AB329: Bill Text

AB329,153,7 753.07 (3) (a) The salaries authorized under ss. 230.12 and 751.02 for the judges and reporters shall be paid by the secretary of administration to the county treasurer or the county comptroller under s. 59.255 pursuant to a voucher submitted by the clerk of circuit court to the director of state courts. The county treasurer or the county comptroller under s. 59.255 shall pay the amounts directly to the judges and reporters and the amounts paid shall be subject to the retirement system established under chapter 201, laws of 1937.

AB329, s. 358 Section 358. 753.07 (3) (b) of the statutes is amended to read:

AB329,153,20 753.07 (3) (b) The state shall pay to the county treasurer or the county comptroller under s. 59.255 in the manner specified in par. (a) on behalf of the judges and reporters the required employer contribution rate as provided under s. 40.05. If the required employer contribution rate under the retirement system established under chapter 201, laws of 1937 is greater than the required employer contribution rate under s. 40.05, the state shall pay 50% of the difference to the county treasurer or the county comptroller under s. 59.255. For future retirement benefits, the judges and reporters shall be given the same consideration as other elected county officials and county employees under the county's retirement system. Reporters covered under this subsection may be discharged only for cause and in connection therewith shall be afforded the same rights to a hearing and appeal as employees in the classified state service.

AB329, s. 359 Section 359. 753.07 (4) of the statutes is amended to read:

AB329,154,9 753.07 (4) Court personnel; options. As state employees, county court judges, county court reporters, and assistant county court reporters, as specified in sub. (1), who are denominated or become circuit court judges and reporters on August 1, 1978, and persons serving as circuit court judges and circuit court reporters for Milwaukee County on July 31, 1978, shall have the option of remaining as participants under county life and health insurance programs to the extent of their participation in such programs on February 1, 1978. The secretary of administration shall semiannually pay to the county treasurer or the county comptroller under s. 59.255, pursuant to a voucher submitted by the clerk of circuit court to the director of state courts, an amount equal to the state contribution for life and health insurance for other comparable state employees. The county shall pay the cost of any premiums for life and health insurance exceeding the sum of the state contribution and the employee contribution as required under the county programs.

AB329, s. 360 Section 360. 757.05 (1) (b) of the statutes is amended to read:

AB329,154,17 757.05 (1) (b) If a fine or forfeiture is imposed by a court of record, after a determination by the court of the amount due, the clerk of the court shall collect and transmit the amount to the county treasurer, or the county comptroller under s. 59.255, as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration as provided in s. 59.25 (3) (f) 2. or the county comptroller under s. 59.255 shall then pay the secretary of administration as provided in s. 59.255 (3) (f) 2.

AB329, s. 361 Section 361. 757.05 (1) (c) of the statutes is amended to read:

AB329,154,23 757.05 (1) (c) If a fine or forfeiture is imposed by a municipal court, after a determination by the court of the amount due, the court shall collect and transmit the amount to the treasurer of the county, city, town, or village, or to the county comptroller under s. 59.255, and that treasurer or comptroller shall make payment to the secretary of administration as provided in s. 66.0114 (1) (bm).

AB329, s. 362 Section 362. 757.40 of the statutes is amended to read:

AB329,155,13 757.40 Law library. Any circuit judge may, whenever he or she deems it desirable, purchase or direct the clerk of the circuit court for any county in his or her circuit to purchase law books and subscribe for the periodical reports of any of the courts of the several states or territories or of the United States, for any county in his or her circuit, provided the cost of the books and reports, including pocket parts and continuing services, shall not exceed $1,500 for any county in one year, unless the board of supervisors of the county authorizes the expenditure of a larger sum. Whenever the purchase or subscription is made the clerk shall have each volume of books received stamped or branded with the name of the county and take charge of the same for the use of the courts, judges, attorneys and officers thereof. The cost of the volumes shall be paid by the county treasurer or the county comptroller under s. 59.255 upon the presentation to him or her of the accounts therefor, certified to by the clerk of the circuit court and the circuit judge.

AB329, s. 363 Section 363. 778.10 of the statutes is amended to read:

AB329,156,3 778.10 Municipal forfeitures, how recovered. All forfeitures imposed by any ordinance or regulation of any county, town, city, or village, or of any other domestic corporation may be sued for and recovered, under this chapter, in the name of the county, town, city, village, or corporation. It is sufficient to allege in the complaint that the defendant is indebted to the plaintiff in the amount of the forfeiture claimed, specifying the ordinance or regulation that imposes it, plus costs, fees, and surcharges imposed under ch. 814. If the ordinance or regulation imposes a penalty or forfeiture for several offenses or delinquencies, the complaint shall specify the particular offenses or delinquency for which the action is brought, with a demand for judgment for the amount of the forfeiture, plus costs, fees, and surcharges imposed under ch. 814. All moneys collected on the judgment shall be paid to the treasurer of the county, town, city, village, or corporation, or the county comptroller under s. 59.255, except that all jail surcharges imposed under ch. 814 shall be paid to the county treasurer or the county comptroller under s. 59.255.

AB329, s. 364 Section 364. 778.13 of the statutes is amended to read:

AB329,156,14 778.13 Forfeitures collected, to whom paid. All moneys collected in favor of the state for forfeiture, except the portion to be paid to any person who sues with the state, plus costs, fees, and surcharges imposed under ch. 814, shall be paid by the officer who collects the forfeiture, costs, fees, and surcharges to the treasurer of the county, or the comptroller under s. 59.255 of the county, within which the forfeiture was incurred within 20 days after its receipt. In case of any failure in the payment, the county treasurer or the county comptroller under s. 59.255 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 time when it should have been paid.

AB329, s. 365 Section 365. 778.15 of the statutes is amended to read:

AB329,156,24 778.15 Payment to county treasurer or comptroller. On or before the first Monday of February in each year every such town, village and city treasurer shall pay to the treasurer of the county or the county comptroller under s. 59.255 all moneys so collected by him or her accruing to the state, taking a receipt therefor; and at the same time shall file with the county clerk of the county a statement, upon oath, containing the names of the municipal judges of the town, village and city, respectively, the amount of moneys so collected from each, the date of collection, the name of the defendant in each case, the cause of action and date of the summons and judgment.

AB329, s. 366 Section 366. 778.16 of the statutes is amended to read:

AB329,157,8 778.16 Neglect of duty. The treasurer of any town, village or city who neglects or refuses to perform any of the duties required by this chapter shall, upon conviction, be punished by imprisonment in the county jail not less than 3 nor more than 6 months or by fine not less than $50 nor more than $300, or both. The county treasurer or the county comptroller under s. 59.255 shall forthwith bring an action upon the bond of such treasurer, against the treasurer and sureties, for the recovery of any moneys which he or she has neglected or refused to pay over as required by this chapter.

AB329, s. 367 Section 367. 778.17 of the statutes is amended to read:

AB329,157,20 778.17 Statement to county board; payment to state. Every county treasurer or every county comptroller under s. 59.255 shall, on the first day of the annual meeting of the county board, submit to it a verified statement of all moneys received by the county treasurer or the county comptroller under s. 59.255 during the year next preceding from town, village, and city treasurers under this chapter, containing the names of such treasurers, the amount received from each, and the date of receipt. The county clerk shall deduct all expenses incurred by the county in recovering such forfeitures from the aggregate amount so received, and shall immediately certify to the county treasurer or the county comptroller under s. 59.255 the amount of clear proceeds of such forfeitures, so ascertained, who shall pay the same to the secretary of administration.

AB329, s. 368 Section 368. 778.25 (10) of the statutes is amended to read:

AB329,158,6 778.25 (10) An officer collecting moneys for a forfeiture, plus costs, fees, and surcharges imposed under ch. 814, under this section shall pay the same to the appropriate municipal or county treasurer or the county comptroller under s. 59.255 within 20 days after their receipt by the officer, except that all jail surcharges imposed under ch. 814 shall be paid to the county treasurer or the county comptroller under s. 59.255. If the officer fails to make timely payment, the municipal or county treasurer or the county comptroller under s. 59.255 may collect the payment from the officer by an action in the treasurer's or comptroller'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.

AB329, s. 369 Section 369. 778.26 (9) of the statutes is amended to read:

AB329,158,14 778.26 (9) An officer who collects a forfeiture, and costs, fees, and surcharges imposed under ch. 814, under this section shall pay the money to the county treasurer or the county comptroller under s. 59.255 within 20 days after its receipt. If the officer fails to make timely payment, the county treasurer or the county comptroller under s. 59.255 may collect the payment from the officer by an action in the treasurer's or comptroller'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.

AB329, s. 370 Section 370. 782.45 (1) of the statutes is amended to read:

AB329,158,25 782.45 (1) If an inmate of any public institution is brought into court in response to a writ of habeas corpus or subpoena, the institution shall be reimbursed for the time of the officer conducting the inmate and the actual and necessary traveling expenses incurred in taking the inmate into court on the process and returning the inmate to the institution. The superintendent of the institution shall file with the clerk of the court a statement of the expenses. The clerk shall certify the expenses to the county treasurer or the county comptroller under s. 59.255, who shall pay to the superintendent of the institution the amount so certified, but in a civil action, such expenses shall be paid by the party requesting the presence of the inmate.

AB329, s. 371 Section 371. 812.24 (1) of the statutes is amended to read:

AB329,159,4 812.24 (1) Any creditor who violates s. 812.01 (3) or 812.02 (2) shall forfeit not more than $100 which forfeiture shall be paid to the county treasurer or the county comptroller under s. 59.255.

AB329, s. 372 Section 372. 814.60 (1) of the statutes is amended to read:

AB329,159,11 814.60 (1) In a criminal action, the clerk of circuit court shall collect a fee of $163 for all necessary filing, entering, or recording, to be paid by the defendant when judgment is entered against the defendant. Of the fees received by the clerk of circuit court under this subsection, the county treasurer or the county comptroller under s. 59.255 shall pay 93.87 percent to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the county.

AB329, s. 373 Section 373. 814.61 (1) (a) of the statutes is amended to read:

AB329,159,19 814.61 (1) (a) Except as provided under pars. (c), (d), and (e), at the commencement of all civil actions and special proceedings not specified in ss. 814.62 to 814.66, $75. Of the fees received by the clerk under this paragraph, the county treasurer or the county comptroller under s. 59.255 shall pay $45 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration shall credit $15 of the $45 to the appropriation under s. 20.680 (2) (j).

AB329, s. 374 Section 374. 814.61 (1) (b) of the statutes is amended to read:

AB329,159,25 814.61 (1) (b) Except as provided in pars. (c), (d) and (e), in addition to the fee under par. (a), at the commencement of an action affecting the family as defined in s. 767.001 (1), a fee of $20 to be deposited by the county treasurer or the county comptroller under s. 59.255 in a separate account to be used by the county exclusively for the purposes specified in s. 767.405.

AB329, s. 375 Section 375. 814.61 (3) of the statutes is amended to read:

AB329,160,8 814.61 (3) Third-party complaint. When any defendant files a 3rd-party complaint, the defendant shall pay a fee of $45. The defendant shall pay only one such $45 fee in an action. Of the fees received by the clerk under this subsection, the county treasurer or the county comptroller under s. 59.255 shall pay $25 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration shall credit $5 of the $25 to the appropriation under s. 20.680 (2) (j).

AB329, s. 376 Section 376. 814.61 (7) (a) of the statutes is amended to read:

AB329,160,18 814.61 (7) (a) Except as provided in par. (b), upon the filing of any petition under s. 767.59 (1c) (a) or any motion, by either party, for the revision of a judgment or order in an action affecting the family, $30. No fee may be collected under this paragraph for any petition or motion by either party for the revision of a judgment or order involving child support, family support, or maintenance if both parties have stipulated to the revision of the judgment or order. Of the fees received by the clerk under this paragraph, the county treasurer or the county comptroller under s. 59.255 shall pay 50% to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the county.

AB329, s. 377 Section 377. 814.61 (7) (b) of the statutes is amended to read:

AB329,161,3 814.61 (7) (b) Upon the filing of any petition, motion, or order to show cause by either party under s. 767.451 or 767.481, $50. No fee may be collected under this paragraph for filing a petition, motion, or order to show cause for the revision of a judgment or order for legal custody or physical placement if both parties have stipulated to the revision of the judgment or order. Of the fees received by the clerk under this paragraph, the county treasurer or the county comptroller under s. 59.255 shall pay 25% to the secretary of administration for deposit in the general fund, retain 25% for the use of the county, and deposit 50% in a separate account to be used by the county exclusively for the purposes specified in s. 767.405.

AB329, s. 378 Section 378. 814.61 (8) (c) of the statutes is amended to read:

AB329,161,9 814.61 (8) (c) Of the fees received by the clerk under par. (am) 1., the county treasurer or the county comptroller under s. 59.255 shall pay $22.50 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration shall credit $5 of the $22.50 to the appropriation under s. 20.680 (2) (j).

AB329, s. 379 Section 379. 814.61 (8) (d) of the statutes is amended to read:

AB329,161,15 814.61 (8) (d) Of the fees received by the clerk under par. (am) 2., the county treasurer or the county comptroller under s. 59.255 shall pay $30 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The state treasurer shall credit $5 of the $30 to the appropriation under s. 20.680 (2) (j).

AB329, s. 380 Section 380. 814.615 (4) of the statutes is amended to read:

AB329,161,19 814.615 (4) The county treasurer or the county comptroller under s. 59.255 shall deposit fees collected under this section in a separate account for the exclusive purpose of providing mediation services and studies under s. 767.405.

AB329, s. 381 Section 381. 814.62 (1) of the statutes is amended to read:

AB329,162,2 814.62 (1) Garnishment actions. The fee for commencing a garnishment action under ch. 812, including actions under s. 799.01 (1) (d) 2., is $20. Of the fees received by the clerk under this subsection, the county treasurer or the county comptroller under s. 59.255 shall pay $12.50 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration shall credit $5 of the $12.50 to the appropriation under s. 20.680 (2) (j).

AB329, s. 382 Section 382. 814.62 (3) (d) 2. of the statutes is amended to read:

AB329,162,8 814.62 (3) (d) 2. Of the fees received by the clerk under par. (a), the county treasurer or the county comptroller under s. 59.255 shall pay $11.80 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration shall credit the $11.80 to the appropriation under s. 20.680 (2) (j).

AB329, s. 383 Section 383. 814.62 (3) (d) 3. of the statutes is amended to read:

AB329,162,14 814.62 (3) (d) 3. Of the fees received by the clerk under par. (b), the county treasurer or the county comptroller under s. 59.255 shall pay $27.20 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration shall credit $10 of the $27.20 to the appropriation under s. 20.680 (2) (j).

AB329, s. 384 Section 384. 814.63 (5) of the statutes is amended to read:

AB329,162,20 814.63 (5) Of the fees received by the clerk under sub. (1) (b), the county treasurer or the county comptroller under s. 59.255 shall pay $17.50 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration shall credit $5 of the $17.50 to the appropriation under s. 20.680 (2) (j).

AB329, s. 385 Section 385. 814.66 (3) of the statutes is amended to read:

AB329,163,6 814.66 (3) The register in probate shall, on the first Monday of each month, pay into the office of the county treasurer or the county comptroller under s. 59.255 all fees collected by him or her and in his or her hands and still unclaimed as of that day. Each county treasurer or each county comptroller under s. 59.255 shall make a report under oath to the secretary of administration on or before the 5th day of January, April, July, and October of all fees received by him or her under sub. (1) (a) to (f) up to the first day of each of those months and shall at the same time pay 66.67% of the fees to the secretary of administration for deposit in the general fund. Each county treasurer or each county comptroller under s. 59.255 shall retain the balance of fees received by him or her under this section for the use of the county.

AB329, s. 386 Section 386. 814.69 (1) (a) of the statutes is amended to read:

AB329,163,11 814.69 (1) (a) For a transcript under SCR 71.04, a fee at the rate of $1.50 per 25-line page for the original and 50 cents per 25-line page for the duplicate. Except as provided in s. 967.06 (3), the fee shall be paid by the county treasurer or the county comptroller under s. 59.255 upon the certificate of the clerk of court.

AB329, s. 387 Section 387. 814.85 (2) of the statutes is amended to read:

AB329,163,17 814.85 (2) The clerk shall pay the moneys collected under sub. (1) to the county treasurer, or the county comptroller under s. 59.255, under s. 59.40 (2) (m). The county treasurer shall pay those moneys to the secretary of administration under s. 59.25 (3) (p) or the county comptroller shall then pay the secretary of administration as provided in s. 59.255 (3) (p).

AB329, s. 388 Section 388. 814.86 (2) of the statutes is amended to read:

AB329,163,23 814.86 (2) The clerk shall pay the moneys collected under subs. (1) and (1m) to the county treasurer, or the county comptroller under s. 59.255, under s. 59.40 (2) (m). The county treasurer shall pay those moneys to the secretary of administration under s. 59.25 (3) (p) or the county comptroller shall then pay the secretary of administration as provided in s. 59.255 (3) (p).

AB329, s. 389 Section 389. 885.08 of the statutes is amended to read:

AB329,164,11 885.08 State witnesses in criminal cases, how paid. The fees of witnesses on the part of the state in every criminal action or proceeding, and of every person who is committed to jail in default of security for the person's appearance as a witness, shall be paid by the county in which the action or proceeding is had. The clerk of the court upon proof of the witness's or committed person's attendance, travel or confinement shall give each such witness or person a certificate of the number of days' attendance or confinement, the number of miles traveled, and the amount of compensation due the witness or committed person, which certificate shall be receipted for by such witness or person, and the county treasurer or the county comptroller under s. 59.255 shall pay the amount thereof on surrender of the certificate.

AB329, s. 390 Section 390. 891.11 (1) of the statutes is amended to read:

AB329,164,19 891.11 (1) All books and files in the office of any county treasurer, county comptroller under s. 59.255, or county clerk, all assessments and tax rolls and certificates, all notices required to be published or posted by the county treasurer, county comptroller under s. 59.255, or county clerk, and the proofs of publication or posting filed in the office of either any of them, pursuant to any law relating to the assessment or collection of taxes or to lands included in a tax certificate under s. 74.57, shall be received as presumptive evidence of the facts therein stated.

AB329, s. 391 Section 391. 891.11 (2) of the statutes is amended to read:

AB329,164,25 891.11 (2) A transcript of so much of said books, files and records, as relates to the assessment or sale for taxes of any parcel of land in any specified year or years shall be received in evidence with the same effect as the originals and as presumptive evidence of the facts stated in such certificate, when certified in substantially the following form:

AB329,165,6 I hereby certify that the annexed and foregoing is a true and correct transcript of all books, records, papers, files and proceedings of every name and nature on file or of record in my office relating in any wise to the assessment of taxes upon or to the sale for taxes of the following described lands .... situated in the county of ...., state of Wisconsin, for the year (or years) A.D. ...., and of the whole thereof. In testimony whereof I have hereunto set my hand this .... day of ...., A.D. .....

AB329,165,7 County Clerk (or Treasurer, or Comptroller under s. 59.255) of .... County.

AB329, s. 392 Section 392. 938.275 (2) (d) of the statutes is amended to read:

AB329,165,17 938.275 (2) (d) Reimbursement payments shall be made to the clerk of courts of the county where the proceedings took place. Each payment shall be transmitted to the county treasurer or the county comptroller under s. 59.255, who shall deposit 25% of the amount paid for state-provided counsel in the county treasury and transmit the remainder to the secretary of administration. Payments transmitted to the secretary of administration shall be deposited in the general fund and credited to the appropriation account under s. 20.550 (1) (L). The county treasurer or the county comptroller under s. 59.255 shall deposit 100% of the amount paid for county-provided counsel in the county treasury.

AB329, s. 393 Section 393. 938.34 (8d) (b) of the statutes is amended to read:

AB329,165,23 938.34 (8d) (b) The clerk of court shall collect and transmit the amount to the county treasurer, or the county comptroller under s. 59.255, under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2. or the county comptroller under s. 59.255 shall then make payment to the secretary of administration as provided in s. 59.255 (3) (f) 2.

AB329, s. 394 Section 394. 961.41 (5) (b) of the statutes is amended to read:

AB329,166,6 961.41 (5) (b) The clerk of the court shall collect and transmit the amount to the county treasurer, or the county comptroller under s. 59.255, as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration as provided in s. 59.25 (3) (f) 2. or the county comptroller under s. 59.255 shall then make payment to the secretary of administration as provided in s. 59.255 (3) (f) 2.

AB329, s. 395 Section 395. 969.13 (4) of the statutes is amended to read:

AB329,166,20 969.13 (4) Notice of the order of forfeiture under sub. (1) shall be mailed forthwith by the clerk to the defendant and the defendant's sureties at their last addresses. If the defendant does not appear and surrender to the court within 30 days from the date of the forfeiture and within such period the defendant or the defendant's sureties do not satisfy the court that appearance and surrender by the defendant at the time scheduled for the defendant's appearance was impossible and without the defendant's fault, the court shall upon motion of the district attorney enter judgment for the state against the defendant and any surety for the amount of the bail and costs of the court proceeding. Proceeds of the judgment shall be paid to the county treasurer or the county comptroller under s. 59.255. The motion and such notice of motion as the court prescribes may be served on the clerk who shall forthwith mail copies to the defendant and the defendant's sureties at their last addresses.

AB329, s. 396 Section 396. 971.37 (1m) (c) 1. b. of the statutes is amended to read:

AB329,166,24 971.37 (1m) (c) 1. b. The clerk of circuit court shall collect the amount due from the person and transmit it to the county treasurer or the county comptroller under s. 59.255.

AB329, s. 397 Section 397. 973.042 (4) of the statutes is amended to read:

AB329,167,6 973.042 (4) After determining the amount due, the clerk of court shall collect and transmit the amount to the county treasurer, or the county comptroller under s. 59.255, under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2. or the county comptroller under s. 59.255 shall then make payment to the secretary of administration as provided in s. 59.255 (3) (f) 2.

AB329, s. 398 Section 398. 973.043 (2) of the statutes is amended to read:

AB329,167,13 973.043 (2) After determining the amount due, the clerk of court shall collect and transmit the amount to the county treasurer, or the county comptroller under s. 59.255, under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2. or the county comptroller under s. 59.255 shall then make payment to the secretary of administration as provided in s. 59.255 (3) (f) 2.

AB329, s. 399 Section 399. 973.045 (2) of the statutes is amended to read:

AB329,167,20 973.045 (2) After the clerk determines the amount due, the clerk of court shall collect and transmit the amount to the county treasurer, or the county comptroller under s. 59.255, under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2. or the county comptroller under s. 59.255 shall then make payment to the secretary of administration as provided in s. 59.255 (3) (f) 2.

AB329, s. 400 Section 400. 973.046 (2) of the statutes is amended to read:

AB329,168,2 973.046 (2) After the clerk of court determines the amount due, the clerk shall collect and transmit the amount to the county treasurer, or the county comptroller under s. 59.255, under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2. or the county comptroller under s. 59.255 shall then make payment to the secretary of administration as provided in s. 59.255 (3) (f) 2.