AB348: Bill Text

LRB-1468/2

TNF&DAK:jrd:ks

1995 - 1996 LEGISLATURE

1995 Assembly BILL 348

April 28, 1995 - Introduced by Representatives Carpenter, Boyle, Robson, Bock and Seratti, cosponsored by Senator Burke. Referred to Committee on Government Operations.

AB348,1,11 An Act to amend 59.20 (5) (b), 59.395 (5), 66.119 (1) (b) 7. c., 66.119 (1) (b) 7. d., 66.119 (1) (c), 66.119 (3) (a), 66.119 (3) (b), 66.119 (3) (c), 66.119 (3) (d), 66.12 (1) (b), 345.26 (1) (b) 1., 345.26 (2) (b), 345.36 (2) (b), 345.37 (2), 345.37 (5), 345.375 (2), 345.47 (1) (intro.), 345.47 (1) (b), 345.47 (1) (c), 345.47 (3), 345.49 (1), 345.49 (2), 345.61 (2) (c), 346.655 (1), 778.02, 778.03, 778.06, 778.10, 778.105, 778.13, 778.18, 800.02 (2) (a) 8., 800.02 (3) (a) 5., 800.03 (3), 800.04 (2) (c), 800.09 (1) (intro.), 800.09 (1) (a), 800.09 (2) (b), 800.12 (2), 973.05 (1), 973.05 (2) and 973.07; and to create 20.435 (1) (gt), 146.58 (9), 345.15 and 814.60 (2) (cg) of the statutes; relating to: imposing an emergency medical services surcharge, requiring distribution of funds by the emergency medical services board and making an appropriation.

Analysis by the Legislative Reference Bureau

Under current law, any person convicted of a state or local traffic law violation (except for parking or certain safety belt use violations) must, in addition to any forfeiture or fine imposed, pay a penalty assessment, jail assessment and any applicable fees. This bill requires the person to also pay an emergency medical services surcharge of $5. Under the bill, the emergency medical services board must annually distribute moneys obtained from the imposition of this surcharge, under a funding formula, for ambulance service vehicles or vehicle equipment, emergency medical services supplies or equipment or emergency medical training for personnel.

For further information see the 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:

AB348, s. 1 Section 1. 20.435 (1) (gt) of the statutes is created to read:

AB348,2,6 20.435 (1) (gt) Emergency medical services; aids. All moneys received from the emergency medical services surcharges imposed by s. 345.15 (2), to be used for ambulance service vehicles or vehicle equipment, emergency medical services supplies or equipment or emergency medical training for personnel under s. 146.58 (9).

AB348, s. 2 Section 2. 59.20 (5) (b) of the statutes is amended to read:

AB348,3,7 59.20 (5) (b) For all court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 for the penalty assessment surcharge, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 161.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 (1) for the domestic abuse assessment, the amounts required by s. 345.15 for the emergency medical services surcharge, the amounts required by s. 346.655 (2) (a) and (b) for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 144.992 for the environmental assessment, the amounts required by s. 29.9965 for the wild animal protection assessment, the amounts required by s. 29.997 for the natural resources assessment surcharge, the amounts required by s. 29.9967 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required by s. 29.998 for natural resources restitution payments, transmit to the state treasurer a statement of all moneys required by law to be paid on the actions so entered during the preceding month on or before the first day of the next succeeding month, certified by the treasurer's personal signature affixed or attached thereto, and at the same time pay to the state treasurer the amount thereof.

