LRB-1468/2
TNF&DAK:jrd:ks
1995 - 1996 LEGISLATURE
April 28, 1995 - Introduced by Representatives Carpenter, Boyle, Robson, Bock
and Seratti, cosponsored by Senator Burke. Referred to Committee on
Government Operations.
AB348,1,11
1An Act to amend 59.20 (5) (b), 59.395 (5), 66.119 (1) (b) 7. c., 66.119 (1) (b) 7. d.,
266.119 (1) (c), 66.119 (3) (a), 66.119 (3) (b), 66.119 (3) (c), 66.119 (3) (d), 66.12 (1)
3(b), 345.26 (1) (b) 1., 345.26 (2) (b), 345.36 (2) (b), 345.37 (2), 345.37 (5), 345.375
4(2), 345.47 (1) (intro.), 345.47 (1) (b), 345.47 (1) (c), 345.47 (3), 345.49 (1), 345.49
5(2), 345.61 (2) (c), 346.655 (1), 778.02, 778.03, 778.06, 778.10, 778.105, 778.13,
6778.18, 800.02 (2) (a) 8., 800.02 (3) (a) 5., 800.03 (3), 800.04 (2) (c), 800.09 (1)
7(intro.), 800.09 (1) (a), 800.09 (2) (b), 800.12 (2), 973.05 (1), 973.05 (2) and
8973.07; and
to create 20.435 (1) (gt), 146.58 (9), 345.15 and 814.60 (2) (cg) of
9the statutes;
relating to: imposing an emergency medical services surcharge,
10requiring distribution of funds by the emergency medical services board and
11making 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 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:
AB348, s. 1
1Section
1. 20.435 (1) (gt) of the statutes is created to read:
AB348,2,62
20.435
(1) (gt)
Emergency medical services; aids. All moneys received from the
3emergency medical services surcharges imposed by 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).
AB348, s. 2
7Section
2. 59.20 (5) (b) of the statutes is amended to read:
AB348,3,78
59.20
(5) (b) 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. 161.41 (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.
19144.992 for the environmental assessment, the amounts required by s. 29.9965 for
20the wild animal protection assessment, the amounts required by s. 29.997 for the
21natural resources assessment surcharge, the amounts required by s. 29.9967 for the
1fishing shelter removal assessment, the amounts required by s. 350.115 for the
2snowmobile registration restitution payment and the amounts required by s. 29.998
3for natural resources restitution payments, transmit to the state treasurer a
4statement of all moneys required by law to be paid on the actions so entered during
5the preceding month on or before the first day of the next succeeding month, certified
6by the treasurer's personal signature affixed or attached thereto, and at the same
7time pay to the state treasurer the amount thereof.
AB348, s. 3
8Section
3. 59.395 (5) of the statutes is amended to read:
AB348,4,59
59.395
(5) Pay monthly to the county treasurer for the use of the state the
10state's percentage of the fees required to be paid on each civil action, criminal action
11and special proceeding filed during the preceding month and pay monthly to the
12county treasurer for the use of the state the percentage of court imposed fines and
13forfeitures required by law to be deposited in the state treasury, the amounts
14required by s. 165.87 (2) (b) for the penalty assessment surcharge, the amounts
15required by s. 167.31 (5) for the weapons assessment, the amounts required by s.
16973.045 for the crime victim and witness assistance surcharge, the amounts required
17by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required
18by s. 161.41 (5) for the drug abuse program improvement surcharge, the amounts
19authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 for the domestic abuse
20assessment surcharge,
the amounts required by s. 345.15 for the emergency medical
21services surcharge, the amounts required by s. 346.655 for the driver improvement
22surcharge, the amounts required by s. 102.85 (4) for the uninsured employer
23assessment, the amounts required by s. 144.992 for the environmental assessment,
24the amounts required under s. 29.9965 for the wild animal protection assessment,
25the amounts required under s. 29.997 (1) (d) for the natural resources assessment
1surcharge, the amounts required by s. 29.9967 for the fishing shelter removal
2assessment, the amounts required by s. 350.115 for the snowmobile registration
3restitution payment and the amounts required under s. 29.998 (1) (d) for the natural
4resources restitution payments. The payments shall be made by the 15th day of the
5month following receipt thereof.
AB348, s. 4
6Section
4. 66.119 (1) (b) 7. c. of the statutes is amended to read:
AB348,4,137
66.119
(1) (b) 7. c. That if the alleged violator makes a cash deposit and does
8not appear in court, he or she either will be deemed to have tendered a plea of no
9contest and submitted to a forfeiture, a penalty assessment imposed by s. 165.87, a
10jail assessment imposed by s. 302.46 (1)
, any applicable emergency medical services
11surcharge imposed by s. 345.15 (2) and any applicable domestic abuse assessment
12imposed by s. 973.055 (1) not to exceed the amount of the deposit or will be summoned
13into court to answer the complaint if the court does not accept the plea of no contest.
AB348, s. 5
14Section
5. 66.119 (1) (b) 7. d. of the statutes is amended to read:
AB348,4,2215
66.119
(1) (b) 7. d. That if the alleged violator does not make a cash deposit and
16does not appear in court at the time specified, the court may issue a summons or a
17warrant for the defendant's arrest or consider the nonappearance to be a plea of no
18contest and enter judgment under sub. (3) (d), or the municipality may commence an
19action against the alleged violator to collect the forfeiture, the penalty assessment
20imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1)
, any applicable
21emergency medical services surcharge imposed by s. 345.15 (2) and any applicable
22domestic abuse assessment imposed by s. 973.055 (1).
AB348, s. 6
23Section
6. 66.119 (1) (c) of the statutes is amended to read:
AB348,5,624
66.119
(1) (c) An ordinance adopted under par. (a) shall contain a schedule of
25cash deposits that are to be required for the various ordinance violations, and for the
1penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46
2(1)
, any applicable emergency medical services surcharge imposed by s. 345.15 (2) 3and any applicable domestic abuse assessment imposed by s. 973.055 (1), for which
4a citation may be issued. The ordinance shall also specify the court, clerk of court
5or other official to whom cash deposits are to be made and shall require that receipts
6be given for cash deposits.
AB348, s. 7
7Section
7. 66.119 (3) (a) of the statutes is amended to read:
AB348,5,158
66.119
(3) (a) The person named as the alleged violator in a citation may appear
9in court at the time specified in the citation or may mail or deliver personally a cash
10deposit in the amount, within the time and to the court, clerk of court or other official
11specified in the citation. If a person makes a cash deposit, the person may
12nevertheless appear in court at the time specified in the citation, provided that the
13cash deposit may be retained for application against any forfeiture, restitution,
14penalty assessment, jail assessment
, emergency medical services surcharge or
15domestic abuse assessment that may be imposed.
AB348, s. 8
16Section
8. 66.119 (3) (b) of the statutes is amended to read:
AB348,6,217
66.119
(3) (b) If a person appears in court in response to a citation, the citation
18may be used as the initial pleading, unless the court directs that a formal complaint
19be made, and the appearance confers personal jurisdiction over the person. The
20person may plead guilty, no contest or not guilty. If the person pleads guilty or no
21contest, the court shall accept the plea, enter a judgment of guilty and impose a
22forfeiture, the penalty assessment imposed by s. 165.87, the jail assessment imposed
23by s. 302.46 (1)
, any applicable emergency medical services surcharge imposed by s.
24345.15 (2) and any applicable domestic abuse assessment imposed by s. 973.055 (1).
25If the court finds that the violation meets the conditions in s. 800.093 (1), the court
1may order restitution under s. 800.093. A plea of not guilty shall put all matters in
2the case at issue, and the matter shall be set for trial.
AB348, s. 9
3Section
9. 66.119 (3) (c) of the statutes is amended to read:
AB348,7,44
66.119
(3) (c) If the alleged violator makes a cash deposit and fails to appear
5in court, the citation may serve as the initial pleading and the violator shall be
6considered to have tendered a plea of no contest and submitted to a forfeiture, the
7penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46
8(1)
, any applicable emergency medical services surcharge imposed by s. 345.15 (2) 9and any applicable domestic abuse assessment imposed by s. 973.055 (1) not
10exceeding the amount of the deposit. The court may either accept the plea of no
11contest and enter judgment accordingly or reject the plea. If the court finds the
12violation meets the conditions in s. 800.093 (1), the court may summon the alleged
13violator into court to determine if restitution shall be ordered under s. 800.093. If
14the court accepts the plea of no contest, the defendant may move within 10 days after
15the date set for the appearance to withdraw the plea of no contest, open the judgment
16and enter a plea of not guilty if the defendant shows to the satisfaction of the court
17that the failure to appear was due to mistake, inadvertence, surprise or excusable
18neglect. If the plea of no contest is accepted and not subsequently changed to a plea
19of not guilty, no costs or fees may be taxed against the violator, but a penalty
20assessment, a jail assessment and, if applicable,
an emergency medical services
21surcharge or a domestic abuse assessment shall be assessed. If the court rejects the
22plea of no contest, an action for collection of the forfeiture, penalty assessment, jail
23assessment and any applicable
emergency medical services surcharge or domestic
24abuse assessment may be commenced. A city, village or public inland lake protection
25and rehabilitation district may commence action under s. 66.12 (1) and a county or
1town may commence action under s. 778.10. The citation may be used as the
2complaint in the action for the collection of the forfeiture, penalty assessment, jail
3assessment and any applicable
emergency medical services surcharge or domestic
4abuse assessment.
AB348, s. 10
5Section
10. 66.119 (3) (d) of the statutes is amended to read:
AB348,8,26
66.119
(3) (d) If the alleged violator does not make a cash deposit and fails to
7appear in court at the time specified in the citation, the court may issue a summons
8or warrant for the defendant's arrest or consider the nonappearance to be a plea of
9no contest and enter judgment accordingly if service was completed as provided
10under par. (e) or the county, town, city, village or public inland lake protection and
11rehabilitation district may commence an action for collection of the forfeiture,
12penalty assessment and jail assessment and any applicable
emergency medical
13services surcharge or domestic abuse assessment. A city, village or public inland lake
14protection and rehabilitation district may commence action under s. 66.12 (1) and a
15county or town may commence action under s. 778.10. The citation may be used as
16the complaint in the action for the collection of the forfeiture, penalty assessment and
17jail assessment and any applicable
emergency medical services surcharge or 18domestic abuse assessment. If the court considers the nonappearance to be a plea
19of no contest and enters judgment accordingly, the court shall promptly mail a copy
20or notice of the judgment to the defendant. The judgment shall allow the defendant
21not less than 20 days from the date of the judgment to pay any forfeiture, penalty
22assessment and jail assessment and any applicable
emergency medical services
23surcharge or domestic abuse assessment imposed. If the defendant moves to open
24the judgment within 6 months after the court appearance date fixed in the citation,
25and shows to the satisfaction of the court that the failure to appear was due to
1mistake, inadvertence, surprise or excusable neglect, the court shall reopen the
2judgment, accept a not guilty plea and set a trial date.
AB348, s. 11
3Section
11. 66.12 (1) (b) of the statutes is amended to read:
AB348,9,64
66.12
(1) (b) Local ordinances, except as provided in this paragraph or ss.
5345.20 to 345.53, may contain a provision for stipulation of guilt or no contest of any
6or all violations under those ordinances, and may designate the manner in which the
7stipulation is to be made and fix the penalty to be paid. When a person charged with
8a violation for which stipulation of guilt or no contest is authorized makes a timely
9stipulation and pays the required penalty and pays the penalty assessment imposed
10by s. 165.87, the jail assessment imposed by s. 302.46 (1)
, any applicable emergency
11medical services surcharge imposed by s. 345.15 (2) and any applicable domestic
12abuse assessment imposed by s. 973.055 (1) to the designated official, the person
13need not appear in court and no witness fees or other additional costs may be taxed
14unless the local ordinance so provides. A court appearance is required for a violation
15of a local ordinance in conformity with s. 346.63 (1). The official receiving the
16penalties shall remit all moneys collected to the treasurer of the city, village or public
17inland lake protection and rehabilitation district in whose behalf the sum was paid,
18except that all jail assessments shall be remitted to the county treasurer, within 20
19days after its receipt by him or her; and in case of any failure in the payment, the
20treasurer may collect the payment of the officer by action, in the name of the office,
21and upon the official bond of the officer, with interest at the rate of 12% per year from
22the time when it should have been paid. In the case of the penalty assessment
23imposed by s. 165.87,
the emergency medical services surcharge imposed by s. 345.15
24(2), the driver improvement surcharge imposed by s. 346.655 (1) and any applicable
25domestic abuse assessment imposed by s. 973.055 (1), the treasurer of the city, village
1or public inland lake protection and rehabilitation district shall remit to the state
2treasurer the sum required by law to be paid on the actions so entered during the
3preceding month on or before the first day of the next succeeding month. The
4governing body of the city, village or public inland lake protection and rehabilitation
5district shall by ordinance designate the official to receive the penalties and the
6terms under which the official shall qualify.
AB348, s. 12
7Section
12. 146.58 (9) of the statutes is created to read:
AB348,9,188
146.58
(9) (a) From the appropriation under s. 20.435 (1) (gt), annually
9distribute funds for ambulance service vehicles or vehicle equipment, emergency
10medical services supplies or equipment or emergency medical training for personnel
11to an ambulance service provider that is a public agency, a volunteer fire department
12or a nonprofit corporation, under a funding formula consisting of an identical base
13amount for each ambulance service provider plus a supplemental amount based on
14the population of the ambulance service provider's primary service or contract area,
15as established under s. 146.50 (5). If a public agency has contracted for ambulance
16service with an ambulance service provider that operates for profit, the emergency
17medical services board shall distribute funds under this paragraph to the public
18agency.
AB348,9,2519
(b) Distribute funds under par. (a) only as a supplement to existing, budgeted
20moneys of or provided to an ambulance service provider. The funds under par. (a)
21may not be used to replace, decrease or release for alternative purposes the existing,
22budgeted moneys of or provided to the ambulance service provider. In order to ensure
23compliance with this paragraph, the emergency medical services board shall require
24a financial report of expenditures under this subsection from an ambulance service
25provider and may require a financial report of expenditures under this subsection
1from an owner or operator of an ambulance service or a public agency, volunteer fire
2department or a nonprofit corporation with which an ambulance service provider has
3contracted to provide ambulance services.
AB348, s. 13
4Section
13. 345.15 of the statutes is created to read:
AB348,10,5
5345.15 (title)
Emergency medical services surcharge.
AB348,10,8
6(1) All moneys collected from emergency medical services surcharges under
7this section shall be deposited in s. 20.435 (1) (gt) and utilized in accordance with s.
8146.58 (9).
AB348,10,15
9(2) (a) Whenever a court imposes a fine or forfeiture for a violation of any state
10traffic law or ordinance enacted in accordance with s. 349.06, except for a violation
11of any state or local law involving a nonmoving traffic violation or a safety belt use
12violation under s. 347.48 (2m), there shall be imposed in addition an emergency
13medical services surcharge of $5. If multiple offenses are involved, the court shall
14impose an emergency medical services surcharge upon each fine or forfeiture
15imposed.
AB348,10,1916
(b) If a fine or forfeiture is imposed by a court of record, after a determination
17by the court of the amount due, the clerk of the court shall collect and transmit such
18amount to the county treasurer as provided in s. 59.395 (5). The county treasurer
19shall then make payment to the state treasurer as provided in s. 59.20 (5) (b).
AB348,10,2320
(c) If a fine or forfeiture is imposed by a municipal court, after a determination
21by the court of the amount due, the court shall collect and transmit such amount to
22the treasurer of the county, city, town or village, and that treasurer shall make
23payment to the state treasurer as provided in s. 66.12 (1) (b).
AB348, s. 14
24Section
14. 345.26 (1) (b) 1. of the statutes is amended to read:
AB348,11,7
1345.26
(1) (b) 1. If the person makes a deposit for a violation of a traffic
2regulation, the person need not appear in court at the time fixed in the citation, and
3the person will be deemed to have tendered a plea of no contest and submitted to a
4forfeiture and a penalty assessment, if required by s. 165.87, and a jail assessment,
5if required by s. 302.46 (1),
and an emergency medical services surcharge, if required
6by s. 345.15 (2), plus any applicable fees prescribed in ch. 814, not to exceed the
7amount of the deposit that the court may accept as provided in s. 345.37; and
AB348, s. 15
8Section
15. 345.26 (2) (b) of the statutes is amended to read:
AB348,11,129
345.26
(2) (b) In addition to the amount in par. (a), the deposit shall include
10court costs, including any applicable fees prescribed in ch. 814, any applicable
11penalty assessment
, any applicable emergency medical services surcharge and any
12applicable jail assessment.
AB348, s. 16
13Section
16. 345.36 (2) (b) of the statutes is amended to read:
AB348,11,2514
345.36
(2) (b) Deem the nonappearance a plea of no contest and enter judgment
15accordingly. If the defendant has posted bond for appearance at that date, the court
16may also order the bond forfeited. The court shall promptly mail a copy of the
17judgment to the defendant. The judgment shall allow not less than 20 days from the
18date thereof for payment of any forfeiture, penalty assessment, jail assessment
,
19emergency medical services surcharge and costs imposed. If the defendant moves
20to open the judgment within 20 days after the date set for trial, and shows to the
21satisfaction of the court that the failure to appear was due to mistake, inadvertence,
22surprise or excusable neglect, the court shall open the judgment, reinstate the not
23guilty plea and set a new trial date. The court may impose costs under s. 814.07. The
24court shall immediately notify the department to delete the record of conviction
25based upon the original judgment.
AB348, s. 17
1Section
17. 345.37 (2) of the statutes is amended to read:
AB348,12,172
345.37
(2) If the defendant has made a deposit under s. 345.26, the citation may
3serve as the initial pleading and the defendant shall be deemed to have tendered a
4plea of no contest and submitted to a forfeiture and a penalty assessment, if required
5by s. 165.87, and a jail assessment, if required by s. 302.46 (1),
and an emergency
6medical services surcharge, if required by s. 345.15 (2), plus costs, including any
7applicable fees prescribed in ch. 814, not exceeding the amount of the deposit. The
8court may either accept the plea of no contest and enter judgment accordingly, or
9reject the plea and issue a summons under ch. 968. If the defendant fails to appear
10in response to the summons, the court shall issue a warrant under ch. 968. If the
11court accepts the plea of no contest, the defendant may move within 6 months after
12the date set for the appearance to withdraw the plea of no contest, open the judgment
13and enter a plea of not guilty upon a showing to the satisfaction of the court that the
14failure to appear was due to mistake, inadvertence, surprise or excusable neglect.
15If on reopening the defendant is found not guilty, the court shall immediately notify
16the department to delete the record of conviction based on the original proceeding
17and shall order the defendant's deposit returned.
AB348, s. 18
18Section
18. 345.37 (5) of the statutes is amended to read:
AB348,12,2419
345.37
(5) Within 5 working days after forfeiture of deposit or entry of default
20judgment, the official receiving the forfeiture, the penalty assessment, if required by
21s. 165.87, and the jail assessment, if required by s. 302.46 (1),
and the emergency
22medical services surcharge, if required by s. 345.15 (2), shall forward to the
23department a certification of the entry of default judgment or a judgment of
24forfeiture.
AB348, s. 19
25Section
19. 345.375 (2) of the statutes is amended to read:
AB348,13,5
1345.375
(2) Upon default of the defendant corporation or limited liability
2company or upon conviction, judgment for the amount of the forfeiture, the penalty
3assessment, if required under s. 165.87, and the jail assessment, if required by s.
4302.46 (1),
and the emergency medical services surcharge, if required by s. 345.15 (2), 5shall be entered.
AB348, s. 20
6Section
20. 345.47 (1) (intro.) of the statutes is amended to read:
AB348,13,137
345.47
(1) (intro.) If the defendant is found guilty, the court may enter
8judgment against the defendant for a monetary amount not to exceed the maximum
9forfeiture, penalty assessment, if required by s. 165.87,
and the jail assessment, if
10required by s. 302.46 (1),
and the emergency medical services surcharge, if required
11by s. 345.15 (2), provided for the violation and for costs under s. 345.53 and, in
12addition, may suspend or revoke his or her operating privilege under s. 343.30. If the
13judgment is not paid, the court shall order:
AB348, s. 21
14Section
21. 345.47 (1) (b) of the statutes is amended to read:
AB348,13,2215
345.47
(1) (b) In lieu of imprisonment and in addition to any other suspension
16or revocation, that the defendant's operating privilege be suspended for 30 days or
17until the person pays the forfeiture, the penalty assessment, if required by s. 165.87,
18and the jail assessment, if required by s. 302.46 (1),
and the emergency medical
19services surcharge, if required by s. 345.15 (2), but not to exceed 5 years. Suspension
20under this paragraph shall not affect the power of the court to suspend or revoke
21under s. 343.30 or the power of the secretary to suspend or revoke the operating
22privilege.
AB348, s. 22
23Section
22. 345.47 (1) (c) of the statutes is amended to read:
AB348,14,1124
345.47
(1) (c) If a court or judge suspends an operating privilege under this
25section, the court or judge shall immediately take possession of the suspended license
1and shall forward it to the department together with the notice of suspension, which
2shall clearly state that the suspension was for failure to pay a forfeiture, a penalty
3assessment, if required by s. 165.87, and a jail assessment, if required by s. 302.46
4(1),
and an emergency medical services surcharge, if required by s. 345.15 (2), 5imposed by the court. The notice of suspension and the suspended license, if it is
6available, shall be forwarded to the department within 48 hours after the order of
7suspension. If the forfeiture, penalty assessment
and
, jail assessment
and
8emergency medical services surcharge are paid during a period of suspension, the
9court or judge shall immediately notify the department. Upon receipt of the notice
10and payment of the reinstatement fee under s. 343.21 (1) (j), the department shall
11return the surrendered license.