LRB-2368/1
RPN:kmg:pg
2003 - 2004 LEGISLATURE
June 24, 2003 - Introduced by Representatives McCormick, Musser, Townsend,
Hahn, Kreibich, Seratti, Hines, Huber, Bies, Krawczyk and Van Roy,
cosponsored by Senators Welch and Roessler. Referred to Committee on
Corrections and the Courts.
AB421,3,2
1An Act to renumber 814.634 (2);
to renumber and amend 23.51 (4), 102.01
2(2) (i), 814.634 (title), 814.634 (1) (a) to (c), 814.634 (1) (d) and 814.635;
to
3amend 13.093 (2) (a), 20.292 (1) (hm), 20.395 (2) (gj), 20.435 (1) (gr), 20.435 (3)
4(hh), 20.455 (2) (i), 20.475 (1) (i), 20.505 (6) (j) (intro.), 20.505 (6) (kp) (title),
520.505 (6) (kt) (title), 20.530 (1) (ja), 20.566 (1) (h), 20.680 (2) (j), 23.50 (1), 23.50
6(2), 23.50 (3), 23.51 (3c), 23.51 (3g), 23.51 (3m), 23.51 (5), 23.51 (6), 23.51 (6m),
723.51 (8), 23.51 (9), 23.51 (10), 23.53 (1), 23.54 (3) (e), 23.54 (3) (i), 23.54 (3) (j),
823.55 (1) (b), 23.56 (2), 23.66 (2), 23.66 (4), 23.67 (2), 23.67 (3), 23.75 (3) (a) 2.,
923.75 (3) (b), 23.75 (3) (c), 23.79 (1), 23.79 (2), 23.80 (2), 23.83 (2), 23.84, 23.85,
1025.40 (1) (ij), 25.46 (13m), 29.961 (1) (c), 29.964 (3), 29.971 (1g), 29.971 (2) (c),
1129.983 (title), 29.983 (1) (a), 29.983 (1) (b) (intro.), 29.983 (1) (d), 29.983 (1) (e),
1229.983 (1) (f), 29.983 (2) (title), 29.985, 29.987, 29.989, 48.37, 59.25 (3) (f) 1.,
1359.25 (3) (f) 2., 59.25 (3) (j), 59.25 (3) (k), 59.40 (2) (m), 66.0113 (1) (b) 7. c.,
1466.0113 (1) (b) 7. d., 66.0113 (1) (c), 66.0113 (3) (a), 66.0113 (3) (b), 66.0113 (3)
1(c), 66.0113 (3) (d), 66.0114 (1) (b), 66.0114 (1) (bm), 100.261 (title), 100.261 (1),
2100.261 (2), 100.261 (3) (a), 100.261 (3) (b), 102.80 (1) (b), 102.85 (4), 102.85 (5)
3(a), 102.87 (2) (e), 102.87 (2) (g), 102.87 (2) (h), 102.87 (3), 102.87 (5), 102.87 (6),
4102.87 (7) (b), 102.87 (7) (c), 102.87 (9), 148.04 (3), 165.755 (title), 165.755 (1)
5(a), 165.755 (1) (b), 165.755 (2), 165.755 (5), 165.755 (6), 165.755 (7), 167.31 (5),
6169.46, 180.0850 (4), 181.0871 (4), 183.0403 (1) (b), 185.034 (4), 186.082 (4),
7187.20 (4), 215.512 (3), 221.0626 (3), 221.0626 (3), 253.06 (3) (a) 3., 253.06 (3m)
8(a) 2., 253.06 (4) (c) 1., 299.93, 302.46 (title), 302.46 (1) (a), 302.46 (1) (b), 302.46
9(1) (c), 302.46 (1) (d), 345.20 (2) (f), 345.26 (1) (b) 1., 345.26 (2) (b), 345.36 (2) (b),
10345.37 (1) (b), 345.37 (2), 345.37 (5), 345.375 (2), 345.47 (title), 345.47 (1)
11(intro.), 345.47 (1) (b), 345.47 (1) (c), 345.47 (2), 345.47 (3), 345.49 (title), 345.49
12(1), 345.49 (2), 345.61 (2) (c), 346.177, 346.495, 346.65 (4r), 346.655 (1), 349.04
13(title), 349.04 (1), 349.04 (2), 349.04 (3), 349.04 (4), 350.115, 447.15 (4), 753.40,
14757.05 (title), 757.05 (1) (a), 757.05 (1) (d), 757.05 (2) (title), 757.05 (2) (a),
15757.05 (2) (b), 758.19 (6) (c) 1. a., 778.02, 778.03, 778.06, 778.10, 778.105,
16778.13, 778.18, 778.25 (2) (g), 778.25 (3), 778.25 (5), 778.25 (8) (b), 778.25 (10),
17778.26 (2) (e), 778.26 (2) (g), 778.26 (2) (h), 778.26 (3), 778.26 (4), 778.26 (5),
18778.26 (6), 778.26 (7) (b), 778.26 (7) (c), 778.26 (9), 778.30 (1) (b), 800.02 (2) (a)
198., 800.02 (3) (a) 5., 800.03 (3), 800.04 (2) (b), 800.04 (2) (c), 800.09 (1) (intro.),
20800.09 (1) (a), 800.09 (2) (b), 800.10 (2), 800.12 (2), chapter 814 (title), 938.237
21(2), 938.37 (1), 938.37 (3), 961.41 (5) (a), 971.37 (1m) (c) 1. (intro.), 971.37 (1m)
22(c) 1. a., 973.05 (1), 973.05 (2), 973.05 (3) (a), 973.05 (4), 973.055 (1) (intro.),
23973.055 (2) (a), 973.055 (2) (b), 973.055 (3), 973.055 (4), 973.06 (title), 973.06 (1)
24(intro.), 973.06 (1) (f) 1. (intro.), 973.06 (1) (f) 2., 973.07, 973.09 (1x), 973.20 (11)
25(a), 973.20 (12) (a) and 973.20 (12) (b);
to repeal and recreate 814.60 (2) and
1814.63 (3); and
to create 14.58 (22) and subchapter III of chapter 814 [precedes
2814.75] of the statutes;
relating to: assessments, costs, fees, and surcharges.
Analysis by the Legislative Reference Bureau
Under current law, circuit courts may impose a fine or forfeiture and municipal
courts may impose a forfeiture for a violation of law. Generally, forfeitures collected
by municipal courts are paid to the municipality and forfeitures or fines collected by
circuit courts are paid to the state. In addition to fines and forfeitures, a court
currently may impose a variety of assessments, surcharges, and restitution
payments, as well as court costs and fees. The money collected from these
assessments, surcharges, restitution payments, costs, and fees funds various local
and state programs.
This bill consolidates all of the assessments, surcharges, and restitution
payments into the chapter of the statutes that requires the courts to impose costs and
fees and clarifies which assessments, surcharges, and restitution payments apply to
which type of violation. The bill changes the name of all of these assessments,
surcharges, and restitution payments to surcharges.
The bill requires the state treasurer to report annually to the legislature the
amount of money that the courts collect as costs, fees, fines, forfeitures, and
surcharges and requires the director of state courts to prepare a fiscal estimate on
any bill that modifies or creates a surcharge.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB421, s. 1
3Section
1. 13.093 (2) (a) of the statutes is amended to read:
AB421,4,154
13.093
(2) (a) Any bill making an appropriation
and, any bill increasing or
5decreasing existing appropriations or state or general local government fiscal
6liability or revenues
, and any bill that modifies an existing surcharge or creates a
7new surcharge that is imposed under ch. 814, shall, before any vote is taken thereon
8by either house of the legislature if the bill is not referred to a standing committee,
9or before any public hearing is held before any standing committee or, if no public
10hearing is held, before any vote is taken by the committee, incorporate a reliable
1estimate of the anticipated change in appropriation authority or state or general
2local government fiscal liability or revenues under the bill, including to the extent
3possible a projection of such changes in future biennia. For purposes of this
4paragraph, a bill increasing or decreasing the liability or revenues of the
5unemployment reserve fund is considered to increase or decrease state fiscal liability
6or revenues. Except as otherwise provided by joint rules of the legislature
or this
7paragraph, such estimates shall be made by the department or agency administering
8the appropriation or fund or collecting the revenue. The joint survey committee on
9retirement systems shall prepare the fiscal estimate with respect to the provisions
10of any bill referred to it which create or modify any system for, or make any provision
11for, the retirement of or payment of pensions to public officers or employees.
The
12director of state courts shall prepare the fiscal estimate with respect to the provisions
13of any bill that modifies an existing surcharge or creates a new surcharge that is
14imposed under ch. 814. When a fiscal estimate is prepared after the bill has been
15introduced, it shall be printed and distributed as are amendments.
AB421, s. 2
16Section
2. 14.58 (22) of the statutes is created to read:
AB421,4,1917
14.58
(22) Report fees and surcharges. Report annually to the legislature the
18amount of money collected by municipal and circuit courts as costs, fees, fines,
19forfeitures, and surcharges imposed under ch. 814.
AB421, s. 3
20Section
3. 20.292 (1) (hm) of the statutes is amended to read:
AB421,4,2321
20.292
(1) (hm)
Truck driver training. All moneys received from truck driver
22education
assessments surcharges under s. 349.04 to award grants for truck driver
23training under s. 38.04 (31).
AB421, s. 4
24Section
4. 20.395 (2) (gj) of the statutes is amended to read:
AB421,5,4
120.395
(2) (gj)
Railroad crossing protection installation and maintenance, state
2funds. All moneys received from railroad crossing improvement
assessments
3required surcharges under ss. 346.177, 346.495
, and 346.65 (4r), for the purpose of
4railroad crossing protection installation and maintenance under s. 195.28 (2) and (3).
AB421, s. 5
5Section
5. 20.435 (1) (gr) of the statutes is amended to read:
AB421,5,116
20.435
(1) (gr)
Supplemental food program for women, infants, and children
7administration. All moneys received from the
supplemental food enforcement
8assessments surcharges on fines, forfeitures
, and recoupments that are levied by a
9court under s. 253.06 (4) (c) and on forfeitures and recoupments that are levied by
10the department under s. 253.06 (5) (c) to finance fraud reduction in the supplemental
11food program for women, infants
, and children under s. 253.06.
AB421, s. 6
12Section
6. 20.435 (3) (hh) of the statutes is amended to read:
AB421,5,1613
20.435
(3) (hh)
Domestic abuse assessment surcharge grants. All moneys
14received from the domestic abuse
assessment surcharge on court fines, as authorized
15under s. 971.37 (1m) (c) 1. or 973.055, to provide grants to domestic abuse services
16organizations under s. 46.95.
AB421, s. 7
17Section
7. 20.455 (2) (i) of the statutes is amended to read:
AB421,5,2418
20.455
(2) (i)
Penalty assessment surcharge, receipts. The amounts in the
19schedule for the purposes of s. 165.85 (5) (b) and for crime laboratory equipment. All
20moneys received from the penalty
assessment surcharge on court fines and
21forfeitures as allocated to this appropriation account under s. 757.05 (2) (a) shall be
22credited to this appropriation account. Moneys may be transferred from this
23paragraph to pars. (j), (ja)
, and (jb) by the secretary of administration for
24expenditures based upon determinations by the department of justice.
AB421, s. 8
25Section
8. 20.475 (1) (i) of the statutes is amended to read:
AB421,6,6
120.475
(1) (i)
Other employees. The amounts in the schedule to reimburse
2Milwaukee County for the costs of clerks necessary for the prosecution of violent
3crime cases under s. 978.13 (1) (c) and clerks providing clerical services under s.
4978.13 (1) (b) to prosecutors handling cases involving felony violations under ch. 961.
5All moneys received under s.
814.635 814.86 (1m) shall be credited to this
6appropriation account.
AB421, s. 9
7Section
9. 20.505 (6) (j) (intro.) of the statutes is amended to read:
AB421,6,128
20.505
(6) (j)
Penalty assessment surcharge receipts. (intro.) All moneys
9received from the penalty
assessment surcharge under s. 757.05 (2) (b) on court fines
10and forfeitures and all moneys transferred under
2001 Wisconsin Act 16, sections
119201 (6c) (a), (b), and (c), 9211 (2c), and 9240 (1c), for the purpose of transferring the
12following amounts to the following appropriation accounts:
AB421, s. 10
13Section
10. 20.505 (6) (kp) (title) of the statutes is amended to read:
AB421,6,1514
20.505
(6) (kp) (title)
Anti-drug enforcement program, penalty
15assessment surcharge — local.
AB421, s. 11
16Section
11. 20.505 (6) (kt) (title) of the statutes is amended to read:
AB421,6,1817
20.505
(6) (kt) (title)
Anti-drug enforcement program, penalty
18assessment surcharge — state.
AB421, s. 12
19Section
12. 20.530 (1) (ja) of the statutes is amended to read:
AB421,6,2320
20.530
(1) (ja)
Justice information systems. The amounts in the schedule for
21the development and operation of automated justice information systems under s.
2222.03 (9). Two-ninths of the moneys received under s.
814.635 814.86 (1) shall be
23credited to this appropriation account.
AB421, s. 13
24Section
13. 20.566 (1) (h) of the statutes is amended to read:
AB421,7,10
120.566
(1) (h)
Debt collection. From moneys received from the collection of
2debts owed to state agencies under ss. 71.93 and 565.30 (5), from the collection of
3unpaid fines, forfeitures, costs,
assessments fees, surcharges, and restitution
4payments under s. 565.30 (5r) (b), from the collection of fees under s. 73.03 (52), and
5from moneys received from the collection of debts owed to municipalities and
6counties under s. 71.935, the amounts in the schedule to pay the administrative
7expenses of the department of revenue for the collection of those debts, fines,
8forfeitures, costs,
assessments, surcharges, fees, and restitution payments.
9Notwithstanding s. 20.001 (3) (a), at the end of the fiscal year the unencumbered
10balance of this appropriation account lapses to the general fund.
AB421, s. 14
11Section
14. 20.680 (2) (j) of the statutes is amended to read:
AB421,7,1612
20.680
(2) (j)
Court information systems. All moneys received under ss. 814.61,
13814.62
, and 814.63 that are required to be credited to this appropriation account
14under those sections and six-ninths of the moneys received under s.
814.635 814.86 15(1) for the operation of circuit court automated information systems under s. 758.19
16(4).
AB421, s. 15
17Section
15. 23.50 (1) of the statutes is amended to read:
AB421,8,618
23.50
(1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit
19court to recover forfeitures,
penalty assessments, jail assessments, applicable
20weapons assessments, applicable environmental assessments, applicable wild
21animal protection assessments, applicable natural resources assessments,
22applicable fishing shelter removal assessments, applicable snowmobile registration
23restitution payments and applicable natural resources restitution payments plus
24costs, fees, and surcharges imposed under ch. 814, for violations of ss. 77.09, 90.21,
25134.60, 167.10 (3), 167.31 (2), 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c)
,
1and (4), 287.07, 287.08, 287.81
, and 299.64 (2), subch. VI of ch. 77, this chapter
, and
2chs. 26 to 31, ch. 169, and ch. 350, and any administrative rules promulgated
3thereunder, violations specified under s. 285.86, violations of ch. 951 if the animal
4involved is a captive wild animal, violations of rules of the Kickapoo reserve
5management board under s. 41.41 (7) (k)
, or violations of local ordinances enacted
6by any local authority in accordance with s. 23.33 (11) (am) or 30.77.
AB421, s. 16
7Section
16. 23.50 (2) of the statutes is amended to read:
AB421,8,168
23.50
(2) All actions to recover these forfeitures
, penalty assessments, jail
9assessments, applicable weapons assessments, applicable environmental
10assessments, applicable wild animal protection assessments, applicable natural
11resources assessments, applicable fishing shelter removal assessments, applicable
12snowmobile registration restitution payments and applicable natural resources
13restitution payments and costs, fees, and surcharges imposed under ch. 814 are civil
14actions in the name of the state of Wisconsin, shall be heard in the circuit court for
15the county where the offense occurred, and shall be recovered under the procedure
16set forth in ss. 23.50 to 23.85.
AB421, s. 17
17Section
17. 23.50 (3) of the statutes is amended to read:
AB421,8,2518
23.50
(3) All actions in municipal court to recover forfeitures,
penalty
19assessments and jail assessments plus costs, fees, and surcharges imposed under ch.
20814, for violations of local ordinances enacted by any local authority in accordance
21with s. 23.33 (11) (am) or 30.77 shall utilize the procedure in ch. 800. The actions
22shall be brought before the municipal court having jurisdiction. Provisions relating
23to citations, arrests, questioning, releases, searches, deposits
, and stipulations of no
24contest in ss. 23.51 (1m), (3)
, and (8), 23.53, 23.54, 23.56 to 23.64, 23.66
, and 23.67
25shall apply to violations of such ordinances.
AB421, s. 18
1Section
18. 23.51 (3c) of the statutes is amended to read:
AB421,9,32
23.51
(3c) "Environmental
assessment surcharge" means the
assessment
3imposed surcharge under s. 299.93.
AB421, s. 19
4Section
19. 23.51 (3g) of the statutes is amended to read:
AB421,9,65
23.51
(3g) "Fishing shelter removal
assessment surcharge" means the
6assessment imposed surcharge under s. 29.985.
AB421, s. 20
7Section
20. 23.51 (3m) of the statutes is amended to read:
AB421,9,98
23.51
(3m) "Jail
assessment surcharge" means the
assessment imposed 9surcharge by s. 302.46 (1).
AB421, s. 21
10Section
21. 23.51 (4) of the statutes is renumbered 23.51 (5g) and amended
11to read:
AB421,9,1312
23.51
(5g) "Natural resources
assessment surcharge" means the
assessment
13imposed surcharge under s. 29.987.
AB421, s. 22
14Section
22. 23.51 (5) of the statutes is amended to read:
AB421,9,1615
23.51
(5) "Natural resources restitution
payment surcharge" means the
16payment imposed surcharge under s. 29.989 or 169.46 (2).
AB421, s. 23
17Section
23. 23.51 (6) of the statutes is amended to read:
AB421,9,1918
23.51
(6) "Penalty
assessment
surcharge" means the penalty
assessment
19imposed by surcharge under s. 757.05.
AB421, s. 24
20Section
24. 23.51 (6m) of the statutes is amended to read:
AB421,9,2221
23.51
(6m) "Snowmobile registration restitution
payment surcharge" means
22the
payment imposed surcharge under s. 350.115.
AB421, s. 25
23Section
25. 23.51 (8) of the statutes is amended to read:
AB421,10,3
123.51
(8) "Violation" means conduct which is prohibited by state law or
2municipal ordinance and punishable by a forfeiture
, a penalty assessment, a jail
3assessment and a crime laboratories and drug law enforcement assessment.
AB421, s. 26
4Section
26. 23.51 (9) of the statutes is amended to read:
AB421,10,65
23.51
(9) "Weapons
assessment
surcharge" means the
assessment imposed 6surcharge under s. 167.31 (5).
AB421, s. 27
7Section
27. 23.51 (10) of the statutes is amended to read:
AB421,10,98
23.51
(10) "Wild animal protection
assessment surcharge" means the
9assessment imposed surcharge under s. 29.983.