AB421, s. 77
3Section
77. 66.0114 (1) (bm) of the statutes is amended to read:
AB421,35,234
66.0114
(1) (bm) The official receiving the penalties shall remit all moneys
5collected to the treasurer of the city, village, town sanitary district, or public inland
6lake protection and rehabilitation district in whose behalf the sum was paid, except
7that all jail
assessments surcharges imposed under ch. 814 shall be remitted to the
8county treasurer, within 20 days after
its their receipt by the official. If timely
9remittance is not made, the treasurer may collect the payment of the officer by action,
10in the name of the office, and upon the official bond of the officer, with interest at the
11rate of 12% per year from the date on which it was due. In the case of
the penalty
12assessment imposed by s. 757.05, the crime laboratories and drug law enforcement
13assessment imposed by s. 165.755, the driver improvement surcharge imposed by s.
14346.655 (1), the truck driver education assessment imposed by s. 349.04, any
15applicable consumer protection assessment imposed by s. 100.261, and any
16applicable domestic abuse assessment imposed by s. 973.055 (1)
any other costs, fees,
17and surcharges imposed under ch. 814, the treasurer of the city, village, town
18sanitary district, or public inland lake protection and rehabilitation district shall
19remit to the state treasurer the amount required by law to be paid on the actions
20entered during the preceding month on or before the first day of the next succeeding
21month. The governing body of the city, village, town sanitary district, or public
22inland lake protection and rehabilitation district shall by ordinance designate the
23official to receive the penalties and the terms under which the official qualifies.
AB421, s. 78
24Section
78. 100.261 (title) of the statutes is amended to read:
AB421,35,25
25100.261 (title)
Consumer protection assessment surcharge.
AB421, s. 79
1Section
79. 100.261 (1) of the statutes is amended to read:
AB421,36,92
100.261
(1) If a court imposes a fine or forfeiture for a violation of this chapter,
3ch. 98, a rule promulgated under this chapter or ch. 98
, or an ordinance enacted
4under this chapter or ch. 98, the court shall also impose a consumer protection
5assessment surcharge under ch. 814 in an amount equal to 25% of the fine or
6forfeiture imposed. If multiple violations are involved, the court shall base the
7consumer protection
assessment surcharge upon the
the total of the fine or forfeiture
8amounts for all violations. If a fine or forfeiture is suspended in whole or in part, the
9court shall reduce the
assessment surcharge in proportion to the suspension.
AB421, s. 80
10Section
80. 100.261 (2) of the statutes is amended to read:
AB421,36,1611
100.261
(2) If any deposit is made for a violation to which this section applies,
12the person making the deposit shall also deposit a sufficient amount to include the
13consumer protection
assessment required surcharge under this section. If the
14deposit is forfeited, the amount of the consumer protection
assessment surcharge 15shall be transmitted to the state treasurer under sub. (3). If the deposit is returned,
16the consumer protection
assessment surcharge shall also be returned.
AB421, s. 81
17Section
81. 100.261 (3) (a) of the statutes is amended to read:
AB421,36,2118
100.261
(3) (a) The clerk of court shall collect and transmit the consumer
19protection
assessment amounts surcharges imposed under ch. 814 to the county
20treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to
21the state treasurer under s. 59.25 (3) (f) 2.
AB421, s. 82
22Section
82. 100.261 (3) (b) of the statutes is amended to read:
AB421,37,223
100.261
(3) (b) The state treasurer shall deposit the consumer protection
24assessment amounts surcharges imposed under ch. 814 in the general fund and shall
1credit them to the appropriation account under s. 20.115 (1) (jb), subject to the limit
2under par. (c).
AB421, s. 83
3Section
83. 102.01 (2) (i) of the statutes is renumbered 102.01 (2) (jm) and
4amended to read:
AB421,37,65
102.01
(2) (jm) "Uninsured employer
assessment surcharge" means the
6assessment imposed surcharge under s. 102.85 (4).
AB421, s. 84
7Section
84. 102.80 (1) (b) of the statutes is amended to read:
AB421,37,98
102.80
(1) (b) Uninsured employer
assessments surcharges collected under s.
9102.85 (4).
AB421, s. 85
10Section
85. 102.85 (4) of the statutes is amended to read:
AB421,37,1311
102.85
(4) (a) If a court imposes a fine or forfeiture under subs. (1) to (3), the
12court shall impose
under ch. 814 an uninsured employer
assessment surcharge equal
13to 75% of the amount of the fine or forfeiture.
AB421,37,1514
(b) If a fine or forfeiture is suspended in whole or in part, the uninsured
15employer
assessment surcharge shall be reduced in proportion to the suspension.
AB421,37,2116
(c) If any deposit is made for an offense to which this section applies, the person
17making the deposit shall also deposit a sufficient amount to include the uninsured
18employer
assessment prescribed in surcharge under this section. If the deposit is
19forfeited, the amount of the uninsured employer
assessment surcharge shall be
20transmitted to the state treasurer under par. (d). If the deposit is returned, the
21uninsured employer
assessment surcharge shall also be returned.
AB421,38,222
(d) The clerk of the court shall collect and transmit to the county treasurer the
23uninsured employer
assessment surcharge and other amounts required under s.
2459.40 (2) (m). The county treasurer shall then make payment to the state treasurer
25as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the
1uninsured employer
assessment surcharge, together with any interest thereon, in
2the uninsured employers fund as provided in s. 102.80 (1).
AB421, s. 86
3Section
86. 102.85 (5) (a) of the statutes is amended to read:
AB421,38,124
102.85
(5) (a) The payment of any judgment under this section may be
5suspended or deferred for not more than 90 days in the discretion of the court. The
6court shall suspend a judgment under this section upon the motion of the
7department, if the department is satisfied that the employer's violation of s. 102.16
8(3) or 102.28 (2) was beyond the employer's control and that the employer no longer
9violates s. 102.16 (3) or 102.28 (2). In cases where a deposit has been made, any
10forfeitures,
penalty assessments, jail assessments, uninsured employer assessments 11surcharges, fees, and costs
imposed under ch. 814 shall be taken out of the deposit
12and the balance, if any, returned to the employer.
AB421, s. 87
13Section
87. 102.87 (2) (e) of the statutes is amended to read:
AB421,38,1714
102.87
(2) (e) The maximum forfeiture,
penalty assessment, jail assessment,
15crime laboratories and drug law enforcement assessment and any applicable
16uninsured employer assessment plus costs, fees, and surcharges imposed under ch.
17814, for which the defendant is liable.
AB421, s. 88
18Section
88. 102.87 (2) (g) of the statutes is amended to read:
AB421,39,219
102.87
(2) (g) Notice that if the defendant makes a deposit and fails to appear
20in court at the time specified in the citation, the failure to appear will be considered
21tender of a plea of no contest and submission to a forfeiture,
penalty assessment, jail
22assessment, crime laboratories and drug law enforcement assessment and any
23applicable uninsured employer assessment plus costs
, fees, and surcharges imposed
24under ch. 814, not to exceed the amount of the deposit. The notice shall also state
25that the court, instead of accepting the deposit and plea, may decide to summon the
1defendant or may issue an arrest warrant for the defendant upon failure to respond
2to a summons.
AB421, s. 89
3Section
89. 102.87 (2) (h) of the statutes is amended to read:
AB421,39,134
102.87
(2) (h) Notice that if the defendant makes a deposit and signs the
5stipulation
, the stipulation will be treated as a plea of no contest and submission to
6a forfeiture,
penalty assessment, jail assessment, crime laboratories and drug law
7enforcement assessment and any applicable uninsured employer assessment plus
8costs
, fees, and surcharges imposed under ch. 814, not to exceed the amount of the
9deposit. The notice shall also state that the court, instead of accepting the deposit
10and stipulation, may decide to summon the defendant or issue an arrest warrant for
11the defendant upon failure to respond to a summons, and that the defendant may,
12at any time before or at the time of the court appearance date, move the court for
13relief from the effect of the stipulation.
AB421, s. 90
14Section
90. 102.87 (3) of the statutes is amended to read:
AB421,39,2515
102.87
(3) A defendant issued a citation under this section may deposit the
16amount of money that the issuing department deputy or officer directs by mailing or
17delivering the deposit and a copy of the citation before the court appearance date to
18the clerk of the circuit court in the county where the violation occurred, to the
19department
, or to the sheriff's office or police headquarters of the officer who issued
20the citation. The basic amount of the deposit shall be determined under a deposit
21schedule established by the judicial conference. The judicial conference shall
22annually review and revise the schedule. In addition to the basic amount determined
23by the schedule
, the deposit shall include the
penalty assessment, jail assessment,
24crime laboratories and drug law enforcement assessment, any applicable uninsured
25employer assessment and costs
, fees, and surcharges imposed under ch. 814.
AB421, s. 91
1Section
91. 102.87 (5) of the statutes is amended to read:
AB421,40,132
102.87
(5) Except as provided by sub. (6), a person receiving a deposit shall
3prepare a receipt in triplicate showing the purpose for which the deposit is made,
4stating that the defendant may inquire at the office of the clerk of the circuit court
5regarding the disposition of the deposit, and notifying the defendant that if he or she
6fails to appear in court at the time specified in the citation he or she shall be
7considered to have tendered a plea of no contest and submitted to a forfeiture,
8penalty assessment, jail assessment, crime laboratories and drug law enforcement
9assessment and any applicable uninsured employer assessment plus costs
, fees, and
10surcharges imposed under ch. 814, not to exceed the amount of the deposit and that
11the court may accept the plea. The original of the receipt shall be delivered to the
12defendant in person or by mail. If the defendant pays by check, the canceled check
13is the receipt.
AB421, s. 92
14Section
92. 102.87 (6) of the statutes is amended to read:
AB421,40,2415
102.87
(6) The person receiving a deposit and stipulation of no contest shall
16prepare a receipt in triplicate showing the purpose for which the deposit is made,
17stating that the defendant may inquire at the office of the clerk of the circuit court
18regarding the disposition of the deposit, and notifying the defendant that if the
19stipulation of no contest is accepted by the court the defendant will be considered to
20have submitted to a forfeiture,
penalty assessment, jail assessment, crime
21laboratories and drug law enforcement assessment and applicable uninsured
22employer assessment plus costs
, fees, and surcharges imposed under ch. 814, not to
23exceed the amount of the deposit. Delivery of the receipt shall be made in the same
24manner as provided in sub. (5).
AB421, s. 93
25Section
93. 102.87 (7) (b) of the statutes is amended to read:
AB421,41,16
1102.87
(7) (b) If the defendant has made a deposit, the citation may serve as
2the initial pleading and the defendant shall be considered to have tendered a plea
3of no contest and submitted to a forfeiture,
penalty assessment, jail assessment,
4crime laboratories and drug law enforcement assessment and any applicable
5uninsured employer assessment plus costs
, fees, and surcharges imposed under ch.
6814, not to exceed the amount of the deposit. The court may either accept the plea
7of no contest and enter judgment accordingly, or reject the plea and issue a summons.
8If the defendant fails to appear in response to the summons, the court shall issue an
9arrest warrant. If the court accepts the plea of no contest, the defendant may, within
1090 days after the date set for appearance, move to withdraw the plea of no contest,
11open the judgment
, and enter a plea of not guilty if the defendant shows to the
12satisfaction of the court that failure to appear was due to mistake, inadvertence,
13surprise
, or excusable neglect. If a defendant is relieved from the plea of no contest,
14the court may order a written complaint or petition to be filed. If on reopening the
15defendant is found not guilty, the court shall delete the record of conviction and shall
16order the defendant's deposit returned.
AB421, s. 94
17Section
94. 102.87 (7) (c) of the statutes is amended to read:
AB421,42,418
102.87
(7) (c) If the defendant has made a deposit and stipulation of no contest,
19the citation serves as the initial pleading and the defendant shall be considered to
20have tendered a plea of no contest and submitted to a forfeiture,
penalty assessment,
21jail assessment, crime laboratories and drug law enforcement assessment and any
22applicable uninsured employer assessment plus costs
, fees, and surcharges imposed
23under ch. 814, not to exceed the amount of the deposit. The court may either accept
24the plea of no contest and enter judgment accordingly, or reject the plea and issue a
25summons or an arrest warrant. After signing a stipulation of no contest, the
1defendant may, at any time before or at the time of the court appearance date, move
2the court for relief from the effect of the stipulation. The court may act on the motion,
3with or without notice, for cause shown by affidavit and upon just terms, and relieve
4the defendant from the stipulation and the effects of the stipulation.
AB421, s. 95
5Section
95. 102.87 (9) of the statutes is amended to read:
AB421,42,146
102.87
(9) A department deputy or an officer who collects a forfeiture
, penalty
7assessment, jail assessment, crime laboratories and drug law enforcement
8assessment, applicable uninsured employer assessment and costs
, fees, and
9surcharges imposed under ch. 814 under this section shall pay the money to the
10county treasurer within 20 days after its receipt. If the department deputy or officer
11fails to make timely payment, the county treasurer may collect the payment from the
12department deputy or officer by an action in the treasurer's name of office and upon
13the official bond of the department deputy or officer, with interest at the rate of 12%
14per year from the time when it should have been paid.
AB421, s. 96
15Section
96. 148.04 (3) of the statutes is amended to read:
AB421,42,1916
148.04
(3) "Liability" includes the obligation to pay a judgment, settlement,
17penalty,
assessment, forfeiture
, or fine, including any excise tax assessed with
18respect to an employee benefit plan,
plus costs, fees, and surcharges imposed under
19ch. 814, and reasonable expenses.
AB421, s. 97
20Section
97. 165.755 (title) of the statutes is amended to read:
AB421,42,22
21165.755 (title)
Crime laboratories and drug law enforcement
22assessment surcharge.
AB421, s. 98
23Section
98. 165.755 (1) (a) of the statutes is amended to read:
AB421,43,224
165.755
(1) (a) Except as provided in par. (b), a court shall impose
under ch. 814 25a crime laboratories and drug law enforcement
assessment surcharge of $5 if the
1court imposes a sentence, places a person on probation
, or imposes a forfeiture for a
2violation of state law or for a violation of a municipal or county ordinance.
AB421, s. 99
3Section
99. 165.755 (1) (b) of the statutes is amended to read:
AB421,43,84
165.755
(1) (b) A court may not impose the crime laboratories and drug law
5enforcement
assessment surcharge under par. (a) for a violation of s. 101.123 (2) (a),
6(am) 1., (ar), (bm), or (br) or (5) (b) or for a violation of a state law or municipal or
7county ordinance involving a nonmoving traffic violation or a safety belt use violation
8under s. 347.48 (2m).
AB421, s. 100
9Section
100. 165.755 (2) of the statutes is amended to read:
AB421,43,1310
165.755
(2) If the court under sub. (1) (a) imposes a sentence or forfeiture for
11multiple offenses or places a person on probation for multiple offenses, a separate
12crime laboratories and drug law enforcement
assessment
surcharge shall be imposed
13under ch. 814 for each separate offense.
AB421, s. 101
14Section
101. 165.755 (5) of the statutes is amended to read:
AB421,43,2015
165.755
(5) If any deposit of bail is made for a noncriminal offense to which sub.
16(1) (a) applies, the person making the deposit shall also deposit a sufficient amount
17to include the
assessment prescribed in surcharge under sub. (1) (a) for forfeited bail.
18If bail is forfeited, the amount of the
assessment
surcharge under sub. (1) (a) shall
19be transmitted monthly to the state treasurer under this section. If bail is returned,
20the
assessment surcharge shall also be returned.
AB421, s. 102
21Section
102. 165.755 (6) of the statutes is amended to read:
AB421,44,222
165.755
(6) If an inmate in a state prison or a person sentenced to a state prison
23has not paid the crime laboratories and drug law enforcement
assessment surcharge 24under sub. (1) (a), the department shall assess and collect the amount owed from the
1inmate's wages or other moneys. Any amount collected shall be transmitted to the
2state treasurer.
AB421, s. 103
3Section
103. 165.755 (7) of the statutes is amended to read:
AB421,44,64
165.755
(7) All moneys collected from crime laboratories and drug law
5enforcement
assessments surcharges under this section shall be deposited by the
6state treasurer and used as specified in s. 20.455 (2) (kd) and (Lm).
AB421, s. 104
7Section
104. 167.31 (5) of the statutes is amended to read:
AB421,44,118
167.31
(5) Weapons assessment surcharge. (a) If a court imposes a fine or
9forfeiture for a violation of this section, the court shall also impose a weapons
10assessment surcharge under ch. 814 equal to 75% of the amount of the fine or
11forfeiture.
AB421,44,1312
(b) If a fine or forfeiture is suspended in whole or in part, the weapons
13assessment surcharge shall be reduced in proportion to the suspension.
AB421,44,1914
(c) If any deposit is made for an offense to which this subsection applies, the
15person making the deposit shall also deposit a sufficient amount to include the
16weapons
assessment surcharge under this subsection. If the deposit is forfeited, the
17amount of the weapons
assessment surcharge shall be transmitted to the state
18treasurer under par. (d). If the deposit is returned, the amount of the weapons
19assessment surcharge shall also be returned.
AB421,44,2420
(d) The clerk of the circuit court shall collect and transmit to the county
21treasurer the weapons
assessment surcharge as required under s. 59.40 (2) (m). The
22county treasurer shall then pay the state treasurer as provided in s. 59.25 (3) (f) 2.
23The state treasurer shall deposit all amounts received under this paragraph in the
24conservation fund to be appropriated under s. 20.370 (3) (mu).
AB421, s. 105
25Section
105. 169.46 of the statutes is amended to read:
AB421,45,6
1169.46 Natural resources assessments surcharges and restitution
2payments surcharges. (1) Natural resources assessments surcharges. (a) If
3a court imposes a fine or forfeiture for a violation of this chapter or a rule
4promulgated under this chapter, the court shall impose a natural resources
5assessment surcharge under ch. 814 equal to 75% of the amount of the fine or
6forfeiture.
AB421,45,87
(b) If a fine or forfeiture is suspended in whole or in part, the natural resources
8assessment surcharge shall be reduced in proportion to the suspension.
AB421,45,149
(c) If any deposit is made for an offense to which this subsection applies, the
10person making the deposit shall also deposit a sufficient amount to include the
11natural resources
assessment prescribed in surcharge under this subsection. If the
12deposit is forfeited, the amount of the natural resources
assessment surcharge shall
13be transmitted to the state treasurer under par. (d). If the deposit is returned, the
14natural resources
assessment surcharge shall also be returned.
AB421,45,1915
(d) The clerk of the court shall collect and transmit to the county treasurer the
16natural resources
assessment surcharge and other amounts required under s. 59.40
17(2) (m). The county treasurer shall then make payment to the state treasurer as
18provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the
19natural resources
assessment surcharge in the conservation fund.
AB421,45,2220
(e) All moneys collected from natural resources
assessments surcharges shall
21be deposited in the conservation fund and credited to the appropriation under s.
2220.370 (3) (mu).
AB421,46,2
23(2) Natural resources restitution payments surcharges. (a) If a court
24imposes a fine or forfeiture for a violation of this chapter for failure to obtain a license
25required under this chapter, the court shall impose a natural resources restitution
1payment surcharge under ch. 814 equal to the amount of the fee for the license that
2was required and should have been obtained.
AB421,46,53
(b) If a fine or forfeiture is suspended in whole or in part, the natural resources
4restitution
payment surcharge shall be reduced in proportion to the suspension
5unless the court directs otherwise.
AB421,46,126
(c) If any deposit is made for an offense to which this subsection applies, the
7person making the deposit shall also deposit a sufficient amount to include the
8natural resources restitution
payment prescribed in
surcharge under this
9subsection. If the deposit is forfeited, the amount of the natural resources restitution
10payment surcharge shall be transmitted to the state treasurer under par. (d). If the
11deposit is returned, the natural resources restitution
payment surcharge shall also
12be returned.
AB421,46,1713
(d) The clerk of the court shall collect and transmit to the county treasurer the
14natural resources restitution
payment surcharge and other amounts required under
15s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer
16as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the
17natural resources restitution
payment surcharge in the conservation fund.
AB421,46,2018
(e) All moneys collected from natural resources restitution
payments 19surcharges shall be deposited in the conservation fund and credited to the
20appropriation account under s. 20.370 (3) (mu).
AB421, s. 106
21Section
106. 180.0850 (4) of the statutes is amended to read:
AB421,46,2522
180.0850
(4) "Liability" includes the obligation to pay a judgment, settlement,
23penalty, assessment, forfeiture
, or fine, including an excise tax assessed with respect
24to an employee benefit plan,
plus costs, fees, and surcharges imposed under ch. 814, 25and reasonable expenses.
AB421, s. 107
1Section
107. 181.0871 (4) of the statutes is amended to read:
AB421,47,52
181.0871
(4) "Liability" includes the obligation to pay a judgment, settlement,
3penalty, assessment, forfeiture
, or fine, including any excise tax assessed with
4respect to an employee benefit plan,
plus costs, fees, and surcharges imposed under
5ch. 814, and reasonable expenses.
AB421, s. 108
6Section
108. 183.0403 (1) (b) of the statutes is amended to read:
AB421,47,107
183.0403
(1) (b) "Liabilities" include the obligation to pay a judgment,
8settlement,
penalty, assessment, forfeiture
, or fine, including an excise tax assessed
9with respect to an employee benefit plan
, plus costs, fees, and surcharges imposed
10under ch. 814, and reasonable expenses.
AB421, s. 109
11Section
109. 185.034 (4) of the statutes is amended to read:
AB421,47,1512
185.034
(4) "Liability" includes the obligation to pay a judgment, settlement,
13penalty, assessment, forfeiture
, or fine, including any excise tax assessed with
14respect to an employee benefit plan,
plus costs, fees, and surcharges imposed under
15ch. 814, and reasonable expenses.
AB421, s. 110
16Section
110. 186.082 (4) of the statutes is amended to read:
AB421,47,2017
186.082
(4) "Liability" includes the obligation to pay a judgment, settlement,
18penalty, assessment, forfeiture
, or fine, including any excise tax assessed with
19respect to an employee benefit plan,
plus costs, fees, and surcharges imposed under
20ch. 814, and reasonable expenses.
AB421, s. 111
21Section
111. 187.20 (4) of the statutes is amended to read:
AB421,47,2522
187.20
(4) "Liability" includes the obligation to pay a judgment, settlement,
23penalty, assessment, forfeiture
, or fine, including any excise tax assessed with
24respect to an employee benefit plan,
plus costs, fees, and surcharges imposed under
25ch. 814, and reasonable expenses.
AB421, s. 112
1Section
112. 215.512 (3) of the statutes is amended to read:
AB421,48,52
215.512
(3) "Liability" includes the obligation to pay a judgment, settlement,
3penalty, assessment, forfeiture
, or fine, including any excise tax assessed with
4respect to an employee benefit plan,
plus costs, fees, and surcharges imposed under
5ch. 814, and reasonable expenses.
AB421, s. 113
6Section
113. 221.0626 (3) of the statutes is amended to read:
AB421,48,107
221.0626
(3) "Liability" includes the obligation to pay a judgment, settlement,
8penalty, assessment, forfeiture
, or fine, including an excise tax assessed with respect
9to an employee benefit plan,
plus costs, fees, and surcharges imposed under ch. 814, 10and reasonable expenses.