AB348, s. 3 Section 3. 59.395 (5) of the statutes is amended to read:

AB348,4,5 59.395 (5) Pay monthly to the county treasurer for the use of the state the state's percentage of the fees required to be paid on each civil action, criminal action and special proceeding filed during the preceding month and pay monthly to the county treasurer for the use of the state the percentage of court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 (2) (b) for the penalty assessment surcharge, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 161.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 for the domestic abuse assessment surcharge, the amounts required by s. 345.15 for the emergency medical services surcharge, the amounts required by s. 346.655 for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 144.992 for the environmental assessment, the amounts required under s. 29.9965 for the wild animal protection assessment, the amounts required under s. 29.997 (1) (d) for the natural resources assessment surcharge, the amounts required by s. 29.9967 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required under s. 29.998 (1) (d) for the natural resources restitution payments. The payments shall be made by the 15th day of the month following receipt thereof.

AB348, s. 4 Section 4. 66.119 (1) (b) 7. c. of the statutes is amended to read:

AB348,4,13 66.119 (1) (b) 7. c. That if the alleged violator makes a cash deposit and does not appear in court, he or she either will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment imposed by s. 165.87, a jail assessment imposed by s. 302.46 (1), any applicable emergency medical services surcharge imposed by s. 345.15 (2) and any applicable domestic abuse assessment imposed by s. 973.055 (1) not to exceed the amount of the deposit or will be summoned into court to answer the complaint if the court does not accept the plea of no contest.

AB348, s. 5 Section 5. 66.119 (1) (b) 7. d. of the statutes is amended to read:

AB348,4,22 66.119 (1) (b) 7. d. That if the alleged violator does not make a cash deposit and does not appear in court at the time specified, the court may issue a summons or a warrant for the defendant's arrest or consider the nonappearance to be a plea of no contest and enter judgment under sub. (3) (d), or the municipality may commence an action against the alleged violator to collect the forfeiture, the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1) , any applicable emergency medical services surcharge imposed by s. 345.15 (2) and any applicable domestic abuse assessment imposed by s. 973.055 (1).

AB348, s. 6 Section 6. 66.119 (1) (c) of the statutes is amended to read:

AB348,5,6 66.119 (1) (c) An ordinance adopted under par. (a) shall contain a schedule of cash deposits that are to be required for the various ordinance violations, and for the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), any applicable emergency medical services surcharge imposed by s. 345.15 (2) and any applicable domestic abuse assessment imposed by s. 973.055 (1), for which a citation may be issued. The ordinance shall also specify the court, clerk of court or other official to whom cash deposits are to be made and shall require that receipts be given for cash deposits.

AB348, s. 7 Section 7. 66.119 (3) (a) of the statutes is amended to read:

AB348,5,15 66.119 (3) (a) The person named as the alleged violator in a citation may appear in court at the time specified in the citation or may mail or deliver personally a cash deposit in the amount, within the time and to the court, clerk of court or other official specified in the citation. If a person makes a cash deposit, the person may nevertheless appear in court at the time specified in the citation, provided that the cash deposit may be retained for application against any forfeiture, restitution, penalty assessment, jail assessment, emergency medical services surcharge or domestic abuse assessment that may be imposed.

AB348, s. 8 Section 8. 66.119 (3) (b) of the statutes is amended to read:

AB348,6,2 66.119 (3) (b) If a person appears in court in response to a citation, the citation may be used as the initial pleading, unless the court directs that a formal complaint be made, and the appearance confers personal jurisdiction over the person. The person may plead guilty, no contest or not guilty. If the person pleads guilty or no contest, the court shall accept the plea, enter a judgment of guilty and impose a forfeiture, the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), any applicable emergency medical services surcharge imposed by s. 345.15 (2) and any applicable domestic abuse assessment imposed by s. 973.055 (1). If the court finds that the violation meets the conditions in s. 800.093 (1), the court may order restitution under s. 800.093. A plea of not guilty shall put all matters in the case at issue, and the matter shall be set for trial.

AB348, s. 9 Section 9. 66.119 (3) (c) of the statutes is amended to read:

AB348,7,4 66.119 (3) (c) If the alleged violator makes a cash deposit and fails to appear in court, the citation may serve as the initial pleading and the violator shall be considered to have tendered a plea of no contest and submitted to a forfeiture, the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), any applicable emergency medical services surcharge imposed by s. 345.15 (2) and any applicable domestic abuse assessment imposed by s. 973.055 (1) 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. If the court finds the violation meets the conditions in s. 800.093 (1), the court may summon the alleged violator into court to determine if restitution shall be ordered under s. 800.093. If the court accepts the plea of no contest, the defendant may move within 10 days after the date set for the appearance to withdraw the plea of no contest, open the judgment and enter a plea of not guilty if the defendant shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect. If the plea of no contest is accepted and not subsequently changed to a plea of not guilty, no costs or fees may be taxed against the violator, but a penalty assessment, a jail assessment and, if applicable, an emergency medical services surcharge or a domestic abuse assessment shall be assessed. If the court rejects the plea of no contest, an action for collection of the forfeiture, penalty assessment, jail assessment and any applicable emergency medical services surcharge or domestic abuse assessment may be commenced. A city, village or public inland lake protection and rehabilitation district may commence action under s. 66.12 (1) and a county or town may commence action under s. 778.10. The citation may be used as the complaint in the action for the collection of the forfeiture, penalty assessment, jail assessment and any applicable emergency medical services surcharge or domestic abuse assessment.

AB348, s. 10 Section 10. 66.119 (3) (d) of the statutes is amended to read:

AB348,8,2 66.119 (3) (d) If the alleged violator does not make a cash deposit and fails to appear in court at the time specified in the citation, the court may issue a summons or warrant for the defendant's arrest or consider the nonappearance to be a plea of no contest and enter judgment accordingly if service was completed as provided under par. (e) or the county, town, city, village or public inland lake protection and rehabilitation district may commence an action for collection of the forfeiture, penalty assessment and jail assessment and any applicable emergency medical services surcharge or domestic abuse assessment. A city, village or public inland lake protection and rehabilitation district may commence action under s. 66.12 (1) and a county or town may commence action under s. 778.10. The citation may be used as the complaint in the action for the collection of the forfeiture, penalty assessment and jail assessment and any applicable emergency medical services surcharge or domestic abuse assessment. If the court considers the nonappearance to be a plea of no contest and enters judgment accordingly, the court shall promptly mail a copy or notice of the judgment to the defendant. The judgment shall allow the defendant not less than 20 days from the date of the judgment to pay any forfeiture, penalty assessment and jail assessment and any applicable emergency medical services surcharge or domestic abuse assessment imposed. 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 reopen the judgment, accept a not guilty plea and set a trial date.

AB348, s. 11 Section 11. 66.12 (1) (b) of the statutes is amended to read:

AB348,9,6 66.12 (1) (b) Local ordinances, except as provided in this paragraph or ss. 345.20 to 345.53, may contain a provision for stipulation of guilt or no contest of any or all violations under those ordinances, and may designate the manner in which the stipulation is to be made and fix the penalty to be paid. When a person charged with a violation for which stipulation of guilt or no contest is authorized makes a timely stipulation and pays the required penalty and pays the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), any applicable emergency medical services surcharge imposed by s. 345.15 (2) and any applicable domestic abuse assessment imposed by s. 973.055 (1) to the designated official, the person need not appear in court and no witness fees or other additional costs may be taxed unless the local ordinance so provides. A court appearance is required for a violation of a local ordinance in conformity with s. 346.63 (1). The official receiving the penalties shall remit all moneys collected to the treasurer of the city, village or public inland lake protection and rehabilitation district in whose behalf the sum was paid, except that all jail assessments shall be remitted to the county treasurer, within 20 days after its receipt by him or her; and in case of any failure in the payment, the treasurer 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. In the case of the penalty assessment imposed by s. 165.87, the emergency medical services surcharge imposed by s. 345.15 (2), the driver improvement surcharge imposed by s. 346.655 (1) and any applicable domestic abuse assessment imposed by s. 973.055 (1), the treasurer of the city, village or public inland lake protection and rehabilitation district shall remit to the state treasurer the sum required by law to be paid on the actions so entered during the preceding month on or before the first day of the next succeeding month. The governing body of the city, village or public inland lake protection and rehabilitation district shall by ordinance designate the official to receive the penalties and the terms under which the official shall qualify.

AB348, s. 12 Section 12. 146.58 (9) of the statutes is created to read:

AB348,9,18 146.58 (9) (a) From the appropriation under s. 20.435 (1) (gt), annually distribute funds for ambulance service vehicles or vehicle equipment, emergency medical services supplies or equipment or emergency medical training for personnel to an ambulance service provider that is a public agency, a volunteer fire department or a nonprofit corporation, under a funding formula consisting of an identical base amount for each ambulance service provider plus a supplemental amount based on the population of the ambulance service provider's primary service or contract area, as established under s. 146.50 (5). If a public agency has contracted for ambulance service with an ambulance service provider that operates for profit, the emergency medical services board shall distribute funds under this paragraph to the public agency.

AB348,9,25 (b) Distribute funds under par. (a) only as a supplement to existing, budgeted moneys of or provided to an ambulance service provider. The funds under par. (a) may not be used to replace, decrease or release for alternative purposes the existing, budgeted moneys of or provided to the ambulance service provider. In order to ensure compliance with this paragraph, the emergency medical services board shall require a financial report of expenditures under this subsection from an ambulance service provider and may require a financial report of expenditures under this subsection from an owner or operator of an ambulance service or a public agency, volunteer fire department or a nonprofit corporation with which an ambulance service provider has contracted to provide ambulance services.

AB348, s. 13 Section 13. 345.15 of the statutes is created to read:

AB348,10,5 345.15 (title) Emergency medical services surcharge.

AB348,10,8 (1) All moneys collected from emergency medical services surcharges under this section shall be deposited in s. 20.435 (1) (gt) and utilized in accordance with s. 146.58 (9).

AB348,10,15 (2) (a) Whenever a court imposes a fine or forfeiture for a violation of any state traffic law or ordinance enacted in accordance with s. 349.06, except for a violation of any state or local law involving a nonmoving traffic violation or a safety belt use violation under s. 347.48 (2m), there shall be imposed in addition an emergency medical services surcharge of $5. If multiple offenses are involved, the court shall impose an emergency medical services surcharge upon each fine or forfeiture imposed.

AB348,10,19 (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 such amount to the county treasurer as provided in s. 59.395 (5). The county treasurer shall then make payment to the state treasurer as provided in s. 59.20 (5) (b).

AB348,10,23 (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 such amount to the treasurer of the county, city, town or village, and that treasurer shall make payment to the state treasurer as provided in s. 66.12 (1) (b).

AB348, s. 14 Section 14. 345.26 (1) (b) 1. of the statutes is amended to read:

AB348,11,7 345.26 (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. 165.87, and a jail assessment, if required by s. 302.46 (1), and an emergency medical services surcharge, if required by s. 345.15 (2), plus any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit that the court may accept as provided in s. 345.37; and

AB348, s. 15 Section 15. 345.26 (2) (b) of the statutes is amended to read:

AB348,11,12 345.26 (2) (b) In addition to the amount in par. (a), the deposit shall include court costs, including any applicable fees prescribed in ch. 814, any applicable penalty assessment, any applicable emergency medical services surcharge and any applicable jail assessment.

AB348, s. 16 Section 16. 345.36 (2) (b) of the statutes is amended to read:

AB348,11,25 345.36 (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, emergency medical services surcharge and costs imposed. 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.

AB348, s. 17 Section 17. 345.37 (2) of the statutes is amended to read:

AB348,12,17 345.37 (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. 165.87, and a jail assessment, if required by s. 302.46 (1), and an emergency medical services surcharge, if required by s. 345.15 (2), plus costs, including any applicable fees prescribed in 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.