Amendment AA2-AB139

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2015 - 2016 LEGISLATURE

ASSEMBLY AMENDMENT 2, TO ASSEMBLY BILL 139

May 7, 2015 - Offered by Committee on Judiciary.

AB139-AA2,1,1 At the locations indicated, amend the bill as follows:

AB139-AA2,1,2 1. Page 1, line 3: before that line insert:

AB139-AA2,1,3 " Section 1g. 814.62 (intro.) of the statutes is amended to read:

AB139-AA2,1,11 814.62 Fees in garnishment, wage earner and small claims actions. (intro.) The clerk of court shall collect the fees provided in this section. Unless a specific exemption is provided, a governmental unit, as defined in s. 108.02 (17), shall pay fees under this section. No fee charged under sub. (3) or (4) to a petitioner seeking to recover on a civil judgment issued pursuant to s. 973.20 (1r) may be collected from that petitioner but shall be collected from the debtor against whom the civil judgment for restitution was entered under s. 973.20 (1r). The clerk shall collect the following fees:

AB139-AA2,1m Section 1m. 814.62 (1) of the statutes is renumbered 814.62 (1) (a) and amended to read:

AB139-AA2,2,6 814.62 (1) (a) The Subject to par. (b), 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 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).

AB139-AA2,1r Section 1r. 814.62 (1) (b) of the statutes is created to read:

AB139-AA2,2,13 814.62 (1) (b) No fee charged under par. (a) to a petitioner seeking to recover on a civil judgment issued pursuant to s. 973.20 (1r) may be collected from that petitioner if the amount of restitution to be recovered under that civil judgment is equal to or less than the amount under s. 799.01 (1) (d), but shall instead be collected from the debtor against whom the civil judgment for restitution was entered under s. 973.20 (1r).".

AB139-AA2,2,14 2. Page 2, line 6: after that line insert:

AB139-AA2,2,16 " Section 2c. 814.85 (1) (c) of the statutes is renumbered 814.85 (1) (c) 1. and amended to read:

AB139-AA2,2,22 814.85 (1) (c) 1. Notwithstanding par. (a), and subject to subd. 2., the clerk of circuit court shall charge and collect a $51 court support services surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.62 (3) (a) or (b), or paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2) if the party paying the fee seeks the recovery of money and the amount claimed is equal to or less than the amount under s. 799.01 (1) (d).

AB139-AA2,2g Section 2g. 814.85 (1) (c) 2. of the statutes is created to read:

AB139-AA2,3,6 814.85 (1) (c) 2. No court support services surcharge charged under subd. 1. or par. (a) to a petitioner seeking to recover on a civil judgment issued pursuant to s. 973.20 (1r) may be collected from that petitioner if the amount of restitution to be recovered under that civil judgment is equal to or less than the amount under s. 799.01 (1) (d), but shall instead be collected from the debtor against whom the civil judgment for restitution was entered under s. 973.20 (1r).

AB139-AA2,2L Section 2L. 814.86 (1) of the statutes is renumbered 814.86 (1) (a) and amended to read:

AB139-AA2,3,15 814.86 (1) (a) Except for an action for a financial responsibility violation under s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), and subject to par. (b), the clerk of circuit court shall charge and collect a $21.50 justice information system surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in addition to the surcharge listed in sub. (1m).

AB139-AA2,2p Section 2p. 814.86 (1) (b) of the statutes is created to read:

AB139-AA2,3,22 814.86 (1) (b) No justice information surcharge charged under par. (a) to a petitioner seeking to recover on a civil judgment issued pursuant to s. 973.20 (1r) may be collected from that petitioner if the amount of restitution to be recovered under that civil judgment is equal to or less than the amount under s. 799.01 (1) (d), but shall instead be collected from the debtor against whom the civil judgment for restitution was entered under s. 973.20 (1r).

AB139-AA2,2t Section 2t. 814.86 (1m) of the statutes is renumbered 814.86 (1m) (a) and amended to read:

AB139-AA2,4,5 814.86 (1m) (a) Beginning on October 1, 1995, and subject to par. (b), whenever the clerk of circuit court for Milwaukee County charges and collects a surcharge under sub. (1), he or she shall also charge and collect a $3.50 special prosecution clerks surcharge. The special prosecution clerks surcharge is in addition to the surcharge listed in sub. (1).

AB139-AA2,2x Section 2x. 814.86 (1m) (b) of the statutes is created to read:

AB139-AA2,4,12 814.86 (1m) (b) No special prosecution clerks surcharge charged under par. (a) to a petitioner seeking to recover on a civil judgment issued pursuant to s. 973.20 (1r) may be collected from that petitioner if the amount of restitution to be recovered under that civil judgment is equal to or less than the amount under s. 799.01 (1) (d), but shall instead be collected from the debtor against whom the civil judgment for restitution was entered under s. 973.20 (1r).".

AB139-AA2,4,13 (End)