AB616: Bill Text

LRB-3614/4

RPN&JTK:jlg:km

1999 - 2000 LEGISLATURE

1999 Assembly BILL 616

December 1, 1999 - Introduced by Representatives Albers, Ryba, Meyerhofer, Ainsworth, Goetsch, Hasenohrl, Sykora and Hahn, cosponsored by Senators Schultz, Lazich and Rosenzweig. Referred to Committee on Judiciary and Personal Privacy.

AB616,1,4 An Act to amend 799.01 (1) (c), 799.01 (1) (d) (intro.) and 799.01 (2) of the statutes; relating to: the maximum dollar amount for small claims actions and for claims against the state that may be paid by the claims board without legislative approval.

Analysis by the Legislative Reference Bureau

Under current law, the small claims court procedure, which is much less formal than other circuit court procedures, is limited to certain types of actions, such as evictions, and to actions in which the amount in dispute is $5,000 or less.

Currently, the claims board investigates and makes recommendations on all claims in amounts of $10 or more against the state that are referred to the board by the department of administration. With limited exceptions, whenever the board by unanimous vote finds that payment to a claimant of not more than the maximum amount that may be claimed in most actions and proceedings in small claims court is justified, it may order the amount that it finds justified to be paid without approval of the legislature. If the board does not so find unanimously or if the board finds that payment of a higher amount is justified, the board must recommend to the legislature the amount of the payment that the board finds to be justified.

This bill raises the maximum amount for both purposes to $8,000.

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:

AB616, s. 1 Section 1. 799.01 (1) (c) of the statutes is amended to read:

AB616,2,3 799.01 (1) (c) Replevins. Actions for replevin under ss. 810.01 to 810.13 where the value of the property claimed does not exceed $5,000 $8,000.

AB616, s. 2 Section 2. 799.01 (1) (d) (intro.) of the statutes is amended to read:

AB616,2,6 799.01 (1) (d) Other civil actions. (intro.) Other civil actions where the amount claimed is $5,000 $8,000 or less, if the actions or proceedings are:

AB616, s. 3 Section 3. 799.01 (2) of the statutes is amended to read:

AB616,2,11 799.01 (2) Permissive use of small claims procedure. A taxing authority may use the procedure in this chapter in an action to recover a tax from a person liable for that tax where the amount claimed, including interest and penalties, is $5,000 $8,000 or less. This chapter is not the exclusive procedure for those actions.

AB616, s. 4 Section 4. Initial applicability.

AB616,2,14 (1) This act first applies to actions commenced on the effective date of this subsection.

AB616, s. 5 Section 5. Effective date.

AB616,2,17 (1) This act takes effect on the first day of the 3rd month beginning after publication.

AB616,2,18 (End)