LRB-4700/1
RPN&MGG:jlg&kaf:hh
1997 - 1998 LEGISLATURE
February 11, 1998 - Introduced by Representatives Otte, Huber, Albers,
Springer, Harsdorf, Notestein, Porter, Hasenohrl, Hahn, Wasserman,
Musser, R. Potter, Kedzie and Seratti, cosponsored by Senators Clausing,
Panzer, Decker, Burke and Risser. Referred to Committee on Consumer
Affairs.
AB787,1,6
1An Act to amend 59.25 (3) (f) 2., 59.40 (2) (m), 778.13, 973.05 (1), 973.05 (2) and
2973.07; and
to create 20.115 (1) (jd) and (jf), 98.26 (3), 98.26 (4), 98.27, 814.60
3(2) (g) and 814.63 (3) (g) of the statutes;
relating to: costs related to
4investigations regarding weights and measures violations, protection for
5persons reporting weights and measures violations, providing for business and
6consumer education and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, a person is subject to a forfeiture of $100 to $1,000 if he or
she obstructs or hinders a state or local inspector of weights or measures, including
the manipulation of any test used to determine the value of milk, causing any weight
or measure used in the buying or selling of a commodity to be incorrect or removing
an official weights and measures inspector's tag from a commodity. If the violation
is intentional, the person is subject to a fine.
This bill requires a court to impose an assessment equal to 15% of the fine or
forfeiture whenever the court imposes a fine or forfeiture for an offense related to
weights and measures. In addition the court may order the offender to pay the costs
of the investigation and prosecution, including attorney fees, related to the offense.
The costs of investigation that are collected are deposited in an appropriation to pay
for additional investigations of weights and measures violations and the
assessments that are collected are deposited in an appropriation to pay for the
education of consumers and businesses regarding their rights and responsibilities
in the marketplace.
The bill also prohibits any person who buys or sells a commodity to dismiss,
demote, transfer, discriminate or otherwise retaliate against an employe because the
employe reported any information to a weights and measures inspector that
demonstrates a violation of a law or rule regulating weights and measures.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB787, s. 1
1Section
1. 20.115 (1) (jd) and (jf) of the statutes are created to read:
AB787,2,42
20.115
(1) (jd)
Weights and measures investigations. All moneys received by the
3department under s. 98.26 (3) for the costs of investigating a violation of ch. 98 or of
4any rules promulgated under ch. 98.
AB787,2,85
(jf)
Weights and measures assessments. All moneys received from the weights
6and measures assessment on fines and forfeitures that are levied by a court under
7s. 98.26 (4) for the education of consumers and businesses regarding their rights and
8responsibilities in the marketplace.
AB787,3,1711
59.25
(3) (f) 2. For all court imposed fines and forfeitures required by law to be
12deposited in the state treasury, the amounts required by s. 165.87 for the penalty
13assessment surcharge, the amounts required by s. 165.755 for the crime laboratories
14and drug law enforcement assessment, the amounts required by s. 167.31 (5) for the
15weapons assessment, the amounts required by s. 973.045 for the crime victim and
16witness assistance surcharge, the amounts required by
s. 938.34 (8d) for the
17delinquency victim and witness assistance surcharge, the amounts required by s.
18973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by
1s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts
2authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 (1) for the domestic abuse
3assessment, the amounts required by s. 253.06 (4) (c) for the enforcement assessment
4under the supplemental food program for women, infants and children, the amounts
5required by s. 346.655 (2) (a) and (b) for the driver improvement surcharge, the
6amounts required by s. 102.85 (4) for the uninsured employer assessment, the
7amounts required by s. 299.93 for the environmental assessment, the amounts
8required by s. 29.9965 for the wild animal protection assessment, the amounts
9required by s. 29.997 for the natural resources assessment surcharge, the amounts
10required by s. 29.9967 for the fishing shelter removal assessment, the amounts
11required by s. 350.115 for the snowmobile registration restitution payment
, the
12amounts required by s. 98.26 (4) for the weights and measures assessment and the
13amounts required by s. 29.998 for natural resources restitution payments, transmit
14to the state treasurer a statement of all moneys required by law to be paid on the
15actions entered during the preceding month on or before the first day of the next
16succeeding month, certified by the county treasurer's personal signature affixed or
17attached thereto, and at the same time pay to the state treasurer the amount thereof.
AB787,4,2020
59.40
(2) (m) Pay monthly to the treasurer for the use of the state the state's
21percentage of the fees required to be paid on each civil action, criminal action and
22special proceeding filed during the preceding month and pay monthly to the
23treasurer for the use of the state the percentage of court imposed fines and forfeitures
24required by law to be deposited in the state treasury, the amounts required by s.
25165.87 (2) (b) for the penalty assessment surcharge, the amounts required by s.
1165.755 for the crime laboratories and drug law enforcement assessment, the
2amounts required by s. 167.31 (5) for the weapons assessment, the amounts required
3by s. 973.045 for the crime victim and witness assistance surcharge, the amounts
4required by s. 938.34 (8d) for the delinquency victim and witness assistance
5surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis
6surcharge, the amounts required by s. 961.41 (5) for the drug abuse program
7improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required
8by s. 973.055 for the domestic abuse assessment surcharge, the amounts required by
9s. 253.06 (4) (c) for the enforcement assessment under the supplemental food
10program for women, infants and children, the amounts required by s. 346.655 for the
11driver improvement surcharge, the amounts required by s. 102.85 (4) for the
12uninsured employer assessment, the amounts required by s. 299.93 for the
13environmental assessment, the amounts required under s. 29.9965 for the wild
14animal protection assessment, the amounts required under s. 29.997 (1) (d) for the
15natural resources assessment surcharge, the amounts required by s. 29.9967 for the
16fishing shelter removal assessment, the amounts required by s. 350.115 for the
17snowmobile registration restitution payment
, the amounts required by s. 98.26 (4)
18for the weights and measures assessment and the amounts required under s. 29.998
19(1) (d) for the natural resources restitution payments. The payments shall be made
20by the 15th day of the month following receipt thereof.
AB787, s. 4
21Section
4. 98.26 (3) of the statutes is created to read:
AB787,5,222
98.26
(3) In addition to the penalties imposed under sub. (1) or the injunction
23granted under sub. (2), the court may order a person who commits a violation of this
24chapter or of the rules promulgated under this chapter to pay the reasonable and
25necessary costs of investigation and of prosecution, including attorney fees, related
1to that violation. All moneys that the department receives under this subsection
2shall be credited to the appropriation account under s. 20.115 (1) (jd).
AB787, s. 5
3Section
5. 98.26 (4) of the statutes is created to read:
AB787,5,104
98.26
(4) (a) Whenever a court imposes a fine or forfeiture for a violation of this
5section, the court shall also impose a weights and measures assessment in the
6amount of 15% of the fine or forfeiture imposed. If multiple offenses are involved,
7the court shall base the weights and measures assessment upon the total fine or
8forfeiture amounts for all offenses. When a fine or forfeiture is suspended in whole
9or in part, the court shall reduce the weights and measures assessment in proportion
10to the suspension.
AB787,5,1311
(b) The clerk of court shall collect and transmit the weights and measures
12assessment amounts to the county treasurer under s. 59.40 (2) (m). The county
13treasurer shall then make payment to the state treasurer under s. 59.25 (3) (f) 2.
AB787, s. 6
14Section
6. 98.27 of the statutes is created to read:
AB787,5,21
1598.27 Protection of employes. No person who is subject to the provisions of
16this chapter may dismiss, discipline, demote, transfer, reprimand, harass, reduce the
17pay of, discriminate against or otherwise retaliate against any employe, or threaten
18to take any of those actions, because the employe reported to the department or to
19a sealer or inspector any information gained by the employe which the employe
20reasonably believes demonstrates a violation of this chapter or rules promulgated
21under this chapter.
AB787,6,11
24778.13 Forfeitures collected, to whom paid. All moneys collected in favor
25of the state for forfeiture, except the portion to be paid to any person who sues with
1the state, shall be paid by the officer who collects the forfeiture to the treasurer of the
2county within which the forfeiture was incurred within 20 days after its receipt. In
3case of any failure in the payment the county treasurer may collect the payment of
4the officer by action, in the name of the office and upon the official bond of the officer,
5with interest at the rate of 12% per year from the time when it should have been paid.
6Penalty assessment payments shall be made as provided in s. 165.87. Jail
7assessment payments shall be made as provided in s. 302.46 (1). Crime laboratories
8and drug law enforcement assessment payments shall be paid as provided in s.
9165.755. Domestic abuse assessments shall be made as provided in s. 973.055.
10Enforcement assessments shall be made as provided in s. 253.06 (4) (c).
Weights and
11measures assessments shall be made as provided in s. 98.26 (4).
AB787, s. 8
12Section
8. 814.60 (2) (g) of the statutes is created to read:
AB787,6,1313
814.60
(2) (g) Weights and measures assessment imposed by s. 98.26 (4).
AB787, s. 9
14Section
9. 814.63 (3) (g) of the statutes is created to read:
AB787,6,1515
814.63
(3) (g) Weights and measures assessment imposed by s. 98.26 (4).
AB787,7,1918
973.05
(1) When a defendant is sentenced to pay a fine, the court may grant
19permission for the payment of the fine, of the penalty assessment imposed by s.
20165.87, the jail assessment imposed by s. 302.46 (1), the crime victim and witness
21assistance surcharge under s. 973.045, the crime laboratories and drug law
22enforcement assessment imposed by s. 165.755, any applicable deoxyribonucleic acid
23analysis surcharge under s. 973.046, any applicable drug abuse program
24improvement surcharge imposed by s. 961.41 (5), any applicable domestic abuse
25assessment imposed by s. 971.37 (1m) (c) 1. or 973.055, any applicable driver
1improvement surcharge imposed by s. 346.655, any applicable enforcement
2assessment imposed by s. 253.06 (4) (c), any applicable weapons assessment imposed
3by s. 167.31, any applicable uninsured employer assessment imposed by s. 102.85 (4),
4any applicable environmental assessment imposed by s. 299.93, any applicable wild
5animal protection assessment imposed by s. 29.9965, any applicable natural
6resources assessment imposed by s. 29.997
, any applicable weights and measures
7assessment imposed by s. 98.26 (4) and any applicable natural resources restitution
8payment imposed by s. 29.998 to be made within a period not to exceed 120 days. If
9no such permission is embodied in the sentence, the fine, the penalty assessment, the
10jail assessment, the crime victim and witness assistance surcharge, the crime
11laboratories and drug law enforcement assessment, any applicable deoxyribonucleic
12acid analysis surcharge, any applicable drug abuse program improvement
13surcharge, any applicable domestic abuse assessment, any applicable driver
14improvement surcharge, any applicable enforcement assessment, any applicable
15weapons assessment, any applicable uninsured employer assessment, any
16applicable environmental assessment, any applicable wild animal protection
17assessment, any applicable natural resources assessment
, any applicable weights
18and measures assessment imposed by s. 98.26 (4) and any applicable natural
19resources restitution payment shall be payable immediately.
AB787,9,422
973.05
(2) When a defendant is sentenced to pay a fine and is also placed on
23probation, the court may make the payment of the fine, the penalty assessment, the
24jail assessment, the crime victim and witness assistance surcharge, the crime
25laboratories and drug law enforcement assessment, any applicable deoxyribonucleic
1acid analysis surcharge, any applicable drug abuse program improvement
2surcharge, any applicable domestic abuse assessment, any applicable uninsured
3employer assessment, any applicable driver improvement surcharge, any applicable
4enforcement assessment under s. 253.06 (4) (c), any applicable weapons assessment,
5any applicable environmental assessment, any applicable wild animal protection
6assessment, any applicable natural resources assessment
, any applicable weights
7and measures assessment imposed by s. 98.26 (4) and any applicable natural
8resources restitution payments a condition of probation. When the payments are
9made a condition of probation by the court, payments thereon shall be applied first
10to payment of the penalty assessment until paid in full, shall then be applied to the
11payment of the jail assessment until paid in full, shall then be applied to the payment
12of part A of the crime victim and witness assistance surcharge until paid in full, shall
13then be applied to part B of the crime victim and witness assistance surcharge until
14paid in full, shall then be applied to the crime laboratories and drug law enforcement
15assessment until paid in full, shall then be applied to the deoxyribonucleic acid
16analysis surcharge until paid in full, shall then be applied to the drug abuse
17improvement surcharge until paid in full, shall then be applied to payment of the
18driver improvement surcharge until paid in full, shall then be applied to payment
19of the domestic abuse assessment until paid in full, shall then be applied to payment
20of the natural resources assessment if applicable until paid in full, shall then be
21applied to payment of the natural resources restitution payment until paid in full,
22shall then be applied to the payment of the environmental assessment if applicable
23until paid in full, shall then be applied to the payment of the wild animal protection
24assessment if applicable until paid in full, shall then be applied to payment of the
25weapons assessment until paid in full, shall then be applied to payment of the
1uninsured employer assessment until paid in full, shall then be applied to payment
2of the enforcement assessment under s. 253.06 (4) (c), if applicable,
shall then be
3applied to payment of the weights and measures assessment under s. 98.26 (4), if
4applicable, until paid in full and shall then be applied to payment of the fine.
AB787,9,25
7973.07 Failure to pay fine or costs or to comply with certain
8community service work. If the fine, costs, penalty assessment, jail assessment,
9crime victim and witness assistance surcharge, crime laboratories and drug law
10enforcement assessment, applicable deoxyribonucleic acid analysis surcharge,
11applicable drug abuse program improvement surcharge, applicable domestic abuse
12assessment, applicable driver improvement surcharge, applicable enforcement
13assessment under s. 253.06 (4) (c), applicable weapons assessment, applicable
14uninsured employer assessment, applicable environmental assessment, applicable
15wild animal protection assessment, applicable natural resources assessment
,
16applicable weights and measures assessment and applicable natural resources
17restitution payments are not paid or community service work under s. 943.017 (3)
18is not completed as required by the sentence, the defendant may be committed to the
19county jail until the fine, costs, penalty assessment, jail assessment, crime victim
20and witness assistance surcharge, crime laboratories and drug law enforcement
21assessment, applicable deoxyribonucleic acid analysis surcharge, applicable drug
22abuse program improvement surcharge, applicable domestic abuse assessment,
23applicable driver improvement surcharge, applicable enforcement assessment
24under s. 253.06 (4) (c), applicable weapons assessment, applicable uninsured
25employer assessment, applicable environmental assessment, applicable wild animal
1protection assessment, applicable natural resources assessment
, applicable weights
2and measures assessment or applicable natural resources restitution payments are
3paid or discharged, or the community service work under s. 943.017 (3) is completed,
4for a period fixed by the court not to exceed 6 months.
AB787,10,86
(1) This act first applies to offenses committed on the effective date of this
7subsection but does not preclude the counting of other offenses as prior offenses for
8purposes of sentencing by a court.
