes is created to read:
SB173,11,116 126.31 (8) (am) The department may release security filed under sub. (1) (b),
7except for any amount of security that the grain warehouse keeper is required to file
8because sub. (1) (a) applies to the grain warehouse keeper, if the grain warehouse
9keeper files 2 consecutive annual financial statements under s. 126.28 showing that
10the grain warehouse keeper no longer has negative equity, a current ratio of less than
111.25 to 1.0, or a debt to equity ratio of more than 4.0 to 1.0.
SB173, s. 27 12Section 27. 126.45 (3) (a) of the statutes is amended to read:
SB173,11,1713 126.45 (3) (a) A milk contractor who is required to file security under s. 126.47
14(1) (a) is disqualified from the fund until the department releases that security under
15s. 126.47 (7) (a). This paragraph does not apply, during the period beginning on May
161, 2002, and ending on April 30, 2007, to a qualified producer agent who files security
17under s. 126.47 (3) (c) (a) 3.
SB173, s. 28 18Section 28. 126.45 (3) (c) 3. and 4. of the statutes are amended to read:
SB173,11,2219 126.45 (3) (c) 3. Failure to reimburse the department, within 60 days after the
20department issues a reimbursement demand under s. 126.73 (1), for the full amount
21that the department pays to claimants under s. 126.72 (1) or under s. 126.72 (2) with
22the proceeds of a loan under s. 126.06 (1) (b)
because of that milk contractor's default.
SB173,12,223 4. Failure to reimburse a bond surety, within 60 days after the bond surety
24issues a reimbursement demand under s. 126.73 (2), for the full amount that the

1surety pays to the department under s. 126.72 (2) or (3) for the benefit of claimants
2affected by that milk contractor's default.
SB173, s. 29 3Section 29. 126.46 (1) (intro.) of the statutes is amended to read:
SB173,12,74 126.46 (1) General. (intro.) A contributing milk contractor shall pay an
5annual fund assessment for each license year. The Except as provided in sub. (5m),
6the
assessment equals $20 or the sum of the following, whichever is greater, unless
7the department by rule specifies a different assessment:
SB173, s. 30 8Section 30. 126.46 (2) (c) of the statutes is amended to read:
SB173,12,139 126.46 (2) (c) If Except as provided in par. (e), if the milk contractor has filed
10an annual financial statement under s. 126.44 and that financial statement shows
11a current ratio of less than or equal to 1.05 to 1.0, the milk contractor's current ratio
12assessment rate equals the current ratio assessment factor in sub. (3) (b) multiplied
13by 0.1201478.
SB173, s. 31 14Section 31. 126.46 (2) (e) of the statutes is amended to read:
SB173,12,2215 126.46 (2) (e) If the milk contractor has not filed an annual financial statement
16under s. 126.44 and the milk contractor
procures producer milk in this state solely
17as a producer agent and the milk contractor has not filed an annual financial
18statement under s. 126.44 or has filed an annual financial statement that shows a
19current ratio of less than or equal to 1.05 to 1.0
, the milk contractor's current ratio
20assessment rate is 0.00025, except that, for the milk contractor's 5th or higher
21consecutive full license year of participation in the fund, the milk contractor's
22current ratio assessment rate is 0.000175.
SB173, s. 32 23Section 32. 126.46 (4) (c) of the statutes is amended to read:
SB173,13,324 126.46 (4) (c) If Except as provided in par. (e), if the milk contractor has filed
25an annual financial statement under s. 126.44 and that financial statement shows

1negative equity or a debt to equity ratio of at least 3.1 to 1.0, the milk contractor's
2debt to equity ratio assessment rate equals the debt to equity ratio assessment factor
3in sub. (5) (b) multiplied by 0.8146917.
SB173, s. 33 4Section 33. 126.46 (4) (e) of the statutes is amended to read:
SB173,13,125 126.46 (4) (e) If the milk contractor has not filed an annual financial statement
6under s. 126.44 and the milk contractor
procures producer milk in this state solely
7as a producer agent and the milk contractor has not filed an annual financial
8statement under s. 126.44 or has filed an annual financial statement that shows
9negative equity or a debt to equity ratio of at least 3.1 to 1.0
, the milk contractor's
10debt to equity ratio assessment rate is 0.00025, except that, for the milk contractor's
115th or higher consecutive full license year of participation in the fund, the milk
12contractor's debt to equity ratio assessment rate is 0.000175.
SB173, s. 34 13Section 34. 126.46 (5m) of the statutes is created to read:
SB173,13,1714 126.46 (5m) Reduced assessment for certain milk contractors filing
15security.
If a milk contractor files security under s. 126.47 (1) (b), the milk
16contractor's assessment is the amount determined under sub. (1) reduced by an
17amount determined as follows:
SB173,13,2018 (a) Divide the amount of security that the milk contractor is required to file as
19determined under s. 126.47 (3) (b) by the amount of the milk contractor's estimated
20default exposure, as defined in s. 126.47 (1) (b) 1.
SB173,13,2221 (b) Multiply the amount of the assessment determined under sub. (1) by the
22amount determined under par. (a).
SB173, s. 35 23Section 35. 126.47 (1) of the statutes is renumbered 126.47 (1) (a).
SB173, s. 36 24Section 36. 126.47 (1) (b) of the statutes is created to read:
SB173,14,2
1126.47 (1) (b) 1. In this paragraph, "estimated default exposure" means 75%
2of the amount last reported under s. 126.41 (6) (b) or (9).
SB173,14,83 2. A milk contractor shall file security with the department, and maintain that
4security until the department releases it under sub. (7) (am), if the milk contractor
5files an annual financial statement under s. 126.44 (1) that shows negative equity,
6a current ratio of less than 1.25 to 1.0, or a debt to equity ratio of more than 2.0 to
71.0 and the milk contractor's estimated default exposure is greater than the
8following amount:
SB173,14,99 a. For the license year beginning on May 1, 2003, $18,000,000.
SB173,14,1010 b. For the license year beginning on May 1, 2004, $19,000,000.
SB173,14,1111 c. For a license year that begins on May 1, 2005, or later, $20,000,000.
SB173, s. 37 12Section 37. 126.47 (3) of the statutes is renumbered 126.47 (3) (a), and 126.47
13(3) (a) (intro.), 1. and 2. (intro.), as renumbered, are amended to read:
SB173,14,1614 126.47 (3) (a) (intro.) A Except as provided in par. (b), a milk contractor who
15is required to file or maintain security under this section shall at all times maintain
16the following amount of security:
SB173,14,1817 1. Except as provided in par. (b) or (c) subd. 2. or 3., security equal to at least
1875% of the amount last reported under s. 126.41 (6) (b) or (9).
SB173,14,2119 2. (intro.) Except as provided in par. (c) subd. 3., for a milk contractor who
20procures milk in this state solely as a qualified producer agent, security equal to at
21least the following amounts:
SB173, s. 38 22Section 38. 126.47 (3) (b) of the statutes is created to read:
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