AB566: Bill Text

LRB-3338/2

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2001 - 2002 LEGISLATURE

2001 Assembly BILL 566

October 15, 2001 - Introduced by Representatives Staskunas, Bies, Richards, Berceau, Wasserman, Stone and Lassa, cosponsored by Senators Burke, Rosenzweig, Darling and Huelsman. Referred to Committee on Highway Safety.

AB566,1,3 An Act to amend 346.655 (1), 346.655 (2) (a) and 346.655 (2) (b); and to create 346.655 (2) (am) of the statutes; relating to: a surcharge for convictions related to operating a vehicle while intoxicated.

Analysis by the Legislative Reference Bureau

Under current law, as changed by the 2001 budget act, a person who is convicted of certain violations relating to operating a vehicle while intoxicated must pay a driver improvement surcharge of $355 in addition to any applicable forfeiture or fine, assessments, and costs. The driver improvement surcharge is distributed between the municipality or county where the conviction occurs and the state.

This bill increases the driver improvement surcharge to $455. Under the bill, $100 of that amount is given to the law enforcement agency that arrested the person who is convicted of the violation relating to operating a vehicle while intoxicated. The bill requires the law enforcement agency to use the money to purchase and maintain law enforcement equipment that will be used to prevent alcohol-related and other drug-related criminal activity. The remaining $355 is distributed, as under current law, between the municipality or county where the conviction occurs and the state.

For further information see the 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:

AB566, s. 1 Section 1. 346.655 (1) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB566,2,9 346.655 (1) If a court imposes a fine or a forfeiture for a violation of s. 346.63 (1) or (5), or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall impose a driver improvement surcharge in an amount of $355 $455 in addition to the fine or forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, and, if required by s. 349.04, truck driver education assessment.

AB566, s. 2 Section 2. 346.655 (2) (a) of the statutes is amended to read:

AB566,2,15 346.655 (2) (a) Except as provided in (b), the clerk of circuit court shall collect and transmit $355 of the amount paid by each person under sub. (1) to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment of 38.5% of the amount $355 to the state treasurer as provided in s. 59.25 (3) (f) 2.

AB566, s. 3 Section 3. 346.655 (2) (am) of the statutes is created to read:

AB566,2,24 346.655 (2) (am) The clerk of circuit court or the municipal court shall collect and transmit $100 of the amount paid by each person under sub. (1) to the law enforcement agency that arrested the person for a violation of s. 346.63 (1) or (5), or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle. The law enforcement agency shall use any amounts received under this paragraph to purchase and maintain law enforcement equipment that will assist in the prevention of alcohol-related and other drug-related violations.

AB566, s. 4 Section 4. 346.655 (2) (b) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB566,3,8 346.655 (2) (b) If the forfeiture is imposed by a municipal court, the court shall transmit $355 of the amount paid by each person to the treasurer of the county, city, town, or village, and that treasurer shall make payment of 38.5% of the amount $355 to the state treasurer as provided in s. 66.0114 (1) (bm). The treasurer of the city, town, or village shall transmit the remaining 61.5% of the amount $355 to the treasurer of the county.

AB566,3,9 (End)