ATCP 99.12(5)(b)
(b) The total amount that the grain dealer paid during the grain dealer's last completed fiscal year, and during each month of that fiscal year, for producer grain procured in this state using deferred payment contracts.
ATCP 99.12(5)(c)
(c) The total number of bushels of producer grain, procured in this state, for which the grain dealer paid during each of the following periods:
ATCP 99.12(5)(c)2.
2. Each month of the grain dealer's most recently completed fiscal year.
ATCP 99.12(6)(a)(a) Solely for the purpose of calculating the debt to equity ratio under s.
126.13 (6) (c) 2., Stats., a grain dealer may deduct liabilities identified in par.
(b) from liabilities reported in the grain dealer's financial statement filed under s.
126.13, Stats., if all the following apply:
ATCP 99.12(6)(a)1.
1. The individual liability adjustments and offsetting assets are disclosed in the financial statement notes or in an attachment to the financial statement.
ATCP 99.12(6)(a)2.
2. No individual liability adjustment exceeds the corresponding asset, identified in a note or attachment to the financial statement, that justifies that liability adjustment.
ATCP 99.12(6)(a)3.
3. Liability adjustments and offsetting assets are determined as of the date of the balance sheet.
ATCP 99.12(6)(b)1.
1. An amount that the grain dealer has borrowed from a lending institution and deposited with a commodities broker to maintain an account to hedge grain transactions. The amount deducted may not exceed the amount owed to the lending institution or the amount deposited in the hedge account with the commodities broker, whichever is less.
ATCP 99.12(6)(b)2.
2. An amount that the grain dealer has borrowed from a lending institution to buy grain that the grain dealer has sold and shipped, provided that the grain dealer has a collectible account receivable for that grain on the date of the balance sheet. The amount of the deduction may not exceed the amount receivable by the grain dealer or the amount owed to the lending institution, whichever is less.
ATCP 99.12(6)(b)3.
3. An amount, borrowed from a lending institution, that is secured by grain that the grain dealer owns, holds in inventory on the balance sheet date, and shows as inventory on the balance sheet. The amount deducted may not exceed the amount owed to the lending institution or the value of the grain dealer's grain given as security and held in inventory, whichever is less.
ATCP 99.12(6)(b)4.
4. An amount, borrowed from a lending institution, that the grain dealer has used to pay for fertilizer, pesticides, herbicides or seed that the grain dealer owns, holds in inventory on the balance sheet date, and shows as inventory on the balance sheet. The amount deducted may not exceed the amount owed to the lending institution or the cost of the fertilizer, pesticides, herbicides and seed purchased with the borrowed funds, whichever is less.
ATCP 99.12(7)
(7) Attachments. If information required under this section is contained in an attachment to a reviewed or audited financial statement filed under s.
126.13, Stats., the following requirements apply:
ATCP 99.12(7)(a)
(a) The attachment shall be on the letterhead of the certified public accountant who reviewed or audited the financial statement.
ATCP 99.12(7)(b)
(b) The certified public accountant who reviewed or audited the financial statement shall certify, in the attachment, whether the certified public accountant has reviewed or audited the attachment.
ATCP 99.12 History
History: CR 02-113: cr.
Register April 2003 No. 568, eff. 5-1-03;
CR 07-073: cr. (5) (c)
Register December 2008 No. 636, eff. 1-1-09.
ATCP 99.125
ATCP 99.125
Grain dealers; license fees and surcharges. A person applying for an annual grain dealer license under s.
126.11, Stats., shall pay all of the following license fees and surcharges, rather than the license fees and surcharges provided in s.
126.11 (4), Stats.:
ATCP 99.125(2)
(2) A fee obtained by multiplying the number of bushels reported under s.
ATCP 99.11 by 0.1 cent per bushel, and rounding the product to the nearest $100, except that the fee may not be less than $100 or more than $10,000.
ATCP 99.125(3)
(3) A fee of $100 per business location in excess of one business location.
ATCP 99.125(4)
(4) A surcharge of $500 if, within 365 days before submitting the license application, the applicant operated as a grain dealer without a license in violation of s.
126.11 (1), Stats. The applicant shall also pay any license fees, license surcharges, and fund assessments that are still due for any license year in which the applicant violated s.
