AB651: Bill Text

LRB-3166/1

ARG:kjf:rs

2005 - 2006 LEGISLATURE

2005 Assembly BILL 651

September 9, 2005 - Introduced by Representatives Pettis, Musser, Suder, Gundrum, Hahn and F. Lasee, cosponsored by Senators A. Lasee and Hansen. Referred to Committee on State Affairs.

AB651,1,7 An Act to renumber and amend 125.07 (3) (b); to amend 125.07 (4) (cd), 165.755 (1) (b), 302.46 (1) (a), 757.05 (1) (a), 814.63 (1) (c), 814.63 (2), 814.65 (1), 814.85 (1) (a) and 814.86 (1); and to create 125.035 (4) (c), 125.07 (1) (b) 7., 125.07 (3) (b) 2., 125.07 (4) (cb), 125.072, 814.75 (23m), 814.78 (13), 814.80 (12) and 814.81 (10) of the statutes; relating to: certain underage persons possessing, consuming, or being provided alcohol beverages, creating an underage service member surcharge, and providing a penalty.

Analysis by the Legislative Reference Bureau

Under current law, with certain exceptions, a person who has not reached the legal drinking age of 21 years (underage person), and who is not accompanied by his or her parent, guardian, or spouse who has reached the legal drinking age, may not knowingly possess or consume alcohol beverages and may not enter or be on any premises for which a license or permit for the retail sale of alcohol beverages has been issued. Also, no person (including a licensee or permittee) may procure for, sell, dispense, or give away alcohol beverages to an underage person who is not accompanied by his or her parent, guardian, or spouse who has reached the legal drinking age. Current law also prohibits an adult from intentionally encouraging or contributing to the illegal provision of alcohol beverages to an underage person and from knowingly permitting or failing to take action to prevent the illegal consumption of alcohol beverages by an underage person on premises owned by the adult or under the adult's control. Current law imposes a wide variety of potential penalties for violating these various prohibitions, ranging from a forfeiture of $100 to a fine of $10,000 and imprisonment for not more than nine months, as well as possible driver's license suspension, alcohol beverage license suspension, required participation on a supervised work program or other community service work, or certain combinations of these penalties.

Under this bill, a person who violates any of these various prohibitions is subject to a forfeiture of $5, and no other penalty except the surcharge described below, if the violation occurs on premises operated under a retail license or permit and results from the furnishing of alcohol beverages to, possession or consumption of alcohol beverages by, or presence on the premises of, a 19-year-old or 20-year-old member of the U.S. armed forces residing in this state who possesses a valid Wisconsin driver's license or identification card and a valid military identification card containing the person's photograph and date of birth (underage service member violation).

Current law imposes various surcharges against persons who violate certain laws; these surcharges must be paid in addition to any fine or forfeiture imposed and in addition to any other surcharge imposed. Under this bill, a court may not impose any of these surcharges under current law for an underage service member violation. However, the bill also creates a new underage service member surcharge, in an amount of $5, that must be imposed on any alcohol beverage licensee or permittee or employee of such a licensee or permittee for an underage service member violation. The money collected from the underage service member surcharge is deposited in the veterans trust fund.

Under current law, a person is immune from civil liability arising out of the act of procuring alcohol beverages for or selling, dispensing, or giving away alcohol beverages to another person. However, this immunity may not apply if the person unlawfully procures alcohol beverages for or sells, dispenses, or gives away alcohol beverages to an underage person under certain circumstances. This bill provides for immunity with respect to underage service member violations.

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:

AB651, s. 1 Section 1. 125.035 (4) (c) of the statutes is created to read:

AB651,3,2 125.035 (4) (c) Notwithstanding par. (b), sub. (2) applies if the act of procuring alcohol beverages for or selling, dispensing, or giving away alcohol beverages is a violation of s. 125.07 (1) (a) for which a forfeiture is or could be imposed under s. 125.07 (1) (b) 7.

