Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 99 - Grain Dealers And Grain Warehouse Keepers
Subchapter II - Grain Dealers
Section ATCP 99.126 - Contributing grain dealers; fund assessments

Current through August 26, 2024

(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).

(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.

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.

(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.

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.

(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.

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.

(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:

(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.

(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.

(4) REDUCED ASSESSMENT. A contributing grain dealer's annual fund assessment under sub. (1) is reduced by the following applicable amounts:

(a) The amount calculated under s. 126.15(6m), Stats., if the contributing grain dealer files security under s. 126.16(1) (c), Stats.

(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).

(c) The amount of any assessment reduction that applies under s. ATCP 99.135.

(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.

(a) The grain dealer was classified as a contributing grain dealer in each of the 5 license years immediately preceding that license year.

(b) The fund balance attributable to grain dealers was at least $3 million on May 31 of the last preceding license year.

(c) The overall fund balance was at least $11 million on May 31 of the last preceding license year.

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