Wisconsin Legislature: 001 - EmR1816 Rule Text

P.O. Box 8911

Madison, WI 53708-8911

telephone: (608) 224-5164

Finding of emergency

2017 Wisconsin Act 155 (Act 155) directs the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) to promulgate rules establishing an annual assessment rate for milk contractors entering into deferred payment contracts. Furthermore, Act 155 directs DATCP to promulgate these rules as emergency rules until the permanent rule takes effect. Notwithstanding Wis. Stat. § 227.24 (1) (a) and (3), Act 155 waives the requirement to provide evidence that promulgating this rule is necessary for the preservation of the public peace, health, safety, or welfare and waives the requirement to provide a finding of emergency. Act 155 became effective April 28, 2018, and requires DATCP to establish a milk contractor deferred payment assessment rate by emergency rule that may remain in effect for up to 24 months while permanent rules are being developed.

Emergency rule

Section 1. EmR1803 Section 3. ATCP 100.135 (1) is amended to read:

(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 is the sum of the deferred payment assessment in sub. (1m) and the greater of the minimum assessment amount listed in sub. (9) or the sum of the following multiplied by 0.8, whichever is greater:

Section 2. ATCP 100.135 (1m) is created to read:

(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.

Section 3. ATCP 100.135 (10) (intro.) is amended to read:

(10) Exemption. A contributing milk contractor is not required to pay any fund assessment under this section for a license year, other than a deferred payment assessment required under sub. (1m), if all of the following apply:

Section 4. Effective date: This emergency rule takes effect on August 1, 2018, and remains in effect for two years. The department implements this emergency rule as provided in Wis. Stat. § 126.81 (2m) (b) and 2017 Wisconsin Act 155.

Dated this ____ day of _________, 2018.

WISCONSIN DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION

By: _______________________________

Sheila Harsdorf

Secretary