AB651, s. 2 Section 2. 125.07 (1) (b) 7. of the statutes is created to read:

AB651,3,12 125.07 (1) (b) 7. Notwithstanding subds. 2., 3., and 5., if a violation occurs on premises operated under a Class "B" license or permit, a "Class B" license or permit, or a "Class C" license and results from the furnishing of alcohol beverages to, or possession or consumption of alcohol beverages by, a person who is 19 or 20 years of age and a member of the U.S. armed forces, as defined in s. 40.02 (57m), residing in this state who possesses an official identification card, as defined in s. 125.085 (1), and a valid military identification card containing the person's photograph and date of birth, the person who commits the violation may be required to forfeit not more than $5 and no license or permit may be suspended under subd. 3.

AB651, s. 3 Section 3. 125.07 (3) (b) of the statutes is renumbered 125.07 (3) (b) 1. and amended to read:

AB651,3,17 125.07 (3) (b) 1. A Except as provided in subd. 2., a licensee or permittee who directly or indirectly permits an underage person to enter or be on a licensed premises in violation of par. (a) is subject to a forfeiture of not more than $500.

AB651, s. 4 Section 4. 125.07 (3) (b) 2. of the statutes is created to read:

AB651,3,24 125.07 (3) (b) 2. A licensee or permittee who directly or indirectly permits a person who is 19 or 20 years of age and a member of the U.S. armed forces, as defined in s. 40.02 (57m), residing in this state who possesses an official identification card, as defined in s. 125.085 (1), and a valid military identification card containing the person's photograph and date of birth to enter or be on a licensed premises in violation of par. (a) is subject to a forfeiture of not more than $5.

AB651, s. 5 Section 5. 125.07 (4) (cb) of the statutes is created to read:

AB651,4,8 125.07 (4) (cb) Notwithstanding pars. (bs) and (c), a person who is 19 or 20 years of age and a member of the U.S. armed forces, as defined in s. 40.02 (57m), residing in this state who possesses an official identification card, as defined in s. 125.085 (1), and a valid military identification card containing the person's photograph and date of birth and who violates par. (a) 1., 2., or 3. or (b) on premises operated under a Class "B" license or permit, a "Class B" license or permit, or a "Class C" license may be required to forfeit not more than $5 and is not subject to any other penalty under this subsection.

AB651, s. 6 Section 6. 125.07 (4) (cd) of the statutes is amended to read:

AB651,4,11 125.07 (4) (cd) For purposes of par. (bs) or, (c), or (cb), all violations arising out of the same incident or occurrence shall be counted as a single violation.

AB651, s. 7 Section 7. 125.072 of the statutes is created to read:

AB651,4,18 125.072 Underage service member surcharge. (1) If a court imposes a forfeiture under s. 125.07 (1) (b) 7. or (3) (b) 2. upon a licensee or permittee under this chapter, or an employee of such a licensee or permittee, the court shall also impose under ch. 814 an underage service member surcharge of $5. If multiple offenses are involved, the court shall impose an underage service member surcharge upon each forfeiture imposed.

AB651,4,23 (2) (a) Except as provided in par. (b), the clerk of the circuit court shall collect and transmit the amount of the underage service member surcharge under sub. (1) to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then pay this amount to the secretary of administration as provided in s. 59.25 (3) (f) 2.

AB651,5,2 (b) If a forfeiture is imposed by a municipal court, the court shall transmit the amount of the underage service member surcharge under sub. (1) to the treasurer of the city or village as provided in s. 66.0114 (1) (bm) and the treasurer shall then pay this amount to the secretary of administration as provided in s. 66.0114 (1) (bm).

AB651,5,4 (c) The secretary of administration shall deposit all amounts received under this subsection in the veterans trust fund.

AB651, s. 8 Section 8. 165.755 (1) (b) of the statutes is amended to read:

AB651,5,15 165.755 (1) (b) A court may not impose the crime laboratories and drug law enforcement surcharge under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5) (b), for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, for a violation of s. 125.07 (1) (a), (3) (a), or (4) (a) 1., 2., 3. or (b) or any local ordinance in conformity with s. 125.07 (1) (a), (3) (a), or (4) (a) 1., 2., 3. or (b) if a forfeiture is or could be imposed under s. 125.07 (1) (b) 7., (3) (b) 2., or (4) (cb), or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation or a safety belt use violation under s. 347.48 (2m).

