2003 Wisconsin Act 139

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.

(d) The clerk of the court shall collect and transmit to the county treasurer the natural resources 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 natural resources assessment surcharge in the conservation fund.

(2) Use of natural resources assessment surcharge funds. All moneys collected from natural resources assessments surcharges shall be credited to the appropriation under s. 20.370 (3) (mu).

139,62 Section 62. 29.989 of the statutes is amended to read:

29.989 Natural resources restitution payments surcharge. (1) Levy of natural resources restitution payment 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 where the payment of a natural resources restitution payment surcharge is required, the court shall impose a natural resources restitution payment surcharge under ch. 814 equal to the amount of the statutory fee for the approval which was required and should have been obtained.

(b) If a fine or forfeiture is suspended in whole or in part, the natural resources 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 natural resources restitution payment prescribed in surcharge under this section. If the deposit is forfeited, the amount of the natural resources restitution payment surcharge shall be transmitted to the state treasurer under par. (d). If the deposit is returned, the natural resources restitution payment surcharge shall also be returned.

(d) The clerk of the court shall collect and transmit to the county treasurer the natural resources 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. The state treasurer shall deposit the amount of the natural resources restitution payment surcharge in the conservation fund.

(2) Use of natural resources restitution payment surcharge funds. All moneys collected from natural resources restitution payments surcharges shall be appropriated for use under s. 20.370 (3) (mu).

139,63 Section 63. 48.37 of the statutes is amended to read:

48.37 Costs and fees. (1) A court assigned to exercise jurisdiction under this chapter and ch. 938 may not assess costs or assessments impose costs, fees, or surcharges under ch. 814 against a child under 14 years of age but may assess costs impose costs, fees, and surcharges under ch. 814 against a child 14 years of age or older.

(2) Notwithstanding sub. (1), no costs, penalty assessments or jail assessments fees, or surcharges may be assessed imposed under ch. 814 against any child in a circuit court exercising jurisdiction under s. 48.16.

139,64 Section 64. 59.25 (3) (f) 1. of the statutes is amended to read:

59.25 (3) (f) 1. Except as provided in subd. 2., transmit to the state treasurer at the time required by law to pay the state taxes a particular statement, certified by the county treasurer's personal signature affixed or attached thereto, of all moneys received by him or her during the preceding year and which are payable to the state treasurer for licenses, fines, penalties forfeitures, or on any other account, and at the same time pay to the state treasurer the amount thereof after deducting the legal fees.

139,65 Section 65. 59.25 (3) (f) 2. of the statutes is amended to read:

59.25 (3) (f) 2. For all court imposed fines and forfeitures, plus costs, fees, and surcharges imposed under ch. 814, required by law to be deposited in the state treasury, the amounts required by s. 757.05 for the penalty assessment surcharge, the amounts required by s. 165.755 for the crime laboratories and drug law enforcement assessment, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 938.34 (8d) for the delinquency victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts required by s. 100.261 for the consumer protection assessment, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 (1) for the domestic abuse assessment, the amounts required by s. 253.06 (4) (c) for the enforcement assessment under the supplemental food program for women, infants and children, the amounts required by s. 349.04 for the truck driver education assessment, the amounts required by ss. 346.177, 346.495 and 346.65 (4r) for the railroad crossing improvement assessment, the amounts required by s. 346.655 (2) (a) and (b) for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 299.93 for the environmental assessment, the amounts required by s. 29.983 for the wild animal protection assessment, the amounts required by ss. 29.987 and 169.46 (1) for the natural resources assessment surcharge, the amounts required by s. 29.985 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment, and the amounts required by ss. 29.989 and 169.46 (2) for natural resources restitution payments, transmit to the state treasurer a statement of all moneys required by law to be paid on the actions entered during the preceding month on or before the first day of the next succeeding month, certified by the county treasurer's personal signature affixed or attached thereto, and at the same time pay to the state treasurer the amount thereof of the money transmitted.

139,66 Section 66. 59.25 (3) (j) of the statutes is amended to read:

59.25 (3) (j) Retain 10% for fees in receiving and paying into the state treasury all money received by the treasurer for the state for fines and penalties forfeitures, except that 50% of the state forfeitures, and fines and penalties under chs. 341 to 347, 349, and 351 shall be retained as fees, and retain the other fees for receiving and paying money into the state treasury that are prescribed by law.

139,67 Section 67. 59.25 (3) (k) of the statutes is amended to read:

59.25 (3) (k) Forward 40% of the state forfeitures , and fines and penalties under ch. 348 to the state treasurer for deposit in the transportation fund under s. 25.40 (1) (ig).

139,68 Section 68. 59.40 (2) (m) of the statutes is amended to read:

59.40 (2) (m) Pay monthly to the treasurer for the use of the state the state's percentage of the costs, fees, and surcharges imposed under ch. 814 that are required to be paid on each civil action, criminal action, and special proceeding filed during the preceding month and pay monthly to the treasurer for the use of the state the percentage of court imposed fines and forfeitures that are required by law to be deposited in the state treasury, the amounts required by s. 757.05 for the penalty assessment surcharge, the amounts required by s. 165.755 for the crime laboratories and drug law enforcement assessment, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 938.34 (8d) for the delinquency victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts required by s. 100.261 for the consumer protection assessment, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 for the domestic abuse assessment surcharge, the amounts required by s. 253.06 (4) (c) for the enforcement assessment under the supplemental food program for women, infants and children, the amounts required by s. 349.04 for the truck driver education assessment, the amounts required by ss. 346.177, 346.495 and 346.65 (4r) for the railroad crossing improvement assessment, the amounts required by s. 346.655 for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 299.93 for the environmental assessment, the amounts required under s. 29.983 for the wild animal protection assessment, the amounts required under ss. 29.987 (1) (d) and 169.46 (1) (d) for the natural resources assessment surcharge, the amounts required by s. 29.985 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment, and the amounts required under ss. 29.989 (1) (d) and 169.46 (2) (d) for the natural resources restitution payments. The payments shall be made by the 15th day of the month following receipt thereof of the payments.

139,69 Section 69. 66.0113 (1) (b) 7. c. of the statutes is amended to read:

66.0113 (1) (b) 7. c. That, if the alleged violator makes a cash deposit and does not appear in court, he or she either will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment imposed by s. 757.05, a jail assessment imposed by s. 302.46 (1), a crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable consumer protection assessment imposed by s. 100.261, and any applicable domestic abuse assessment imposed by s. 973.055 (1) plus costs, fees, and surcharges imposed under ch. 814, not to exceed the amount of the deposit or will be summoned into court to answer the complaint if the court does not accept the plea of no contest.

139,70 Section 70. 66.0113 (1) (b) 7. d. of the statutes is amended to read:

66.0113 (1) (b) 7. d. That, if the alleged violator does not make a cash deposit and does not appear in court at the time specified, the court may issue a summons or a warrant for the defendant's arrest or consider the nonappearance to be a plea of no contest and enter judgment under sub. (3) (d), or the municipality may commence an action against the alleged violator to collect the forfeiture, the penalty assessment imposed by s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable consumer protection assessment imposed by s. 100.261, and any applicable domestic abuse assessment imposed by s. 973.055 (1) plus costs, fees, and surcharges imposed under ch. 814.

139,71 Section 71. 66.0113 (1) (c) of the statutes is amended to read:

66.0113 (1) (c) An ordinance adopted under par. (a) shall contain a schedule of cash deposits that are to be required for the various ordinance violations, and for the penalty assessment imposed by s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable consumer protection assessment imposed by s. 100.261, and any applicable domestic abuse assessment imposed by s. 973.055 (1), plus costs, fees, and surcharges imposed under ch. 814, for which a citation may be issued. The ordinance shall also specify the court, clerk of court, or other official to whom cash deposits are to be made and shall require that receipts be given for cash deposits.

139,72 Section 72. 66.0113 (3) (a) of the statutes is amended to read:

66.0113 (3) (a) The person named as the alleged violator in a citation may appear in court at the time specified in the citation or may mail or deliver personally a cash deposit in the amount, within the time, and to the court, clerk of court, or other official specified in the citation. If a person makes a cash deposit, the person may nevertheless appear in court at the time specified in the citation, but the cash deposit may be retained for application against any forfeiture, or restitution, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, consumer protection assessment, or domestic abuse assessment plus costs, fees, and surcharges imposed under ch. 814 that may be imposed.

139,73 Section 73. 66.0113 (3) (b) of the statutes is amended to read:

66.0113 (3) (b) If a person appears in court in response to a citation, the citation may be used as the initial pleading, unless the court directs that a formal complaint be made, and the appearance confers personal jurisdiction over the person. The person may plead guilty, no contest, or not guilty. If the person pleads guilty or no contest, the court shall accept the plea, enter a judgment of guilty, and impose a forfeiture, the penalty assessment imposed by s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable consumer protection assessment imposed by s. 100.261, and any applicable domestic abuse assessment imposed by s. 973.055 (1) plus costs, fees, and surcharges imposed under ch. 814. If the court finds that the violation meets the conditions in s. 800.093 (1), the court may order restitution under s. 800.093. A plea of not guilty shall put all matters in the case at issue, and the matter shall be set for trial.

139,74 Section 74. 66.0113 (3) (c) of the statutes is amended to read:

66.0113 (3) (c) If the alleged violator makes a cash deposit and fails to appear in court, the citation may serve as the initial pleading and the violator shall be considered to have tendered a plea of no contest and submitted to a forfeiture, the penalty assessment imposed by s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable consumer protection assessment imposed by s. 100.261, and any applicable domestic abuse assessment imposed by s. 973.055 (1) plus costs, fees, 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. If the court finds that the violation meets the conditions in s. 800.093 (1), the court may summon the alleged violator into court to determine if restitution shall be ordered under s. 800.093. If the court accepts the plea of no contest, the defendant may move within 10 days after the date set for the 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 the failure to appear was due to mistake, inadvertence, surprise, or excusable neglect. If the plea of no contest is accepted and not subsequently changed to a plea of not guilty, no additional costs or, fees, or surcharges may be taxed imposed against the violator, but a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment and, if applicable, a consumer protection assessment or a domestic abuse assessment shall be assessed under s. 814.78. If the court rejects the plea of no contest, an action for collection of the forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, any applicable consumer protection assessment, and any applicable domestic abuse assessment plus costs, fees, and surcharges imposed under ch. 814, may be commenced. A city, village, town sanitary district, or public inland lake protection and rehabilitation district may commence action under s. 66.0114 (1) and a county or town may commence action under s. 778.10. The citation may be used as the complaint in the action for the collection of the forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, any applicable consumer protection assessment, and any applicable domestic abuse assessment plus costs, fees, and surcharges imposed under ch. 814.

139,75 Section 75. 66.0113 (3) (d) of the statutes is amended to read:

66.0113 (3) (d) If the alleged violator does not make a cash deposit and fails to appear in court at the time specified in the citation, the court may issue a summons or warrant for the defendant's arrest or consider the nonappearance to be a plea of no contest and enter judgment accordingly if service was completed as provided under par. (e) or the county, town, city, village, town sanitary district, or public inland lake protection and rehabilitation district may commence an action for collection of the forfeiture, penalty assessment, jail assessment, and crime laboratories and drug law enforcement assessment, any applicable consumer protection assessment, and any applicable domestic abuse assessment plus costs, fees, and surcharges imposed under ch. 814. A city, village, town sanitary district, or public inland lake protection and rehabilitation district may commence action under s. 66.0114 (1) and a county or town may commence action under s. 778.10. The citation may be used as the complaint in the action for the collection of the forfeiture, penalty assessment, jail assessment, and crime laboratories and drug law enforcement assessment, any applicable consumer protection assessment, and any applicable domestic abuse assessment plus costs, fees, and surcharges imposed under ch. 814. 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 days from the date of the judgment to pay any forfeiture, penalty assessment, jail assessment, and crime laboratories and drug law enforcement assessment, any applicable consumer protection assessment, and any applicable domestic abuse assessment 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 reopen the judgment, accept a not guilty plea and set a trial date.

139,76 Section 76. 66.0114 (1) (b) of the statutes is amended to read:

66.0114 (1) (b) Local ordinances, except as provided in this paragraph or ss. 345.20 to 345.53, may contain a provision for stipulation of guilt or no contest of any or all violations under those ordinances, may designate the manner in which the stipulation is to be made, and may fix the penalty to be paid. When a person charged with a violation for which stipulation of guilt or no contest is authorized makes a timely stipulation, and pays the required penalty and pays the penalty assessment imposed by s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable consumer protection assessment imposed by s. 100.261, and any applicable domestic abuse assessment imposed by s. 973.055 (1), plus costs, fees, and surcharges imposed under ch. 814, to the designated official, the person need not appear in court and no witness fees or other additional costs, fees, or surcharges may be taxed imposed under ch. 814 unless the local ordinance so provides. A court appearance is required for a violation of a local ordinance in conformity with s. 346.63 (1).

139,77 Section 77. 66.0114 (1) (bm) of the statutes is amended to read:

66.0114 (1) (bm) The official receiving the penalties shall remit all moneys collected to the treasurer of the city, village, town sanitary district, or public inland lake protection and rehabilitation district in whose behalf the sum was paid, except that all jail assessments surcharges imposed under ch. 814 shall be remitted to the county treasurer, within 20 days after its their receipt by the official. If timely remittance is not made, the treasurer may collect the payment of the officer by action, in the name of the office, and upon the official bond of the officer, with interest at the rate of 12% per year from the date on which it was due. In the case of the penalty assessment imposed by s. 757.05, the crime laboratories and drug law enforcement assessment imposed by s. 165.755, the driver improvement surcharge imposed by s. 346.655 (1), the truck driver education assessment imposed by s. 349.04, any applicable consumer protection assessment imposed by s. 100.261, and any applicable domestic abuse assessment imposed by s. 973.055 (1) any other costs, fees, and surcharges imposed under ch. 814, the treasurer of the city, village, town sanitary district, or public inland lake protection and rehabilitation district shall remit to the state treasurer the amount required by law to be paid on the actions entered during the preceding month on or before the first day of the next succeeding month. The governing body of the city, village, town sanitary district, or public inland lake protection and rehabilitation district shall by ordinance designate the official to receive the penalties and the terms under which the official qualifies.

139,78 Section 78. 100.261 (title) of the statutes is amended to read:

100.261 (title) Consumer protection assessment surcharge.

139,79 Section 79. 100.261 (1) of the statutes is amended to read:

100.261 (1) If a court imposes a fine or forfeiture for a violation of this chapter, ch. 98, a rule promulgated under this chapter or ch. 98, or an ordinance enacted under this chapter or ch. 98, the court shall also impose a consumer protection assessment surcharge under ch. 814 in an amount equal to 25% of the fine or forfeiture imposed. If multiple violations are involved, the court shall base the consumer protection assessment surcharge upon the the total of the fine or forfeiture amounts for all violations. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the assessment surcharge in proportion to the suspension.

139,80 Section 80. 100.261 (2) of the statutes is amended to read:

100.261 (2) If any deposit is made for a violation to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the consumer protection assessment required surcharge under this section. If the deposit is forfeited, the amount of the consumer protection assessment surcharge shall be transmitted to the state treasurer under sub. (3). If the deposit is returned, the consumer protection assessment surcharge shall also be returned.

139,81 Section 81. 100.261 (3) (a) of the statutes is amended to read:

100.261 (3) (a) The clerk of court shall collect and transmit the consumer protection assessment amounts surcharges imposed under ch. 814 to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer under s. 59.25 (3) (f) 2.

139,82 Section 82. 100.261 (3) (b) of the statutes is amended to read:

100.261 (3) (b) The state treasurer shall deposit the consumer protection assessment amounts surcharges imposed under ch. 814 in the general fund and shall credit them to the appropriation account under s. 20.115 (1) (jb), subject to the limit under par. (c).

139,83 Section 83. 102.01 (2) (i) of the statutes is renumbered 102.01 (2) (jm) and amended to read:

102.01 (2) (jm) "Uninsured employer assessment surcharge" means the assessment imposed surcharge under s. 102.85 (4).

139,84 Section 84. 102.80 (1) (b) of the statutes is amended to read:

102.80 (1) (b) Uninsured employer assessments surcharges collected under s. 102.85 (4).

139,85 Section 85. 102.85 (4) of the statutes is amended to read:

102.85 (4) (a) If a court imposes a fine or forfeiture under subs. (1) to (3), the court shall impose under ch. 814 an uninsured employer assessment surcharge 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 uninsured employer 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 uninsured employer assessment prescribed in surcharge under this section. If the deposit is forfeited, the amount of the uninsured employer assessment surcharge shall be transmitted to the state treasurer under par. (d). If the deposit is returned, the uninsured employer assessment surcharge shall also be returned.

(d) The clerk of the court shall collect and transmit to the county treasurer the uninsured employer 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 uninsured employer assessment surcharge, together with any interest thereon, in the uninsured employers fund as provided in s. 102.80 (1).

139,86 Section 86. 102.85 (5) (a) of the statutes is amended to read:

102.85 (5) (a) The payment of any judgment under this section may be suspended or deferred for not more than 90 days in the discretion of the court. The court shall suspend a judgment under this section upon the motion of the department, if the department is satisfied that the employer's violation of s. 102.16 (3) or 102.28 (2) was beyond the employer's control and that the employer no longer violates s. 102.16 (3) or 102.28 (2). In cases where a deposit has been made, any forfeitures, penalty assessments, jail assessments, uninsured employer assessments surcharges, fees, and costs imposed under ch. 814 shall be taken out of the deposit and the balance, if any, returned to the employer.

139,87 Section 87. 102.87 (2) (e) of the statutes is amended to read: