AB100,1904,5
2769.507 Administrative enforcement of orders. (1) A party seeking to
3enforce a support order or an income-withholding order, or both, issued by a tribunal
4of another state may send the documents required for registering the order to a
5support enforcement agency of this state.
AB100,1904,12
6(2) Upon receipt of the documents, the support enforcement agency, without
7initially seeking to register the order, shall consider and, if appropriate, use any
8administrative procedure authorized by the law of this state to enforce a support
9order or an income-withholding order, or both. If the obligor does not contest
10administrative enforcement, the order need not be registered. If the obligor contests
11the validity or administrative enforcement of the order, the support enforcement
12agency shall register the order as provided in this chapter.
AB100, s. 5128
13Section
5128. 769.605 (1) of the statutes is amended to read:
AB100,1904,1914
769.605
(1) Whenever a support order or income-withholding order issued in
15another state is registered, the registering tribunal shall notify the nonregistering
16party.
Notice must be given by 1st class, certified or registered mail or by any means
17of personal service authorized by the law of this state. The notice must be
18accompanied by a copy of the registered order and the documents and relevant
19information accompanying the order.
AB100, s. 5129
20Section
5129. 769.606 (3) of the statutes is amended to read:
AB100,1904,2421
769.606
(3) If a nonregistering party requests a hearing to contest the validity
22or enforcement of the registered order, the registering tribunal shall schedule the
23matter for hearing and give notice to the parties
by 1st class mail of the date, time
24and place of the hearing.
AB100, s. 5130
25Section
5130. 769.611 (1) (intro.) of the statutes is amended to read:
AB100,1905,4
1769.611
(1) (intro.) After a child support order issued in another state has been
2registered in this state,
unless s. 769.613 applies the responding tribunal of this state
3may modify that
child support order only if, after notice and hearing, it finds at least
4one of the following:
AB100, s. 5131
5Section
5131. 769.611 (1) (b) of the statutes is amended to read:
AB100,1905,136
769.611
(1) (b) That an individual party or the child is subject to the personal
7jurisdiction of the tribunal and that all of the individual parties have filed a written
8consent in the issuing tribunal providing that a tribunal of this state may modify the
9child support order and assume continuing, exclusive jurisdiction over the
child
10support order.
However, if the issuing state is a foreign jurisdiction that has not
11enacted this chapter, the written consent of the individual party residing in this state
12is not required for the tribunal to assume jurisdiction to modify the child support
13order.
AB100, s. 5132
14Section
5132. 769.611 (3) of the statutes is amended to read:
AB100,1905,1915
769.611
(3) A tribunal of this state may not modify any aspect of a child support
16order that may not be modified under the law of the issuing state.
If 2 or more
17tribunals have issued child support orders for the same obligor and child, the child
18support order that is controlling and must be recognized under s. 769.207 establishes
19the nonmodifiable aspects of the support order.
AB100, s. 5133
20Section
5133. 769.611 (5) of the statutes is renumbered 769.614 and amended
21to read:
AB100,1906,6
22769.614 (title)
Notice to issuing tribunal of modification. Within 30 days
23after issuance of a modified child support order, the party obtaining the modification
24shall file a certified copy of the
modified child support order with the issuing tribunal
25that had continuing, exclusive jurisdiction over the earlier
child support order, and
1in each tribunal in which the party knows that
the earlier
child support order has
2been registered.
Failure of the party obtaining the modified child support order to
3file a certified copy as required by this section subjects the party to appropriate
4sanctions by a tribunal in which the issue of failure to file arises, but that failure has
5no effect on the validity or enforceability of the modified child support order of the
6new tribunal of continuing, exclusive jurisdiction.
AB100, s. 5134
7Section
5134. 769.613 of the statutes is created to read:
AB100,1906,12
8769.613 Jurisdiction to modify support order of another state when
9individual parties reside in this state. (1) If all of the individual parties reside
10in this state and the child does not reside in the issuing state, a tribunal of this state
11has jurisdiction to enforce and to modify the issuing state's child support order in a
12proceeding to register that order.
AB100,1906,16
13(2) A tribunal of this state exercising jurisdiction as provided in sub. (1) shall
14apply the provisions of this subchapter and subchs. I and II to the enforcement or
15modification proceeding. Subchapters III to V, VII and VIII do not apply, and the
16tribunal shall apply the procedural and substantive law of this state.
AB100, s. 5135
17Section
5135. 769.701 (1) of the statutes is amended to read:
AB100,1906,2418
769.701
(1) A tribunal of this state may serve as an initiating or responding
19tribunal in a proceeding brought under this chapter or a law substantially similar
20to this chapter, the
uniform reciprocal enforcement of support act or the revised
21uniform reciprocal enforcement of support act Uniform Reciprocal Enforcement of
22Support Act or the Revised Uniform Reciprocal Enforcement of Support Act to
23determine that the petitioner is a parent of a particular child or to determine that
24a respondent is a parent of that child.
AB100, s. 5136
25Section
5136. 769.802 (2) of the statutes is amended to read:
AB100,1907,11
1769.802
(2) If, under this chapter or a law substantially similar to this chapter,
2the
uniform reciprocal enforcement of support act or the revised uniform reciprocal
3enforcement of support act Uniform Reciprocal Enforcement of Support Act or the
4Revised Uniform Reciprocal Enforcement of Support Act, the governor of another
5state makes a demand that the governor of this state surrender an individual
6charged criminally in that state with having failed to provide for the support of a
7child or other individual to whom a duty of support is owed, the governor may require
8a prosecutor to investigate the demand and report whether a proceeding for support
9has been initiated or would be effective. If it appears that a proceeding would be
10effective but has not been initiated, the governor may delay honoring the demand for
11a reasonable time to permit the initiation of a proceeding.
AB100, s. 5137
12Section
5137. 778.02 of the statutes is amended to read:
AB100,1908,2
13778.02 Action in name of state; complaint; attachment. Every such
14forfeiture action shall be in the name of the state of Wisconsin, and it is sufficient to
15allege in the complaint that the defendant is indebted to the plaintiff in the amount
16of the forfeiture claimed, according to the provisions of the statute that imposes it,
17specifying the statute and for the penalty assessment imposed by s. 165.87, the jail
18assessment imposed by s. 302.46 (1)
, the crime laboratories assessment imposed by
19s. 165.755, the enforcement assessment imposed under s. 253.06 (4) (c) or (5) (c) and
20any applicable domestic abuse assessment imposed by s. 973.055 (1). If the statute
21imposes a forfeiture for several offenses or delinquencies the complaint shall specify
22the particular offense or delinquency for which the action is brought, with a demand
23for judgment for the amount of the forfeiture, penalty assessment, jail assessment
,
24crime laboratories assessment, any applicable enforcement assessment and any
1applicable domestic abuse assessment. If the defendant is a nonresident of the state,
2an attachment may issue.
AB100, s. 5138
3Section
5138. 778.03 of the statutes is amended to read:
AB100,1908,11
4778.03 Complaint to recover forfeited goods. In an action to recover
5property forfeited by any statute it shall be sufficient to allege in the complaint that
6the property has been forfeited, specifying the statute, with a demand of judgment
7for the delivery of the property, or the value thereof and for payment of the penalty
8assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1)
, the
9crime laboratories assessment imposed by s. 165.755, the enforcement assessment
10imposed under s. 253.06 (4) (c) or (5) (c) and any applicable domestic abuse
11assessment imposed by s. 973.055 (1).
AB100, s. 5139
12Section
5139. 778.06 of the statutes is amended to read:
AB100,1908,20
13778.06 Action for what sum. When a forfeiture is imposed, not exceeding a
14specific sum or when it is not less than one sum or more than another, the action may
15be brought for the highest sum specified and for the penalty assessment imposed by
16s. 165.87, the jail assessment imposed by s. 302.46 (1)
, the crime laboratories
17assessment imposed by s. 165.755, the enforcement assessment imposed under s.
18253.06 (4) (c) or (5) (c) and any applicable domestic abuse assessment imposed by s.
19973.055 (1); and judgment may be rendered for such sum as the court or jury shall
20assess or determine to be proportionate to the offense.
AB100, s. 5140
21Section
5140. 778.10 of the statutes is amended to read:
AB100,1909,13
22778.10 Municipal forfeitures, how recovered. All forfeitures imposed by
23any ordinance or regulation of any county, town, city or village, or of any other
24domestic corporation may be sued for and recovered, under this chapter, in the name
25of the county, town, city, village or corporation. It is sufficient to allege in the
1complaint that the defendant is indebted to the plaintiff in the amount of the
2forfeiture claimed, specifying the ordinance or regulation that imposes it and of the
3penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46
4(1)
, the crime laboratories assessment imposed by s. 165.755 and any applicable
5domestic abuse assessment imposed by s. 973.055 (1). If the ordinance or regulation
6imposes a penalty or forfeiture for several offenses or delinquencies the complaint
7shall specify the particular offenses or delinquency for which the action is brought,
8with a demand for judgment for the amount of the forfeiture, the penalty assessment
9imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1)
, the crime
10laboratories assessment imposed by s. 165.755 and any applicable domestic abuse
11assessment imposed by s. 973.055 (1). All moneys collected on the judgment shall
12be paid to the treasurer of the county, town, city, village or corporation, except that
13all jail assessments shall be paid to the county treasurer.
AB100, s. 5141
14Section
5141. 778.105 of the statutes is amended to read:
AB100,1909,21
15778.105 Disposition of forfeitures. Revenues from forfeitures imposed by
16any court or any branch thereof for the violation of any municipal or county
17ordinance shall be paid to the municipality or county. Penalty assessment payments
18shall be made as provided in s. 165.87. Jail assessment payments shall be made as
19provided in s. 302.46 (1).
Crime laboratories assessment payments shall be paid as
20provided in s. 165.755. Domestic abuse assessments shall be made as provided in s.
21973.055.
AB100, s. 5142
22Section
5142. 778.13 of the statutes is amended to read:
AB100,1910,9
23778.13 Forfeitures collected, to whom paid. All moneys collected in favor
24of the state for forfeiture, except the portion to be paid to any person who sues with
25the state, shall be paid by the officer who collects the forfeiture to the treasurer of the
1county within which the forfeiture was incurred within 20 days after its receipt. In
2case of any failure in the payment the county treasurer may collect the payment of
3the officer by action, in the name of the office and upon the official bond of the officer,
4with interest at the rate of 12% per year from the time when it should have been paid.
5Penalty assessment payments shall be made as provided in s. 165.87. Jail
6assessment payments shall be made as provided in s. 302.46 (1).
Crime laboratories
7assessment payments shall be paid as provided in s. 165.755. Domestic abuse
8assessments shall be made as provided in s. 973.055.
Enforcement assessments
9shall be made as provided in s. 253.06 (4) (c).
AB100, s. 5143
10Section
5143. 778.18 of the statutes is amended to read:
AB100,1910,25
11778.18 Penalty upon municipal judge. If any municipal judge, of his or her
12own will, dismisses any action brought before the judge under this chapter, unless
13by order of the district attorney or attorney general or the person joined as plaintiff
14with the state, or renders a less judgment therein than is prescribed by law, or
15releases or discharges any such judgment or part thereof without payment or
16collection, the judge and the judge's sureties shall be liable, in an action upon the
17judge's bond, for the full amount of the forfeitures imposed by law or of the forfeiture
18imposed by the judge and for the penalty assessment imposed by s. 165.87, the jail
19assessment imposed by s. 302.46 (1)
, the crime laboratories assessment imposed by
20s. 165.755 and any applicable domestic abuse assessment imposed by s. 973.055 (1),
21or for an amount equal to the amount in which any such judgment or any part thereof
22is released or discharged. If any municipal judge gives time or delay to any person
23against whom any such judgment is rendered by the judge, or takes any bond or
24security for its future payment, the judge and the judge's sureties shall also be liable
25for the payment of the judgment upon the judge's bond.
AB100, s. 5144
1Section
5144. 778.25 (2) (g) of the statutes is amended to read:
AB100,1911,92
778.25
(2) (g) Notice that if the defendant makes a deposit and fails to appear
3in court at the time fixed in the citation, the failure to appear will be considered
4tender of a plea of no contest and submission to a forfeiture, penalty assessment
and 5, jail assessment
and crime laboratories assessment plus costs, including any
6applicable fees prescribed in ch. 814, not to exceed the amount of the deposit. The
7notice shall also state that the court may decide to summon the defendant or, if the
8defendant is an adult, issue an arrest warrant for the defendant rather than accept
9the deposit and plea.
AB100, s. 5145
10Section
5145. 778.25 (2) (h) of the statutes is amended to read:
AB100,1911,1911
778.25
(2) (h) Notice that if the defendant makes a deposit and signs the
12stipulation, the stipulation is treated as a plea of no contest and submission to a
13forfeiture, penalty assessment
and, jail assessment
and crime laboratories
14assessment plus costs, including any applicable fees prescribed in ch. 814, not to
15exceed the amount of the deposit. The notice shall also state that the court may
16decide to summon the defendant or, if the defendant is an adult, issue an arrest
17warrant for the defendant rather than accept the deposit and stipulation, and that
18the defendant may, at any time prior to or at the time of the court appearance date,
19move the court for relief from the effect of the stipulation.
AB100, s. 5146
20Section
5146. 778.25 (3) of the statutes is amended to read:
AB100,1912,521
778.25
(3) If a person is issued a citation under this section the person may
22deposit the amount of money the issuing officer directs by mailing or delivering the
23deposit and a copy of the citation to the clerk of court of the county where the violation
24occurred or the sheriff's office or police headquarters of the officer who issued the
25citation prior to the court appearance date. The basic amount of the deposit shall be
1determined under a deposit schedule established by the judicial conference. The
2judicial conference shall annually review and revise the schedule. In addition to the
3basic amount determined by the schedule the deposit shall include costs, including
4any applicable fees prescribed in ch. 814, penalty assessment
and, jail assessment
5and crime laboratories assessment.
AB100, s. 5147
6Section
5147. 778.25 (4) of the statutes is amended to read:
AB100,1912,117
778.25
(4) A person may make a stipulation of no contest by submitting a
8deposit and a stipulation in the manner provided by sub. (3) prior to the court
9appearance date. The signed stipulation is a plea of no contest and submission to a
10forfeiture plus costs and a penalty assessment
and, jail assessment
and crime
11laboratories assessment not exceeding the amount of the deposit.
AB100, s. 5148
12Section
5148. 778.25 (5) of the statutes is amended to read:
AB100,1912,2213
778.25
(5) Except as provided by sub. (6) a person receiving a deposit shall
14prepare a receipt in triplicate showing the purpose for which the deposit is made,
15stating that the defendant may inquire at the office of the clerk of court regarding
16the disposition of the deposit, and notifying the defendant that if he or she fails to
17appear in court at the time fixed in the citation he or she will be deemed to have
18tendered a plea of no contest and submitted to a forfeiture, penalty assessment
and, 19jail assessment
and crime laboratories assessment plus costs, including any
20applicable fees prescribed in ch. 814, not to exceed the amount of the deposit which
21the court may accept. The original of the receipt shall be delivered to the defendant
22in person or by mail. If the defendant pays by check, the check is the receipt.
AB100, s. 5149
23Section
5149. 778.25 (6) of the statutes is amended to read:
AB100,1913,724
778.25
(6) The person receiving a deposit and stipulation of no contest shall
25prepare a receipt in triplicate showing the purpose for which the deposit is made,
1stating that the defendant may inquire at the office of the clerk of court regarding
2the disposition of the deposit, and notifying the defendant that if the stipulation of
3no contest is accepted by the court the defendant will be considered to have submitted
4to a forfeiture, penalty assessment
and, jail assessment
and crime laboratories
5assessment plus costs, including any applicable fees prescribed in ch. 814, not to
6exceed the amount of the deposit. Delivery of the receipt shall be made in the same
7manner as in sub. (5).
AB100, s. 5150
8Section
5150. 778.25 (8) (b) of the statutes is amended to read:
AB100,1913,249
778.25
(8) (b) If the defendant has made a deposit, the citation may serve as
10the initial pleading and the defendant shall be considered to have tendered a plea
11of no contest and submitted to a forfeiture, penalty assessment
and, jail assessment
12and crime laboratories assessment plus costs, including any applicable fees
13prescribed in ch. 814, not exceeding the amount of the deposit. The court may either
14accept the plea of no contest and enter judgment accordingly, or reject the plea and
15issue a summons or arrest warrant, except if the defendant is a minor the court shall
16proceed under s. 938.28. Chapter 938 governs taking and holding a minor in custody.
17If the court accepts the plea of no contest, the defendant may move within 90 days
18after the date set for appearance to withdraw the plea of no contest, open the
19judgment and enter a plea of not guilty if the defendant shows to the satisfaction of
20the court that failure to appear was due to mistake, inadvertence, surprise or
21excusable neglect. If a party is relieved from the plea of no contest, the court or judge
22may order a written complaint or petition to be filed. If on reopening the defendant
23is found not guilty, the court shall delete the record of conviction and shall order the
24defendant's deposit returned.
AB100, s. 5151
25Section
5151. 778.25 (8) (c) of the statutes is amended to read:
AB100,1914,13
1778.25
(8) (c) If the defendant has made a deposit and stipulation of no contest,
2the citation serves as the initial pleading and the defendant shall be considered to
3have tendered a plea of no contest and submitted to a forfeiture, penalty assessment
4and, jail assessment
and crime laboratories assessment plus costs, including any
5applicable fees prescribed in ch. 814, not exceeding the amount of the deposit. The
6court may either accept the plea of no contest and enter judgment accordingly, or
7reject the plea and issue a summons or arrest warrant, except if the defendant is a
8minor the court shall proceed under s. 938.28. Chapter 938 governs taking and
9holding a minor in custody. After signing a stipulation of no contest, the defendant
10may, at any time prior to or at the time of the court appearance date, move the court
11for relief from the effect of the stipulation. The court may act on the motion, with or
12without notice, for cause shown by affidavit and upon just terms, and relieve the
13defendant from the stipulation and the effects of the stipulation.
AB100, s. 5152
14Section
5152. 778.25 (10) of the statutes is amended to read:
AB100,1914,2215
778.25
(10) An officer collecting moneys for a forfeiture, penalty assessment,
16jail assessment
, crime laboratories assessment and costs under this section shall pay
17the same to the appropriate municipal or county treasurer within 20 days after its
18receipt by the officer, except that all jail assessments shall be paid to the county
19treasurer. If the officer fails to make timely payment, the municipal or county
20treasurer may collect the payment from the officer by an action in the treasurer's
21name of office and upon the official bond of the officer, with interest at the rate of 12%
22per year from the time when it should have been paid.
AB100, s. 5153
23Section
5153. 778.26 (2) (e) of the statutes is amended to read:
AB100,1914,2524
778.26
(2) (e) The maximum forfeiture, penalty assessment
and, jail
25assessment
and crime laboratories assessment for which the defendant is liable.
AB100, s. 5154
1Section
5154. 778.26 (2) (g) of the statutes is amended to read:
AB100,1915,82
778.26
(2) (g) Notice that if the defendant makes a deposit and fails to appear
3in court at the time specified in the citation, the failure to appear will be considered
4tender of a plea of no contest and submission to a forfeiture, penalty assessment
and, 5jail assessment
and crime laboratories assessment plus costs not to exceed the
6amount of the deposit. The notice shall also state that the court, instead of accepting
7the deposit and plea, may decide to summon the defendant or may issue an arrest
8warrant for the defendant upon failure to respond to a summons.
AB100, s. 5155
9Section
5155. 778.26 (2) (h) of the statutes is amended to read:
AB100,1915,1810
778.26
(2) (h) Notice that if the defendant makes a deposit and signs the
11stipulation, the stipulation will be treated as a plea of no contest and submission to
12a forfeiture, penalty assessment
and, jail assessment
and crime laboratories
13assessment plus costs not to exceed the amount of the deposit. The notice shall also
14state that the court, instead of accepting the deposit and stipulation, may decide to
15summon the defendant or issue an arrest warrant for the defendant upon failure to
16respond to a summons, and that the defendant may, at any time prior to or at the time
17of the court appearance date, move the court for relief from the effect of the
18stipulation.
AB100, s. 5156
19Section
5156. 778.26 (3) of the statutes is amended to read:
AB100,1916,320
778.26
(3) A defendant issued a citation under this section may deposit the
21amount of money the issuing officer directs by mailing or delivering the deposit and
22a copy of the citation prior to the court appearance date to the clerk of the circuit court
23in the county where the violation occurred or to the sheriff's office or police
24headquarters of the officer who issued the citation. The basic amount of the deposit
25shall be determined under a deposit schedule established by the judicial conference.
1The judicial conference shall annually review and revise the schedule. In addition
2to the basic amount determined by the schedule the deposit shall include the penalty
3assessment, jail assessment
, crime laboratories assessment and costs.
AB100, s. 5157
4Section
5157. 778.26 (4) of the statutes is amended to read:
AB100,1916,95
778.26
(4) A defendant may make a stipulation of no contest by submitting a
6deposit and a stipulation in the manner provided by sub. (3) prior to the court
7appearance date. The signed stipulation is a plea of no contest and submission to a
8forfeiture plus the penalty assessment, jail assessment
, crime laboratories
9assessment and costs not to exceed the amount of the deposit.
AB100, s. 5158
10Section
5158. 778.26 (5) of the statutes is amended to read:
AB100,1916,2011
778.26
(5) Except as provided by sub. (6), a person receiving a deposit shall
12prepare a receipt in triplicate showing the purpose for which the deposit is made,
13stating that the defendant may inquire at the office of the clerk of the circuit court
14regarding the disposition of the deposit, and notifying the defendant that if he or she
15fails to appear in court at the time specified in the citation he or she shall be
16considered to have tendered a plea of no contest and submitted to a forfeiture,
17penalty assessment
and, jail assessment
and crime laboratories assessment plus
18costs not to exceed the amount of the deposit and that the court may accept the plea.
19The original of the receipt shall be delivered to the defendant in person or by mail.
20If the defendant pays by check, the canceled check is the receipt.
AB100, s. 5159
21Section
5159. 778.26 (6) of the statutes is amended to read:
AB100,1917,422
778.26
(6) The person receiving a deposit and stipulation of no contest shall
23prepare a receipt in triplicate showing the purpose for which the deposit is made,
24stating that the defendant may inquire at the office of the clerk of the circuit court
25regarding the disposition of the deposit, and notifying the defendant that if the
1stipulation of no contest is accepted by the court the defendant will be considered to
2have submitted to a forfeiture, penalty assessment
and
, jail assessment
and crime
3laboratories assessment plus costs not to exceed the amount of the deposit. Delivery
4of the receipt shall be made in the same manner as provided in sub. (5).
AB100, s. 5160
5Section
5160. 778.26 (7) (b) of the statutes is amended to read:
AB100,1917,196
778.26
(7) (b) If the defendant has made a deposit, the citation may serve as
7the initial pleading and the defendant shall be considered to have tendered a plea
8of no contest and submitted to a forfeiture, penalty assessment
and, jail assessment
9and crime laboratories assessment plus costs not to exceed the amount of the deposit.
10The court may either accept the plea of no contest and enter judgment accordingly,
11or reject the plea and issue a summons. If the defendant fails to appear in response
12to the summons, the court shall issue an arrest warrant. If the court accepts the plea
13of no contest, the defendant may, within 90 days after the date set for appearance,
14move to withdraw the plea of no contest, open the judgment and enter a plea of not
15guilty if the defendant shows to the satisfaction of the court that failure to appear
16was due to mistake, inadvertence, surprise or excusable neglect. If a defendant is
17relieved from the plea of no contest, the court may order a written complaint or
18petition to be filed. If on reopening the defendant is found not guilty, the court shall
19delete the record of conviction and shall order the defendant's deposit returned.
AB100, s. 5161
20Section
5161. 778.26 (7) (c) of the statutes is amended to read:
AB100,1918,621
778.26
(7) (c) If the defendant has made a deposit and stipulation of no contest,
22the citation serves as the initial pleading and the defendant shall be considered to
23have tendered a plea of no contest and submitted to a forfeiture, penalty assessment
24and, jail assessment
and crime laboratories assessment plus costs not to exceed the
25amount of the deposit. The court may either accept the plea of no contest and enter
1judgment accordingly, or reject the plea and issue a summons or an arrest warrant.
2After signing a stipulation of no contest, the defendant may, at any time prior to or
3at the time of the court appearance date, move the court for relief from the effect of
4the stipulation. The court may act on the motion, with or without notice, for cause
5shown by affidavit and upon just terms, and relieve the defendant from the
6stipulation and the effects of the stipulation.
AB100, s. 5162
7Section
5162. 778.26 (9) of the statutes is amended to read:
AB100,1918,148
778.26
(9) An officer who collects a forfeiture, penalty assessment, jail
9assessment
and crime laboratories assessment and costs under this section shall pay
10the money to the county treasurer within 20 days after its receipt. If the officer fails
11to make timely payment, the county treasurer may collect the payment from the
12officer by an action in the treasurer's name of office and upon the official bond of the
13officer, with interest at the rate of 12% per year from the time when it should have
14been paid.
AB100, s. 5163
15Section
5163. 779.01 (4) of the statutes is amended to read:
AB100,1919,716
779.01
(4) Priority of construction lien. The lien provided in sub. (3) shall
17be prior to any lien which originates subsequent to the visible commencement in
18place of the work of improvement, except as otherwise provided by ss. 215.21 (4) (a),
19292.31 (8) (i)
, 144.77 292.41 (6) (d), 292.81 and 706.11 (1). When new construction
20is the principal improvement involved, commencement is deemed to occur no earlier
21than the beginning of substantial excavation for the foundations, footings or base of
22the new construction, except where the new construction is to be added to a
23substantial existing structure, in which case the commencement is the time of the
24beginning of substantial excavation or the time of the beginning of substantial
25preparation of the existing structure to receive the added new construction,
1whichever is earlier. The lien also shall be prior to any unrecorded mortgage given
2prior to the commencement of the work of improvement, if the lien claimant has no
3actual notice of the mortgage before the commencement. Lien claimants who
4perform work or procure its performance or furnish any labor or materials or plans
5or specifications for an improvement prior to the visible commencement of the work
6of improvement shall have lien rights, but shall have only the priority accorded to
7other lien claimants.
AB100, s. 5164
8Section
5164. 779.35 of the statutes is amended to read:
AB100,1919,23
9779.35 Mining liens. Any person who shall perform any labor or services for
10any person or corporation engaged in or organized for the purpose of mining,
11smelting or manufacturing iron, copper, silver or other ores or minerals, and any
12bona fide holder of any draft, time check or order for the payment of money due for
13any such labor, issued or drawn by any such person or corporation, shall have a lien
14for the wages due for the amount due on such draft, check or order upon all the
15personal property connected with such mining, smelting or manufacturing industry
16belonging to such person or corporation, including the ores or products of such mine
17or manufactory, together with the machinery and other personal property used in the
18operation of such mine or manufactory and all the interest of such person or
19corporation in any real estate belonging thereto and connected with such business,
20which said lien shall take precedence of all other debts, judgments, decrees, liens or
21mortgages against such person or corporation, except liens accruing for taxes, fines
22or penalties and liens under ss. 292.31 (8) (i)
, 292.41 (6) (d) and 292.81, subject to the
23exceptions and limitations hereinafter set forth.
AB100, s. 5165
24Section
5165. 779.40 (1) of the statutes is amended to read:
AB100,1920,13
1779.40
(1) Any person who shall perform any labor for an employer not the
2owner of the real estate, engaged in quarrying, crushing, cutting or otherwise
3preparing stone for use or for manufacturing lime and any bona fide holder of any
4draft, time check or order for the payment of money due for any such labor issued by
5such employer, shall have a lien for wages owed and for the amount due on such draft,
6check or order upon the personal property connected with such industry owned by
7such employer, including interest in the product of such quarry or factory and
8machinery and other personal property used in the operation of such quarry or
9factory, and all interest in any lease of the real estate connected with such business,
10which lien shall take precedence of all other debts, judgments, decrees, liens or
11mortgages against such employer, except taxes, fines or penalties and mortgages or
12judgments recorded or entered before such labor is performed and except liens under
13ss. 292.31 (8) (i)
, 144.77 292.41 (6) (d) and 292.81.
AB100, s. 5166
14Section
5166. 800.02 (2) (a) 8. of the statutes is amended to read:
AB100,1920,2115
800.02
(2) (a) 8. Notice that if the defendant makes a deposit and fails to appear
16in court at the time fixed in the citation, the defendant is deemed to have tendered
17a plea of no contest and submits to a forfeiture, penalty assessment, jail assessment
18and crime laboratories assessment and any applicable domestic abuse assessment
19plus costs, including the fee prescribed in s. 814.65 (1), not to exceed the amount of
20the deposit. The notice shall also state that the court may decide to summon the
21defendant rather than accept the deposit and plea.
AB100, s. 5167
22Section
5167. 800.02 (3) (a) 5. of the statutes is amended to read:
AB100,1921,423
800.02
(3) (a) 5. A plain and concise statement of the violation identifying the
24event or occurrence from which the violation arose and showing that the plaintiff is
25entitled to relief, the ordinance, resolution or bylaw upon which the cause of action
1is based and a demand for a forfeiture, the amount of which shall not exceed the
2maximum set by the statute involved, the penalty assessment, the jail assessment,
3the crime laboratories assessment, any applicable domestic abuse assessment and
4such other relief that is sought by the plaintiff.
AB100, s. 5168
5Section
5168. 800.03 (3) of the statutes is amended to read:
AB100,1921,136
800.03
(3) The amount of the deposit shall be set by the municipal judge, but
7shall not be effective until approved by the governing body of the municipality. The
8amount shall not exceed the maximum penalty for the offense, including any penalty
9assessment that would be applicable under s. 165.87, any jail assessment that would
10be applicable under s. 302.46 (1)
, any crime laboratories assessment that would be
11applicable under s. 165.755 and any domestic abuse assessment that would be
12applicable under s. 973.055 (1), plus court costs, including the fee prescribed in s.
13814.65 (1).