LRB-1248/3
RNK:wlj:rs
2003 - 2004 LEGISLATURE
March 13, 2003 - Introduced by Representatives Wieckert, Gunderson, Hines,
Jeskewitz, Musser, Gielow, M. Lehman, Olsen, Ladwig, Loeffelholz, Jensen,
Stone, Krawczyk, Owens, McCormick, Vrakas, Albers, Hahn, Miller,
Ainsworth, Seratti, Bies, Van Roy and Grothman, cosponsored by Senators
Cowles, Stepp and Roessler. Referred to Committee on Urban and Local
Affairs.
AB148,1,3
1An Act to renumber and amend 98.04 (2);
to amend 20.115 (1) (j), 97.30 (3m)
2(a) 3., 97.30 (3m) (b) 3. and 97.30 (3m) (c) 3.; and
to create 98.04 (2) (b) of the
3statutes;
relating to: the provision of weights and measures services.
Analysis by the Legislative Reference Bureau
Current law requires a city or village (municipality) with a population of more
than 5,000 to establish a department of weights and measures to enforce state laws
regulating instruments and devices for weighing and measuring. Alternatively, a
municipality that is required to establish a department of weights and measures
may enter into a contract with the Department of Agriculture, Trade and Consumer
Protection (DATCP) to enforce the weights and measures laws within that
municipality's jurisdiction. DATCP may charge the municipality fees to cover
DATCP's costs under the contract, and the municipality may assess those fees on the
persons who receive services under the weights and measures program.
Current law authorizes any municipality to contract with other municipalities
for the joint exercise of any duty required by law. Consistent with current law, this
bill provides that a municipality may, instead of establishing its own department of
weights and measures or entering into a contract with DATCP, enter into a contract
with another municipality or with a county to enforce the weights and measures
laws.
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:
AB148, s. 1
1Section
1. 20.115 (1) (j) of the statutes is amended to read:
AB148,2,62
20.115
(1) (j)
Weights and measures inspection. The amounts in the schedule
3for weights and measures inspection, testing and enforcement under ch. 98. All
4moneys received under ss. 93.06 (1p), 94.64 (4) (a) 6., 94.72 (6) (a) 3., 97.30 (3) (am),
598.04 (2)
(a), 98.05 (5), 98.16, 98.18 and 98.245 (7) shall be credited to this
6appropriation.
AB148, s. 2
7Section
2. 97.30 (3m) (a) 3. of the statutes is amended to read:
AB148,2,128
97.30
(3m) (a) 3. An annual weights and measures inspection fee of $45, except
9that this fee does not apply to a retail food establishment that is located in a
10municipality that has established a municipal department of weights and measures
11under s. 98.04 (1) or that recovers fees from the retail food establishment under s.
1298.04 (2)
(a) or (b) for the purpose of enforcement of the provisions of ch. 98.
AB148, s. 3
13Section
3. 97.30 (3m) (b) 3. of the statutes is amended to read:
AB148,2,1814
97.30
(3m) (b) 3. An annual weights and measures inspection fee of $100,
15except that this fee does not apply to a retail food establishment that is located in a
16municipality that has established a municipal department of weights and measures
17under s. 98.04 (1) or that recovers fees from the retail food establishment under s.
1898.04 (2)
(a) or (b) for the purpose of enforcement of the provisions of ch. 98.
AB148, s. 4
19Section
4. 97.30 (3m) (c) 3. of the statutes is amended to read:
AB148,3,320
97.30
(3m) (c) 3. An annual weights and measures inspection fee of $25, except
21that this fee does not apply to a retail food establishment that is located in a
1municipality that has established a municipal department of weights and measures
2under s. 98.04 (1) or that recovers fees from the retail food establishment under s.
398.04 (2)
(a) or (b) for the purpose of enforcement of the provisions of ch. 98.
AB148, s. 5
4Section
5. 98.04 (2) of the statutes is renumbered 98.04 (2) (intro.) and
5amended to read:
AB148,3,76
98.04
(2) (intro.) A municipality that is required to establish a department of
7weights and measures under sub. (1) may
contract
do either of the following:
AB148,3,15
8(a) Contract with the department of agriculture, trade, and consumer
9protection to enforce the provisions of this chapter within the municipality's
10jurisdiction instead of establishing its own department if the department of
11agriculture, trade and consumer protection agrees to enter into such a contract. The
12department of agriculture, trade and consumer protection may charge the
13municipality fees sufficient to cover the department's costs under the contract. A
14municipality may recover an amount not to exceed the cost of these fees by assessing
15fees on the persons who receive services under the weights and measures program.
AB148, s. 6
16Section
6. 98.04 (2) (b) of the statutes is created to read:
AB148,3,1917
98.04
(2) (b) Contract with another municipality or with a county under s.
1866.0301 to enforce the provisions of this chapter instead of establishing its own
19department.