2003 Wisconsin Act 139

165.755 (1) (b) A court may not impose the crime laboratories and drug law enforcement assessment surcharge under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), or (br) or (5) (b) or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation or a safety belt use violation under s. 347.48 (2m).

139,100 Section 100. 165.755 (2) of the statutes is amended to read:

165.755 (2) If the court under sub. (1) (a) imposes a sentence or forfeiture for multiple offenses or places a person on probation for multiple offenses, a separate crime laboratories and drug law enforcement assessment surcharge shall be imposed under ch. 814 for each separate offense.

139,101 Section 101. 165.755 (5) of the statutes is amended to read:

165.755 (5) If any deposit of bail is made for a noncriminal offense to which sub. (1) (a) applies, the person making the deposit shall also deposit a sufficient amount to include the assessment prescribed in surcharge under sub. (1) (a) for forfeited bail. If bail is forfeited, the amount of the assessment surcharge under sub. (1) (a) shall be transmitted monthly to the state treasurer under this section. If bail is returned, the assessment surcharge shall also be returned.

139,102 Section 102. 165.755 (6) of the statutes is amended to read:

165.755 (6) If an inmate in a state prison or a person sentenced to a state prison has not paid the crime laboratories and drug law enforcement assessment surcharge under sub. (1) (a), the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the state treasurer.

139,103 Section 103. 165.755 (7) of the statutes is amended to read:

165.755 (7) All moneys collected from crime laboratories and drug law enforcement assessments surcharges under this section shall be deposited by the state treasurer and used as specified in s. 20.455 (2) (kd) and (Lm).

139,104 Section 104. 167.31 (5) of the statutes is amended to read:

167.31 (5) Weapons assessment surcharge. (a) If a court imposes a fine or forfeiture for a violation of this section, the court shall also impose a weapons assessment surcharge under ch. 814 equal to 75% of the amount of the fine or forfeiture.

(b) If a fine or forfeiture is suspended in whole or in part, the weapons assessment surcharge shall be reduced in proportion to the suspension.

(c) If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the weapons assessment surcharge under this subsection. If the deposit is forfeited, the amount of the weapons assessment surcharge shall be transmitted to the state treasurer under par. (d). If the deposit is returned, the amount of the weapons assessment surcharge shall also be returned.

(d) The clerk of the circuit court shall collect and transmit to the county treasurer the weapons assessment surcharge as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit all amounts received under this paragraph in the conservation fund to be appropriated under s. 20.370 (3) (mu).

139,105 Section 105. 169.46 of the statutes is amended to read:

169.46 Natural resources assessments surcharges and restitution payments surcharges . (1) Natural resources assessments surcharges. (a) If a court imposes a fine or forfeiture for a violation of this chapter or a rule promulgated under this chapter, the court shall impose a natural resources assessment surcharge under ch. 814 equal to 75% of the amount of the fine or forfeiture.

(b) If a fine or forfeiture is suspended in whole or in part, the natural resources assessment surcharge shall be reduced in proportion to the suspension.

(c) If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the natural resources assessment prescribed in surcharge under this subsection. If the deposit is forfeited, the amount of the natural resources assessment surcharge shall be transmitted to the state treasurer under par. (d). If the deposit is returned, the natural resources assessment surcharge shall also be returned.

(d) The clerk of the court shall collect and transmit to the county treasurer the natural resources assessment surcharge and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the natural resources assessment surcharge in the conservation fund.

(e) All moneys collected from natural resources assessments surcharges shall be deposited in the conservation fund and credited to the appropriation under s. 20.370 (3) (mu).

(2) Natural resources restitution payments surcharges. (a) If a court imposes a fine or forfeiture for a violation of this chapter for failure to obtain a license required under this chapter, the court shall impose a natural resources restitution payment surcharge under ch. 814 equal to the amount of the fee for the license that was required and should have been obtained.

(b) If a fine or forfeiture is suspended in whole or in part, the natural resources restitution payment surcharge shall be reduced in proportion to the suspension unless the court directs otherwise.

