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 HistoryHistory: Emerg. cr. eff. 1-29-04; CR 04-030: cr. Register September 2004 No. 585, eff. 10-1-04. ATCP 99.135ATCP 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 NoteNote: 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 HistoryHistory: 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 99.14ATCP 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 99.16ATCP 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. ATCP 99.16 HistoryHistory: CR 04-030: cr. Register September 2004 No. 585, eff. 10-1-04. ATCP 99.20ATCP 99.20 General requirements. A grain warehouse keeper shall comply with applicable requirements in ch. 126, Stats. ATCP 99.20 HistoryHistory: CR 02-113: cr. Register April 2003 No. 568, eff. 5-1-03. ATCP 99.22ATCP 99.22 Grain warehouse keeper licensing. ATCP 99.22(1)(a)(a) The capacity of a grain warehouse, for purposes of ch. 126, Stats., is the sum of the capacities of the grain bins comprising that grain warehouse. To calculate the capacity of each grain bin, divide the number of cubic feet in that bin by 1.244 cubic feet per bushel and then multiply the result by the appropriate pack factor under par. (b). If not all walls of the grain bin are vertical, calculate the capacity of each vertical foot of the bin and add those capacities to obtain the total capacity of the bin. ATCP 99.22(1)(b)(b) The pack factor under par. (a) is shown in the following table, based on the shape of the grain bin as viewed from above and the bushels per foot calculated according to par. (c). If not all walls of the grain bin are vertical, determine the pack factor for each vertical foot of the grain bin based on the bushels per foot for that vertical foot and the horizontal cross-sectional shape of the grain bin at that level. ATCP 99.22(1)(c)(c) To calculate bushels per foot, for purposes of par. (b), divide the number of square feet in the floor of the grain bin by 1.244 cubic feet per bushel. If not all walls of the grain bin are vertical, calculate bushels per foot for each vertical foot of the grain bin based on the number of square feet in a horizontal cross-section of the grain bin at that level. ATCP 99.23ATCP 99.23 Grain warehouse keepers; license fees and surcharges. A person applying for an annual grain warehouse keeper license under s. 126.26, Stats., shall pay the following license fees and surcharges, rather than the license fees and surcharges provided in s. 126.26 (3), Stats.: ATCP 99.23(1)(1) A nonrefundable license processing fee of $25 plus $25 for each grain warehouse identified under s. 126.26 (2) (d), Stats. If a grain warehouse keeper operates 2 or more grain warehouses located within 0.5 mile of each other, the grain warehouse keeper may treat those grain warehouses as a single grain warehouse for purposes of this subsection and sub. (3). ATCP 99.23(2)(2) An inspection fee obtained by multiplying the combined grain warehouse capacity reported under s. 126.26 (2) (e), Stats., by 0.25 cent per bushel, rounding the product to the nearest $1,000, and then subtracting any credit provided under s. 126.26 (5), Stats., except that the inspection fee may not be less than $1,000 or more than $10,000. ATCP 99.23(3)(3) A supplementary inspection fee of $275 for each grain warehouse, in excess of one grain warehouse, that the applicant operates. ATCP 99.23(4)(4) A surcharge of $500 if, within 365 days before submitting the license application, the applicant operated as a grain warehouse keeper in violation of s. 126.26 (1), Stats. 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 s. 126.26 (1), Stats. ATCP 99.23(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. 126.28 (1) (b), Stats., by the applicable deadline. ATCP 99.23(6)(6) A surcharge of $100 if the applicant was licensed as a grain warehouse keeper for the last preceding license year but failed to file a license renewal application before the annual license expiration date of August 31. ATCP 99.23 HistoryHistory: CR 07-073: cr. Register December 2008 No. 636, eff. 1-1-09. ATCP 99.235ATCP 99.235 Contributing grain warehouse keepers; fund assessments. ATCP 99.235(1)(1) General. Except as provided in sub. (4), a contributing grain warehouse keeper shall pay an annual fund assessment for each license year. The annual fund assessment shall be calculated under this section, rather than under s. 126.30 (1), Stats. Except as provided in sub. (3) or (4), the annual fund assessment shall be calculated according to sub. (2). ATCP 99.235(2)(a)(a) A contributing grain warehouse keeper who operates grain warehouses with a combined capacity of less than 500,000 bushels shall pay an annual fund assessment equal to the greater of the following amounts: ATCP 99.235(2)(a)2.2. If the fund balance attributable to grain warehouse keepers is less than $1 million on May 31 of the last preceding license year, then the sum of the amounts calculated under s. 126.30 (1) (a) and (b), Stats., multiplied by 1.5. ATCP 99.235(2)(b)(b) A contributing grain warehouse keeper who operates grain warehouses with a combined capacity greater than 500,000 bushels shall pay an annual fund assessment equal to the greater of the following amounts: ATCP 99.235(2)(b)2.2. If the fund balance attributable to grain warehouse keepers is less than $1 million on May 31 of the last preceding license year, then the sum of the amounts calculated under s. 126.30 (1) (a) and (b), Stats. ATCP 99.235(3)(3) Reduced assessment. A contributing grain warehouse keeper’s annual fund assessment under sub. (1) is reduced by the following applicable amounts: ATCP 99.235(3)(b)(b) The amount of any refund that applies under s. ATCP 99.25. The refund shall be paid as a credit against the contributing grain warehouse keeper’s annual fund assessment for the next license year, as provided in s. ATCP 99.25 (3). ATCP 99.235(4)(4) Exemption. A contributing grain warehouse keeper is not required to pay any fund assessment under this section for a license year if all of the following apply. ATCP 99.235(4)(a)(a) The grain warehouse keeper was classified as a contributing grain warehouse keeper in each of the 5 license years immediately preceding that license year. ATCP 99.235(4)(b)(b) The fund balance attributable to grain warehouse keepers was at least $500,000 on May 31 of the last preceding license year. ATCP 99.235(4)(c)(c) The overall fund balance was at least $11 million on May 31 of the last preceding license year. ATCP 99.235 HistoryHistory: CR 07-073: cr. Register December 2008 No. 636, eff. 1-1-09; CR 18-061: am. (2) (a) 2., (b) 2., (4) (b), Register February 2020 No. 770 eff. 3-1-20. ATCP 99.24ATCP 99.24 Grain warehouse keeper; financial statement. ATCP 99.24(1)(1) General. A grain warehouse keeper’s financial statement, filed under s. 126.28, Stats., shall comply with this section and s. 126.28, Stats. ATCP 99.24(2)(2) Liability disclosures. A financial statement shall include a detailed description of all notes, mortgages and other long-term liabilities not due or payable within one year. The description shall be included in the financial statement notes, or as an attachment to the financial statement. The description shall indicate the nature of the liabilities, the due dates and the payment terms. ATCP 99.24(3)(3) Liability classification. A financial statement shall classify, as current liabilities, notes payable that do not have specific due dates. ATCP 99.24(4)(a)(a) A financial statement shall specifically identify and explain, in the financial statement notes or as an attachment to the financial statement, the following assets: ATCP 99.24(4)(a)1.1. Every non-trade note or account receivable from an officer, director, employee, partner, or stockholder, or from a member of the family of any of those individuals. ATCP 99.24(4)(a)2.2. Every note or account receivable from a parent organization, a subsidiary, or an affiliate, other than an employee. ATCP 99.24(4)(a)3.3. Every note or account that has been receivable for more than one year, unless the grain warehouse keeper has established an offsetting reserve for uncollectible notes and accounts receivable. ATCP 99.24(4)(b)(b) A financial statement shall include at least one of the following: ATCP 99.24(4)(b)1.1. An allowance for doubtful or uncollectible receivables. The notes to the financial statement shall describe the method used to account for doubtful or uncollectible receivables. ATCP 99.24(5)(5) Additional information. A financial statement shall separately and clearly disclose, in the financial statement notes or as an attachment to the financial statement, all of the following information for each kind of grain as of the date of the balance sheet: ATCP 99.24(5)(a)(a) The total number of bushels of grain in the warehouse keeper’s warehouse. ATCP 99.24(5)(b)(b) The total number of bushels of grain forwarded to another warehouse keeper, for which the warehouse keeper filing the financial statement holds a warehouse receipt. ATCP 99.24(5)(d)(d) The total number of bushels of grain that the warehouse keeper is obligated to store for depositors who hold original negotiable warehouse receipts issued by the warehouse keeper. ATCP 99.24(5)(e)(e) The total number of bushels of grain that the warehouse keeper is obligated to store for depositors who hold original nonnegotiable warehouse receipts issued by the warehouse keeper. ATCP 99.24(5)(f)(f) The total number of bushels of grain that the warehouse keeper is obligated to store for depositors who hold scale tickets or other types of receipts, except for negotiable and nonnegotiable warehouse receipts, issued by the warehouse keeper. ATCP 99.24(5)(g)(g) The combined total bushels of grain, under pars. (d) to (f), that the warehouse keeper is obligated to store for depositors. ATCP 99.24(5)(h)(h) The total number of bushels of grain to which the warehouse keeper claims title. ATCP 99.24(5)(i)(i) The total number of bushels of grain for which the warehouse keeper has issued outstanding negotiable warehouse receipts that are held as collateral by creditors. ATCP 99.24(6)(a)(a) Solely for the purpose of calculating the debt to equity ratio under s. 126.28 (6) (c) 2., Stats., a grain warehouse keeper may deduct liabilities identified under par. (b) from liabilities reported in the grain warehouse keeper’s financial statement if all the following apply:
