Chapter ATCP 100

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 ATCP 100.135 Contributing milk contractors; fund assessments.

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(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)2. 2. Divide the amount determined under subd. 1. by 6.

ATCP 100.135(2)(a)3. 3. Multiply the amount determined under subd. 2. by negative one.

ATCP 100.135(2)(a)4. 4. Raise the amount determined under subd. 3. to the 3rd power.

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

ATCP 100.135(2)(a)6. 6. Raise the amount determined under subd. 5. to the 7th power.

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)(a)8. 8. Add 0.075 to the amount determined under subd. 7.

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)2. 2. Divide the amount determined under subd. 1. by 6.

ATCP 100.135(2)(b)3. 3. Multiply the amount determined under subd. 2. by negative one.

ATCP 100.135(2)(b)4. 4. Raise the amount determined under subd. 3. to the 3rd power.

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

ATCP 100.135(2)(b)6. 6. Raise the amount determined under subd. 5. to the 7th power.

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)(b)8. 8. Add 0.075 to the amount determined under subd. 7.

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) (3) Current ratio assessment factor.

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)2. 2. Divide the amount determined under subd. 1. by 3.

ATCP 100.135(4)(a)3. 3. Raise the amount determined under subd. 2. to the 9th power.

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

ATCP 100.135(4)(a)5. 5. Raise the amount determined in subd. 4. to the 5th power.

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)(a)7. 7. Add 0.025 to the amount determined under subd. 6.

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)2. 2. Divide the amount determined under subd. 1. by 3.

ATCP 100.135(4)(b)3. 3. Raise the amount determined under subd. 2. to the 9th power.

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

ATCP 100.135(4)(b)5. 5. Raise the amount determined under subd. 4. to the 5th power.

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)(b)7. 7. Add 0.025 to the amount determined under subd. 6.

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) (5) Debt to equity ratio assessment factor.

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) (6) Reduced assessments.

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) (7) Quarterly installments.

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.

ATCP 100.135(7)(a)2. 2. The 2nd installment is due on September 1 of the license year.

ATCP 100.135(7)(a)3. 3. The 3rd installment is due on December 1 of the license year.

ATCP 100.135(7)(a)4. 4. The 4th installment is due on March 1 of the license year.

ATCP 100.135(7)(b) (b) A contributing milk contractor may prepay any of the quarterly installments under par. (a).

ATCP 100.135(7)(c) (c) A contributing milk contractor who applies for an annual license after the beginning of a license year shall pay for the full annual fund assessment required under this section. The milk contractor shall pay, with the first quarterly installment that becomes due after the day on which the department issues the license, all of the quarterly installments for that license year that were due before that day.

ATCP 100.135(7)(d) (d) If s. 126.45 (1) (b), Stats., requires a license milk contractor to become a contributing milk contractor during the license year, the milk contractor shall pay only those quarterly installments that become due after the requirement takes effect.

ATCP 100.135(7)(e) (e) A contributing milk contractor who fails to pay the full amount of any quarterly installment when due shall pay, in addition to that installment, a late payment penalty of $50 or 10% of the overdue installment, whichever is greater.

ATCP 100.135(8) (8) Notice of annual assessment and quarterly installments. When the department issues an annual license to a contributing milk contractor, the department shall notify the milk contractor of all of the following:

ATCP 100.135(8)(a) (a) The amount of the milk contractor’s annual fund assessment under this section.

ATCP 100.135(8)(b) (b) The amount of each required quarterly installment under sub. (7) and the date by which the milk contractor must pay each installment.

ATCP 100.135(8)(c) (c) The penalty that applies under sub. (7) (e) if the milk contractor fails to pay any quarterly installment when due.

ATCP 100.135(9) (9) Minimum fund assessments. A contributing milk contractor shall pay the following minimum assessment if that minimum assessment is greater than the amount calculated under sub. (1) less applicable reductions under sub. (6):

ATCP 100.135(9)(a) (a) If the milk contractor reports an amount under s. 126.41 (6) (a), Stats., that is less than $1.5 million, the minimum assessment is $100.

ATCP 100.135(9)(b) (b) If the milk contractor reports an amount under s. 126.41 (6) (a), Stats., that is at least $1.5 million but less than $6 million, the minimum assessment is $200.

ATCP 100.135(9)(c) (c) If the milk contractor reports an amount under s. 126.41 (6) (a), Stats., that is at least $6 million, the minimum assessment is $500.

ATCP 100.135(10) (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: