Skip to content
Bills from the 2013–14 session

Senate Bill 497

Agency discretion in imposing penalties for minor violations of rules by small businesses and granting rule-making authority

Became law

The governor signed it on Apr 17, 2014. It's ⁠.

  1. Introduced, passed

    Jan 15, 2014

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed 23 to 9

  4. Assembly vote, passed

    Passed Feb 20, 2014

  5. Governor, passed

    Signed

  6. Law, here now

    2013 Wisconsin Act 296

Latest entry in the official record, Apr 17, 2014: “Published 4-17-2014”

Read the bill

Following saves it on this device. New actions show on your Following page. You can also get updates in a feed reader.

What it does

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

Under current law, public agencies are required to provide assistance to small businesses to help those small businesses comply with the rules promulgated by those agencies. Public agencies are required under current law to establish a rule that creates reduced fines and enforcement mechanisms for minor violations of agency rules by small businesses. Current law requires public agencies to consider the appropriateness of a written warning, a reduced fine, or an alternative penalty if the small business violates a rule, that small business has made a good faith effort to comply with the rule, and the minor violation does not pose a threat to public health, safety, or welfare.

In addition, under current law, each public agency is required to promulgate a rule that discloses in advance the discretion that the agency will follow in the enforcement of rules against a small business. The rule promulgated shall include a reduction or waiver of a penalty if the small business voluntarily discloses a rule violation, and may include consideration of the small business's ability to pay when determining the penalty. Current law prohibits any discretion in the enforcement of a rule if certain conditions apply, including if the agency discovers the violation first, the violation resulted in a substantial economic advantage to the small business, the small business has repeatedly violated the rule, or the violation may result in an imminent endangerment to public health or safety.

Read the full summary

This bill continues to require public agencies to promulgate a rule that discloses in advance the discretion that the public agency will follow in the enforcement of rules against a small business that commits a minor violation of a rule, but limits the conditions when such discretion is not allowed to minor violations involving a small business that has repeatedly violated the rule, to minor violations that result in a substantial economic advantage for the small business, and to minor violations that may result in an imminent endangerment to public health or safety.

The bill also specifies that the public agency shall consider a number of criteria for allowing discretion in the enforcement of a rule or assessment of a penalty for a minor violation, including the following:

1. The difficulty and cost to a small business of complying with a rule.

2. The financial capacity of the small business, including the ability of the small business to pay the amount of the possible penalty.

3. The compliance options available.

4. The level of public interest and concern.

5. The opportunities available to the small business to understand and comply with a rule.

6. Fairness to the small business and to others, including competitors and the public.

Who's behind it

5 senators are its ⁠. 4 are Republicans and 1 is a Democrat.

11 more lawmakers ⁠.

See all 16 names

Authors (5)

Signed on in support (11)

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

How lawmakers voted

There were 3 votes on this bill.

Senate Committee on Agriculture vote to recommend it

Passed, 8 to 1 · Feb 14, 2014

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report passage recommended by Committee on Agriculture, Small Business, and Tourism, Ayes 8, Noes 1”. Official record · This vote on its own page

Senate vote to pass it

Passed, 23 to 9 · Feb 18, 2014 · 1 didn't vote

See how each of the 33 senators voted

D: Democrat, R: Republican

Didn't vote (1)

Official motion: “Read a third time and passed, Ayes 23, Noes 9”. Official record · This vote on its own page

Assembly vote to pass it

Passed, 95 to 0 · Feb 20, 2014 · 4 didn't vote

See how each of the 99 representatives voted

D: Democrat, R: Republican

Yes (95)

Didn't vote (4)

Official motion: “Read a third time and concurred in as amended, Ayes 95, Noes 0”. Official record · This vote on its own page

What happened

  1. Apr 17, 2014

    The new law was published.

  2. Apr 17, 2014

    The governor signed it. It became 2013 Wisconsin Act 296.

  3. Apr 16, 2014

    Sent to the governor.

  4. Mar 18, 2014

    “Action ordered immediately messaged” (the official wording)

  5. Feb 21, 2014

    The Senate adopted it.

  6. Feb 20, 2014

    12 more representatives signed on in support.

  7. Feb 20, 2014

    The Assembly passed it too, 95 to 0.

  8. Feb 20, 2014

    The Assembly adopted it.

  9. Feb 18, 2014

    Sent to the Assembly Committee on Rules.

  10. Feb 18, 2014

    The Assembly received it.

  11. Feb 18, 2014

    The Senate passed it, 23 to 9.

  12. Feb 14, 2014

    The committee voted to recommend passing it, 8 to 1.

  13. Jan 30, 2014

    The committee held a public hearing.

  14. Jan 15, 2014

    Sent to the Senate Committee on Agriculture, Small Business, and Tourism.

  15. Jan 15, 2014

    Introduced in the Senate.

See the official record, word for word
  1. Jan 15, 2014 · Senate

    Introduced by Senators Gudex, Petrowski, L. Taylor, Grothman and Olsen; cosponsored by Representatives Kapenga, Born, Craig, Hutton, Kulp, LeMahieu, Murphy, Murtha, Schraa and Tittl

  2. Jan 15, 2014 · Senate

    Read first time and referred to Committee on Agriculture, Small Business, and Tourism

  3. Jan 30, 2014 · Senate

    Public hearing held

  4. Feb 12, 2014 · Senate

    Executive action taken

  5. Feb 14, 2014 · Senate

    Report passage recommended by Committee on Agriculture, Small Business, and Tourism, Ayes 8, Noes 1

  6. Feb 14, 2014 · Senate

    Available for scheduling

  7. Feb 17, 2014 · Senate

    Placed on calendar 2-18-2014 pursuant to Senate Rule 18(1)

  8. Feb 18, 2014 · Senate

    Read a second time

  9. Feb 18, 2014 · Senate

    Ordered to a third reading

  10. Feb 18, 2014 · Senate

    Rules suspended

  11. Feb 18, 2014 · Senate

    Read a third time and passed, Ayes 23, Noes 9

  12. Feb 18, 2014 · Senate

    Ordered immediately messaged

  13. Feb 18, 2014 · Assembly

    Received from Senate

  14. Feb 18, 2014 · Assembly

    Read first time and referred to committee on Rules

  15. Feb 18, 2014 · Assembly

    Placed on calendar 2-20-2014 by Committee on Rules

  16. Feb 20, 2014 · Assembly

    Read a second time

  17. Feb 20, 2014 · Assembly

    Assembly Amendment 1 offered by Representative Jorgensen

  18. Feb 20, 2014 · Assembly

    Assembly Amendment 1 withdrawn and returned to author

  19. Feb 20, 2014 · Assembly

    Assembly Amendment 2 offered by Representative Jorgensen

  20. Feb 20, 2014 · Assembly

    Assembly Amendment 2 withdrawn and returned to author

  21. Feb 20, 2014 · Assembly

    Assembly Amendment 3 offered by Representative Jorgensen

  22. Feb 20, 2014 · Assembly

    Assembly Amendment 3 withdrawn and returned to author

  23. Feb 20, 2014 · Assembly

    Assembly Amendment 4 offered by Representative Jorgensen

  24. Feb 20, 2014 · Assembly

    Assembly Amendment 4 withdrawn and returned to author

  25. Feb 20, 2014 · Assembly

    Assembly Amendment 5 offered by Representative Jorgensen

  26. Feb 20, 2014 · Assembly

    Assembly Amendment 5 withdrawn and returned to author

  27. Feb 20, 2014 · Assembly

    Assembly Amendment 6 offered by Representative Jorgensen

  28. Feb 20, 2014 · Assembly

    Assembly Amendment 6 adopted

  29. Feb 20, 2014 · Assembly

    Assembly Amendment 7 offered by Representative Jorgensen

  30. Feb 20, 2014 · Assembly

    Assembly Amendment 7 adopted

  31. Feb 20, 2014 · Assembly

    Ordered to a third reading

  32. Feb 20, 2014 · Assembly

    Rules suspended

  33. Feb 20, 2014 · Assembly

    Read a third time and concurred in as amended, Ayes 95, Noes 0

  34. Feb 20, 2014 · Assembly

    Representatives Wright, Jorgensen, Barca, Hulsey, Smith, Mason, Billings, Vruwink, Hebl, Kahl, Brooks and Pope added as cosponsors

  35. Feb 20, 2014 · Assembly

    Ordered immediately messaged

  36. Feb 21, 2014 · Senate

    Received from Assembly amended and concurred in as amended, Assembly Amendment 6 and Assembly Amendment 7 adopted

  37. Feb 21, 2014 · Senate

    Available for scheduling

  38. Mar 14, 2014 · Senate

    Placed on calendar 3-18-2014 pursuant to Senate Rule 18(1)

  39. Mar 18, 2014 · Senate

    Senate Amendment 1 to Assembly Amendment 6 offered by Senator Erpenbach

  40. Mar 18, 2014 · Senate

    Senate Amendment 1 to Assembly Amendment 6 withdrawn and returned to author

  41. Mar 18, 2014 · Senate

    Assembly Amendment 6 concurred in

  42. Mar 18, 2014 · Senate

    Assembly Amendment 7 concurred in

  43. Mar 18, 2014 · Senate

    Action ordered immediately messaged

  44. Mar 21, 2014 · Senate

    Report correctly enrolled

  45. Apr 16, 2014 · Senate

    Presented to the Governor on 4-15-2014

  46. Apr 17, 2014 · Senate

    Report approved by the Governor on 4-16-2014. 2013 Wisconsin Act 296

  47. Apr 17, 2014 · Senate

    Published 4-17-2014

Terms on this page

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act

More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote

More in the glossary