LRB-2626/1
RCT:jld:pg
2007 - 2008 LEGISLATURE
May 8, 2007 - Introduced by Senators Kreitlow, Kapanke, Hansen, Cowles, A.
Lasee, Olsen, Schultz
and Harsdorf, cosponsored by Representatives A. Ott,
Jorgensen, Hahn, Davis, Hilgenberg, Ballweg, Sheridan, Murtha, Owens,
Albers, Vruwink, Strachota, Tauchen, Molepske, Seidel, Hixson, Nelson,
Gronemus
and Smith. Referred to Committee on Agriculture and Higher
Education.
SB177,1,2 1An Act to amend 96.17 (1); and to create 96.11 (3) of the statutes; relating to:
2an assessment on growers that sell corn.
Analysis by the Legislative Reference Bureau
Current law authorizes the creation of marketing orders for agricultural
commodities, such as fruit, grain, and milk. A marketing order is issued by the
secretary of agriculture, trade and consumer protection and takes effect upon the
approval of producers of the agricultural commodity through a referendum. A
marketing order may provide for market research and development, for research to
improve production, and for programs to educate producers of the agricultural
commodity or the public. Every marketing order must establish a marketing board,
which carries out the activities under the marketing order. The activities of a
marketing board are financed with assessments paid by producers. Under current
law, a marketing order may allow a producer that does not favor the activities under
the marketing order to obtain a rebate of the assessments paid by the producer.
There is currently a marketing order for corn (other than sweet corn). The current
marketing order for corn provides for an assessment of 0.1 cent per bushel and allows
growers to obtain rebates.
This bill establishes an additional assessment of 0.4 cents per bushel that must
be paid by corn growers who are required to pay the assessment under the marketing
order for corn. The bill requires the marketing board for corn, known as the Corn
Promotion Board, to use the proceeds of this assessment for the purposes of the
marketing order. The bill allows a producer to obtain a rebate of the assessment
imposed under the bill. The bill specifies that the 0.4 cent per bushel assessment

ends on June 30, 2012, if corn producers approve a referendum to end the
assessment.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB177, s. 1 1Section 1. 96.11 (3) of the statutes is created to read:
SB177,2,62 96.11 (3) (a) 1. Except as provided under par. (c), a corn producer who sells corn
3that is subject to the assessment levied under sub. (1) under the marketing order for
4corn shall pay an additional assessment of 0.4 cents per bushel, to be collected and
5remitted to the marketing board in the manner provided in the marketing order for
6the assessment under sub. (1).
SB177,2,107 2. If the marketing order for corn provides for rebates under s. 96.13 (2), a
8producer to whom subd. 1. applies may obtain a rebate of the assessment paid under
9subd. 1. in the manner provided in the marketing order for obtaining a rebate of the
10assessment levied under sub. (1).
SB177,2,1211 (b) The marketing board for corn shall use the moneys received under par. (a)
12for the purposes of the marketing order for corn.
SB177,2,1813 (c) 1. The department shall conduct a referendum on whether to terminate the
14assessment under par. (a) if after June 30, 2011, and before January 1, 2012, 10
15percent of the producers who sell corn that is subject to the assessment levied under
16sub. (1) petition for a referendum. The assessment under par. (a) does not apply after
17June 30, 2012, if a referendum to terminate the assessment is approved by affected
18producers.
SB177,2,1919 2. If the marketing order for corn is terminated, pars. (a) and (b) do not apply.
SB177, s. 2 20Section 2. 96.17 (1) of the statutes is amended to read:
SB177,3,11
196.17 (1) Any due and payable assessment levied under a marketing order or
2under s. 96.11 (3) (a)
and every sum due under either a marketing order or agreement
3in a specified amount shall constitute a personal debt of every person so assessed or
4who is otherwise liable and the same sum shall be due and payable to the secretary
5or the marketing board according to the terms and conditions of the marketing order
6or agreement. In the event any person fails to pay the full amount of such assessment
7or such other sum on or before the due date, the secretary may add to such unpaid
8assessment or sum an amount not exceeding 10% of the amount due to defray the cost
9of enforcing collection. In the event any person fails to pay any due and payable
10assessment or sum, the secretary may bring a civil action against such person for
11collection, together with the above specified 10%.
SB177, s. 3 12Section 3. Effective date.
SB177,3,1413 (1) This act takes effect on the first day of the 4th month beginning after
14publication.
SB177,3,1515 (End)
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