Wis. Admin. Code ATCP § ATCP 99.235

Current through November 25, 2024
Section ATCP 99.235 - Contributing grain warehouse keepers; fund assessments
(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).
(2) ASSESSMENT AMOUNT.
(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:
1. $100.
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.
(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:
1. $250.
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.
(3) REDUCED ASSESSMENT. A contributing grain warehouse keeper's annual fund assessment under sub. (1) is reduced by the following applicable amounts:
(a) The amount calculated under s. 126.30(5m), Stats., if the contributing grain warehouse keeper files security under s. 126.31(1) (b), Stats.
(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).
(c) The amount of any assessment reduction that applies under s. ATCP 99.255.
(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.
(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.
(b) The fund balance attributable to grain warehouse keepers was at least $500,000 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.

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 99.235

CR 07-073: cr. Register December 2008 No. 636, eff. 1-1-09.
Amended by, CR 18-061: am. (2) (a) 2., (b) 2., (4) (b), Register February 2020 No. 770, eff. 3/1/2020