LRB-2898/2
CTS:cjs/kjf/bjk:nwn
2007 - 2008 LEGISLATURE
January 3, 2008 - Introduced by Representatives Nygren, Albers, Gottlieb,
Gunderson, Kestell, LeMahieu and Vos, cosponsored by Senator Schultz.
Referred to Committee on Urban and Local Affairs.
AB655,1,4
1An Act to renumber and amend 98.04 (2); and
to create 98.04 (2) (b) and 98.04
2(3) of the statutes;
relating to: municipal authority to contract with private
3parties for weights and measures enforcement and granting rule-making
4authority.
Analysis by the Legislative Reference Bureau
Under current law, a city or village with a population of more than 5,000 is
required to enforce current statutory weights and measures provisions by
establishing a municipal department of weights and measures. In lieu of
establishing a municipal department of weights and measures, such a city or village
may currently contract with the Department of Agriculture, Trade and Consumer
Protection (DATCP) to enforce statutory weights and measures provisions, if DATCP
agrees to enter into such a contract.
This bill authorizes a city or village with a population of more than 5,000 to
contract with a private party to enforce statutory weights and measures provisions.
The private party must be bonded and certified by DATCP as qualified to enforce
current weights and measures provisions. Under the bill, DATCP must promulgate
rules implementing a program for bonding and certifying private parties to enforce
weights and measures provisions.
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:
AB655, s. 1
1Section
1. 98.04 (2) of the statutes is renumbered 98.04 (2) (intro.) and
2amended to read:
AB655,2,53
98.04
(2) (intro.) A municipality that is required to establish a department of
4weights and measures under sub. (1) may
contract
, instead of establishing its own
5department, do any of the following:
AB655,2,13
6(a) Contract with the department of agriculture, trade
, and consumer
7protection to enforce the provisions of this chapter within the municipality's
8jurisdiction
instead of establishing its own department if the department of
9agriculture, trade and consumer protection agrees to enter into such a contract. The
10department of agriculture, trade and consumer protection may charge the
11municipality fees sufficient to cover the department's costs under the contract. A
12municipality may recover an amount not to exceed the cost of these fees by assessing
13fees on the persons who receive services under the weights and measures program.
AB655, s. 2
14Section
2. 98.04 (2) (b) of the statutes is created to read:
AB655,2,1915
98.04
(2) (b) Contract with a private party who has been bonded and certified
16under sub. (3) to enforce the provisions of this chapter within the municipality's
17jurisdiction. A municipality may recover an amount not to exceed the municipality's
18cost of contracting with a private party under this paragraph by assessing fees on the
19persons who receive services under the weights and measures program.
AB655, s. 3
20Section
3. 98.04 (3) of the statutes is created to read:
AB655,3,3
198.04
(3) The department of agriculture, trade and consumer protection shall
2promulgate rules implementing a program for bonding and certifying private parties
3as qualified to enter into a contract with a municipality under sub. (2) (b).