(c) If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the natural resources restitution payment prescribed in surcharge under this subsection. If the deposit is forfeited, the amount of the natural resources restitution payment surcharge shall be transmitted to the state treasurer under par. (d). If the deposit is returned, the natural resources restitution payment surcharge shall also be returned.

(d) The clerk of the court shall collect and transmit to the county treasurer the natural resources restitution payment surcharge and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the natural resources restitution payment surcharge in the conservation fund.

(e) All moneys collected from natural resources restitution payments surcharges shall be deposited in the conservation fund and credited to the appropriation account under s. 20.370 (3) (mu).

139,106 Section 106. 180.0850 (4) of the statutes is amended to read:

180.0850 (4) "Liability" includes the obligation to pay a judgment, settlement, penalty, assessment, forfeiture, or fine, including an excise tax assessed with respect to an employee benefit plan, plus costs, fees, and surcharges imposed under ch. 814, and reasonable expenses.

139,107 Section 107. 181.0871 (4) of the statutes is amended to read:

181.0871 (4) "Liability" includes the obligation to pay a judgment, settlement, penalty, assessment, forfeiture, or fine, including any excise tax assessed with respect to an employee benefit plan, plus costs, fees, and surcharges imposed under ch. 814, and reasonable expenses.

139,108 Section 108. 183.0403 (1) (b) of the statutes is amended to read:

183.0403 (1) (b) "Liabilities" include the obligation to pay a judgment, settlement, penalty, assessment, forfeiture, or fine, including an excise tax assessed with respect to an employee benefit plan, plus costs, fees, and surcharges imposed under ch. 814, and reasonable expenses.

139,109 Section 109. 185.034 (4) of the statutes is amended to read:

185.034 (4) "Liability" includes the obligation to pay a judgment, settlement, penalty, assessment, forfeiture , or fine, including any excise tax assessed with respect to an employee benefit plan, plus costs, fees, and surcharges imposed under ch. 814, and reasonable expenses.

139,110 Section 110. 186.082 (4) of the statutes is amended to read:

186.082 (4) "Liability" includes the obligation to pay a judgment, settlement, penalty, assessment, forfeiture , or fine, including any excise tax assessed with respect to an employee benefit plan, plus costs, fees, and surcharges imposed under ch. 814, and reasonable expenses.

139,111 Section 111. 187.20 (4) of the statutes is amended to read:

187.20 (4) "Liability" includes the obligation to pay a judgment, settlement, penalty, assessment, forfeiture , or fine, including any excise tax assessed with respect to an employee benefit plan, plus costs, fees, and surcharges imposed under ch. 814, and reasonable expenses.

139,112 Section 112. 215.512 (3) of the statutes is amended to read:

215.512 (3) "Liability" includes the obligation to pay a judgment, settlement, penalty, assessment, forfeiture , or fine, including any excise tax assessed with respect to an employee benefit plan, plus costs, fees, and surcharges imposed under ch. 814, and reasonable expenses.

139,113 Section 113. 221.0626 (3) of the statutes is amended to read:

221.0626 (3) "Liability" includes the obligation to pay a judgment, settlement, penalty, assessment, forfeiture, or fine, including an excise tax assessed with respect to an employee benefit plan, plus costs, fees, and surcharges imposed under ch. 814, and reasonable expenses.

139,114 Section 114. 221.0626 (3) of the statutes is amended to read:

221.0626 (3) "Liability" includes the obligation to pay a judgment, settlement, penalty, assessment, forfeiture, or fine, including an excise tax assessed with respect to an employee benefit plan, plus costs, fees, and surcharges imposed under ch. 814, and reasonable expenses.

139,115 Section 115. 253.06 (3) (a) 3. of the statutes is amended to read:

253.06 (3) (a) 3. The vendor does not have any outstanding fines, forfeitures, recoupment assessments or enforcement assessments or recoupments, or costs, fees, and surcharges imposed under ch. 814, that were levied against that vendor for a violation of this section or for a violation of rules promulgated under this section. This subdivision does not apply if the vendor has contested the fine, forfeiture, or recoupment assessment or enforcement assessment, or costs, fees, and surcharges imposed under ch. 814, and has not exhausted administrative or judicial review.

