Wisconsin Legislature: 139,133

(4) The clerk of the court shall collect and transmit to the county treasurer the environmental assessment surcharge and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the assessment surcharge in the environmental fund.

139,119 Section 119. 302.46 (title) of the statutes is amended to read:

302.46 (title) Jail assessment surcharge.

139,120 Section 120. 302.46 (1) (a) of the statutes is amended to read:

302.46 (1) (a) On or after October 1, 1987, 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), or (br) or (5) or 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 assessment surcharge under ch. 814 in an amount of 1% of the fine or forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the court shall determine the jail assessment 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 assessment surcharge in proportion to the suspension.

139,121 Section 121. 302.46 (1) (b) of the statutes is amended to read:

302.46 (1) (b) If a fine or forfeiture is imposed by a court of record, after a determination by the court of the amount due for the jail assessment surcharge, the clerk of the court shall collect and transmit the jail assessment surcharge to the county treasurer as provided in s. 59.40 (2) (n). The county treasurer shall place the amount in the county jail fund as provided in s. 59.25 (3) (g).

139,122 Section 122. 302.46 (1) (c) of the statutes is amended to read:

302.46 (1) (c) If a fine or forfeiture is imposed by a municipal court, after a determination by the court of the amount due for the jail assessment surcharge, the court shall collect and transmit the jail assessment surcharge to the county treasurer under s. 800.10 (2). The county treasurer shall place the amount in the county jail fund as provided in s. 59.25 (3) (g).

139,123 Section 123. 302.46 (1) (d) of the statutes is amended to read:

302.46 (1) (d) If any deposit of bail is made for a noncriminal offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the jail assessment prescribed in surcharge under this section for forfeited bail. If bail is forfeited, the amount of the jail assessment surcharge shall be transmitted to the county treasurer under this section. If bail is returned, the jail assessment surcharge shall also be returned.

139,124 Section 124. 345.20 (2) (f) of the statutes is amended to read:

345.20 (2) (f) Sections 23.50 to 23.85 apply to actions in circuit court to recover forfeitures and weapons assessments surcharges imposed under ch. 814 for violations of s. 167.31 (2) (b), (c), or (d). No points may be assessed against the driving record of a person convicted of a violation of s. 167.31 (2) (b), (c), or (d). The report of conviction shall be forwarded to the department.

139,125 Section 125. 345.26 (1) (b) 1. of the statutes is amended to read:

345.26 (1) (b) 1. If the person makes a deposit for a violation of a traffic regulation, the person need not appear in court at the time fixed in the citation, and the person will be deemed to have tendered a plea of no contest and submitted to a forfeiture and a penalty assessment, if required by s. 757.05, a jail assessment, if required by s. 302.46 (1), a truck driver education assessment, if required by s. 349.04, a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and a crime laboratories and drug law enforcement assessment, if required by s. 165.755, plus any applicable costs, fees prescribed in, and surcharges imposed under ch. 814, not to exceed the amount of the deposit that the court may accept as provided in s. 345.37; and

139,126 Section 126. 345.26 (2) (b) of the statutes is amended to read:

345.26 (2) (b) In addition to the amount in par. (a), the deposit shall include court costs, including any applicable fees prescribed in, and surcharges imposed under ch. 814, any applicable penalty assessment, any applicable jail assessment, any applicable truck driver education assessment, any applicable railroad crossing improvement assessment, and any applicable crime laboratories and drug law enforcement assessment.

139,127 Section 127. 345.36 (2) (b) of the statutes is amended to read:

345.36 (2) (b) Deem the nonappearance a plea of no contest and enter judgment accordingly. If the defendant has posted bond for appearance at that date, the court may also order the bond forfeited. The court shall promptly mail a copy of the judgment to the defendant. The judgment shall allow not less than 20 days from the date thereof for payment of any forfeiture, penalty assessment, jail assessment, railroad crossing improvement assessment, truck driver education assessment, crime laboratories and drug law enforcement assessment, and plus costs, fees, and surcharges imposed under ch. 814. If the defendant moves to open the judgment within 20 days after the date set for trial, and shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise, or excusable neglect, the court shall open the judgment, reinstate the not guilty plea, and set a new trial date. The court may impose costs under s. 814.07. The court shall immediately notify the department to delete the record of conviction based upon the original judgment.

139,128 Section 128. 345.37 (1) (b) of the statutes is amended to read:

345.37 (1) (b) Deem the nonappearance a plea of no contest and enter judgment accordingly. If the defendant has posted bond for appearance at that date, the court may also order the bond forfeited. The court shall promptly mail a copy or notice of the judgment to the defendant. The judgment shall allow not less than 20 days from the date thereof for payment of any forfeiture, penalty assessment, railroad crossing improvement assessment, crime laboratories and drug law enforcement assessment and plus costs, fees, and surcharges imposed under ch. 814. If the defendant moves to open the judgment within 6 months after the court appearance date fixed in the citation, and shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise, or excusable neglect, the court shall open the judgment, accept a not guilty plea, and set a trial date. The court may impose costs under s. 814.07. The court shall immediately notify the department to delete the record of conviction based upon the original judgment. If the offense involved is a nonmoving traffic violation and the defendant is subject to s. 345.28 (5) (c), a default judgment may be entered and opened as provided in s. 345.28 (5) (c).

139,129 Section 129. 345.37 (2) of the statutes is amended to read:

345.37 (2) If the defendant has made a deposit under s. 345.26, the citation may serve as the initial pleading and the defendant shall be deemed to have tendered a plea of no contest and submitted to a forfeiture and a penalty assessment, if required by s. 757.05, a jail assessment, if required by s. 302.46 (1), a truck driver education assessment, if required by s. 349.04, a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and a crime laboratories and drug law enforcement assessment, if required by s. 165.755, plus costs, including any applicable fees prescribed in, and surcharges imposed under ch. 814, not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons under ch. 968. If the defendant fails to appear in response to the summons, the court shall issue a warrant under ch. 968. If the court accepts the plea of no contest, the defendant may move within 6 months after the date set for the appearance to withdraw the plea of no contest, open the judgment, and enter a plea of not guilty upon a showing to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise, or excusable neglect. If on reopening the defendant is found not guilty, the court shall immediately notify the department to delete the record of conviction based on the original proceeding and shall order the defendant's deposit returned.

139,130 Section 130. 345.37 (5) of the statutes is amended to read:

345.37 (5) Within 5 working days after forfeiture of deposit or entry of default judgment, the official receiving the forfeiture, the penalty assessment, if required by s. 757.05, the jail assessment, if required by s. 302.46 (1), the truck driver education assessment, if required by s. 349.04, the railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and the crime laboratories and drug law enforcement assessment, if required by s. 165.755, plus costs, fees, and surcharges imposed under ch. 814, shall forward to the department a certification of the entry of default judgment or a judgment of forfeiture.

139,131 Section 131. 345.375 (2) of the statutes is amended to read:

345.375 (2) Upon default of the defendant corporation or limited liability company or upon conviction, judgment for the amount of the forfeiture, the penalty assessment, if required under s. 757.05, the jail assessment, if required by s. 302.46 (1), the truck driver education assessment, if required by s. 349.04, and the crime laboratories and drug law enforcement assessment, if required under s. 165.755, plus costs, fees, and surcharges imposed under ch. 814, shall be entered.

139,132 Section 132. 345.47 (title) of the statutes is amended to read:

345.47 (title) Judgment of forfeitures, costs, fees, and assessments surcharges.

139,133 Section 133. 345.47 (1) (intro.) of the statutes is amended to read:

345.47 (1) (intro.) If the defendant is found guilty, the court may enter judgment against the defendant for a monetary amount not to exceed the maximum forfeiture, penalty assessment, if required by s. 757.05, the jail assessment, if required by s. 302.46 (1), the truck driver education assessment, if required by s. 349.04, the railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and the crime laboratories and drug law enforcement assessment, if required by s. 165.755, provided for the violation and for, plus costs, fees, and surcharges imposed under s. 345.53 ch. 814, and, in addition, may suspend or revoke his or her operating privilege under s. 343.30. If the judgment is not paid, the court shall order:

139,134 Section 134. 345.47 (1) (b) of the statutes is amended to read:

345.47 (1) (b) In lieu of imprisonment and in addition to any other suspension or revocation, that the defendant's operating privilege be suspended. The operating privilege shall be suspended for 30 days or until the person pays the forfeiture, the penalty assessment, if required by s. 757.05, the jail assessment, if required by s. 302.46 (1), the truck driver education assessment, if required by s. 349.04, the railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and the crime laboratories and drug law enforcement assessment, if required by s. 165.755 plus costs, fees, and surcharges imposed under ch. 814, but not to exceed 2 years. Suspension under this paragraph shall not affect the power of the court to suspend or revoke under s. 343.30 or the power of the secretary to suspend or revoke the operating privilege. This paragraph does not apply if the judgment was entered solely for violation of an ordinance unrelated to the violator's operation of a motor vehicle.

139,135 Section 135. 345.47 (1) (c) of the statutes is amended to read:

345.47 (1) (c) If a court or judge suspends an operating privilege under this section, the court or judge shall immediately take possession of the suspended license and shall forward it to the department together with the notice of suspension, which shall clearly state that the suspension was for failure to pay a forfeiture, a penalty assessment, if required by s. 757.05, a truck driver education assessment, if required by s. 349.04, a jail assessment, if required by s. 302.46 (1), a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and a crime laboratories and drug law enforcement assessment, if required by s. 165.755, plus costs, fees, and surcharges imposed by the court under ch. 814. The notice of suspension and the suspended license, if it is available, shall be forwarded to the department within 48 hours after the order of suspension. If the forfeiture, penalty assessment, jail assessment, truck driver education assessment, railroad crossing improvement assessment, and crime laboratories and drug law enforcement assessment plus costs, fees, and surcharges imposed under ch. 814, are paid during a period of suspension, the court or judge shall immediately notify the department. Upon receipt of the notice and payment of the reinstatement fee under s. 343.21 (1) (j), the department shall return the surrendered license.

139,136 Section 136. 345.47 (2) of the statutes is amended to read:

345.47 (2) The payment of any judgment may be suspended or deferred for not more than 60 days in the discretion of the court. In cases where a deposit has been made, any forfeitures, penalty assessments, jail assessments, truck driver education assessments, railroad crossing improvement assessments, crime laboratories and drug law enforcement assessments, and plus costs, fees, and surcharges imposed under ch. 814, shall be taken out of the deposit and the balance, if any, returned to the defendant.

139,137 Section 137. 345.47 (3) of the statutes is amended to read:

345.47 (3) When a defendant is imprisoned for nonpayment of a forfeiture, a penalty assessment, a jail assessment, a truck driver education assessment, a railroad crossing improvement assessment, or a crime laboratories and drug law enforcement assessment plus costs, fees, and surcharges imposed under ch. 814, for an action brought by a municipality located in more than one county, any commitment to a county institution shall be to the county in which the action was tried.

139,138 Section 138. 345.49 (title) of the statutes is amended to read:

345.49 (title) Procedure on imprisonment; nonpayment of forfeiture, costs, fees, or assessments surcharges.

139,139 Section 139. 345.49 (1) of the statutes is amended to read:

345.49 (1) Any person imprisoned under s. 345.47 for nonpayment of a forfeiture, a penalty assessment, if required by s. 757.05, a jail assessment, if required by s. 302.46 (1), a truck driver education assessment, if required by s. 349.04, a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), or a crime laboratories and drug law enforcement assessment, if required by s. 165.755, plus costs, fees, and surcharges imposed under ch. 814, may, on request, be allowed to work under s. 303.08. If the person does work, earnings shall be applied on the unpaid forfeiture, penalty assessment, truck driver education assessment, jail assessment, railroad crossing improvement assessment, or crime laboratories and drug law enforcement assessment and costs, fees, and surcharges imposed under ch. 814, after payment of personal board and expenses and support of personal dependents to the extent directed by the court.

139,140 Section 140. 345.49 (2) of the statutes is amended to read:

345.49 (2) Any person who is subject to imprisonment under s. 345.47 for nonpayment of a forfeiture, penalty assessment, truck driver education assessment, jail assessment, railroad crossing improvement assessment, or crime laboratories and drug law enforcement assessment plus costs, fees, and surcharges imposed under ch. 814, may be placed on probation to some person satisfactory to the court for not more than 90 days or until the forfeiture, penalty assessment, truck driver education assessment, jail assessment, railroad crossing improvement assessment, or crime laboratories and drug law enforcement assessment is and costs, fees, and surcharges imposed under ch. 814, are paid if that is done before expiration of the 90-day period. The payment of the forfeiture, penalty assessment, truck driver education assessment, jail assessment, railroad crossing improvement assessment, or crime laboratories and drug law enforcement assessment and costs, fees, and surcharges imposed under ch. 814, during that period shall be a condition of the probation. If the forfeiture, penalty assessment, truck driver education assessment, jail assessment, railroad crossing improvement assessment, or crime laboratories and drug law enforcement assessment is and costs, fees, and surcharges imposed under ch. 814, are not paid or the court deems that the interests of justice require, probation may be terminated and the defendant imprisoned as provided in sub. (1) or s. 345.47.

139,141 Section 141. 345.61 (2) (c) of the statutes is amended to read:

345.61 (2) (c) "Guaranteed arrest bond certificate ," as used in this section, means any printed card or other certificate issued by an automobile club, association, or insurance company to any of its members or insureds, which card or certificate is signed by the member or insureds and contains a printed statement that the automobile club, association, or insurance company and a surety company, or an insurance company authorized to transact both automobile liability insurance and surety business, guarantee the appearance of the persons whose signature appears on the card or certificate and that they will, in the event of failure of the person to appear in court at the time of trial, pay any fine or forfeiture imposed on the person, including the penalty assessment required by s. 757.05, the truck driver education assessment required by s. 349.04, the jail assessment required by s. 302.46 (1), the railroad crossing improvement assessment required by s. 346.177, 346.495 or 346.65 (4r), and the crime laboratories and drug law enforcement assessment required by s. 165.755, plus costs, fees, and surcharges imposed under ch. 814, in an amount not exceeding $200, or $1,000 as provided in sub. (1) (b).

139,142 Section 142. 346.177 of the statutes is amended to read:

346.177 Railroad crossing improvement assessment surcharge for vehicles illegally passing at railroad crossings. (1) Whenever a court imposes a forfeiture under s. 346.17 (2m) for a violation of s. 346.10 (1), the court shall also impose a railroad crossing improvement assessment surcharge under ch. 814 equal to 50% of the amount of the forfeiture.

(2) If a forfeiture is suspended in whole or in part, the railroad crossing improvement assessment surcharge shall be reduced in proportion to the suspension.

(3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the railroad crossing improvement assessment surcharge under this section. If the deposit is forfeited, the amount of the railroad crossing improvement assessment surcharge shall be transmitted to the state treasurer under sub. (4). If the deposit is returned, the amount of the railroad crossing improvement assessment surcharge shall also be returned.

(4) The clerk of the circuit court shall collect and transmit to the county treasurer the railroad crossing improvement assessment surcharge as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit all amounts received under this subsection in the transportation fund to be appropriated under s. 20.395 (2) (gj).

139,143 Section 143. 346.495 of the statutes is amended to read:

346.495 Railroad crossing improvement assessment surcharge. (1) If a court imposes a forfeiture under s. 346.49 (1g) or (2m) (a), (am), or (b) for a violation of s. 346.44, 346.45, or 346.46 (3), the court shall also impose a railroad crossing improvement assessment surcharge under ch. 814 equal to 50% of the amount of the forfeiture.

(2) If a forfeiture is suspended in whole or in part, the railroad crossing improvement assessment surcharge shall be reduced in proportion to the suspension.

139,144 Section 144. 346.65 (4r) of the statutes is amended to read:

346.65 (4r) (a) If a court imposes a forfeiture under sub. (4m) for a violation of s. 346.62 (2m), the court shall also impose a railroad crossing improvement assessment surcharge under ch. 814 equal to 50% of the amount of the forfeiture.

(b) If a forfeiture is suspended in whole or in part, the railroad crossing improvement assessment surcharge shall be reduced in proportion to the suspension.

(c) If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the railroad crossing improvement assessment surcharge under this subsection. If the deposit is forfeited, the amount of the railroad crossing improvement assessment surcharge shall be transmitted to the state treasurer under par. (d). If the deposit is returned, the amount of the railroad crossing improvement assessment surcharge shall also be returned.

(d) The clerk of the circuit court shall collect and transmit to the county treasurer the railroad crossing improvement assessment surcharge as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit all amounts received under this paragraph in the transportation fund to be appropriated under s. 20.395 (2) (gj).

139,145 Section 145. 346.655 (1) of the statutes is amended to read:

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 under ch. 814 in an amount of $355 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 plus costs, fees, and other surcharges imposed under ch. 814.

139,146 Section 146. 349.04 (title) of the statutes is amended to read:

349.04 (title) Truck driver education assessments surcharges.

139,147 Section 147. 349.04 (1) of the statutes is amended to read:

349.04 (1) If a court imposes a fine or forfeiture for a violation of a provision of chs. 346 to 348 or a rule issued under chs. 346 to 348 and the violation involved a commercial motor vehicle, the court shall impose under ch. 814 a truck driver education assessment surcharge of $8.

139,148 Section 148. 349.04 (2) of the statutes is amended to read:

349.04 (2) If a fine or forfeiture is suspended in whole or in part, the truck driver education assessment surcharge shall be reduced in proportion to the suspension.

139,149 Section 149. 349.04 (3) of the statutes is amended to read:

349.04 (3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the truck driver education assessment surcharge under this section. If the deposit is forfeited, the amount of the truck driver education assessment surcharge shall be transmitted to the state treasurer under sub. (4). If the deposit is returned, the amount of the truck driver education assessment surcharge shall also be returned.

139,150 Section 150. 349.04 (4) of the statutes is amended to read:

349.04 (4) The clerk of the circuit court shall collect and transmit to the county treasurer the truck driver education assessment surcharge as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit all amounts received under this subsection in the general fund to be credited to the appropriation account under s. 20.292 (1) (hm).

139,151 Section 151. 350.115 of the statutes is amended to read:

350.115 Snowmobile registration restitution payments surcharge. (1) Levy of snowmobile registration restitution payment surcharge. (a) If a court imposes a forfeiture for a violation of a provision of this chapter where the payment of a registration fee is required, the court shall impose a snowmobile registration restitution payment surcharge under ch. 814 equal to the amount of the fee that was required and should have been obtained.

(b) If a forfeiture is suspended in whole or in part, the snowmobile registration restitution payment surcharge shall be reduced in proportion to the suspension unless the court directs otherwise.

(c) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the snowmobile registration restitution payment prescribed in surcharge under this section. If the deposit is forfeited, the amount of the snowmobile registration restitution payment surcharge shall be transmitted to the state treasurer under par. (d). If the deposit is returned, the snowmobile registration restitution payment surcharge shall also be returned.

(d) The clerk of the court shall collect and transmit to the county treasurer the snowmobile registration restitution payment surcharge and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.25 (3) (f) 2.

(2) Use of snowmobile registration restitution payment surcharge funds. All moneys collected from snowmobile registration restitution payments surcharges shall be deposited in the conservation fund.

139,152 Section 152. 447.15 (4) of the statutes is amended to read:

447.15 (4) "Liability" includes the obligation to pay a judgment, settlement, penalty, assessment, forfeiture , or fine, including any excise tax assessed with respect to an employee benefit plan, plus costs, fees, and surcharges imposed under ch. 814, and reasonable expenses.

139,153 Section 153. 753.40 of the statutes is amended to read:

753.40 Contributions to certain organizations and agencies. (1) If a circuit court finds in a forfeiture action that a person violated an ordinance that prohibits conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment, the circuit court may require, under ch. 814, the person to make a contribution surcharge not to exceed the maximum amount of the forfeiture that may be levied to an organization or agency specified in s. 973.06 (1) (f) 1. if the court determines that the violator has the financial ability to make the contribution.

(2) If the court does require a person to make a contribution surcharge to an organization or agency specified in s. 973.06 (1) (f) 1. but does not require the person to pay a forfeiture or court costs, the court shall state on the record the reasons why it is not requiring the person to pay the forfeiture or court costs. All contributions contribution surcharges made under this section shall be made to the clerk of circuit court for distribution to the organization or agency specified in s. 973.06 (1) (f) 1. The circuit court may not require a person to make a contribution surcharge under this section to an organization or agency specified in s. 973.06 (1) (f) 1. that has not complied with the provisions of s. 757.17.

139,154 Section 154. 757.05 (title) of the statutes is amended to read:

757.05 (title) Penalty assessment surcharge.

139,155 Section 155. 757.05 (1) (a) of the statutes is amended to read:

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), or (br) or (5) or 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 assessment surcharge under ch. 814 in an amount of 24% of the fine or forfeiture imposed. If multiple offenses are involved, the penalty assessment 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 assessment surcharge shall be reduced in proportion to the suspension.