126.45
126.45
Contributing milk contractors; disqualification. 126.45(1)(a)(a) Except as provided in
sub. (3), a licensed milk contractor shall pay fund assessments under
s. 126.46 if the milk contractor does not file annual and quarterly financial statements under
s. 126.44.
126.45(1)(b)
(b) Except as provided in
sub. (3), a licensed milk contractor shall pay fund assessments under
s. 126.46 if the milk contractor files an annual, quarterly, or interim financial statement under
s. 126.44 that shows a current ratio of less than 1.25 to 1.0, a debt to equity ratio of more than 2.0 to 1.0, or negative equity. The milk contractor shall continue to pay fund assessments until the milk contractor files 2 consecutive annual financial statements under
s. 126.44 that show a current ratio of at least 1.25 to 1.0, positive equity, and a debt to equity ratio of not more than 2.0 to 1.0.
126.45(2)
(2) Voluntary contributors. Except as provided in
sub. (3), a licensed milk contractor who is not required to pay fund assessments under
s. 126.46 may elect to do so.
126.45(3)(a)(a) A milk contractor who is required to file security under
s. 126.47 (1) (a) is disqualified from the fund until the department releases that security under
s. 126.47 (7) (a). This paragraph does not apply, during the period beginning on May 1, 2002, and ending on April 30, 2007, to a qualified producer agent who files security under
s. 126.47 (3) (a) 3.
126.45(3)(b)
(b) A milk contractor is disqualified from the fund if the department denies, suspends, or revokes the milk contractor's license.
126.45(3)(c)
(c) The department may, by written notice, disqualify a milk contractor for any of the following reasons:
126.45(3)(c)3.
3. Failure to reimburse the department, within 60 days after the department issues a reimbursement demand under
s. 126.73 (1), for the full amount that the department pays to claimants under
s. 126.72 (1) or under
s. 126.72 (2) with the proceeds of a loan under
s. 126.06 (1) (b) because of that milk contractor's default.
126.45(3)(c)4.
4. Failure to reimburse a bond surety, within 60 days after the bond surety issues a reimbursement demand under
s. 126.73 (2), for the full amount that the surety pays to the department under
s. 126.72 (2) for the benefit of claimants affected by that milk contractor's default.
126.45(4)(a)(a) A milk contractor disqualified under
sub. (3) (c) may not engage in any activities for which a license is required under
s. 126.41 (1) (a) if the milk contractor files an annual, quarterly, or interim financial statement under
s. 126.44 that shows a current ratio of less than 1.25 to 1.0, a debt to equity ratio of more than 2.0 to 1.0, or negative equity.
126.45(4)(b)
(b) The department may not return, to a disqualified milk contractor, any fund assessments that the milk contractor paid as a contributing milk contractor.
126.45(4)(c)
(c) A disqualified milk contractor remains liable for any unpaid fund installment under
s. 126.46 that became due while the milk contractor was a contributing milk contractor. A disqualified milk contractor is not liable for any fund installment that becomes due after the milk contractor is disqualified under
sub. (3).
126.45 History
History: 2001 a. 16;
2003 a. 38.
126.46
126.46
Contributing milk contractors; fund assessments. 126.46(1)(1)
General. A contributing milk contractor shall pay an annual fund assessment for each license year. Except as provided in
sub. (5m), the assessment equals $20 or the sum of the following, whichever is greater, unless the department by rule specifies a different assessment:
126.46(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) in the milk contractor's license application for that license year.
126.46(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) in the milk contractor's license application for that license year.
126.46(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:
126.46(2)(a)
(a) If the milk contractor has filed an annual financial statement under
s. 126.44 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 the following amount:
126.46(2)(a)3.
3. Multiply the amount determined under
subd. 2. by negative one.
126.46(2)(a)7.
7. Add the amount determined under
subd. 4. to the amount determined under
subd. 6.
126.46(2)(b)
(b) If the milk contractor has filed an annual financial statement under
s. 126.44 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 the following amount:
126.46(2)(b)3.