139,116 Section 116. 253.06 (3m) (a) 2. of the statutes is amended to read:

253.06 (3m) (a) 2. The entity does not have any outstanding fines, forfeitures, recoupment assessments or enforcement assessments or recoupments, or costs, fees, and surcharges imposed under ch. 814, that were levied against that entity for a violation of this section or for a violation of rules promulgated under this section. This subdivision does not apply if the entity has contested the fine, forfeiture, or recoupment assessment or enforcement assessment, or costs, fees, and surcharges imposed under ch. 814, and has not exhausted administrative or judicial review.

139,117 Section 117. 253.06 (4) (c) 1. of the statutes is amended to read:

253.06 (4) (c) 1. Whenever a court imposes a fine, forfeiture, or recoupment for a violation of this subsection or imposes a forfeiture or recoupment for a violation of rules promulgated under sub. (5), the court shall also impose an a supplemental food enforcement assessment surcharge under ch. 814 in an amount of 50% of the fine, forfeiture, or recoupment imposed. If multiple offenses are involved, the court shall base the supplemental food enforcement assessment upon surcharge on the total fine, forfeiture, and recoupment amounts for all offenses. When a fine, forfeiture, or recoupment is suspended in whole or in part, the court shall reduce the supplemental food enforcement assessment surcharge in proportion to the suspension.

139,118 Section 118. 299.93 of the statutes is amended to read:

299.93 Environmental assessments surcharge. (1) If a court imposes a fine or forfeiture for a violation of a provision of this chapter or chs. 280 to 285 or 289 to 295 or a rule or order issued under this chapter or chs. 280 to 285 or 289 to 295, the court shall impose an environmental assessment surcharge under ch. 814 equal to 10% of the amount of the fine or forfeiture.

(2) If a fine or forfeiture is suspended in whole or in part, the environmental assessment surcharge shall be reduced in proportion to the suspension.

(3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the environmental assessment prescribed in surcharge under this section. If the deposit is forfeited, the amount of the environmental assessment surcharge shall be transmitted to the state treasurer under sub. (4). If the deposit is returned, the environmental assessment surcharge shall also be returned.

(4) The clerk of the court shall collect and transmit to the county treasurer the environmental assessment surcharge and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the assessment surcharge in the environmental fund.

139,119 Section 119. 302.46 (title) of the statutes is amended to read:

302.46 (title) Jail assessment surcharge.

139,120 Section 120. 302.46 (1) (a) of the statutes is amended to read:

302.46 (1) (a) On or after October 1, 1987, if a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), or (br) or (5) or state laws or municipal or county ordinances involving nonmoving traffic violations or safety belt use violations under s. 347.48 (2m), the court, in addition, shall impose a jail assessment surcharge under ch. 814 in an amount of 1% of the fine or forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the court shall determine the jail assessment surcharge on the basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the jail assessment surcharge in proportion to the suspension.

139,121 Section 121. 302.46 (1) (b) of the statutes is amended to read:

302.46 (1) (b) If a fine or forfeiture is imposed by a court of record, after a determination by the court of the amount due for the jail assessment surcharge, the clerk of the court shall collect and transmit the jail assessment surcharge to the county treasurer as provided in s. 59.40 (2) (n). The county treasurer shall place the amount in the county jail fund as provided in s. 59.25 (3) (g).

139,122 Section 122. 302.46 (1) (c) of the statutes is amended to read:

302.46 (1) (c) If a fine or forfeiture is imposed by a municipal court, after a determination by the court of the amount due for the jail assessment surcharge, the court shall collect and transmit the jail assessment surcharge to the county treasurer under s. 800.10 (2). The county treasurer shall place the amount in the county jail fund as provided in s. 59.25 (3) (g).

139,123 Section 123. 302.46 (1) (d) of the statutes is amended to read:

302.46 (1) (d) If any deposit of bail is made for a noncriminal offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the jail assessment prescribed in surcharge under this section for forfeited bail. If bail is forfeited, the amount of the jail assessment surcharge shall be transmitted to the county treasurer under this section. If bail is returned, the jail assessment surcharge shall also be returned.

139,124 Section 124. 345.20 (2) (f) of the statutes is amended to read:

345.20 (2) (f) Sections 23.50 to 23.85 apply to actions in circuit court to recover forfeitures and weapons assessments surcharges imposed under ch. 814 for violations of s. 167.31 (2) (b), (c), or (d). No points may be assessed against the driving record of a person convicted of a violation of s. 167.31 (2) (b), (c), or (d). The report of conviction shall be forwarded to the department.

139,125 Section 125. 345.26 (1) (b) 1. of the statutes is amended to read:

345.26 (1) (b) 1. If the person makes a deposit for a violation of a traffic regulation, the person need not appear in court at the time fixed in the citation, and the person will be deemed to have tendered a plea of no contest and submitted to a forfeiture and a penalty assessment, if required by s. 757.05, a jail assessment, if required by s. 302.46 (1), a truck driver education assessment, if required by s. 349.04, a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and a crime laboratories and drug law enforcement assessment, if required by s. 165.755, plus any applicable costs, fees prescribed in, and surcharges imposed under ch. 814, not to exceed the amount of the deposit that the court may accept as provided in s. 345.37; and

139,126 Section 126. 345.26 (2) (b) of the statutes is amended to read:

345.26 (2) (b) In addition to the amount in par. (a), the deposit shall include court costs, including any applicable fees prescribed in, and surcharges imposed under ch. 814, any applicable penalty assessment, any applicable jail assessment, any applicable truck driver education assessment, any applicable railroad crossing improvement assessment, and any applicable crime laboratories and drug law enforcement assessment.

139,127 Section 127. 345.36 (2) (b) of the statutes is amended to read:

345.36 (2) (b) Deem the nonappearance a plea of no contest and enter judgment accordingly. If the defendant has posted bond for appearance at that date, the court may also order the bond forfeited. The court shall promptly mail a copy of the judgment to the defendant. The judgment shall allow not less than 20 days from the date thereof for payment of any forfeiture, penalty assessment, jail assessment, railroad crossing improvement assessment, truck driver education assessment, crime laboratories and drug law enforcement assessment, and plus costs, fees, and surcharges imposed under ch. 814. If the defendant moves to open the judgment within 20 days after the date set for trial, and shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise, or excusable neglect, the court shall open the judgment, reinstate the not guilty plea, and set a new trial date. The court may impose costs under s. 814.07. The court shall immediately notify the department to delete the record of conviction based upon the original judgment.

139,128 Section 128. 345.37 (1) (b) of the statutes is amended to read:

345.37 (1) (b) Deem the nonappearance a plea of no contest and enter judgment accordingly. If the defendant has posted bond for appearance at that date, the court may also order the bond forfeited. The court shall promptly mail a copy or notice of the judgment to the defendant. The judgment shall allow not less than 20 days from the date thereof for payment of any forfeiture, penalty assessment, railroad crossing improvement assessment, crime laboratories and drug law enforcement assessment and plus costs, fees, and surcharges imposed under ch. 814. If the defendant moves to open the judgment within 6 months after the court appearance date fixed in the citation, and shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise, or excusable neglect, the court shall open the judgment, accept a not guilty plea, and set a trial date. The court may impose costs under s. 814.07. The court shall immediately notify the department to delete the record of conviction based upon the original judgment. If the offense involved is a nonmoving traffic violation and the defendant is subject to s. 345.28 (5) (c), a default judgment may be entered and opened as provided in s. 345.28 (5) (c).

139,129 Section 129. 345.37 (2) of the statutes is amended to read:

345.37 (2) If the defendant has made a deposit under s. 345.26, the citation may serve as the initial pleading and the defendant shall be deemed to have tendered a plea of no contest and submitted to a forfeiture and a penalty assessment, if required by s. 757.05, a jail assessment, if required by s. 302.46 (1), a truck driver education assessment, if required by s. 349.04, a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and a crime laboratories and drug law enforcement assessment, if required by s. 165.755, plus costs, including any applicable fees prescribed in, and surcharges imposed under ch. 814, not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons under ch. 968. If the defendant fails to appear in response to the summons, the court shall issue a warrant under ch. 968. If the court accepts the plea of no contest, the defendant may move within 6 months after the date set for the appearance to withdraw the plea of no contest, open the judgment, and enter a plea of not guilty upon a showing to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise, or excusable neglect. If on reopening the defendant is found not guilty, the court shall immediately notify the department to delete the record of conviction based on the original proceeding and shall order the defendant's deposit returned.

139,130 Section 130. 345.37 (5) of the statutes is amended to read:

345.37 (5) Within 5 working days after forfeiture of deposit or entry of default judgment, the official receiving the forfeiture, the penalty assessment, if required by s. 757.05, the jail assessment, if required by s. 302.46 (1), the truck driver education assessment, if required by s. 349.04, the railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and the crime laboratories and drug law enforcement assessment, if required by s. 165.755, plus costs, fees, and surcharges imposed under ch. 814, shall forward to the department a certification of the entry of default judgment or a judgment of forfeiture.

139,131 Section 131. 345.375 (2) of the statutes is amended to read:

345.375 (2) Upon default of the defendant corporation or limited liability company or upon conviction, judgment for the amount of the forfeiture, the penalty assessment, if required under s. 757.05, the jail assessment, if required by s. 302.46 (1), the truck driver education assessment, if required by s. 349.04, and the crime laboratories and drug law enforcement assessment, if required under s. 165.755, plus costs, fees, and surcharges imposed under ch. 814, shall be entered.

139,132 Section 132. 345.47 (title) of the statutes is amended to read:

345.47 (title) Judgment of forfeitures, costs, fees, and assessments surcharges.

139,133 Section 133. 345.47 (1) (intro.) of the statutes is amended to read:

345.47 (1) (intro.) If the defendant is found guilty, the court may enter judgment against the defendant for a monetary amount not to exceed the maximum forfeiture, penalty assessment, if required by s. 757.05, the jail assessment, if required by s. 302.46 (1), the truck driver education assessment, if required by s. 349.04, the railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and the crime laboratories and drug law enforcement assessment, if required by s. 165.755, provided for the violation and for, plus costs, fees, and surcharges imposed under s. 345.53 ch. 814, and, in addition, may suspend or revoke his or her operating privilege under s. 343.30. If the judgment is not paid, the court shall order:

139,134 Section 134. 345.47 (1) (b) of the statutes is amended to read:

345.47 (1) (b) In lieu of imprisonment and in addition to any other suspension or revocation, that the defendant's operating privilege be suspended. The operating privilege shall be suspended for 30 days or until the person pays the forfeiture, the penalty assessment, if required by s. 757.05, the jail assessment, if required by s. 302.46 (1), the truck driver education assessment, if required by s. 349.04, the railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and the crime laboratories and drug law enforcement assessment, if required by s. 165.755 plus costs, fees, and surcharges imposed under ch. 814, but not to exceed 2 years. Suspension under this paragraph shall not affect the power of the court to suspend or revoke under s. 343.30 or the power of the secretary to suspend or revoke the operating privilege. This paragraph does not apply if the judgment was entered solely for violation of an ordinance unrelated to the violator's operation of a motor vehicle.

139,135 Section 135. 345.47 (1) (c) of the statutes is amended to read:

345.47 (1) (c) If a court or judge suspends an operating privilege under this section, the court or judge shall immediately take possession of the suspended license and shall forward it to the department together with the notice of suspension, which shall clearly state that the suspension was for failure to pay a forfeiture, a penalty assessment, if required by s. 757.05, a truck driver education assessment, if required by s. 349.04, a jail assessment, if required by s. 302.46 (1), a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and a crime laboratories and drug law enforcement assessment, if required by s. 165.755, plus costs, fees, and surcharges imposed by the court under ch. 814. The notice of suspension and the suspended license, if it is available, shall be forwarded to the department within 48 hours after the order of suspension. If the forfeiture, penalty assessment, jail assessment, truck driver education assessment, railroad crossing improvement assessment, and crime laboratories and drug law enforcement assessment plus costs, fees, and surcharges imposed under ch. 814, are paid during a period of suspension, the court or judge shall immediately notify the department. Upon receipt of the notice and payment of the reinstatement fee under s. 343.21 (1) (j), the department shall return the surrendered license.

139,136 Section 136. 345.47 (2) of the statutes is amended to read: