ARG:wlj:rs
2013 - 2014 LEGISLATURE
SENATE AMENDMENT 51,
TO ASSEMBLY BILL 40
June 20, 2013 - Offered by Senator
Carpenter.
AB40-SA51,1,3
3"
Section 516r. 25.40 (1) (a) 27. of the statutes is repealed.".
AB40-SA51,1,5
5"
Section 1905m. 165.755 (1) (b) of the statutes is amended to read:
AB40-SA51,1,106
165.755
(1) (b) A court may not impose the crime laboratories and drug law
7enforcement surcharge under par. (a) for a violation of s. 101.123 (2) or (2m)
, for a
8financial responsibility violation under s. 344.62 (2), or for a violation of a state law
9or municipal or county ordinance involving a nonmoving traffic violation, a violation
10under s. 343.51 (1m) (b), or a safety belt use violation under s. 347.48 (2m).".
AB40-SA51,1,12
12"
Section 2157m. 302.46 (1) (a) of the statutes is amended to read:
AB40-SA51,2,10
1302.46
(1) (a) If a court imposes a fine or forfeiture for a violation of state law
2or for a violation of a municipal or county ordinance except for a violation of s. 101.123
3(2) or (2m),
for a financial responsibility violation under s. 344.62 (2), or for a violation
4of state laws or municipal or county ordinances involving nonmoving traffic
5violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s.
6347.48 (2m), the court, in addition, shall impose a jail surcharge under ch. 814 in an
7amount of 1 percent of the fine or forfeiture imposed or $10, whichever is greater.
8If multiple offenses are involved, the court shall determine the jail surcharge on the
9basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part,
10the court shall reduce the jail surcharge in proportion to the suspension.".
AB40-SA51,2,12
12"
Section 2165e. 344.14 (2) (L) of the statutes is repealed.
AB40-SA51,2165s
14Section 2165s. Subchapter VI of chapter 344 [precedes 344.61] of the statutes
15of the statutes is repealed.".
AB40-SA51,2,17
17"
Section 2272m. 757.05 (1) (a) of the statutes is amended to read:
AB40-SA51,3,318
757.05
(1) (a) Whenever a court imposes a fine or forfeiture for a violation of
19state law or for a violation of a municipal or county ordinance except for a violation
20of s. 101.123 (2) or (2m),
for a financial responsibility violation under s. 344.62 (2), 21or for a violation of state laws or municipal or county ordinances involving
22nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use
23violations under s. 347.48 (2m), there shall be imposed in addition a penalty
24surcharge under ch. 814 in an amount of 26 percent of the fine or forfeiture imposed.
1If multiple offenses are involved, the penalty surcharge shall be based upon the total
2fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or
3in part, the penalty surcharge shall be reduced in proportion to the suspension.".
AB40-SA51,3,5
5"
Section 2285r. 814.63 (1) (c) of the statutes is amended to read:
AB40-SA51,3,96
814.63
(1) (c) This subsection does not apply to an action for a violation of s.
7101.123 (2) or (2m),
for a financial responsibility violation under s. 344.62 (2), for a
8violation under s. 343.51 (1m) (b), or for a safety belt use violation under s. 347.48
9(2m).
AB40-SA51,2285s
10Section 2285s. 814.63 (2) of the statutes is amended to read:
AB40-SA51,3,1711
814.63
(2) Upon the disposition of a forfeiture action in circuit court for
12violation of a county, town, city, village, town sanitary district, or public inland lake
13protection and rehabilitation district ordinance, except for an action
for a financial
14responsibility violation under s. 344.62 (2) or for a violation under s. 343.51 (1m) (b)
15or a safety belt use violation under s. 347.48 (2m), the county, town, city, village, town
16sanitary district, or public inland lake protection and rehabilitation district shall pay
17a nonrefundable fee of $5 to the clerk of circuit court.
AB40-SA51,2285t
18Section 2285t. 814.65 (1) of the statutes is amended to read:
AB40-SA51,4,319
814.65
(1) Court costs. In a municipal court action, except f
or a financial
20responsibility violation under s. 344.62 (2) or for a violation of an ordinance in
21conformity with s. 343.51 (1m) (b) or 347.48 (2m)
, the municipal judge shall collect
22a fee of not less than $15 nor more than $28 on each separate matter, whether it is
23on default of appearance, a plea of guilty or no contest, on issuance of a warrant or
24summons, or the action is tried as a contested matter. Of each fee received by the
1judge under this subsection, the municipal treasurer shall pay monthly $5 to the
2secretary of administration for deposit in the general fund and shall retain the
3balance for the use of the municipality.".
AB40-SA51,4,5
5"
Section 2293r. 814.85 (1) (a) of the statutes is amended to read:
AB40-SA51,4,116
814.85
(1) (a) Except for an action
for a financial responsibility violation under
7s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation
8under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $68 court
9support services surcharge from any person, including any governmental unit as
10defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63
11(1).
AB40-SA51,2293s
12Section 2293s. 814.86 (1) of the statutes is amended to read:
AB40-SA51,4,1913
814.86
(1) Except for an action f
or a financial responsibility violation under s.
14344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation
15under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $21.50 justice
16information system surcharge from any person, including any governmental unit, as
17defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62
18(1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in
19addition to the surcharge listed in sub. (1m).".
