LRB-3338/1
MJL:wlj:jf
2005 - 2006 LEGISLATURE
August 5, 2005 - Introduced by Representatives Nischke, Kleefisch, Nass, Vrakas,
Petrowski, Lothian, Krawczyk, LeMahieu, Ott, Vos, Albers, Owens,
McCormick and Hundertmark, cosponsored by Senators Kedzie, Roessler
and A. Lasee. Referred to Committee on Urban and Local Affairs.
AB596,1,2
1An Act to amend 755.21 of the statutes;
relating to: the sharing of collection
2costs by cities, villages, towns, and counties.
Analysis by the Legislative Reference Bureau
Under current law, the municipal court collects forfeitures and certain
assessments and surcharges for violations of city, village, and town ordinances and
disburses them to the appropriate municipal entities and, in some instances, to the
counties and to the state. Current law also authorizes the municipal court to contract
with a collection agency to collect these forfeitures, assessments, and surcharges and
provides that the costs of collection are deducted before the forfeitures, assessments,
and surcharges are disbursed.
This bill requires each entity on whose behalf the forfeitures, assessments, and
surcharges are collected to share the cost of collection in proportion to the entity's
entitlement to the amount collected.
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:
AB596, s. 1
3Section
1. 755.21 of the statutes is amended to read:
AB596,2,8
4755.21 Collection. The municipal court may contract with a collection agency
5for the collection of unpaid forfeitures, assessments, and surcharges under s. 66.0114
1(1) (a). The contract shall provide that the collection agency shall be paid from the
2proceeds recovered by the collection agency.
The net proceeds that the municipal
3court receives after the payment to the collection agency shall be considered the
4amount of forfeitures, assessments, and surcharges collected for distribution under
5s. 66.0114 (1) (bm) and (3) (b) and (c). For each violation for which a forfeiture,
6assessment, or surcharge is imposed, the municipal court shall determine the
7amount to be distributed to each entity under s. 66.0114 (1) (bm) and (3) (b) and (c)
8as follows:
AB596,2,10
9(1) Calculate the percentage of the total violation amount to which the entity
10is entitled before the collection agency is paid.
AB596,2,12
11(2) Subtract from the amount collected for the violation the amount paid to the
12collection agency to collect the violation amount.
AB596,2,13
13(3) Multiply the remainder under sub. (2) by the percentage under sub. (1).
AB596,2,1615
(1) This act first applies to forfeitures, assessments, and surcharges collected
16on the effective date of this subsection.
