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Wisconsin Legislature: AB910: Bill Text
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AB910: Bill Text
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2025 - 2026 LEGISLATURE
LRB-5444/1
MPG&EKL:klm&cjs
2025 ASSEMBLY BILL 910
January 26, 2026 - Introduced by Representatives
O'Connor
,
Bare
,
Piwowarczyk
,
Allen
,
Armstrong
,
Brooks
,
Knodl
,
Nedweski
,
Andraca
and
Murphy
. Referred to Committee on Consumer Protection.
AB910,1,2
1
An Act
to create
16.42 (5) of the statutes;
relating to:
the amounts of fines
2
and fees state agencies are authorized or required to impose by law.
Analysis by the Legislative Reference Bureau
Under current law, no later than September 15 of an even−numbered year, each executive state agency must file with the Department of Administration and the Legislative Fiscal Bureau the agency’s budget request for the succeeding biennium.
This bill requires that, every third fiscal biennium, each agency must include with its budget request, and must submit to the governor and the legislature, a report on a form prescribed by DOA that includes all of the following:
1. An identification of each fine and each fee, both as defined in the bill, assessed by the agency; the amount of the fine or fee; when the amount of the fine or fee was last adjusted; the act authorizing the agency to assess the fine or fee, including a description of the act and the date of enactment; and whether the specific amount of the fine or fee is established by statute.
2. A calculation of the amount of each fine or each fee in present-day dollars if the fine or fee were adjusted to account for inflation based on the consumer price index, rounded up to the nearest dollar, or, at the discretion of the agency, the nearest 25 cents.
3. Except for fees whose amounts are not specified by statute, a recommendation with respect to adjusting each fine and each fee to reflect the inflation-adjusted amount calculated by the agency or a recommendation to take no action to adjust the amount of the fine or fee. For each fee charged in connection with services provided by the agency, the recommendation must take into account the agency’s cost to provide those services relative to the inflation-adjusted amount.
4. An identification of the amount the agency is authorized to expend each fiscal year from the revenues of each fine or fee.
5. A plan to implement the agency’s recommendation. Under the bill, the plan may include a graduated increase in the amount of the fine or fee over a period of no more than four years. In developing the implementation plan, the agency must take into account the financial impact of an increase in the fine or fee on the persons assessed the fine or fee.
Additionally, under the bill, at the time each agency submits the report described above, the agency must also submit a separate report to the governor on a form prescribed by DOA that identifies each fine or fee for which the amount is not specified by statute and the agency has the authority to set or adjust the dollar amount and that includes a recommendation with respect to adjusting the fine or fee to reflect the inflation-adjusted amount of the fine or fee. For a fee charged in connection with services provided by the agency, the recommendation must take into account the agency’s cost to provide those services relative to the inflation-adjusted amount.
Finally, no later than 60 days after the bill becomes effective, and no later than January 31 every six years thereafter, the bill requires LFB to publish a table showing the annual consumer price index for the preceding 50 years. At an agency’s request, LFB must assist the agency in calculating the inflation-adjusted amount of a fine or fee.
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:
AB910,1
1
Section
1
.
16.42 (5) of the statutes is created to read:
AB910,2,2
2
16.42 (5)
(a) In this subsection:
AB910,2,6
3
1. “Base year” means the year immediately preceding the year in which a fine
4
or fee was first imposed or, if the amount of the fine or fee increased or decreased
5
after being first imposed, the year immediately preceding the year in which the
6
amount of the fine or fee was last adjusted.
AB910,3,2
7
2. “Consumer price index” means the average of the consumer price index
1
over each 12-month period, all items, U.S. city average, as determined by the
2
bureau of labor statistics of the U.S. department of labor.
AB910,3,4
3
3. “Fee” means any fee, charge, or surcharge that an agency is authorized or
4
required by law to impose on any person.
AB910,3,6
5
4. “Fine” means any fine or forfeiture that an agency is authorized or required
6
by law to impose on any person.
AB910,3,11
7
(b) Beginning in 2026, and every 3rd fiscal biennium thereafter, each agency
8
required to submit a budget request under sub. (1) shall include with its request,
9
and shall submit to the governor and to the legislature under s. 13.172 (2), a report
10
on the form prescribed by the department under par. (e) that includes all of the
11
following:
AB910,3,16
12
1. An identification of each fine and each fee assessed by the agency, the
13
amount of the fine or fee, when the amount of the fine or fee was last adjusted, the
14
act authorizing the agency to assess the fine or fee, including a description of the
15
act and the date of enactment, and whether the specific amount of the fine or fee is
16
established by statute.
AB910,3,21
17
2. A calculation of the amount of each fine or each fee identified under subd. 1.
18
if the fine or fee were increased by the percentage difference between the consumer
19
price index for the 12-month period ending on December 31 of the preceding year
20
and the consumer price index for the base year, rounded up to the nearest dollar, or,
21
at the discretion of the agency, the nearest 25 cents.
AB910,4,3
22
3. Except for a fine or fee specified in par. (c), a recommendation with respect
23
to adjusting each fine and each fee to reflect the inflation-adjusted amount as
24
calculated in subd. 2., or a recommendation to take no action to adjust the amount
1
of the fine or fee. For each fee charged in connection with services provided by the
2
agency, the recommendation shall take into account the agency’s cost to provide
3
those services relative to the inflation-adjusted amount as calculated in subd. 2.
AB910,4,5
4
4. An identification of the amount the agency is authorized to expend each
5
fiscal year from the revenues of each fine or fee.
AB910,4,10
6
5. A plan to implement the agency’s recommendation under subd. 3. The plan
7
may include a graduated increase in the amount of the fine or fee over a period of no
8
more than 4 years. In developing the implementation plan, the agency shall take
9
into account the financial impact of an increase in the fine or fee on the persons
10
assessed the fine or fee.
AB910,4,19
11
(c) At the time each agency submits a report under par. (b), the agency shall
12
submit a separate report to the governor on the form prescribed by the department
13
under par. (e) that identifies each fine or fee for which the amount is not specified by
14
statute and the agency has the authority to set or adjust the dollar amount and that
15
includes a recommendation with respect to adjusting the fine or fee to reflect the
16
inflation-adjusted amount as calculated in par. (b) 2. For a fee charged in
17
connection with services provided by the agency, the recommendation shall take
18
into account the agency’s cost to provide those services relative to the inflation-
19
adjusted amount as calculated in (b) 2.
AB910,4,23
20
(d) 1. No later than the 60th day after the effective date of this paragraph ....
21
[LRB inserts date], and no later than January 31 every 6 years thereafter, the
22
legislative fiscal bureau shall publish a table showing the annual consumer price
23
index for the preceding 50 years.
AB910,5,2
1
2. At an agency’s request, the legislative fiscal bureau shall assist the agency
2
in calculating the inflation-adjusted amount of a fine or fee under par. (b) 2.
AB910,5,4
3
(e) The department shall prescribe standard forms for the reports required
4
under pars. (b) and (c).
AB910,5,5
5
(end)
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