126.41(5)
(5) No license without full payment. The department may not issue a license under
sub. (1) until the applicant pays all license fees and surcharges identified in the department's statement under
sub. (4). The department shall refund a fee or surcharge paid under protest if upon review the department determines that the fee or surcharge is not applicable.
126.41(6)
(6) Sworn and notarized statement. As part of a license application under
sub. (2), an applicant shall provide a sworn and notarized statement, signed by the applicant or an authorized officer of the applicant, that reports all of the following information:
126.41(6)(a)
(a) The total milk payroll obligations that the applicant incurred during the applicant's last completed fiscal year. If the applicant has not yet operated as a milk contractor, the applicant shall estimate the total milk payroll obligations that the applicant will incur during the applicant's first complete fiscal year.
126.41(6)(b)
(b) The largest amount of unpaid milk payroll obligations that the milk contractor had at any time during the milk contractor's last completed fiscal year.
126.41(6)(c)
(c) The identity of any producer agents from whom the milk contractor procures producer milk.
126.41(6)(d)
(d) Other relevant information required by the department.
126.41(7)
(7) Action granting or denying application. The department shall grant or deny a license application under
sub. (2) within 30 days after the department receives a complete application. If the department denies a license application, the department shall give the applicant written notice stating the reasons for the denial.
126.41(8)
(8) License displayed. A milk contractor licensed under
sub. (1) shall prominently display a true copy of that license at each business location from which the milk contractor operates in this state.
126.41(9)
(9) Notification required. A milk contractor who files security under
s. 126.47 shall immediately notify the department if, at any time, the milk contractor's unpaid milk payroll obligations exceed the amount last reported under
sub. (6) (b).
126.41 History
History: 2001 a. 16;
2005 a. 441.
126.42
126.42
Milk contractors; monthly license fee. 126.42(1)(1)
Monthly license fee payment. Except as provided under
sub. (5) or
(6), a milk contractor licensed under
s. 126.41 (1) shall pay to the department, by the 25th day of each month, a monthly license fee of 0.15 cent for each 100 pounds of producer milk that the milk contractor procured in this state during the preceding month. The milk contractor shall submit, with the fee payment, a report stating the number of pounds of producer milk that the milk contractor procured in this state during the preceding month.
126.42(2)
(2) Late payment surcharge. If a milk contractor fails to pay a monthly fee under
sub. (1) when due, the milk contractor shall pay, in addition to that monthly fee, a surcharge equal to 20% of the monthly fee. The milk contractor shall pay the surcharge by the 25th day of the following month.
126.42(3)
(3) Fee credits. If the balance in the fund contributed by milk contractors exceeds $4,000,000 on February 28 of any license year, the department shall credit 50% of the excess amount against fees charged under
sub. (1) to contributing milk contractors who file timely renewal applications for the next license year. The department shall credit each contributing milk contractor on a prorated basis, in proportion to the total fees that the milk contractor has paid under
sub. (1) for the 4 preceding license years. Each month that a contributing contractor who qualifies for a credit under this subsection pays fees under
sub. (1), the department shall credit to the contributing milk contractor one-twelfth of the total annual credit determined under this subsection.
126.42(4)
(4) Fee statement. Whenever the department issues an annual license to a milk contractor under
s. 126.41 (1), the department shall give the milk contractor notice of the monthly fees required under this section. The department shall specify all of the following:
126.42(4)(b)
(b) The date by which the milk contractor must pay the fee each month.
126.42(5)
(5) Producer agents; exemption. A producer agent is not required to pay the monthly fee under
sub. (1) for producer milk that the producer agent markets to a milk contractor who is licensed under
s. 126.41 (1) and who pays the monthly fee on the same milk.
126.42(6)
(6) Fee changes. The department may modify the license fees under
sub. (1) by rule, as provided under
s. 126.81 (2).
126.42 History
History: 2001 a. 16.
126.43
126.43
Milk contractors; insurance. 126.43(1)
(1)
Fire and extended coverage insurance. A milk contractor licensed under
s. 126.41 (1) shall maintain fire and extended coverage insurance that covers, at their full value, all milk and milk products in the possession, custody, or control of the milk contractor. If the milk contractor is required to be licensed under
s. 126.41 (1) (a), the milk contractor shall maintain insurance issued by an insurance company authorized to do business in this state.
126.43(2)
(2) Insurance cancellation; replacement. Whenever an insurance policy under
sub. (1) is canceled, the milk contractor shall replace the policy so that there is no lapse in coverage.
126.43(3)
(3) Insurance coverage; misrepresentation. No milk contractor may misrepresent any of the following to the department or to any milk producer or producer agent:
126.43(3)(b)
(b) The nature, coverage, or material terms of the milk contractor's insurance policy.
126.43 History
History: 2001 a. 16.
126.44
126.44
Milk contractors; financial statements. 126.44(1)(1)
Required annual financial statement. 126.44(1)(a)(a) A milk contractor shall file an annual financial statement with the department before the department first licenses the milk contractor under
s. 126.41 (1), unless the milk contractor reports no more than $1,500,000 in annual milk payroll obligations under
s. 126.41 (6) (a).
