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Bills from the 2009–10 session

Senate Bill 527

The agricultural producer security program, providing an exemption from emergency rule procedures, and granting rule-making authority

Topics: Agricultural credit, Agriculture, Trade and Consumer Protection, Department of, Dairy product: Regulation, Farm produce, Grain marketing

Became law

The governor signed it on May 12, 2010. It's ⁠.

  1. Introduced, passed

    Feb 9, 2010

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed Mar 4, 2010

  4. Assembly vote, passed

    Passed Apr 15, 2010

  5. Governor, passed

    Signed

  6. Law, here now

    2009 Wisconsin Act 296

Latest entry in the official record, May 13, 2010: “Published 5-26-2010”

Read the bill

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What it does

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

This bill makes changes in the agricultural producer security program, which is administered by the Department of Agriculture, Trade and Consumer Protection (DATCP). The program is designed to minimize the risk that milk contractors, grain dealers, grain warehouse keepers, and vegetable contractors (collectively referred to as contractors) will default on their financial obligations to dairy, grain, and vegetable farmers (producers) and to reimburse producers for a portion of the losses they incur when contractors do default. A milk contractor is a person who buys milk from producers. A grain dealer is a person who buys grain from producers. A grain warehouse keeper is a person who operates a warehouse for the storage of grain that belongs to others. A vegetable contractor is a person who buys vegetables from producers for use in food processing.

Contingent financial backing Current law requires certain contractors to contribute to the agricultural producer security fund (fund). If a contributing contractor defaults on its financial obligations to producers, DATCP makes payments to producers from the fund, up to a maximum deductible amount per default. Current law requires DATCP to obtain "contingent financial backing" to supplement the fund in case of a large default. The contingent financial backing may be in the form of a surety bond or a contract to provide a cash loan to the fund whenever DATCP requests a loan.

Read the full summary

Under this bill, DATCP may, but is not required to, obtain contingent financial backing for the fund. The bill also authorizes DATCP to obtain contingent financial backing in the form of trade credit insurance or in any other form that DATCP determines is appropriate.

Fund assessments Current law specifies the amounts of contractor fund assessments, but authorizes DATCP to change the amounts by rule. DATCP has changed the amounts of fund assessments for milk contractors, and this bill eliminates the statutory amounts of those assessments.

Current law requires DATCP to modify the amounts of fund assessments as necessary to keep the overall balance in the fund, and the balance attributable to each type of contractor, within specified limits. This bill authorizes DATCP to use emergency rule-making procedures, without making the finding of emergency that is ordinarily required, to modify fund assessments when the amount in the fund falls below one of the specified minimums. Such a rule may remain in effect for up to 24 months.

Financial statements Current law requires a contractor above a specified size threshold to file an annual financial statement with DATCP. The financial statement must be a reviewed statement or, for larger contractors, an audited statement.

This bill increases some of the thresholds above which contractors must file financial statements and above which contractors must file audited financial statements. This bill also changes the basis for determining whether a grain dealer or milk contractor must file an annual financial statement from the value of grain or milk procured to the volume of grain or milk procured.

License fees Current law requires contractors to pay license fees in amounts specified in the statutes unless DATCP specifies a different amount by rule. DATCP has specified different amounts by rule for grain dealers, grain warehouse keepers, and vegetable contractors, and this bill eliminates the statutory amounts for those fees. Under current law, license fees for grain dealers are based on the value of grain procured.

Under this bill, license fees for grain dealers are based on the volume of grain procured.

Disqualification from fund participation Under current law, a contractor may be disqualified from participating in the fund in specified situations. If a contractor who is disqualified defaults on payments to producers, no payments may be made from the fund to compensate producers for the losses resulting from the default. Current law authorizes DATCP to issue an order requiring a contractor to remedy a violation of the agricultural producer security law.

This bill authorizes DATCP to disqualify a contractor from participation in the fund pending compliance with an order requiring the contractor to remedy a violation of the agricultural producer security law. The bill also requires a contractor who is disqualified from the fund to notify producers of the disqualification.

Related entities and default claims Under this bill, a producer who owns a majority interest in a contractor or who is under common ownership with a contractor may waive eligibility to obtain payment from the fund if the contractor ever defaults. If a producer waives eligibility, the amount of the contractor's obligations to the producer is subtracted in determining the contractor's fund contribution and financial statement filing requirements.

The bill also requires DATCP to disallow a claim for payment from the fund, by a producer who did not waive eligibility, when a contractor defaults on payment to the producer if DATCP determines that allowing the claim would be unfair or unreasonable because the producer owns a majority interest in the contractor or is under common ownership with the contractor or because the producer had substantial management control over any of the defaulting contractor's operations involved in the default.

Other default claims disallowed This bill disallows a default claim if a defaulting contractor paid a producer by check but the producer failed to cash the check within 30 days.

Current law authorizes grain dealers and vegetable contractors to enter into deferred payment contracts with producers under certain conditions. A deferred payment contract is a contract under which payment is delayed for some time after the producer delivers the grain or vegetables under the contract.

Under the bill, a producer who enters into a deferred payment contract with a grain dealer may not recover from the fund in case of a default by the grain dealer if the payment under the contract became due more than 120 days after the producer delivered the grain to the grain dealer. Also, under the bill, a producer who enters into a deferred payment contract with a vegetable contractor may not recover from the fund in case of a default by the vegetable contractor if payment became due after January 31 of the year after the year in which the producer delivered the vegetables.

Milk contractor security requirements Current law requires certain milk contractors to file security with DATCP to secure payment of milk payroll obligations to producers. The determination of whether security must be filed is based in part on the milk contractor's highest amount of unpaid milk payroll obligations since the beginning of the contractor's last fiscal year.

Under this bill, a milk contractor may choose to have the determination of whether the contractor must file security based on the highest amount of the contractor's unpaid milk payroll obligations during the last 12 months or on the highest amount of milk payroll obligations incurred by the contractor in any month during the last 12 months. The bill makes related changes in the calculation of the amount of security that a milk contractor must file and in milk contractor reporting requirements.

Interfering with DATCP This bill prohibits a contractor from assaulting, threatening, intimidating, or otherwise interfering with an officer, employee, or agent of DATCP in the performance of his or her duties.

Who's behind it

4 senators are its ⁠. 3 are Democrats and 1 is a Republican.

12 more lawmakers ⁠.

See all 16 names

Authors (4)

Signed on in support (12)

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

How lawmakers voted

There was one vote on this bill.

Senate Committee on Agriculture and Higher Education vote to recommend it

Passed, 5 to 0 · Feb 24, 2010

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report passage recommended by committee on Agriculture and Higher Education, Ayes 5, Noes 0”. Official record · This vote on its own page

What happened

  1. May 13, 2010

    The new law was published.

  2. May 12, 2010

    The governor signed it. It became 2009 Wisconsin Act 296.

  3. May 11, 2010

    Sent to the governor.

  4. Apr 15, 2010

    The Assembly passed it too.

  5. Mar 5, 2010

    Sent to the Assembly Committee on Rules.

  6. Mar 5, 2010

    The Assembly received it.

  7. Mar 4, 2010

    The Senate passed it.

  8. Feb 24, 2010

    The committee voted to recommend passing it, 5 to 0.

  9. Feb 12, 2010

    1 more senator signed on in support.

  10. Feb 10, 2010

    The committee held a public hearing.

  11. Feb 10, 2010

    A state agency sent in its estimate of the cost.

  12. Feb 9, 2010

    Sent to the Senate Committee on Agriculture and Higher Education.

  13. Feb 9, 2010

    Introduced in the Senate.

See the official record, word for word
  1. Feb 9, 2010 · Senate

    Introduced by Senators Vinehout, Miller, Taylor and Harsdorf;Cosponsored by Representatives Vruwink, Jorgensen, Garthwaite, Smith, Hraychuck, Danou, Tauchen, Ripp, Dexter, Molepske Jr. and A. Ott

  2. Feb 9, 2010 · Senate

    Read first time and referred to committee on Agriculture and Higher Education

  3. Feb 10, 2010 · Senate

    Fiscal estimate received

  4. Feb 10, 2010 · Senate

    Public hearing held

  5. Feb 12, 2010 · Senate

    Senator Schultz added as a coauthor

  6. Feb 24, 2010 · Senate

    Executive action taken

  7. Feb 24, 2010 · Senate

    Report passage recommended by committee on Agriculture and Higher Education, Ayes 5, Noes 0

  8. Feb 24, 2010 · Senate

    Available for scheduling

  9. Mar 3, 2010 · Senate

    Placed on calendar 3-4-2010 pursuant to Senate Rule 18(1)

  10. Mar 4, 2010 · Senate

    Read a second time

  11. Mar 4, 2010 · Senate

    Ordered to a third reading

  12. Mar 4, 2010 · Senate

    Rules suspended

  13. Mar 4, 2010 · Senate

    Read a third time and passed

  14. Mar 4, 2010 · Senate

    Ordered immediately messaged

  15. Mar 5, 2010 · Assembly

    Received from Senate

  16. Mar 5, 2010 · Assembly

    Read first time and referred to committee on Rules

  17. Apr 13, 2010 · Assembly

    Made a special order of business at 11:33 A.M. on 4-15-2010 pursuant to Assembly Resolution 22

  18. Apr 15, 2010 · Assembly

    Read a second time

  19. Apr 15, 2010 · Assembly

    Ordered to a third reading

  20. Apr 15, 2010 · Assembly

    Rules suspended

  21. Apr 15, 2010 · Assembly

    Read a third time and concurred in

  22. Apr 15, 2010 · Assembly

    Ordered immediately messaged

  23. Apr 16, 2010 · Senate

    Received from Assembly concurred in

  24. Apr 23, 2010 · Senate

    Report correctly enrolled on 4-23-2010

  25. May 11, 2010 · Senate

    Presented to the Governor on 5-11-2010

  26. May 12, 2010 · Senate

    Report approved by the Governor on 5-12-2010. 2009 Wisconsin Act 296

  27. May 13, 2010 · Senate

    Published 5-26-2010

Terms on this page

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote