LRB-3588/1
RNK:cjs:rs
2005 - 2006 LEGISLATURE
October 13, 2005 - Introduced by Representatives Hines, Wasserman, Ott, Turner,
Kerkman, Berceau, Grigsby, Hundertmark and Staskunas, cosponsored by
Senators Darling, Plale and Hansen. Referred to Committee on Public
Health.
AB750,1,3
1An Act to create 101.02 (22) of the statutes;
relating to: the assessment of
2forfeitures by the Department of Commerce for violating certain licensing
3requirements and granting rule-making authority.
Analysis by the Legislative Reference Bureau
The Department of Commerce (Commerce) administers various laws, including
building codes, that promote safety in public and private buildings and in the
subsystems of those buildings. To that end, Commerce issues various licenses,
permits, registrations, and other credentials (licenses) to persons engaged in the
construction trades such as electricians and plumbers. Commerce also administers
and issues licenses in connection with the administration of other laws relating to
public safety such as those regulating fireworks and the storage of flammable
liquids.
This bill authorizes Commerce to directly assess a forfeiture by issuing an order
against any person who violates a requirement for applying for, obtaining, renewing,
or operating under the authority of certain licenses issued by Commerce. The bill
requires Commerce to promulgate rules that govern the procedures for assessing
such forfeitures including the amount of the forfeitures. The bill provides that a
forfeiture that is not paid after all administrative and judicial reviews are exhausted
accrues interest at the rate of 12 percent per year. The bill authorizes the attorney
general to bring a legal action to collect a forfeiture, including accrued interest, if the
forfeiture is not paid as required under the bill. The bill requires that all forfeitures
under the bill be deposited in the school fund.
For further information see the state 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:
AB750, s. 1
1Section
1. 101.02 (22) of the statutes is created to read:
AB750,2,22
101.02
(22) (a) In this subsection:
AB750,2,33
1. "License" has the meaning given in sub. (21) (a).
AB750,2,54
2. "Violation" means a violation of a requirement for applying for, obtaining,
5renewing, or operating under the authority of a license.
AB750,2,86
(b) The department may directly assess a forfeiture by issuing an order against
7any person who commits a violation. The department may not assess a forfeiture
8exceeding $2,000 for each violation.
AB750,2,109
(c) The department shall promulgate rules specifying the procedures governing
10the assessment of forfeitures under this subsection including the following:
AB750,2,1111
1. The procedure for issuing an order for an alleged violation.
AB750,2,1312
2. The amount of a forfeiture that the department may assess for an alleged
13violation, subject to the limit under par. (b).
AB750,2,1414
3. The procedure for contesting an order issued for an alleged violation.
AB750,2,1615
4. The procedure for contesting the assessment of a forfeiture for an alleged
16violation.
AB750,2,1817
(d) The department shall remit all forfeitures paid under this subsection to the
18secretary of administration for deposit in the school fund.
AB750,2,2019
(e) All forfeitures that are not paid as required under this subsection shall
20accrue interest at the rate of 12 percent per year.
AB750,3,4
1(f) The attorney general may bring an action in the name of the state to collect
2any forfeiture imposed, or interest accrued, under this subsection if the forfeiture or
3interest has not been paid after the exhaustion of all administrative and judicial
4reviews.