AB651, s. 9 Section 9. 302.46 (1) (a) of the statutes is amended to read:

AB651,6,7 302.46 (1) (a) On or after October 1, 1987, if If a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, for a violation of s. 125.07 (1) (a), (3) (a), or (4) (a) 1., 2., 3. or (b) or any local ordinance in conformity with s. 125.07 (1) (a), (3) (a), or (4) (a) 1., 2., 3. or (b) if a forfeiture is or could be imposed under s. 125.07 (1) (b) 7., (3) (b) 2., or (4) (cb), or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations or safety belt use violations under s. 347.48 (2m), the court, in addition, shall impose a jail surcharge under ch. 814 in an amount of 1% 1 percent of the fine or forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the court shall determine the jail surcharge on the basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the jail surcharge in proportion to the suspension.

AB651, s. 10 Section 10. 757.05 (1) (a) of the statutes, as affected by 2005 Wisconsin Act 25, is amended to read:

AB651,6,24 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, for a violation of s. 125.07 (1) (a), (3) (a), or (4) (a) 1., 2., 3. or (b) or any local ordinance in conformity with s. 125.07 (1) (a), (3) (a), or (4) (a) 1., 2., 3. or (b) if a forfeiture is or could be imposed under s. 125.07 (1) (b) 7., (3) (b) 2., or (4) (cb), or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations or safety belt use violations under s. 347.48 (2m), there shall be imposed in addition a penalty surcharge under ch. 814 in an amount of 25% 25 percent of the fine or forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty surcharge shall be reduced in proportion to the suspension.

AB651, s. 11 Section 11. 814.63 (1) (c) of the statutes is amended to read:

AB651,7,9 814.63 (1) (c) This subsection does not apply to an action for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, for a violation of s. 125.07 (1) (a), (3) (a), or (4) (a) 1., 2., 3. or (b) or any local ordinance in conformity with s. 125.07 (1) (a), (3) (a), or (4) (a) 1., 2., 3. or (b) if a forfeiture is or could be imposed under s. 125.07 (1) (b) 7., (3) (b) 2., or (4) (cb), or for a violation of a safety belt use violation under s. 347.48 (2m).

AB651, s. 12 Section 12. 814.63 (2) of the statutes is amended to read:

AB651,7,21 814.63 (2) Upon the disposition of a forfeiture action in circuit court for violation of a county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district ordinance, except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, for a violation of any local ordinance in conformity with s. 125.07 (1) (a), (3) (a), or (4) (a) 1., 2., 3. or (b) if a forfeiture is or could be imposed in conformity with s. 125.07 (1) (b) 7., (3) (b) 2., or (4) (cb), or for a safety belt use violation under s. 347.48 (2m), the county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district shall pay a nonrefundable fee of $5 to the clerk of circuit court.

AB651, s. 13 Section 13. 814.65 (1) of the statutes is amended to read:

AB651,8,10 814.65 (1) Court costs. In a municipal court action, except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, for a violation of any local ordinance in conformity with s. 125.07 (1) (a), (3) (a), or (4) (a) 1., 2., 3. or (b) if a forfeiture is or could be imposed in conformity with s. 125.07 (1) (b) 7., (3) (b) 2., or (4) (cb), or for a violation of an ordinance in conformity with s. 347.48 (2m), the municipal judge shall collect a fee of not less than $15 nor more than $23 on each separate matter, whether it is on default of appearance, a plea of guilty or no contest, on issuance of a warrant or summons, or the action is tried as a contested matter. Of each fee received by the judge under this subsection, the municipal treasurer shall pay monthly $5 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the municipality.

AB651, s. 14 Section 14. 814.75 (23m) of the statutes is created to read:

AB651,8,12 814.75 (23m) The underage service member surcharge under s. 125.072.

AB651, s. 15 Section 15. 814.78 (13) of the statutes is created to read:

AB651,8,14 814.78 (13) The underage service member surcharge under s. 125.072.

AB651, s. 16 Section 16. 814.80 (12) of the statutes is created to read:

AB651,8,16 814.80 (12) The underage service member surcharge under s. 125.072.

AB651, s. 17 Section 17. 814.81 (10) of the statutes is created to read: