LRB-1819/2
MLJ:cjs&amn
2019 - 2020 LEGISLATURE
May 10, 2019 - Introduced by Representatives Thiesfeldt, Hebl, Hesselbein,
Pope, Rohrkaste, Skowronski, C. Taylor and Vruwink, cosponsored by
Senators Jacque, Risser, Erpenbach, Feyen, Miller, Wirch and Olsen.
Referred to Committee on Judiciary.
AB204,1,10 1An Act to repeal 800.14 (2); to renumber 343.301 (1m) and 814.61 (5); to
2renumber and amend
800.085 (2), 800.095 (3) and 800.14 (4); to amend 49.90
3(12), 49.90 (13) (c), 66.0113 (1) (b) 6., 66.0113 (1) (b) 7. b., 303.18 (2), 755.01 (1),
4755.01 (4), 755.17 (1m), 755.17 (2), 799.29 (2), 800.035 (2) (e), 800.035 (5) (a),
5800.035 (5) (c), 800.05 (3), 800.06 (1), 800.093 (1) (b), 800.095 (6), 800.095 (7),
6800.115 (4), 800.115 (5), 800.13 (1), 800.14 (1), 800.14 (3), 800.14 (5), 806.10 (1)
7(intro.), 806.14, 814.63 (2), 814.63 (4) and 885.04; and to create 343.301 (1m)
8(b), 800.005, 800.035 (2) (a) 5., 800.085 (2) (a) to (i), 800.09 (4), 800.095 (3) (c),
9800.14 (2m), 800.14 (4) (b) and 814.61 (5) (bm) of the statutes; relating to:
10municipal ordinance enforcement and court procedures.
Analysis by the Legislative Reference Bureau
This bill makes various changes to municipal ordinance enforcement and
municipal court procedures, including the following: the bill outlines the procedure
for the formation or dissolution of joint municipal courts; the bill specifies that
municipal court budgets must be separate from, or appear on a separate line item
from municipal prosecuting attorneys and municipal law enforcement agencies; the

bill allows for non-OWI municipal citations from an OWI offense to be tried with the
OWI offense in circuit court; the bill outlines when proceedings in municipal court
may be held by audiovisual means; the bill clarifies the procedure and fees required
for an appeal from a municipal court judgment; the bill requires each municipal court
to have an armed guard unless the judge orders otherwise; and the bill specifies that
no municipal court clerk may appear in attire that suggests he or she is a law
enforcement officer or employee of a law enforcement agency.
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:
AB204,1 1Section 1. 49.90 (12) of the statutes is amended to read:
AB204,3,22 49.90 (12) The parent of a dependent person who maintains a child of the
3dependent person under sub. (1) (a) 2. may, after the dependent person attains the
4age of 18, apply to the circuit court for the county in which the child resides for an
5order to compel restitution by the dependent person of the amount of maintenance
6provided to the dependent person's child by that parent. The circuit court shall in
7a summary way hear the allegations and proof of the parties and, after considering
8the financial resources and the future ability of the dependent person to pay, may by
9order specify a sum in payment of the restitution, to be paid weekly or monthly,
10during a period fixed by the order or until further order of the court. Upon application
11of any party affected by the order and following notice and an opportunity for
12presentation of allegations and proof by the parties, the court may modify the order.
13The parent of the dependent person may file a restitution order with the clerk of
14circuit court. Upon payment of the fee under s. 814.61 (5) (a) (am) 1., the clerk of
15circuit court shall enter the order on the judgment and lien docket under s. 806.10
16in the same manner as for a judgment in a civil action. Thereafter, the parent of the

1dependent person may enforce the order against the dependent person in the same
2manner as for a judgment in a civil action.
AB204,2 3Section 2. 49.90 (13) (c) of the statutes is amended to read:
AB204,3,204 49.90 (13) (c) If the parent of the dependent person specified in par. (a) provides
5maintenance to the dependent person's child and if par. (b) applies, the parent may
6apply to the circuit court for the county in which the child resides for an order to
7compel restitution by the parent specified in par. (b) of the amount of maintenance
8provided. The circuit court shall in a summary way hear the allegations and proof
9of the parties and, after considering the financial resources and future ability of the
10parent of the dependent person specified in par. (b) to pay, may by order specify a sum
11in payment of the restitution, to be paid weekly or monthly, during a period fixed by
12the order or until further order of the court. Upon application of any party affected
13by the order and following notice and an opportunity for presentation of allegations
14and proof by the parties, the court may modify the order. The parent specified in par.
15(a) may file a restitution order with the clerk of circuit court. Upon payment of a fee
16under s. 814.61 (5) (a) (am) 1., the clerk of circuit court shall enter the order on the
17judgment and lien docket under s. 806.10 in the same manner as for a judgment in
18a civil action. Thereafter, the parent specified in par. (a) may enforce the order
19against the parent specified in par. (b) in the same manner as for a judgment in a civil
20action.
AB204,3 21Section 3. 66.0113 (1) (b) 6. of the statutes is amended to read:
AB204,3,2322 66.0113 (1) (b) 6. The time at which the alleged violator may appear in court,
23and a statement describing whether the appearance is mandatory
.
AB204,4 24Section 4. 66.0113 (1) (b) 7. b. of the statutes is amended to read:
AB204,4,3
166.0113 (1) (b) 7. b. That if the alleged violator makes such a deposit, he or she
2need not appear in court unless appearance is mandated by the court or he or she is
3subsequently summoned.
AB204,5 4Section 5. 303.18 (2) of the statutes is amended to read:
AB204,4,115 303.18 (2) Each city, village or town in the county shall, at a time designated
6by the county board, pay to the county the actual and reasonable costs of
7maintenance, as determined by ordinance of the county board, of all persons confined
8in the house of correction for the violation of any of the ordinances of the city, village
9or town during the preceding year, except that no costs are due for any period in
10which the person was also confined for reasons other than the violation of a city,
11village, or town ordinance
.
AB204,6 12Section 6. 343.301 (1m) of the statutes is renumbered 343.301 (1m) (a).
AB204,7 13Section 7. 343.301 (1m) (b) of the statutes is created to read:
AB204,4,1614 343.301 (1m) (b) An order under sub. (1g) does not apply to a vehicle for which
15the department has not approved an ignition interlock device capable of being
16installed on the vehicle.
AB204,8 17Section 8. 755.01 (1) of the statutes is amended to read:
AB204,5,1118 755.01 (1) There is created and established in and for each city, town and
19village, a municipal court designated “Municipal Court for the .... (city, town or
20village) of .... (name of municipality)". A municipal court created under this
21subsection is a coequal branch of the municipal government, subject to the
22superintending authority of the supreme court, through the chief judge of the judicial
23administrative district. A court shall become operative and function after January
241, 2011, when the city council, town board, or village board adopts an ordinance or
25bylaw providing for the election of a judge and the operation and maintenance of the

1court, receives a certification from the chief judge of the judicial administrative
2district that the court meets the requirements under ss. 755.09, 755.10, 755.11, and
3755.17, and provides written notification to the director of state courts of the
4adoption of the ordinance or bylaw. A permanent vacancy in the office of municipal
5judge shall be filled under s. 8.50 (4) (fm). Any municipal court established under
6this section is not a court of record. The court shall be maintained at the expense of
7the municipality. The municipal governing body shall determine the amount
8budgeted for court maintenance and operations. The budget of the municipal court
9shall be separate from, or contained on a separate line item from, the budget or line
10items of all other municipal departments, including the budget or line items of the
11municipal prosecuting attorney and the municipal law enforcement agency
.
AB204,9 12Section 9. 755.01 (4) of the statutes is amended to read:
AB204,6,1713 755.01 (4) Two or more cities, towns or villages of this state may enter into an
14agreement under s. 66.0301 for the joint exercise of the power granted under sub. (1),
15except that for purposes of this subsection, any agreement under s. 66.0301 shall be
16effected by the enactment of identical ordinances by each affected city, town or
17village. Electors of each municipality entering into the agreement shall be eligible
18to vote for the judge of the municipal court so established. If a municipality enters
19into an agreement with a municipality that already has a municipal court, the
20municipalities may provide by ordinance or resolution that the judge for the existing
21municipal court shall serve as the judge for the joint court until the end of the term
22or until a special election is held under s. 8.50 (4) (fm). Each municipality shall adopt
23an ordinance or bylaw under sub. (1) prior to entering into the agreement. The
24contracting municipalities need not be contiguous and need not all be in the same
25county. Upon entering into or discontinuing such an agreement, the contracting

1municipalities shall each transmit a certified copy of the ordinance or bylaw effecting
2or discontinuing the agreement to the appropriate filing officer under s. 11.0102 (1)
3(c) and to the director of state courts. Any court formed under this subsection,
4including the formation of a new court by a change in the municipalities that have
5entered into an agreement under s. 66.0301, shall become operative and function
6when the requirements under this subsection are met, the court receives a
7certification from the chief judge of the judicial administrative district that the court
8meets the requirements under ss. 755.09, 755.10, 755.11, and 755.17, and the court
9provides written notification to the director of state courts. Discontinuation of an
10agreement under this subsection shall be effective at the end of the term for which
11the judge has been elected or appointed but only if the ordinance or bylaw
12discontinuing the agreement is submitted to the appropriate filing office under s.
1311.0102 (1) (c) and to the director of state courts prior to October 1 of the year
14preceding the end of the term for which the judge has been elected or appointed.

15When a municipal judge is elected under this subsection, candidates shall be
16nominated by filing nomination papers under s. 8.10 (6) (bm), and shall register with
17the filing officer specified in s. 11.0102 (1) (c).
AB204,10 18Section 10. 755.17 (1m) of the statutes is amended to read:
AB204,6,2219 755.17 (1m) The clerk of the municipal court shall be attired in appropriate
20clothing and may not, while performing municipal court functions, wear anything
21that implies or indicates that he or she is a law enforcement officer or employee of
22a law enforcement agency
.
AB204,11 23Section 11. 755.17 (2) of the statutes is amended to read:
AB204,7,624 755.17 (2) The governing body of the city, village, or town shall provide a
25courtroom for a municipal court, which shall be in an adequate facility. The

1courtroom shall be in a public building if a suitable public building is available within
2the municipality and shall be located in an area separate from the police department
3by design or signage. The courtroom shall be designed and furnished to create and
4promote the proper atmosphere of dignity, safety, and decorum for the operation of
5the court. The governing body shall provide an armed guard for all court sessions,
6unless otherwise requested by the municipal judge.
AB204,12 7Section 12. 799.29 (2) of the statutes is amended to read:
AB204,7,168 799.29 (2) Stipulations. The court, judge or municipal judge having trial
9jurisdiction to recover a forfeiture may, with or without notice, for good cause shown
10by affidavit and upon just terms, within 30 days after the stipulation has been
11entered into, relieve any person from the stipulation or any order, judgment or
12conviction entered or made thereon. Where the stipulation was made without
13appearance in or having been filed in court, the court, judge or municipal judge may
14order a written complaint to be filed and set the matter for trial. The stipulation or
15a copy shall, in such cases, be filed with the court, judge or municipal judge and costs
16and fees shall be taxed as provided by law.
AB204,13 17Section 13. 800.005 of the statutes is created to read:
AB204,7,19 18800.005 Time. The provisions of s. 801.15 (1) and (5) apply to actions in
19municipal court.
AB204,14 20Section 14. 800.035 (2) (a) 5. of the statutes is created to read:
AB204,7,2321 800.035 (2) (a) 5. Inform the defendant that he or she must notify the court in
22writing within 5 days of any change of his or her address during the pendency of the
23case.
AB204,15 24Section 15. 800.035 (2) (e) of the statutes is amended to read:
AB204,8,3
1800.035 (2) (e) If the defendant pleads not guilty and a trial is not held
2immediately
, the court shall schedule the case for a pretrial conference under s.
3800.045, further proceedings, or trial, at the discretion of the court.
AB204,16 4Section 16. 800.035 (5) (a) of the statutes is amended to read:
AB204,8,75 800.035 (5) (a) If a defendant is charged with a violation of an ordinance in
6conformity with s. 346.63 (1) or (5), the municipality may, by ordinance, or the judge
7may by order,
require the defendant to appear in person before the court.
AB204,17 8Section 17. 800.035 (5) (c) of the statutes is amended to read:
AB204,8,219 800.035 (5) (c) If a defendant charged with a violation of an ordinance that is
10in conformity with s. 346.63 (1) or (5) pleads not guilty and within 10 days after entry
11of the plea requests a jury trial and pays the required fees, the municipal judge court
12shall promptly transmit all papers and fees in the cause, including any other
13citations or complaints arising from the same incident,
to the clerk of the circuit court
14of the county where the violation occurred for a jury trial under s. 345.43. The plea
15of not guilty and request for jury trial may be made in writing. If the person refused
16to take a test under s. 343.305 (3) and requested a hearing under s. 343.305 (9) to
17determine if the person's refusal was proper, the papers and fees involved in that
18action shall be transferred to the same circuit court, which shall conduct the refusal
19hearing. Upon receipt of the request, the circuit court shall set a time for trial. Any
20deposit made personally or in writing is forfeited upon nonappearance at the time
21set for trial. The required fee for a jury is prescribed in s. 814.61 (4).
AB204,18 22Section 18. 800.05 (3) of the statutes is amended to read:
AB204,9,1123 800.05 (3) Upon receipt of the written request under sub. (1), the original judge
24shall have no further jurisdiction in the case except as provided in sub. (1) and except
25to determine if the request was made timely and in proper form. Upon such a

1determination, or if no determination is made within 7 days, the court shall transfer
2the matter to the chief judge of the judicial administrative district for the
3determination and reassignment of the action as necessary. If the request is
4determined to be proper, the case shall be transferred as provided in s. 751.03 (2).
5Upon transfer, the municipal judge shall immediately transmit to the appropriate
6court judge all the records in the action. Upon receipt of the records, the new judge
7shall specify the court's location in which the case will be heard and shall consider
8any objection to the proposed location in making the determination
. In all such cases,
9the parties shall remain the same, the prosecutor of the transferring court shall be
10responsible for prosecution in before the new court judge, and the judgment, if any,
11shall be payable to the transferring court.
AB204,19 12Section 19. 800.06 (1) of the statutes is amended to read:
AB204,9,1713 800.06 (1) If any municipal judge is to be temporarily absent or is sick or
14disabled, the municipal judge may, by written request, subject to the order of the
15chief judge of the judicial administrative district, designate another municipal judge
16from any municipality within the state to perform his or her duties for a period not
17to exceed 30 days.
AB204,20 18Section 20. 800.085 (2) of the statutes is renumbered 800.085 (2) (intro.) and
19amended to read:
AB204,9,2120 800.085 (2) (intro.) The court finds good cause after considering the following
21factors under s. 807.13 (2) (c).:
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