126.11 (1), Stats.
ATCP 99.125(5)
(5) A surcharge of $100 if, within 365 days before submitting the license application, the applicant failed to file an annual financial statement required under s.
126.13 (1) (b), Stats., by the deadline specified in s.
126.13 (1) (c), Stats.
ATCP 99.125(6)
(6) A surcharge of $100 if the applicant was licensed as a grain dealer for the last preceding license year but failed to file a license renewal application before the annual license expiration date of August 31. This subsection does not apply to a grain dealer who is exempt from licensing under s.
126.11 (2), Stats., but is voluntarily licensed.
ATCP 99.125 History
History: CR 07-073: cr.
Register December 2008 No. 636, eff. 1-1-09.
ATCP 99.126
ATCP 99.126
Contributing grain dealers; fund assessments. ATCP 99.126(1)(1)
General. Except as provided in sub.
(5), a contributing grain dealer shall pay an annual fund assessment for each license year. The annual fund assessment shall be calculated under this section, rather than under s.
126.15 (1), Stats. Except as provided in sub.
(4) or
(5), the annual fund assessment shall equal the sum of the assessments in subs.
(2) and
(3).
ATCP 99.126(2)(a)
(a) A contributing grain dealer who reports less than $500,000 in grain payments under s.
126.11 (9) (a), Stats., shall pay a basic assessment equal to the greater of the following amounts:
ATCP 99.126(2)(a)2.
2. If the fund balance attributable to grain dealers is less than $6 million on May 31 of the last preceding license year, then the sum of the amounts calculated under s.
126.15 (1) (a) and
(b), Stats.
ATCP 99.126(2)(b)
(b) A contributing grain dealer who reports at least $500,000 but less than $3 million in grain payments under s.
126.11 (9) (a), Stats., shall pay a basic assessment equal to the greater of the following amounts:
ATCP 99.126(2)(b)2.
2. If the fund balance attributable to grain dealers is less than $6 million on May 31 of the last preceding license year, then the sum of the amounts calculated under s.
126.15 (1) (a) and
(b), Stats.
ATCP 99.126(2)(c)
(c) A contributing grain dealer who reports at least $3 million in grain payments under s.
126.11 (9) (a), Stats., shall pay a basic assessment equal to the greater of the following amounts:
ATCP 99.126(2)(c)2.
2. If the fund balance attributable to grain dealers is less than $6 million on May 31 of the last preceding license year, then the sum of the amounts calculated under s.
126.15 (1) (a) and
(b), Stats.
ATCP 99.126(3)
(3) Deferred payment assessment. A contributing grain dealer shall pay a deferred payment assessment equal to the amount the grain dealer reports under s.
126.11 (9) (b), Stats., in the grain dealer's license application for that license year multiplied by rates determined as follows:
ATCP 99.126(3)(a)
(a) If the fund balance attributable to grain dealers is greater than $6 million on May 31, the rate is 0.000875 for deferred payment contracts entered into anytime during the following license year.
ATCP 99.126(3)(b)
(b) If the fund balance attributable to grain dealers is not more than $6 million on May 31, the rate is 0.0035 for deferred payment contracts entered into anytime during the following license year.
ATCP 99.126(4)
(4) Reduced assessment. A contributing grain dealer's annual fund assessment under sub.
(1) is reduced by the following applicable amounts:
ATCP 99.126(4)(b)
(b) The amount of any refund that applies under s.
ATCP 99.13. The refund shall be paid as a credit against the contributing grain dealer's annual fund assessment for the next license year, as provided in s.
ATCP 99.13 (3).
ATCP 99.126(5)
(5) Exemption. A contributing grain dealer is not required to pay any fund assessment under this section for a license year, other than a deferred payment assessment required under sub.
(3), if all of the following apply.
ATCP 99.126(5)(a)
(a) The grain dealer was classified as a contributing grain dealer in each of the 5 license years immediately preceding that license year.
ATCP 99.126(5)(b)
(b) The fund balance attributable to grain dealers was at least $3 million on May 31 of the last preceding license year.
ATCP 99.126(5)(c)
(c) The overall fund balance was at least $11 million on May 31 of the last preceding license year.
ATCP 99.126 History
History: CR 07-073: cr.
Register December 2008 No. 636, eff. 1-1-09;
EmR1803: emerg. am. (2) (a) 2., (b) 2., (c) 2., r. and recr. (3), eff. 2-1-2018;
CR 17-047: am. (2) (a) 2., (b) 2., (c) 2., r. and recr. (3)
Register November 2019 No. 767, eff. 12-1-19.
ATCP 99.13
ATCP 99.13
Fund assessment temporarily affected by merger or acquisition; partial refund. ATCP 99.13(1)(1)
Partial refund of assessment. The department may refund part of an annual fund assessment paid by a contributing grain dealer under s.
126.15, Stats., if all of the following apply:
ATCP 99.13(1)(a)
(a) The grain dealer paid the full amount of the assessment, including any late payment penalties that apply under s.
126.15 (7) (d), Stats.
ATCP 99.13(1)(c)
(c) The assessment was based on the grain dealer's financial statement for the fiscal year in which the merger or acquisition under par.
(b) took effect.
ATCP 99.13(1)(d)
(d) The grain dealer's financial statement, for the fiscal year in which the merger or acquisition under par.
(b) took effect, caused the sum of the grain dealer's current ratio assessment rate under s.
126.15 (2), Stats., and debt to equity ratio assessment rate under s.
126.15 (4), Stats., to increase by at least 100% compared to the preceding license year.
ATCP 99.13(1)(e)
(e) The grain dealer's annual financial statements, for the fiscal years immediately preceding and immediately following the fiscal year in which the merger or acquisition under par.
(b) took effect, show positive equity, a current ratio of at least 1.25 to 1.00 and a debt to equity ratio of no more than 3.0 to 1.0.
ATCP 99.13(1)(f)
(f) In the license year immediately following the license year for which the grain dealer paid the assessment, the sum of the grain dealer's current ratio assessment rate under s.
126.15 (2), Stats., and debt to equity assessment rate under s.
126.15 (4), Stats., declines by at least 50% compared to the license year for which the grain dealer paid the assessment.
ATCP 99.13(1)(g)
(g) The grain dealer requests the refund in writing, by September 1 of the grain dealer's next license year.
ATCP 99.13(2)
(2) Refund amount. The amount of the refund under sub.
(1) shall equal 75% of the difference between the assessment amount paid by the grain dealer and the assessment amount required of the grain dealer in the next license year.
ATCP 99.13(3)
(3) Refund paid as credit against next year's assessment. ATCP 99.13(3)(a)(a) The department shall pay the refund under sub.
(1) as a credit against the grain dealer's assessment for the next license year. The department shall apportion the credit, pro rata, against the quarterly assessment installments required of the grain dealer under s.
126.15 (7), Stats., in that next license year. If the credit exceeds the total assessment required of the grain dealer in that next license year, the department shall credit the balance in the same fashion against assessments required of the grain dealer in subsequent consecutive license years, except that the department may not grant a credit in more than 4 subsequent license years.
ATCP 99.13(3)(b)
(b) The department may not pay any refund under sub.
(1), except in the manner prescribed in par.
(a). The department may not pay the refund to any person other than the grain dealer who paid the original assessment on which the refund is given.
ATCP 99.13 History
History: Emerg. cr. eff. 1-29-04;
CR 04-030: cr.
Register September 2004 No. 585, eff. 10-1-04.
ATCP 99.135
ATCP 99.135
Reduced fund assessment for contributing grain dealers who also maintain security. ATCP 99.135(1)(1)
Voluntary security. A licensed grain dealer may at any time file security with the department, regardless of whether the grain dealer is required to file security. Except as provided in sub.
(2), a voluntary security filing under this subsection does not relieve a grain dealer of any other obligation to file security or pay fund assessments.
ATCP 99.135 Note
Note: A grain dealer who files voluntary security under sub. (1) may be eligible for a reduction in fund assessments under sub. (2), and may be able to make a more favorable disclosure to producers under s.
ATCP 99.14 (2).
ATCP 99.135(2)
(2) Reduced assessment. If, for the duration of a license year, a contributing grain dealer maintains security under sub.
(1) in an amount that is at least equal to the grain dealer's estimated default exposure less the maximum fund reimbursement amount, the contributing grain dealer's annual fund assessment under s.
ATCP 99.126 (1) for that year is reduced by an amount that is determined as follows:
ATCP 99.135(2)(a)
(a) Subtract the maximum fund reimbursement from the grain dealer's estimated default exposure.
ATCP 99.135(2)(b)
(b) Divide the result in par.
(a) by the grain dealer's estimated default exposure.
ATCP 99.135 History
History: Emerg. cr. eff. 4-29-04;
CR 04-030: cr.
Register September 2004 No. 585, eff. 10-1-04;
CR 05-068: r. and recr. (1), am. (2) (intro.)
Register April 2006 No. 604, eff. 5-1-06;
CR 07-073: am. (2) (intro.), (c) and (d)
Register December 2008 No. 636, eff. 1-1-09; correction in (2) (intro.) made under s.
13.92 (4) (b) 7., Stats.,
Register June 2011 No. 666.
ATCP 99.14
ATCP 99.14
Grain dealer; disclosure to producers. ATCP 99.14(1)(1)
Disclosure required. A grain dealer shall make a disclosure under sub.
(2) to every grain producer and producer agent from whom the grain dealer procures producer grain in this state. The grain dealer shall make the disclosure, in the form prescribed under sub.
(2), in a written document given to the producer or producer agent. The disclosure shall be clear and conspicuous, and shall be set apart from every other writing. The grain dealer shall make the disclosure to a producer or producer agent at all of the following times:
ATCP 99.14(1)(a)
(a) The first time the grain dealer procures producer grain from that producer or producer agent.
ATCP 99.14(1)(b)
(b) The first time the grain dealer procures producer grain from that producer or producer agent during each license year.
ATCP 99.14(1)(c)
(c) The first time the grain dealer procures producer grain from that producer or producer agent following a change in circumstances that requires a different disclosure statement under sub.
(2).
ATCP 99.14(2)
(2) Form of disclosure. A disclosure under sub.
(1) shall consist of a verbatim copy of one of the following statements, as applicable:
ATCP 99.14(2)(a)
(a) The following statement if the grain dealer's estimated default exposure is equal to or less than the sum of the maximum fund reimbursement amount and any security amount the grain dealer has on file with the department:
IMPORTANT NOTICE
[Name of grain dealer] participates in Wisconsin's Agricultural Producer Security program. If we fail to pay you for grain when payment is due, you may file a claim under this program. The program may reimburse up to 80% of the first $60,000 of your allowed claim, and up to 75% of any additional amount. For more information, you may contact the Wisconsin Department of Agriculture, Trade and Consumer Protection, 2811 Agriculture Drive, P. O. Box 8911, Madison, WI 53708-8911 (phone 608/224-4998).
ATCP 99.14(2)(b)
(b) The following statement if the grain dealer's estimated default exposure exceeds the sum of the maximum fund reimbursement amount and any security amount the grain dealer has on file with the department:
IMPORTANT NOTICE
[Name of grain dealer] participates in Wisconsin's Agricultural Producer Security Program. If we fail to pay you for grain when payment is due, you may file a claim under this program. The program may provide some compensation. However, our “estimated default exposure" exceeds program coverage, and we have not filed security to cover the difference, so compensation may cover only a portion of your loss. For more information, you may contact the Wisconsin Department of Agriculture, Trade and Consumer Protection, 2811 Agriculture Drive, P. O. Box 8911, Madison, WI 53708-8911 (phone 608/224-4998).
ATCP 99.14 History
History: CR 02-113: cr.
Register April 2003 No. 568, eff. 5-1-03;
CR 04-030: cr. (2) (d)
Register September 2004 No. 585, eff. 10-1-04;
CR 05-068: r. and recr. (2)
Register April 2006 No. 604, eff. 5-1-06.
ATCP 99.16
ATCP 99.16
Grain dealers; receipts for grain. A grain purchase receipt required under s.
126.18, Stats., shall be one of the following:
ATCP 99.16(1)
(1) Legibly printed on a paper or other tangible non-electronic medium that is delivered to the producer.
ATCP 99.16(2)
(2) Delivered to the producer in a legible electronic form that the producer can readily retrieve, view, store, and print on paper for future reference.
