TNF&DAK:kaf:jf
1997 - 1998 LEGISLATURE
March 4, 1997 - Introduced by Representatives Carpenter, Urban, M. Lehman,
Bock, Notestein, Kedzie, J. Lehman, Boyle
and R. Potter, cosponsored by
Senators Clausing and Buettner. Referred to Committee on Ways and
Means.
AB147,1,12 1An Act to amend 59.25 (3) (f) 2., 59.40 (2) (m), 66.119 (1) (b) 7. c., 66.119 (1) (b)
27. d., 66.119 (1) (c), 66.119 (3) (a), 66.119 (3) (b), 66.119 (3) (c), 66.119 (3) (d), 66.12
3(1) (b), 345.26 (1) (b) 1., 345.26 (2) (b), 345.36 (2) (b), 345.37 (1) (b), 345.37 (2),
4345.37 (5), 345.375 (2), 345.47 (title), 345.47 (1) (intro.), 345.47 (1) (b), 345.47
5(1) (c), 345.47 (2), 345.47 (3), 345.49, 345.61 (2) (c), 346.655 (1), 778.02, 778.03,
6778.06, 778.10, 778.105, 778.13, 778.18, 800.02 (2) (a) 8., 800.02 (3) (a) 5., 800.03
7(3), 800.04 (2) (c), 800.09 (1), 800.09 (2) (b), 800.095 (4) (b) 1., 800.10 (2), 800.12
8(2), 938.237 (2), 938.37 (1), 938.37 (3), 973.05 (1), 973.05 (2), 973.05 (3) (a) and
9973.07; and to create 20.435 (1) (gt), 146.58 (9), 345.15, 814.60 (2) (cg) and
10814.63 (3) (bg) of the statutes; relating to: imposing an emergency medical
11services surcharge, requiring distribution of funds by the emergency medical
12services board and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, any person convicted of a state or local traffic law violation
(except for parking or certain safety belt use violations) must, in addition to any

forfeiture or fine imposed, pay a penalty assessment, jail assessment and any
applicable fees. This bill requires the person to also pay an emergency medical
services surcharge of $5. Under the bill, the emergency medical services board must
annually distribute moneys obtained from the imposition of this surcharge, under a
funding formula, for ambulance service vehicles or vehicle equipment, emergency
medical services supplies or equipment or emergency medical training for personnel.
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:
AB147, s. 1 1Section 1. 20.435 (1) (gt) of the statutes is created to read:
AB147,2,62 20.435 (1) (gt) Emergency medical services; aids. All moneys received from
3emergency medical services surcharges imposed under s. 345.15 (2), to be used for
4ambulance service vehicles or vehicle equipment, emergency medical services
5supplies or equipment or emergency medical training for personnel under s. 146.58
6(9).
AB147, s. 2 7Section 2. 59.25 (3) (f) 2. of the statutes is amended to read:
AB147,3,108 59.25 (3) (f) 2. For all court imposed fines and forfeitures required by law to be
9deposited in the state treasury, the amounts required by s. 165.87 for the penalty
10assessment surcharge, the amounts required by s. 167.31 (5) for the weapons
11assessment, the amounts required by s. 973.045 for the crime victim and witness
12assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic
13acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse
14program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or
15required by s. 973.055 (1) for the domestic abuse assessment, the amounts required
16by s. 345.15 for the emergency medical services surcharge,
the amounts required by
17s. 346.655 (2) (a) and (b) for the driver improvement surcharge, the amounts required
18by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s.

1299.93 for the environmental assessment, the amounts required by s. 29.9965 for the
2wild animal protection assessment, the amounts required by s. 29.997 for the natural
3resources assessment surcharge, the amounts required by s. 29.9967 for the fishing
4shelter removal assessment, the amounts required by s. 350.115 for the snowmobile
5registration restitution payment and the amounts required by s. 29.998 for natural
6resources restitution payments, transmit to the state treasurer a statement of all
7moneys required by law to be paid on the actions entered during the preceding month
8on or before the first day of the next succeeding month, certified by the county
9treasurer's personal signature affixed or attached thereto, and at the same time pay
10to the state treasurer the amount thereof.
AB147, s. 3 11Section 3. 59.40 (2) (m) of the statutes is amended to read:
AB147,4,812 59.40 (2) (m) Pay monthly to the treasurer for the use of the state the state's
13percentage of the fees required to be paid on each civil action, criminal action and
14special proceeding filed during the preceding month and pay monthly to the
15treasurer for the use of the state the percentage of court imposed fines and forfeitures
16required by law to be deposited in the state treasury, the amounts required by s.
17165.87 (2) (b) for the penalty assessment surcharge, the amounts required by s.
18167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the
19crime victim and witness assistance surcharge, the amounts required by s. 973.046
20for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41
21(5) for the drug abuse program improvement surcharge, the amounts authorized by
22s. 971.37 (1m) (c) 1. or required by s. 973.055 for the domestic abuse assessment
23surcharge, the amounts required by s. 345.15 for the emergency medical services
24surcharge,
the amounts required by s. 346.655 for the driver improvement
25surcharge, the amounts required by s. 102.85 (4) for the uninsured employer

1assessment, the amounts required by s. 299.93 for the environmental assessment,
2the amounts required under s. 29.9965 for the wild animal protection assessment,
3the amounts required under s. 29.997 (1) (d) for the natural resources assessment
4surcharge, the amounts required by s. 29.9967 for the fishing shelter removal
5assessment, the amounts required by s. 350.115 for the snowmobile registration
6restitution payment and the amounts required under s. 29.998 (1) (d) for the natural
7resources restitution payments. The payments shall be made by the 15th day of the
8month following receipt thereof.
AB147, s. 4 9Section 4. 66.119 (1) (b) 7. c. of the statutes is amended to read:
AB147,4,1610 66.119 (1) (b) 7. c. That if the alleged violator makes a cash deposit and does
11not appear in court, he or she either will be deemed to have tendered a plea of no
12contest and submitted to a forfeiture, a penalty assessment imposed by s. 165.87, a
13jail assessment imposed by s. 302.46 (1), any applicable emergency medical services
14surcharge imposed by s. 345.15 (2)
and any applicable domestic abuse assessment
15imposed by s. 973.055 (1) not to exceed the amount of the deposit or will be summoned
16into court to answer the complaint if the court does not accept the plea of no contest.
AB147, s. 5 17Section 5. 66.119 (1) (b) 7. d. of the statutes is amended to read:
AB147,4,2518 66.119 (1) (b) 7. d. That if the alleged violator does not make a cash deposit and
19does not appear in court at the time specified, the court may issue a summons or a
20warrant for the defendant's arrest or consider the nonappearance to be a plea of no
21contest and enter judgment under sub. (3) (d), or the municipality may commence an
22action against the alleged violator to collect the forfeiture, the penalty assessment
23imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1) , any applicable
24emergency medical services surcharge imposed by s. 345.15 (2)
and any applicable
25domestic abuse assessment imposed by s. 973.055 (1).
AB147, s. 6
1Section 6. 66.119 (1) (c) of the statutes is amended to read:
AB147,5,92 66.119 (1) (c) An ordinance adopted under par. (a) shall contain a schedule of
3cash deposits that are to be required for the various ordinance violations, and for the
4penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46
5(1), any applicable emergency medical services surcharge imposed by s. 345.15 (2)
6and any applicable domestic abuse assessment imposed by s. 973.055 (1), for which
7a citation may be issued. The ordinance shall also specify the court, clerk of court
8or other official to whom cash deposits are to be made and shall require that receipts
9be given for cash deposits.
AB147, s. 7 10Section 7. 66.119 (3) (a) of the statutes is amended to read:
AB147,5,1811 66.119 (3) (a) The person named as the alleged violator in a citation may appear
12in court at the time specified in the citation or may mail or deliver personally a cash
13deposit in the amount, within the time and to the court, clerk of court or other official
14specified in the citation. If a person makes a cash deposit, the person may
15nevertheless appear in court at the time specified in the citation, provided that the
16cash deposit may be retained for application against any forfeiture, restitution,
17penalty assessment, jail assessment, emergency medical services surcharge or
18domestic abuse assessment that may be imposed.
AB147, s. 8 19Section 8. 66.119 (3) (b) of the statutes is amended to read:
AB147,6,520 66.119 (3) (b) If a person appears in court in response to a citation, the citation
21may be used as the initial pleading, unless the court directs that a formal complaint
22be made, and the appearance confers personal jurisdiction over the person. The
23person may plead guilty, no contest or not guilty. If the person pleads guilty or no
24contest, the court shall accept the plea, enter a judgment of guilty and impose a
25forfeiture, the penalty assessment imposed by s. 165.87, the jail assessment imposed

1by s. 302.46 (1), any applicable emergency medical services surcharge imposed by s.
2345.15 (2)
and any applicable domestic abuse assessment imposed by s. 973.055 (1).
3If the court finds that the violation meets the conditions in s. 800.093 (1), the court
4may order restitution under s. 800.093. A plea of not guilty shall put all matters in
5the case at issue, and the matter shall be set for trial.
AB147, s. 9 6Section 9. 66.119 (3) (c) of the statutes is amended to read:
AB147,7,77 66.119 (3) (c) If the alleged violator makes a cash deposit and fails to appear
8in court, the citation may serve as the initial pleading and the violator shall be
9considered to have tendered a plea of no contest and submitted to a forfeiture, the
10penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46
11(1), any applicable emergency medical services surcharge imposed by s. 345.15 (2)
12and any applicable domestic abuse assessment imposed by s. 973.055 (1) not
13exceeding the amount of the deposit. The court may either accept the plea of no
14contest and enter judgment accordingly or reject the plea. If the court finds the
15violation meets the conditions in s. 800.093 (1), the court may summon the alleged
16violator into court to determine if restitution shall be ordered under s. 800.093. If
17the court accepts the plea of no contest, the defendant may move within 10 days after
18the date set for the appearance to withdraw the plea of no contest, open the judgment
19and enter a plea of not guilty if the defendant shows to the satisfaction of the court
20that the failure to appear was due to mistake, inadvertence, surprise or excusable
21neglect. If the plea of no contest is accepted and not subsequently changed to a plea
22of not guilty, no costs or fees may be taxed against the violator, but a penalty
23assessment, a jail assessment and, if applicable, an emergency medical services
24surcharge or
a domestic abuse assessment shall be assessed. If the court rejects the
25plea of no contest, an action for collection of the forfeiture, penalty assessment, jail

1assessment and any applicable emergency medical services surcharge or domestic
2abuse assessment may be commenced. A city, village, town sanitary district or public
3inland lake protection and rehabilitation district may commence action under s.
466.12 (1) and a county or town may commence action under s. 778.10. The citation
5may be used as the complaint in the action for the collection of the forfeiture, penalty
6assessment, jail assessment and any applicable emergency medical services
7surcharge or
domestic abuse assessment.
AB147, s. 10 8Section 10. 66.119 (3) (d) of the statutes is amended to read:
AB147,8,69 66.119 (3) (d) If the alleged violator does not make a cash deposit and fails to
10appear in court at the time specified in the citation, the court may issue a summons
11or warrant for the defendant's arrest or consider the nonappearance to be a plea of
12no contest and enter judgment accordingly if service was completed as provided
13under par. (e) or the county, town, city, village, town sanitary district or public inland
14lake protection and rehabilitation district may commence an action for collection of
15the forfeiture, penalty assessment and jail assessment and any applicable
16emergency medical services surcharge or domestic abuse assessment. A city, village,
17town sanitary district or public inland lake protection and rehabilitation district may
18commence action under s. 66.12 (1) and a county or town may commence action under
19s. 778.10. The citation may be used as the complaint in the action for the collection
20of the forfeiture, penalty assessment and jail assessment and any applicable
21emergency medical services surcharge or domestic abuse assessment. If the court
22considers the nonappearance to be a plea of no contest and enters judgment
23accordingly, the court shall promptly mail a copy or notice of the judgment to the
24defendant. The judgment shall allow the defendant not less than 20 days from the
25date of the judgment to pay any forfeiture, penalty assessment and jail assessment

1and any applicable emergency medical services surcharge or domestic abuse
2assessment imposed. If the defendant moves to open the judgment within 6 months
3after the court appearance date fixed in the citation, and shows to the satisfaction
4of the court that the failure to appear was due to mistake, inadvertence, surprise or
5excusable neglect, the court shall reopen the judgment, accept a not guilty plea and
6set a trial date.
AB147, s. 11 7Section 11. 66.12 (1) (b) of the statutes is amended to read:
AB147,9,118 66.12 (1) (b) Local ordinances, except as provided in this paragraph or ss.
9345.20 to 345.53, may contain a provision for stipulation of guilt or no contest of any
10or all violations under those ordinances, and may designate the manner in which the
11stipulation is to be made and fix the penalty to be paid. When a person charged with
12a violation for which stipulation of guilt or no contest is authorized makes a timely
13stipulation and pays the required penalty and pays the penalty assessment imposed
14by s. 165.87, the jail assessment imposed by s. 302.46 (1), any applicable emergency
15medical services surcharge imposed by s. 345.15 (2)
and any applicable domestic
16abuse assessment imposed by s. 973.055 (1) to the designated official, the person
17need not appear in court and no witness fees or other additional costs may be taxed
18unless the local ordinance so provides. A court appearance is required for a violation
19of a local ordinance in conformity with s. 346.63 (1). The official receiving the
20penalties shall remit all moneys collected to the treasurer of the city, village, town
21sanitary district or public inland lake protection and rehabilitation district in whose
22behalf the sum was paid, except that all jail assessments shall be remitted to the
23county treasurer, within 20 days after its receipt by him or her; and in case of any
24failure in the payment, the treasurer may collect the payment of the officer by action,
25in the name of the office, and upon the official bond of the officer, with interest at the

1rate of 12% per year from the time when it should have been paid. In the case of the
2penalty assessment imposed by s. 165.87, the driver improvement surcharge
3imposed by s. 346.655 (1), the emergency medical services surcharge imposed by s.
4345.15 (2)
and any applicable domestic abuse assessment imposed by s. 973.055 (1),
5the treasurer of the city, village, town sanitary district or public inland lake
6protection and rehabilitation district shall remit to the state treasurer the sum
7required by law to be paid on the actions so entered during the preceding month on
8or before the first day of the next succeeding month. The governing body of the city,
9village, town sanitary district or public inland lake protection and rehabilitation
10district shall by ordinance designate the official to receive the penalties and the
11terms under which the official shall qualify.
AB147, s. 12 12Section 12. 146.58 (9) of the statutes is created to read:
AB147,9,2313 146.58 (9) (a) From the appropriation under s. 20.435 (1) (gt), annually
14distribute funds for ambulance service vehicles or vehicle equipment, emergency
15medical services supplies or equipment or emergency medical training for personnel
16to an ambulance service provider that is a public agency, a volunteer fire department
17or a nonprofit corporation, under a funding formula consisting of an identical base
18amount for each ambulance service provider plus a supplemental amount based on
19the population of the ambulance service provider's primary service or contract area,
20as established under s. 146.50 (5) (a). If a public agency has contracted for ambulance
21service with an ambulance service provider that operates for profit, the emergency
22medical services board shall distribute funds under this paragraph to the public
23agency.
AB147,9,2524 (b) Distribute funds under par. (a) only as a supplement to existing, budgeted
25moneys of or provided to an ambulance service provider. The funds under par. (a)

1may not be used to replace, decrease or release for alternative purposes the existing,
2budgeted moneys of or provided to the ambulance service provider. In order to ensure
3compliance with this paragraph, the emergency medical services board shall require
4a financial report of expenditures under this subsection from an ambulance service
5provider and may require a financial report of expenditures under this subsection
6from an owner or operator of an ambulance service or a public agency, volunteer fire
7department or a nonprofit corporation with which an ambulance service provider has
8contracted to provide ambulance services.
AB147, s. 13 9Section 13. 345.15 of the statutes is created to read:
AB147,10,12 10345.15 Emergency medical services surcharge. (1) All moneys collected
11from emergency medical services surcharges under this section shall be deposited in
12s. 20.435 (1) (gt) and utilized in accordance with s. 146.58 (9).
AB147,10,19 13(2) (a) Whenever a court imposes a fine or forfeiture for a violation of any state
14traffic law or ordinance enacted in accordance with s. 349.06, except for a violation
15of any state or local law involving a nonmoving traffic violation or a safety belt use
16violation under s. 347.48 (2m), there shall be imposed in addition an emergency
17medical services surcharge of $5. If multiple offenses are involved, the court shall
18impose an emergency medical services surcharge upon each fine or forfeiture
19imposed.
AB147,10,2320 (b) If a fine or forfeiture is imposed by a court of record, after a determination
21by the court of the amount due, the clerk of the court shall collect and transmit such
22amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer
23shall then make payment to the state treasurer as provided in s. 59.25 (3) (f) 2.
AB147,11,224 (c) If a fine or forfeiture is imposed by a municipal court, after a determination
25by the court of the amount due, the court shall collect and transmit such amount to

1the treasurer of the county, city, town or village, and that treasurer shall make
2payment to the state treasurer as provided in s. 66.12 (1) (b).
AB147, s. 14 3Section 14. 345.26 (1) (b) 1. of the statutes is amended to read:
AB147,11,104 345.26 (1) (b) 1. If the person makes a deposit for a violation of a traffic
5regulation, the person need not appear in court at the time fixed in the citation, and
6the person will be deemed to have tendered a plea of no contest and submitted to a
7forfeiture and a penalty assessment, if required by s. 165.87, and a jail assessment,
8if required by s. 302.46 (1), and an emergency medical services surcharge, if required
9by s. 345.15 (2),
plus any applicable fees prescribed in ch. 814, not to exceed the
10amount of the deposit that the court may accept as provided in s. 345.37; and
AB147, s. 15 11Section 15. 345.26 (2) (b) of the statutes is amended to read:
AB147,11,1512 345.26 (2) (b) In addition to the amount in par. (a), the deposit shall include
13court costs, including any applicable fees prescribed in ch. 814, any applicable
14penalty assessment, any applicable emergency medical services surcharge and any
15applicable jail assessment.
AB147, s. 16 16Section 16. 345.36 (2) (b) of the statutes is amended to read:
AB147,12,317 345.36 (2) (b) Deem the nonappearance a plea of no contest and enter judgment
18accordingly. If the defendant has posted bond for appearance at that date, the court
19may also order the bond forfeited. The court shall promptly mail a copy of the
20judgment to the defendant. The judgment shall allow not less than 20 days from the
21date thereof for payment of any forfeiture, penalty assessment, jail assessment,
22emergency medical services surcharge
and costs imposed. If the defendant moves
23to open the judgment within 20 days after the date set for trial, and shows to the
24satisfaction of the court that the failure to appear was due to mistake, inadvertence,
25surprise or excusable neglect, the court shall open the judgment, reinstate the not

1guilty plea and set a new trial date. The court may impose costs under s. 814.07. The
2court shall immediately notify the department to delete the record of conviction
3based upon the original judgment.
AB147, s. 17 4Section 17. 345.37 (1) (b) of the statutes is amended to read:
AB147,12,185 345.37 (1) (b) Deem the nonappearance a plea of no contest and enter judgment
6accordingly. If the defendant has posted bond for appearance at that date, the court
7may also order the bond forfeited. The court shall promptly mail a copy or notice of
8the judgment to the defendant. The judgment shall allow not less than 20 days from
9the date thereof for payment of any forfeiture, penalty assessment , emergency
10medical services surcharge
and costs imposed. If the defendant moves to open the
11judgment within 6 months after the court appearance date fixed in the citation, and
12shows to the satisfaction of the court that the failure to appear was due to mistake,
13inadvertence, surprise or excusable neglect, the court shall open the judgment,
14accept a not guilty plea and set a trial date. The court may impose costs under s.
15814.07. The court shall immediately notify the department to delete the record of
16conviction based upon the original judgment. If the offense involved is a nonmoving
17traffic violation and the defendant is subject to s. 345.28 (5) (c), a default judgment
18may be entered and opened as provided in s. 345.28 (5) (c).
AB147, s. 18 19Section 18. 345.37 (2) of the statutes is amended to read:
AB147,13,1020 345.37 (2) If the defendant has made a deposit under s. 345.26, the citation may
21serve as the initial pleading and the defendant shall be deemed to have tendered a
22plea of no contest and submitted to a forfeiture and a penalty assessment, if required
23by s. 165.87, and a jail assessment, if required by s. 302.46 (1), and an emergency
24medical services surcharge, if required by s. 345.15 (2),
plus costs, including any
25applicable fees prescribed in ch. 814, not exceeding the amount of the deposit. The

1court may either accept the plea of no contest and enter judgment accordingly, or
2reject the plea and issue a summons under ch. 968. If the defendant fails to appear
3in response to the summons, the court shall issue a warrant under ch. 968. If the
4court accepts the plea of no contest, the defendant may move within 6 months after
5the date set for the appearance to withdraw the plea of no contest, open the judgment
6and enter a plea of not guilty upon a showing to the satisfaction of the court that the
7failure to appear was due to mistake, inadvertence, surprise or excusable neglect.
8If on reopening the defendant is found not guilty, the court shall immediately notify
9the department to delete the record of conviction based on the original proceeding
10and shall order the defendant's deposit returned.
AB147, s. 19 11Section 19. 345.37 (5) of the statutes is amended to read:
AB147,13,1712 345.37 (5) Within 5 working days after forfeiture of deposit or entry of default
13judgment, the official receiving the forfeiture, the penalty assessment, if required by
14s. 165.87, and the jail assessment, if required by s. 302.46 (1), and the emergency
15medical services surcharge, if required by s. 345.15 (2),
shall forward to the
16department a certification of the entry of default judgment or a judgment of
17forfeiture.
AB147, s. 20 18Section 20. 345.375 (2) of the statutes is amended to read:
AB147,13,2319 345.375 (2) Upon default of the defendant corporation or limited liability
20company or upon conviction, judgment for the amount of the forfeiture, the penalty
21assessment, if required under s. 165.87, and the jail assessment, if required by s.
22302.46 (1), and the emergency medical services surcharge, if required by s. 345.15 (2),
23shall be entered.
AB147, s. 21 24Section 21. 345.47 (title) of the statutes is amended to read:
AB147,14,2
1345.47 (title) Judgment of forfeitures and, assessments and
2surcharges
.
AB147, s. 22 3Section 22. 345.47 (1) (intro.) of the statutes is amended to read:
AB147,14,104 345.47 (1) (intro.) If the defendant is found guilty, the court may enter
5judgment against the defendant for a monetary amount not to exceed the maximum
6forfeiture, penalty assessment, if required by s. 165.87, and the jail assessment, if
7required by s. 302.46 (1), and emergency medical services surcharge, if required by
8s. 345.15 (2),
provided for the violation and for costs under s. 345.53 and, in addition,
9may suspend or revoke his or her operating privilege under s. 343.30. If the judgment
10is not paid, the court shall order:
AB147, s. 23 11Section 23. 345.47 (1) (b) of the statutes is amended to read:
AB147,14,1912 345.47 (1) (b) In lieu of imprisonment and in addition to any other suspension
13or revocation, that the defendant's operating privilege be suspended for 30 days or
14until the person pays the forfeiture, the penalty assessment, if required by s. 165.87,
15and the jail assessment, if required by s. 302.46 (1), and the emergency medical
16services surcharge, if required by s. 345.15 (2),
but not to exceed 5 years. Suspension
17under this paragraph shall not affect the power of the court to suspend or revoke
18under s. 343.30 or the power of the secretary to suspend or revoke the operating
19privilege.
AB147, s. 24 20Section 24. 345.47 (1) (c) of the statutes is amended to read:
AB147,15,821 345.47 (1) (c) If a court or judge suspends an operating privilege under this
22section, the court or judge shall immediately take possession of the suspended license
23and shall forward it to the department together with the notice of suspension, which
24shall clearly state that the suspension was for failure to pay a forfeiture, a penalty
25assessment, if required by s. 165.87, and a jail assessment, if required by s. 302.46

1(1), and an emergency medical services surcharge, if required by s. 345.15 (2),
2imposed by the court. The notice of suspension and the suspended license, if it is
3available, shall be forwarded to the department within 48 hours after the order of
4suspension. If the forfeiture, penalty assessment and , jail assessment and
5emergency medical services surcharge
are paid during a period of suspension, the
6court or judge shall immediately notify the department. Upon receipt of the notice
7and payment of the reinstatement fee under s. 343.21 (1) (j), the department shall
8return the surrendered license.
AB147, s. 25 9Section 25. 345.47 (2) of the statutes is amended to read:
AB147,15,1410 345.47 (2) The payment of any judgment may be suspended or deferred for not
11more than 60 days in the discretion of the court. In cases where a deposit has been
12made, any forfeitures, penalty assessments, jail assessments, emergency medical
13services surcharges
and costs shall be taken out of the deposit and the balance, if any,
14returned to the defendant.
AB147, s. 26 15Section 26. 345.47 (3) of the statutes is amended to read:
AB147,15,2016 345.47 (3) When a defendant is imprisoned for nonpayment of a forfeiture, a
17penalty assessment or, a jail assessment or an emergency medical services surcharge
18for an action brought by a municipality located in more than one county, any
19commitment to a county institution shall be to the county in which the action was
20tried.
AB147, s. 27 21Section 27. 345.49 of the statutes is amended to read:
AB147,16,5 22345.49 (title) Procedure on imprisonment; nonpayment of forfeiture or,
23assessments
or surcharges. (1) Any person imprisoned under s. 345.47 for
24nonpayment of a forfeiture, a penalty assessment, if required by s. 165.87, or a jail
25assessment, if required by s. 302.46 (1), or an emergency medical services surcharge,

1if required by s. 345.15 (2),
may, on request, be allowed to work under s. 303.08. If
2the person does work, earnings shall be applied on the unpaid forfeiture, penalty
3assessment or, jail assessment or emergency medical services surcharge after
4payment of personal board and expenses and support of personal dependents to the
5extent directed by the court.
AB147,16,16 6(2) Any person who is subject to imprisonment under s. 345.47 for nonpayment
7of a forfeiture, penalty assessment or, jail assessment or emergency medical services
8surcharge
may be placed on probation to some person satisfactory to the court for not
9more than 90 days or until the forfeiture, penalty assessment or , jail assessment or
10emergency medical services surcharge
is paid if that is done before expiration of the
1190-day period. The payment of the forfeiture, penalty assessment or, jail assessment
12or emergency medical services surcharge during that period shall be a condition of
13the probation. If the forfeiture, penalty assessment or , jail assessment or emergency
14medical services surcharge
is not paid or the court deems that the interests of justice
15require, probation may be terminated and the defendant imprisoned as provided in
16sub. (1) or s. 345.47.
AB147, s. 28 17Section 28. 345.61 (2) (c) of the statutes is amended to read:
AB147,17,418 345.61 (2) (c) "Guaranteed arrest bond certificate" as used in this section means
19any printed card or other certificate issued by an automobile club, association or
20insurance company to any of its members or insureds, which card or certificate is
21signed by the member or insureds and contains a printed statement that the
22automobile club, association or insurance company and a surety company, or an
23insurance company authorized to transact both automobile liability insurance and
24surety business, guarantee the appearance of the persons whose signature appears
25on the card or certificate and that they will in the event of failure of the person to

1appear in court at the time of trial, pay any fine or forfeiture imposed on the person,
2including the penalty assessment required by s. 165.87 and , the jail assessment
3required by s. 302.46 (1), and the emergency medical services surcharge required by
4s. 345.15 (2)
in an amount not exceeding $200, or $1,000 as provided in sub. (1) (b).
AB147, s. 29 5Section 29. 346.655 (1) of the statutes is amended to read:
AB147,17,116 346.655 (1) On or after July 1, 1988, if If a court imposes a fine or a forfeiture
7for a violation of s. 346.63 (1) or (5), or a local ordinance in conformity therewith, or
8s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a
9vehicle, it shall impose a driver improvement surcharge in an amount of $300 in
10addition to the fine or forfeiture, penalty assessment and , jail assessment and
11emergency medical services surcharge
.
AB147, s. 30 12Section 30. 778.02 of the statutes is amended to read:
AB147,17,25 13778.02 Action in name of state; complaint; attachment. Every such
14forfeiture action shall be in the name of the state of Wisconsin, and it is sufficient to
15allege in the complaint that the defendant is indebted to the plaintiff in the amount
16of the forfeiture claimed, according to the provisions of the statute that imposes it,
17specifying the statute and for the penalty assessment imposed by s. 165.87, the jail
18assessment imposed by s. 302.46 (1), any applicable emergency medical services
19surcharge imposed by s. 345.15 (2)
and any applicable domestic abuse assessment
20imposed by s. 973.055 (1). If the statute imposes a forfeiture for several offenses or
21delinquencies the complaint shall specify the particular offense or delinquency for
22which the action is brought, with a demand for judgment for the amount of the
23forfeiture, penalty assessment, jail assessment and any applicable emergency
24medical services surcharge or
domestic abuse assessment. If the defendant is a
25nonresident of the state, an attachment may issue.
AB147, s. 31
1Section 31. 778.03 of the statutes is amended to read:
AB147,18,8 2778.03 Complaint to recover forfeited goods. In an action to recover
3property forfeited by any statute it shall be sufficient to allege in the complaint that
4the property has been forfeited, specifying the statute, with a demand of judgment
5for the delivery of the property, or the value thereof and for payment of the penalty
6assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), any
7applicable emergency medical services surcharge imposed by s. 345.15 (2)
and any
8applicable domestic abuse assessment imposed by s. 973.055 (1).
AB147, s. 32 9Section 32. 778.06 of the statutes is amended to read:
AB147,18,16 10778.06 Action for what sum. When a forfeiture is imposed, not exceeding a
11specific sum or when it is not less than one sum or more than another, the action may
12be brought for the highest sum specified and for the penalty assessment imposed by
13s. 165.87, the jail assessment imposed by s. 302.46 (1), any applicable emergency
14medical services surcharge imposed by s. 345.15 (2)
and any applicable domestic
15abuse assessment imposed by s. 973.055 (1); and judgment may be rendered for such
16sum as the court or jury shall assess or determine to be proportionate to the offense.
AB147, s. 33 17Section 33. 778.10 of the statutes is amended to read:
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