126.44(1)(b)
(b) Except as provided in
par. (c) or
(d), a milk contractor licensed under
s. 126.41 (1) shall file an annual financial statement with the department during each license year. The milk contractor shall file the annual financial statement by the 15th day of the 4th month following the close of the milk contractor's fiscal year. The department may extend the filing deadline for up to 30 days if the milk contractor, or the accountant preparing the financial statement, files a written extension request at least 10 days before the filing deadline.
126.44(1)(c)1.
1. A contributing milk contractor who reports no more than $1,500,000 in annual milk payroll obligations under
s. 126.41 (6) (a).
126.44(1)(c)2.
2. A contributing milk contractor who procures producer milk in this state solely as a producer agent.
126.44(1)(d)
(d) Rather than filing an annual financial statement under
par. (b), a milk contractor who is disqualified under
s. 126.45 (3) (a) may file, during each fiscal year, a compilation of financial information that is satisfactory to the department along with the milk contractor's sworn and notarized statement that the financial information is correct. The milk contractor shall file the financial information by the 15th day of the 4th month following the close of the milk contractor's fiscal year. The department may extend the filing deadline for up to 30 days if the milk contractor, or an accountant preparing the financial information, files a written extension request at least 10 days before the filing deadline.
126.44(2)
(2) Voluntary annual financial statement. A milk contractor licensed under
s. 126.41 (1) who is not required to file a financial statement under
sub. (1) may file an annual financial statement with the department for any of the following reasons:
126.44(3)
(3) Quarterly financial statements. A milk contractor licensed under
s. 126.41 (1) who is not a contributing milk contractor shall file quarterly financial statements with the department for the first 3 quarters in each of the milk contractor's fiscal years. The milk contractor shall file each quarterly financial statement no later than 60 days after the end of the fiscal quarter to which the financial statement pertains. With each quarterly financial statement, the milk contractor shall include the milk contractor's sworn and notarized statement that the financial statement is correct.
126.44(5)
(5) Reviewed or audited financial statement. 126.44(5)(a)(a) A milk contractor filing an annual financial statement under
sub. (1) or
(2) shall file an audited financial statement if the milk contractor reports more than $6,000,000 in annual milk payroll obligations under
s. 126.41 (6) (a).
126.44(5)(b)
(b) If
par. (a) does not apply, a milk contractor filing an annual financial statement under
sub. (1) or
(2) shall file either a reviewed financial statement or an audited financial statement.
126.44(6)
(6) Accounting period. A milk contractor filing an annual financial statement under
sub. (1) or
(2) shall file a financial statement that covers the milk contractor's last completed fiscal year unless the milk contractor has been in business for less than one year.
126.44(6m)
(6m) Interim financial statement. The department may, at any time, require a milk contractor licensed under
s. 126.41 (1) to file an interim financial statement with the department. With the interim financial statement, the milk contractor shall provide the milk contractor's sworn and notarized statement that the financial statement is correct. An interim financial statement need not be a reviewed financial statement or an audited financial statement.
126.44(7)
(7) Generally accepted accounting principles. 126.44(7)(a)(a) Except as provided in
par. (b), a milk contractor filing an annual financial statement under this section shall file a financial statement that is prepared according to generally accepted accounting principles.
126.44(7)(b)
(b) If a milk contractor is a sole proprietor and the milk contractor's financial statement is not audited, the milk contractor shall file a financial statement that is prepared on a historical cost basis.
126.44(8)(a)(a) Except as provided in
par. (b), a milk contractor filing a financial statement under this section shall file a financial statement that consists of a balance sheet, income statement, equity statement, statement of cash flows, notes to those statements, and any other information required by the department. If the milk contractor is a sole proprietor, the milk contractor shall file his or her business and personal financial statements.
126.44(8)(b)
(b) If a milk contractor has been in business for less than one year, the milk contractor may file an annual financial statement under
sub. (1) or
(2) consisting of a balance sheet and notes. A milk contractor may file a quarterly financial statement under
sub. (3) consisting of a balance sheet and income statement.
126.44(8)(c)
(c) A milk contractor filing a financial statement under this section shall include in the financial statement, or in an attachment to the financial statement, calculations of all of the following:
126.44(8)(c)1.
1. The milk contractor's current ratio, excluding any assets required to be excluded under
sub. (9).
126.44(8)(c)2.
2. The milk contractor's debt to equity ratio, excluding any assets required to be excluded under
sub. (9).
126.44(9)
(9) Assets excluded. A milk contractor may not include any of the following assets in the calculations under
sub. (8) (c), unless the department specifically approves their inclusion:
126.44(9)(a)
(a) A nontrade note or account receivable from an officer, director, employee, partner, or stockholder, or from a member of the family of any of those individuals, unless the note or account receivable is secured by a first priority security interest in real or personal property.
126.44(9)(b)
(b) A note or account receivable from a parent organization, a subsidiary, or an affiliate other than an employee.
126.44(9)(c)
(c) A note or account that has been receivable for more than one year, unless the milk contractor has established an equal offsetting reserve for uncollectible notes and accounts receivable.
126.44(10)
(10) Entity covered. A person filing a financial statement under this section may not file, in lieu of that person's financial statement, the financial statement of the person's parent organization, subsidiary, predecessor, or successor.
126.44(11)
(11) Department review. The department may analyze a financial statement submitted under this section and may reject a financial statement that fails to comply with this section.
126.44 History
History: 2001 a. 16;
2003 a. 238.
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.
