Section 99.126. Contributing grain dealers; fund assessments.

 

(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. 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. 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. 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 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.

(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.

CR 07-073 : cr. Register December 2008 No. 636 , eff. 1-1-09.