3. Multiply the amount determined under
subd. 2. by negative one.
126.46(2)(b)7.
7. Add the amount determined under
subd. 4. to the amount determined under
subd. 6.
126.46(2)(c)
(c) Except as provided in
par. (e), if the milk contractor has filed an annual financial statement under
s. 126.44 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.
126.46(2)(d)
(d) Except as provided in
par. (e), if the milk contractor has not filed an annual financial statement under
s. 126.44, the milk contractor's current ratio assessment rate equals the current ratio assessment factor in
sub. (3) (b) multiplied by 0.103005.
126.46(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 or has filed an annual financial statement that shows a current ratio of less than or equal to 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.
126.46(3)
(3) Current ratio assessment factor. 126.46(3)(a)(a) A milk contractor's current ratio assessment factor under
sub. (2) (a) is 0.001, except as follows:
126.46(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.
126.46(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.
126.46(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.
126.46(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.
126.46(4)
(4) Debt to equity ratio assessment rate. A milk contractor's debt to equity ratio assessment rate is calculated, at the beginning of the license year, as follows:
126.46(4)(a)
(a) If the milk contractor has filed an annual financial statement under
s. 126.44 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 the following amount:
126.46(4)(a)6.
6. Add the amount determined under
subd. 3. to the amount determined under
subd. 5.
126.46(4)(b)
(b) If the milk contractor files an annual financial statement under
s. 126.44 and that financial statement shows a debt to equity ratio of greater than 2.0 to 1.0 but less than 3.1 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 the following amount:
126.46(4)(b)6.
6. Add the amount determined under
subd. 3. to the amount determined under
subd. 5.
126.46(4)(c)
(c) Except as provided in
par. (e), if the milk contractor has filed an annual financial statement under
s. 126.44 and that financial statement shows negative equity or a debt to equity ratio of at least 3.1 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 0.8146917.
126.46(4)(d)
(d) Except as provided in
par. (e), if the milk contractor has not filed an annual financial statement under
s. 126.44, 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.
126.46(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 or has filed an annual financial statement that shows negative equity or a debt to equity ratio of at least 3.1 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.
126.46(5)
(5) Debt to equity ratio assessment factor. 126.46(5)(a)(a) A milk contractor's debt to equity ratio assessment factor under
sub. (4) (a) is 0.0015, except as follows:
126.46(5)(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 0.001.
126.46(5)(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 0.0005.
126.46(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 current ratio assessment factor is zero.
126.46(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.
126.46(5m)
(5m) Reduced assessment for certain milk contractors filing security. If a milk contractor files security under
s. 126.47 (1) (b), the milk contractor's assessment is the amount determined under
sub. (1) reduced by an amount determined as follows:
126.46(5m)(a)
(a) Divide the amount of security that the milk contractor is required to file as determined under
s. 126.47 (3) (b) by the amount of the milk contractor's estimated default exposure, as defined in
s. 126.47 (1) (b) 1.
126.46(5m)(b)
(b) Multiply the amount of the assessment determined under
sub. (1) by the amount determined under
par. (a).
126.46(6)(a)(a) A contributing milk contractor shall pay the milk contractor's annual fund assessment in equal quarterly installments that are due as follows:
126.46(6)(a)1.
1. The first installment is due on June 1 of the license year.
126.46(6)(a)2.
2. The 2nd installment is due on September 1 of the license year.
126.46(6)(a)3.
3. The 3rd installment is due on December 1 of the license year.
126.46(6)(a)4.
4. The 4th installment is due on March 1 of the license year.
126.46(6)(b)
(b) A contributing milk contractor may prepay any of the quarterly installments under
par. (a).
126.46(6)(c)
(c) A contributing milk contractor who applies for an annual license after the beginning of a license year shall pay 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.
126.46(6)(d)
(d) If
s. 126.45 (1) (b) requires a licensed 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.
126.46(6)(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 amount, whichever is greater.
