AB341: Bill Text

LRB-1466/1

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2003 - 2004 LEGISLATURE

2003 Assembly BILL 341

May 13, 2003 - Introduced by Representatives Kreibich, Kaufert, J. Wood, M. Williams, Vrakas, Owens, Ward, Rhoades, Turner, Jeskewitz, Gielow, Musser, Shilling, Ott, Ladwig, Pettis, Balow, Hines, Loeffelholz, Olsen, Berceau, Albers, Van Roy, Weber, Friske, J. Fitzgerald, Suder, Miller, Plouff and Townsend, cosponsored by Senators Roessler, Leibham, Darling, Stepp, Cowles and Jauch. Referred to Committee on Children and Families.

AB341,1,4 An Act to amend 765.15 and 973.055 (1) (intro.) of the statutes; relating to: authorizing counties to use the marriage license fee for purposes related to domestic violence and increasing the assessment imposed on persons convicted of domestic abuse offenses.

Analysis by the Legislative Reference Bureau

Under current law, the fee for a marriage license, which is paid to the county clerk, is $49.50, but a county board may increase the fee by any amount. Of the amount of the fee, the state receives $25 and the county retains the remainder, which is $24.50 if the county board does not increase the fee. Of the amount retained by the county, $20 must be used for its family court counseling services, under which mediation services are provided to the parties in an action affecting the family, such as a divorce, when custody or physical placement of a child is contested. This bill does not change the requirement that a county must use $20 of the portion of the marriage license fee that it keeps for its family court counseling services, but the bill specifically authorizes a county to use any or all of the remaining amount that it keeps for education, training, or services related to domestic violence.

Current law also provides funding for services related to domestic violence through the domestic abuse assessment, which a court imposes when sentencing a person for committing a domestic abuse offense. The Department of Health and Family Services uses money from the assessment to award grants to organizations and agencies that provide those services. This bill also increases the domestic abuse assessment from $50 to $75 per offense.

For further information see the state 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:

AB341, s. 1 Section 1. 765.15 of the statutes is amended to read:

AB341,2,12 765.15 Fee to county clerk. Each county clerk shall receive as a fee for each license granted the sum of $49.50, of which $24.50 shall become a part of the funds of the county, and $25 shall be paid into the state treasury. The county shall use $20 of the amount that it retains from each license fee only for expenses incurred under s. 767.11. The county may, but is not required to, use any or all of the remainder of the amount that it retains for education, training, or services related to domestic violence. Each county board may increase the license fee of $49.50 by any amount, which amount shall become a part of the funds of the county. The clerk shall also receive a standard notary fee of 50 cents for each license granted which may be retained by the clerk if operating on a fee or part fee basis, but which otherwise shall become part of the funds of the county.

AB341, s. 2 Section 2. 973.055 (1) (intro.) of the statutes is amended to read:

AB341,2,16 973.055 (1) (intro.) If a court imposes a sentence on an adult person or places an adult person on probation, regardless of whether any fine is imposed, the court shall impose a domestic abuse assessment of $50 $75 for each offense if:

AB341,2,17 (End)