David A. Woldseth
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone (608) 224-5164
Where and When Comments May Be Submitted
Questions and comments related to this rule may be directed to:
David A. Woldseth
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone (608) 224-5164
Rule comments will be accepted up to two weeks after the last public hearing is held on this rule.
Section 1. ATCP 99.126 (2) is amended to read:
(2) Basic assessment.
(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: 1. $100, or;.
2. If the fund balance attributable to grain dealers is less than $6 million on May 31 of the last preceding license year, then Tthe sum of the amounts calculated under s. 126.15 (1) (a) and (b), Stats. (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: 1. $200, or;.
2. If the fund balance attributable to grain dealers is less than $6 million on May 31 of the last preceding license year, then Tthe sum of the amounts calculated under s. 126.15 (1) (a) and (b), Stats. (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: 1. $500, or;.
2. If the fund balance attributable to grain dealers is less than $6 million on May 31 of the last preceding license year, then tThe sum of the amounts calculated under s. 126.15 (1) (a) and (b), Stats. Section 2. ATCP 99.126 (3) is repealed and replaced:
(3) Deferred payment assessment. (a) A contributing grain dealer shall apply a deferred payment assessment rate of 0.000875 to deferred payment contracts entered into on or after September 1, if the fund balance attributable to grain dealers is greater than $6 million on May 31 of the last preceding license year.
(b) A contributing grain dealer shall apply a deferred payment assessment rate of 0.0035 to deferred payment contracts entered on or after September 1, if the fund balance attributable to grain dealers is not more than $6 million on May 31 of the last preceding license year.
(c) A contributing grain dealer shall pay a deferred payment assessment equal to the amount, if any, that the grain dealer paid to producers under deferred payment contracts during the 12 months ended June 30th of the preceding license year multiplied by rates that applied to those contracts as specified under par. (a) and (b).
A contributing grain dealer shall pay a deferred payment assessment equal to 0.0035 multiplied by the amount, if any, that the grain dealer reports under s. 126.11 (9) (b), Stats., in the grain dealer's license application for that license year. Section 3. ATCP 100.135 is amended to read:
ATCP 100.135 Contributing milk contractors; fund assessments. (1) General. A contributing milk contractor shall pay an annual fund assessment for each license year. The annual fund assessment shall be calculated under this section, rather than under s. 126.46, Stats. Except as provided in sub. (6) or (10), or s. ATCP 100.13, the annual fund assessment amount is the minimum assessment amount listed in sub. (9) or the sum of the following multiplied by 0.8, whichever is greater: Section 4. ATCP 101.245 is amended to read:
(2) Assessment amount.
(a) A contributing vegetable contractor that reports less than $500,000 in contract obligations under s. 126.56 (9) (am), Stats., shall pay an annual fund assessment equal to the sum of the amount determined under par. (d) and the greater of the following amounts: 2. The sum of the amounts calculated under s. 126.60 (1) (a) and (b), Stats. If all of the contract obligations reported by the vegetable contractor under s. 126.56 (9) (am), Stats., were made under written contracts where payments were required no more than 30 days after taking custody or control of the vegetables, then further divide this amount by 2. (b) A contributing vegetable contractor that reports at least $500,000 but less than $4 million in contract obligations under s. 126.56 (9) (am), Stats., shall pay an annual fund assessment equal to the sum of the amount determined under par. (d) and the greater of the following amounts: 1. $200, or;.
2. The sum of the amounts calculated under s. 126.60 (1) (a) and (b), Stats. If all of the contract obligations reported by the vegetable contractor under s. 126.56 (9) (am), Stats., were made under written contracts where payments were required no more than 30 days after taking custody or control of the vegetables, then further divide this amount by 2. (c) A contributing vegetable contractor who reports $4 million or more in contract obligations under s. 126.56 (9) (am), Stats., shall pay an annual fund assessment equal to the sum of the amount determined under par. (d) and the greater of the following amounts: 1. $500, or;.
2. The sum of the amounts calculated under s. 126.60 (1) (a) and (b), Stats. If all of the contract obligations reported by the vegetable contractor under s. 126.56 (9) (am), Stats., were made under written contracts where payments were required no more than 30 days after taking custody or control of the vegetables, then further divide this amount by 2. (d) If the fund balance attributable to vegetable contractors is less than $800,000 on November 30 of the last preceding license year, then the lesser of:
1. $50,000, or;
2. The amount of contract obligations under s. 126.56 (9) (am), Stats., multiplied by 0.002. 3. If all of the contract obligations reported by the vegetable contractor under s. 126.56 (9) (am), Stats., were made under written contracts where payments were required no more than 30 days after taking custody or control of the vegetables, then divide the amounts under subd. 1. and 2. by 2. Section 5. Effective date: This rule takes effect on the first day of the month following publication in the Wisconsin administrative register, as provided in s. 227.22 (2) (intro.), Stats.
