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ATCP 100.13
ATCP 100.13
Fund assessment temporarily affected by merger or acquisition; partial refund.

ATCP 100.13(1)(1)
Partial refund of assessment. The department may refund part of an annual fund assessment paid by a contributing milk contractor under s. ATCP 100.135 if all of the following apply:

ATCP 100.13(1)(a)
(a) The milk contractor paid the full amount of the assessment, including any late payment penalties that apply under s. ATCP 100.135 (7) (e).

ATCP 100.13(1)(b)
(b) The milk contractor is the surviving entity in a merger under s. 179.77, 180.1101, 183.1201 or 185.61, Stats., or has acquired property pursuant to a sale of assets under s. 180.1202, Stats.

ATCP 100.13(1)(c)
(c) The assessment was based on the milk contractor's financial statement for the fiscal year in which the merger or acquisition under par. (b) took effect.

ATCP 100.13(1)(d)
(d) The milk contractor's financial statement, for the fiscal year in which the merger or acquisition under par. (b) took effect, caused the sum of the milk contractor's current ratio assessment rate under s. ATCP 100.135 (2) and debt to equity ratio assessment rate under s. ATCP 100.135 (4), to increase by at least 100% compared to the preceding license year.

ATCP 100.13(1)(e)
(e) The milk contractor's annual financial statements, for the fiscal years immediately preceding and immediately following the fiscal year in which the merger or acquisition under par. (b) took effect, show positive equity, a current ratio of at least 1.25 to 1.00 and a debt to equity ratio of no more than 3.0 to 1.0.

ATCP 100.13(1)(f)
(f) In the license year immediately following the license year for which the milk contractor paid the assessment, the sum of the milk contractor's current ratio assessment rate under s. ATCP 100.135 (2) and debt to equity assessment rate under s. ATCP 100.135 (2) declines by at least 50% compared to the license year for which the milk contractor paid the assessment.

ATCP 100.13(1)(g)
(g) The milk contractor requests the refund in writing, by May 1 of the milk contractor's next license year.

ATCP 100.13(2)
(2) Refund amount. The amount of the refund under sub. (1) shall equal 75% of the difference between the assessment amount paid by the milk contractor and the assessment amount required of the milk contractor in the next license year.

ATCP 100.13(3)(a)(a) The department shall pay the refund under sub. (1) as a credit against the milk contractor's assessment for the next license year. The department shall apportion the credit, pro rata, against the quarterly assessment installments required of the milk contractor under s. ATCP 100.135 (7) in that next license year. If the credit exceeds the total assessment required of the milk contractor in that next license year, the department shall credit the balance in the same fashion against assessments required of the milk contractor in subsequent consecutive license years, except that the department may not grant a credit in more than 4 subsequent license years.

ATCP 100.13(3)(b)
(b) The department may not pay any refund under sub. (1), except in the manner prescribed in par. (a). The department may not pay the refund to any person other than the milk contractor who paid the original assessment on which the refund is given.

ATCP 100.13 History
History: Emerg. cr. eff. 1-29-04; CR 04-030: cr. Register September 2004 No. 585, eff. 10-1-04; CR 07-073: am. (1) (intro.), (a), (d) and (3) (a) Register December 2008 No. 636, eff. 1-1-09; correction in (1) (f) made under s. 13.92 (4) (b) 7., Stats., Register June 2011 No. 666.

ATCP 100.135(1)(1)
General. A contributing milk contractor shall pay an annual fund assessment for each license year. The annual fund assessment shall be calculated under this section, rather than under s. 126.46, Stats. Except as provided in sub. (6) or (10), or s. ATCP 100.13, the annual fund assessment amount shall equal the sum of the assessments in subs. (1e) and (1m).

ATCP 100.135(1)(a)
(a) The milk contractor's current ratio assessment. The current ratio assessment for a license year equals the milk contractor's current ratio assessment rate under sub. (2) multiplied by the annual milk payroll obligations reported under s. 126.41 (6) (a), Stats., in the milk contractor's license application for that license year.

ATCP 100.135(1)(b)
(b) The milk contractor's debt to equity ratio assessment. The debt to equity ratio assessment for a license year equals the milk contractor's debt to equity ratio assessment rate under sub. (4) multiplied by the annual milk payroll obligations reported under s. 126.41 (6) (a), Stats., in the milk contractor's license application for that license year.

ATCP 100.135(1e)
(1e)
Basic assessment. A contributing milk contractor shall pay a basic assessment equal to the minimum assessment amount listed in sub. (9) or the sum of the following multiplied by 0.8, whichever is greater:

ATCP 100.135(1e)(a)
(a) The milk contractor's current ratio assessment. The current ratio assessment for a license year equals the milk contractor's current ratio assessment rate under sub. (2) multiplied by the annual milk payroll obligations reported under s. 126.41 (6) (a), Stats., in the milk contractor's license application for that license year.

ATCP 100.135(1e)(b)
(b) The milk contractor's debt to equity ratio assessment. The debt to equity ratio assessment for a license year equals the milk contractor's debt to equity ratio assessment rate under sub. (4) multiplied by the annual milk payroll obligations reported under s. 126.41 (6) (a), Stats., in the milk contractor's license application for that license year.

ATCP 100.135(1m)
(1m) Deferred payment assessment.
A contributing milk contractor shall pay a deferred payment assessment under s. 126.485 (5), Stats., equal to the amount the milk contractor reports under s. 126.41 (6) (ag), Stats., in the milk contractor's license application for that license year multiplied by 0.0035.

ATCP 100.135(2)
(2) Current ratio assessment rate. A milk contractor's current ratio assessment rate is calculated, at the beginning of the license year, as follows:

ATCP 100.135(2)(a)
(a) If the milk contractor has filed an annual financial statement under s. 126.44, Stats., and that financial statement shows a current ratio of at least 1.25 to 1.0, the milk contractor's current ratio assessment rate equals the greater of zero or the current ratio assessment factor in sub. (3) (a) multiplied by an amount determined as follows:

ATCP 100.135(2)(a)1.
1. Subtract 3 from the current ratio.

ATCP 100.135(2)(a)5.
5. Divide 0.55 by the current ratio.

ATCP 100.135(2)(a)7.
7. Add the amount determined under subd. 4. to the amount determined under subd. 6.

ATCP 100.135(2)(b)
(b) If the milk contractor has filed an annual financial statement under s. 126.44, Stats., and that financial statement shows a current ratio of less than 1.25 to 1.0, but greater than 1.05 to 1.0, the milk contractor's current ratio assessment rate equals the current ratio assessment factor in sub. (3) (b) multiplied by an amount determined as follows:

ATCP 100.135(2)(b)1.
1. Subtract 3 from the current ratio.

ATCP 100.135(2)(b)5.
5. Divide 0.55 by the current ratio.

ATCP 100.135(2)(b)7.
7. Add the amount determined under subd. 4. to the amount determined under subd. 6.

ATCP 100.135(2)(c)
(c) Except as provided in par. (e), if the milk contractor has filed an annual financial statement under s. 126.44, Stats., and that financial statement shows a current ratio of less than or equal to 1.05 to 1.0, the milk contractor's current ratio assessment rate equals the current ratio assessment factor in sub. (3) (b) multiplied by 0.1201478.

ATCP 100.135(2)(d)
(d) Except as provided in par. (e), if the milk contractor has not filed an annual financial statement under s. 126.44, Stats., the milk contractor's current ratio assessment rate equals the current ratio assessment factor in sub. (3) (b) multiplied by 0.103005.

ATCP 100.135(2)(e)
(e) If the milk contractor procures producer milk in this state solely as a producer agent and the milk contractor has not filed an annual financial statement under s. 126.44, Stats., or has filed an annual financial statement that shows a current ratio of not more than 1.05 to 1.0, the milk contractor's current ratio assessment rate is 0.00025, except that for the milk contractor's 5th or higher consecutive full license year of participation in the fund the milk contractor's current ratio assessment rate is 0.000175.

ATCP 100.135(3)(a)(a) A milk contractor's current ratio assessment factor under sub. (2) (a) is 0.001, except as follows:

ATCP 100.135(3)(a)1.
1. For the milk contractor's 3rd consecutive full license year as a contributing milk contractor, the milk contractor's current ratio assessment factor is 0.0007.

ATCP 100.135(3)(a)2.
2. For the milk contractor's 4th consecutive full license year as a contributing milk contractor, the milk contractor's current ratio assessment factor is 0.0003.

ATCP 100.135(3)(a)3.
3. For the milk contractor's 5th or higher consecutive full license year as a contributing milk contractor, the milk contractor's current ratio assessment factor is zero.

ATCP 100.135(3)(b)
(b) A milk contractor's current ratio assessment factor under sub. (2) (b) to (d) is 0.0015, except that, for the milk contractor's 5th or higher consecutive full license year of participation in the fund, the milk contractor's current ratio assessment factor is 0.000675.

ATCP 100.135(4)
(4) Debt to equity assessment rate. A milk contractor's debt to equity ratio assessment rate is calculated, at the beginning of the license year, as follows:

ATCP 100.135(4)(a)
(a) If the milk contractor has filed an annual financial statement under s. 126.44, Stats., and that financial statement shows positive equity and a debt to equity ratio of not more than 2.0 to 1.0, the milk contractor's debt to equity ratio assessment rate equals the greater of zero or the debt to equity ratio assessment factor in sub. (5) (a) multiplied by an amount determined as follows:

ATCP 100.135(4)(a)1.
1. Subtract 2 from the debt to equity ratio.

ATCP 100.135(4)(a)4.
4. Divide the debt to equity ratio by 3.25.

ATCP 100.135(4)(a)6.
6. Add the amount determined under subd. 3. to the amount determined under subd. 5.

ATCP 100.135(4)(b)
(b) If the milk contractor files an annual financial statement under s. 126.44, Stats., and that financial statement shows a debt to equity ratio of greater than 2.0 to 1.0 but less than 2.9 to 1.0, the milk contractor's debt to equity ratio assessment rate equals the debt to equity ratio assessment factor in sub. (5) (b) multiplied by an amount determined as follows:

ATCP 100.135(4)(b)1.
1. Subtract 2 from the debt to equity ratio.

ATCP 100.135(4)(b)4.
4. Divide the debt to equity ratio by 3.25.

ATCP 100.135(4)(b)6.
6. Add the amount determined under subd. 3. to the amount determined under subd. 5.

ATCP 100.135(4)(c)
(c) Except as provided in par. (e), if the milk contractor has filed an annual financial statement under s. 126.44, Stats., and that financial statement shows negative equity, or a debt to equity ratio of at least 2.9 to 1.0, the milk contractor's debt to equity ratio assessment rate equals the debt to equity ratio assessment factor in sub. (5) (b) multiplied by 0.590704.

ATCP 100.135(4)(d)
(d) Except as provided in par. (e), if the milk contractor has not filed an annual financial statement s. 126.44, Stats., the milk contractor's debt to equity ratio assessment rate equals the debt to equity ratio assessment factor in sub. (5) (b) multiplied by 0.11325375.

ATCP 100.135(4)(e)
(e) If the milk contractor procures producer milk in this state solely as a producer agent and the milk contractor has not filed an annual financial statement under s. 126.44, Stats., or has filed an annual financial statement that shows negative equity or a debt to equity ratio of at least 2.9 to 1.0, the milk contractor's debt to equity ratio assessment rate is 0.00025, except that for the milk contractor's 5th or higher consecutive full license year of participation in the fund the milk contractor's debt to equity ratio assessment rate is 0.000175.

ATCP 100.135(5)(a)(a) A milk contractor's debt to equity ratio assessment factor under sub. (4) (a) is 0.0015, except as follows:

ATCP 100.135(5)(a)1.
1. For the milk contractor's 3rd consecutive full license year as a contributing milk contractor, the milk contractor's debt to equity ratio assessment factor is 0.001.

ATCP 100.135(5)(a)2.
2. For the milk contractor's 4th consecutive full license year as a contributing milk contractor, the milk contractor's debt to equity ratio assessment factor is 0.0005.

ATCP 100.135(5)(a)3.
3. For the milk contractor's 5th or higher consecutive full license year as a contributing milk contractor, the milk contractor's debt to equity ratio assessment factor is zero.

ATCP 100.135(5)(b)
(b) A milk contractor's debt to equity ratio assessment factor under sub. (4) (b) to (d) is 0.00225, except that, for the milk contractor's 5th or higher consecutive full license year as a contributing milk contractor, the milk contractor's debt to equity ratio assessment factor is 0.001.

ATCP 100.135(6)(a)
(a) If a contributing milk contractor files security under s. 126.47 (1) (b), Stats., the milk contractor's fund assessment under sub. (1) is reduced by the amount provided in s. 126.46 (5m), Stats. This reduction is in addition to any reduction provided under par. (b).

ATCP 100.135(6)(b)
(b) If a contributing milk contractor files security under par. (d) in an amount that is at least equal to the milk contractor's estimated default exposure less the maximum fund reimbursement amount, the milk contractor's annual fund assessment under sub. (1) for that year is reduced by an amount that is determined as follows:

ATCP 100.135(6)(b)1.
1. Subtract the maximum fund reimbursement from the milk contractor's estimated default exposure.

ATCP 100.135(6)(b)2.
2. Divide the result in subd. 1. by the milk contractor's estimated default exposure.

ATCP 100.135(6)(b)3.
3. Multiply the results in subd. 2. by the amount of the milk contractor's annual fund assessment under sub. (1).

ATCP 100.135(6)(c)
(c) Notwithstanding pars. (a) and (b), no contributing milk contractor may pay a fund assessment that is less than the minimum fund assessment under sub. (9).

ATCP 100.135(6)(d)
(d) A milk contractor may at any time file security with the department, regardless of whether the milk contractor is required to file security. Except as provided in par. (b), a voluntary security filing under this paragraph does not relieve a milk contractor of any other obligation to file security or pay fund assessments.

ATCP 100.135 Note
Note: A milk contractor who files voluntary security under par. (d) may be eligible for a reduction in fund assessments under par. (b), and may be able to make a more favorable disclosure to producers under s. ATCP 100.20 (2).

ATCP 100.135(7)(a)
(a) A contributing milk contractor shall pay the milk contractor's annual fund assessment in equal quarterly installments that are due as follows:

ATCP 100.135(7)(a)1.
1. The first installment is due on June 1 of the license year.

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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.