2003 Wisconsin Act 139

23.51 (3m) "Jail assessment surcharge" means the assessment imposed surcharge by s. 302.46 (1).

139,21 Section 21. 23.51 (4) of the statutes is renumbered 23.51 (5g) and amended to read:

23.51 (5g) "Natural resources assessment surcharge" means the assessment imposed surcharge under s. 29.987.

139,22 Section 22. 23.51 (5) of the statutes is amended to read:

23.51 (5) "Natural resources restitution payment surcharge" means the payment imposed surcharge under s. 29.989 or 169.46 (2).

139,23 Section 23. 23.51 (6) of the statutes is amended to read:

23.51 (6) "Penalty assessment surcharge" means the penalty assessment imposed by surcharge under s. 757.05.

139,24 Section 24. 23.51 (6m) of the statutes is amended to read:

23.51 (6m) "Snowmobile registration restitution payment surcharge" means the payment imposed surcharge under s. 350.115.

139,25 Section 25. 23.51 (8) of the statutes is amended to read:

23.51 (8) "Violation" means conduct which is prohibited by state law or municipal ordinance and punishable by a forfeiture, a penalty assessment, a jail assessment and a crime laboratories and drug law enforcement assessment.

139,26 Section 26. 23.51 (9) of the statutes is amended to read:

23.51 (9) "Weapons assessment surcharge" means the assessment imposed surcharge under s. 167.31 (5).

139,27 Section 27. 23.51 (10) of the statutes is amended to read:

23.51 (10) "Wild animal protection assessment surcharge" means the assessment imposed surcharge under s. 29.983.

139,28 Section 28. 23.53 (1) of the statutes is amended to read:

23.53 (1) The citation created under this section shall, in all actions to recover forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments plus costs, fees, and surcharges imposed under ch. 814, for violations of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, and any rule of the Kickapoo reserve management board under s. 41.41 (7) (k) be used by any law enforcement officer with authority to enforce those laws, except that the uniform traffic citation created under s. 345.11 may be used by a traffic officer employed under s. 110.07 in enforcing s. 167.31 or by an officer of a law enforcement agency of a municipality or county or a traffic officer employed under s. 110.07 in enforcing s. 287.81. In accordance with s. 345.11 (1m), the citation shall not be used for violations of ch. 350 relating to highway use. The citation may be used for violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.

139,29 Section 29. 23.54 (3) (e) of the statutes is amended to read:

23.54 (3) (e) The maximum forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, applicable weapons assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment, applicable fishing shelter removal assessment, applicable snowmobile registration restitution payment and applicable natural resources restitution payment plus costs, fees, and surcharges imposed under ch. 814, for which the defendant might be found liable.

139,30 Section 30. 23.54 (3) (i) of the statutes is amended to read:

23.54 (3) (i) Notice that if the defendant makes a deposit and fails to appear in court at the time fixed in the citation, the defendant will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus costs, including any applicable fees prescribed in, and surcharges imposed under ch. 814, not to exceed the amount of the deposit. The notice shall also state that the court may decide to summon the defendant rather than accept the deposit and plea.

139,31 Section 31. 23.54 (3) (j) of the statutes is amended to read:

23.54 (3) (j) Notice that if the defendant makes a deposit and signs the stipulation, the defendant will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus costs, including any applicable fees prescribed in, and surcharges imposed under ch. 814, not to exceed the amount of the deposit. The notice shall also state that the court may decide to summon the defendant rather than accept the deposit and stipulation, and that the defendant may, at any time prior to or at the time of the court appearance date, move the court for relief from the effects of the stipulation.

139,32 Section 32. 23.55 (1) (b) of the statutes is amended to read:

23.55 (1) (b) A plain and concise statement of the violation identifying the event or occurrence from which the violation arose and showing that the plaintiff is entitled to relief, the statute upon which the cause of action is based and a demand for a forfeiture, the amount of which shall not exceed the maximum set by the statute involved, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment, any applicable natural resources restitution payment plus costs, fees, and surcharges imposed under ch. 814, and any other relief that is sought by the plaintiff.

139,33 Section 33. 23.56 (2) of the statutes is amended to read:

23.56 (2) In actions to collect forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments plus costs, fees, and surcharges imposed under ch. 814, the judge who issues a warrant under sub. (1) may endorse upon the warrant the amount of the deposit. If no endorsement is made, the deposit schedule under s. 23.66 shall apply, unless the court directs that the person be brought before the court.

139,34 Section 34. 23.66 (2) of the statutes is amended to read:

23.66 (2) The person receiving the deposit shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of court or municipal court regarding the disposition of the deposit, and notifying the defendant that if he or she fails to appear in court at the time fixed in the citation he or she will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus costs, including any applicable fees prescribed in, and surcharges imposed under ch. 814, not to exceed the amount of the deposit which the court may accept. The original of the receipt shall be delivered to the defendant in person or by mail. If the defendant pays by check, share draft, or other draft, the check, share draft, or other draft or a microfilm copy of the check, share draft, or other draft shall be considered a receipt. If the defendant makes the deposit by use of a credit card, the credit charge receipt shall be considered a receipt.

139,35 Section 35. 23.66 (4) of the statutes is amended to read:

23.66 (4) The basic amount of the deposit shall be determined in accordance with a deposit schedule that the judicial conference shall establish. Annually, the judicial conference shall review and may revise the schedule. In addition to the basic amount determined according to the schedule, the deposit shall include court costs, including any applicable fees prescribed in fees, and surcharges imposed under ch. 814, any applicable penalty assessment, any applicable jail assessment, any applicable crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment.

139,36 Section 36. 23.67 (2) of the statutes is amended to read:

23.67 (2) The deposit and stipulation of no contest may be made at any time prior to the court appearance date. By signing the stipulation, the defendant is deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus costs, including any applicable fees prescribed in, and surcharges imposed under ch. 814, not to exceed the amount of the deposit.

139,37 Section 37. 23.67 (3) of the statutes is amended to read:

23.67 (3) The person receiving the deposit and stipulation of no contest shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of court or municipal court regarding the disposition of the deposit, and notifying the defendant that if the stipulation of no contest is accepted by the court the defendant will be deemed to have submitted to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus costs, including any applicable fees prescribed in, and surcharges imposed under ch. 814, not to exceed the amount of the deposit. Delivery of the receipt shall be made in the same manner as in s. 23.66.

139,38 Section 38. 23.75 (3) (a) 2. of the statutes is amended to read:

23.75 (3) (a) 2. If the court considers the nonappearance to be a plea of no contest and enters judgment accordingly, the court shall promptly mail a copy or notice of the judgment to the defendant. The judgment shall allow the defendant not less than 20 working days from the date the judgment copy or notice is mailed to pay the forfeiture, penalty assessment, jail assessment and crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus costs, including any applicable fees prescribed in, and surcharges imposed under ch. 814.

139,39 Section 39. 23.75 (3) (b) of the statutes is amended to read:

23.75 (3) (b) If the defendant has made a deposit, 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, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus any applicable costs, 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. If the defendant fails to appear in response to the summons, the court shall issue an arrest warrant. If the court accepts the plea of no contest, the defendant may move within 90 days after the date set for appearance to withdraw the plea of no contest, open the judgment, and enter a plea of not guilty if the defendant shows to the satisfaction of the court that failure to appear was due to mistake, inadvertence, surprise, or excusable neglect. If a party is relieved from the plea of no contest, the court or judge may order a written complaint to be filed and set the matter for trial. After trial, the costs and, fees, and surcharges imposed under ch. 814 shall be taxed as provided by law. If on reopening the defendant is found not guilty, the court shall delete the record of conviction and shall order the defendant's deposit returned.

139,40 Section 40. 23.75 (3) (c) of the statutes is amended to read:

23.75 (3) (c) If the defendant has made a deposit and stipulation of no contest, 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, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus any applicable costs, 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. If the defendant fails to appear in response to the summons, the court shall issue an arrest warrant. After signing a stipulation of no contest, the defendant may, at any time prior to or at the time of the court appearance date, move the court for relief from the effect of the stipulation. The court may act on the motion, with or without notice, for cause shown by affidavit and upon just terms, and relieve the defendant from the stipulation and the effects thereof. If the defendant is relieved from the stipulation of no contest, the court may order a citation or complaint to be filed and set the matter for trial. After trial, the costs and, fees, and surcharges imposed under ch. 814 shall be taxed as provided by law.

139,41 Section 41. 23.79 (1) of the statutes is amended to read:

23.79 (1) If the defendant is found guilty, the court may enter judgment against the defendant for a monetary amount not to exceed the maximum forfeiture provided by the statute for the violation, the penalty assessment, the jail assessment, the crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment, any applicable natural resources restitution payment and for plus costs, fees, and surcharges imposed under ch. 814.

139,42 Section 42. 23.79 (2) of the statutes is amended to read:

23.79 (2) The payment of any judgment may be suspended or deferred for not more than 90 days in the discretion of the court. In cases where a deposit has been made, any forfeitures, penalty assessments, jail assessments, weapons assessments, environmental assessments, wild animal protection assessments, natural resources assessments, fishing shelter removal assessments, snowmobile registration restitution payments, natural resources restitution payments or costs, fees, and surcharges imposed under ch. 814 shall be taken out of the deposit and the balance, if any, returned to the defendant.

139,43 Section 43. 23.80 (2) of the statutes is amended to read:

23.80 (2) Upon default of the defendant corporation or municipality, or upon conviction, judgment for the amount of the forfeiture, the penalty assessment, the jail assessment, the crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus costs, fees, and surcharges imposed under ch. 814, shall be entered.

139,44 Section 44. 23.83 (2) of the statutes is amended to read:

23.83 (2) Stay of execution. The amount of undertaking required to stay execution on appeal shall not exceed the amount of the maximum forfeiture, applicable weapons assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment, applicable fishing shelter removal assessment, applicable snowmobile registration restitution payment and applicable natural resources restitution payment plus court costs , fees, and surcharges imposed under ch. 814.

139,45 Section 45. 23.84 of the statutes is amended to read:

23.84 Forfeitures and assessments, costs, fees, and surcharges collected; to whom paid. Except for actions in municipal court, all moneys collected in favor of the state or a municipality for a forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, applicable weapons assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment, applicable fishing shelter removal assessment, applicable snowmobile registration restitution payment and applicable natural resources restitution payment plus costs, fees, and surcharges imposed under ch. 814, shall be paid by the officer who collects the same to the appropriate municipal or county treasurer, within 20 days after its their receipt by the officer, except that all jail assessments surcharges imposed under ch. 814 shall be paid to the county treasurer. In case of any failure in the payment, the municipal or county treasurer may collect the payment from the officer by an action in the treasurer's name of office and upon the official bond of the officer, with interest at the rate of 12% per year from the time when it should have been paid.

139,46 Section 46. 23.85 of the statutes is amended to read:

23.85 Statement to county board; payment to state. Every county treasurer shall, on the first day of the annual meeting of the county board of supervisors, submit to it a verified statement of all forfeitures, penalty assessments, jail assessments, weapons assessments, environmental assessments, wild animal protection assessments, natural resources assessments, fishing shelter removal assessments, snowmobile registration restitution payments and natural resources restitution payments money costs, fees, and surcharges imposed under ch. 814 and received during the previous year. The county clerk shall deduct all expenses incurred by the county in recovering those forfeitures, penalty assessments, weapons assessments, environmental assessments, wild animal protection assessments, natural resources assessments, fishing shelter removal assessments, snowmobile registration restitution payments and natural resources restitution payments costs, fees, and surcharges from the aggregate amount so received, and shall immediately certify the amount of clear proceeds of those forfeitures, penalty assessments, weapons assessments, environmental assessments, wild animal protection assessments, natural resources assessments, fishing shelter removal assessments, snowmobile registration restitution payments and natural resources restitution payments costs, fees, and surcharges to the county treasurer, who shall pay the proceeds to the state treasurer as provided in s. 59.25 (3). Jail assessments surcharges imposed under ch. 814 shall be treated separately as provided in s. 302.46.

139,47 Section 47. 25.40 (1) (ij) of the statutes is amended to read:

25.40 (1) (ij) All moneys forwarded by county treasurers from railroad crossing improvement assessments required surcharges under ss. 346.177, 346.495 , and 346.65 (4r), as provided in s. 59.25 (3) (f) 2.

139,48 Section 48. 25.46 (13m) of the statutes is amended to read:

25.46 (13m) The environmental assessments imposed surcharges under s. 299.93 for environmental enforcement, environmental repair, and environmental education.

139,49 Section 49. 29.961 (1) (c) of the statutes is amended to read:

29.961 (1) (c) Shall pay a natural resources restitution payment surcharge equal to the amount of the statutory fee for the approval which was required and should have been obtained.

139,50 Section 50. 29.964 (3) of the statutes is amended to read:

29.964 (3) Shall pay a natural resources restitution payment surcharge equal to the statutory fee for the approval which was required and should have been obtained.

139,51 Section 51. 29.971 (1g) of the statutes is amended to read:

29.971 (1g) For failure to hold a valid approval as required under this chapter for which a court imposes a penalty under sub. (1) (a) to (e) or (5m), by the payment of a natural resources restitution payment surcharge equal to the amount of the statutory fee for the approval that was required and that should have been obtained.

139,52 Section 52. 29.971 (2) (c) of the statutes is amended to read:

29.971 (2) (c) By the payment of a natural resources restitution payment surcharge equal to the amount of the statutory fee for the approval which was required and should have been obtained.

139,53 Section 53. 29.983 (title) of the statutes is amended to read:

29.983 (title) Wild animal protection assessments surcharges.

139,54 Section 54. 29.983 (1) (a) of the statutes is amended to read:

29.983 (1) (a) If a court imposes a fine or forfeiture for a violation of a provision of this chapter or an order issued under this chapter for the unlawful killing, wounding, catching, taking, trapping, or possession of a wild animal specified in par. (b), or any part of such a wild animal, the court may impose a wild animal protection assessment surcharge under ch. 814 that equals the amount specified for the wild animal under par. (b).

139,55 Section 55. 29.983 (1) (b) (intro.) of the statutes is amended to read:

29.983 (1) (b) (intro.) The amount of the wild animal protection assessment surcharge imposed under ch. 814 shall be as follows:

139,56 Section 56. 29.983 (1) (d) of the statutes is amended to read:

29.983 (1) (d) If a fine or forfeiture is suspended in whole or in part, the wild animal protection assessment surcharge shall be reduced in proportion to the suspension.

139,57 Section 57. 29.983 (1) (e) of the statutes is amended to read:

29.983 (1) (e) 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 wild animal protection assessment required surcharge under this section. If the deposit is forfeited, the amount of the wild animal protection assessment surcharge shall be transmitted to the state treasurer under par. (f). If the deposit is returned, the wild animal protection assessment surcharge shall also be returned.

139,58 Section 58. 29.983 (1) (f) of the statutes is amended to read:

29.983 (1) (f) The clerk of the court shall collect and transmit to the county treasurer the wild animal protection 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.

139,59 Section 59. 29.983 (2) (title) of the statutes is amended to read:

29.983 (2) (title) Deposit of wild animal protection assessment surcharge funds.

139,60 Section 60. 29.985 of the statutes is amended to read:

29.985 Fishing shelter removal assessment surcharge. (1) Levy of fishing shelter removal assessment surcharge. (a) If a court imposes a forfeiture under s. 29.404 (3), the court shall impose a fishing shelter removal assessment surcharge under ch. 814 equal to the costs that should have been reimbursed under s. 29.404 (2).

(b) If a forfeiture is suspended in whole or in part, the fishing shelter removal assessment 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 fishing shelter removal assessment prescribed in surcharge under this section. If the deposit is forfeited, the amount of the fishing shelter removal assessment surcharge shall be transmitted to the state treasurer under par. (d). If the deposit is returned, the fishing shelter removal assessment surcharge shall also be returned.

(d) The clerk of the court shall collect and transmit to the county treasurer the fishing shelter removal 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.

(2) Use of fishing shelter removal assessments surcharges funds. All moneys collected from fishing shelter removal assessments surcharges shall be deposited in the conservation fund.

139,61 Section 61. 29.987 of the statutes is amended to read:

29.987 Natural resources assessments surcharge. (1) Levy of natural resources assessment surcharge. (a) If a court imposes a fine or forfeiture for a violation of a provision of this chapter or an order issued under this chapter, the court shall impose a natural resources assessment surcharge under ch. 814 equal to 75% of the amount of the fine or forfeiture.

(b) If a fine or forfeiture is suspended in whole or in part, the natural resources assessment surcharge shall be reduced in proportion to the suspension.

(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 natural resources assessment prescribed in surcharge under this section. If the deposit is forfeited, the amount of the natural resources assessment surcharge shall be transmitted to the state treasurer under par. (d). If the deposit is returned, the natural resources assessment surcharge shall also be returned.