AB862: Bill Text

LRB-4092/1

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2001 - 2002 LEGISLATURE

2001 Assembly BILL 862

February 26, 2002 - Introduced by Representatives Richards, Carpenter and Huber, cosponsored by Senators Burke and Roessler. Referred to Committee on Judiciary.

AB862,1,5 An Act to renumber and amend 814.60 (1); to amend 814.63 (1) (b); and to create 814.59, 814.60 (1) (b), 814.60 (3), 814.63 (1) (a), 814.63 (6) and 814.75 of the statutes; relating to: collection of fees, fines, forfeitures, assessments, and surcharges by credit or debit card, creating a late fine and forfeiture registry, and creation of a fine or forfeiture collection fee.

Analysis by the Legislative Reference Bureau

Under current law, when a circuit court (court) imposes a fine or forfeiture on a person for the violation of a state law or local ordinance, the person is also required to pay certain assessments, fees, restitution payments, and surcharges, depending on the type of violation involved. For example, in a criminal case, the defendant is required to pay a $20 fee to the court for all necessary filing, entering, or recording done by the court. Currently, the clerk of circuit court (clerk) is required to collect the amount owed and pay that amount to the county treasurer, but the clerk may contract with a collection agency to collect unpaid fines and forfeitures. The collection agency is paid for its services from the proceeds collected. The county treasurer, under current law, may retain 10% of the money received for the state for fines and penalties as fees for receiving those amounts and paying them to the state.

Under this bill, the clerk is required to collect an additional $1 in all criminal and forfeiture actions, to be used by the clerk to fund efforts to collect unpaid assessments, fees, fines, forfeitures, restitution payments, and surcharges. The bill also allows the clerk to accept credit cards and debit cards for the payment of those assessments, fees, fines, forfeitures, restitution payments, and surcharges. Finally, the bill requires the clerk to create a docket that lists the name, last-known address, and amount owed of each person who has not paid a fine, forfeiture, assessment, fee, restitution payment, or surcharge. The clerk must update the docket periodically and make it open to the public.

For further information see the state and 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:

AB862, s. 1 Section 1. 814.59 of the statutes is created to read:

AB862,2,2 814.59 Definitions. In this subchapter:

AB862,2,5 (1) "Credit card" means a card or other similar device existing for the purpose of obtaining money, property, or services on credit under an open-end credit agreement.

AB862,2,8 (2) "Debit card" means a card or other similar device existing for the purpose of obtaining money, property, or services through the use of a depository-institution access device.

AB862,2,16 (3) "Depository-institution access device" means a terminal or other facility or installation, attended or unattended, that is not located at the principal place of business or at a branch or remote facility of a depository institution and through which depository institutions and their customers may engage, by means of either the direct transmission of electronic impulses to and from a depository institution or the recording of electronic impulses or other indicia of a transaction for delayed transmission to a depository institution, in transactions that are incidental to the conduct of the business of a depository institution.

AB862,2,18 (4) "Open-end credit agreement" means an agreement under which credit is extended on an account and under which all of the following are true:

AB862,3,3 (a) The debtor may make purchases or obtain loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide.

AB862,3,4 (b) The debtor has the privilege of paying the balance in full or in installments.

AB862,3,6 (c) The creditor may from time to time assess a charge, computed on any outstanding unpaid balance.

AB862, s. 2 Section 2. 814.60 (1) of the statutes is renumbered 814.60 (1) (a) and amended to read:

AB862,3,14 814.60 (1) (a) In a criminal action, the clerk of circuit court shall collect a fee of $20 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 paragraph, the county treasurer shall pay 50% to the state treasurer for deposit in the general fund and shall retain the balance for the use of the county.

AB862, s. 3 Section 3. 814.60 (1) (b) of the statutes is created to read:

AB862,3,20 814.60 (1) (b) In a criminal action, in addition to the fee collected under par. (a), the clerk of circuit court shall collect a surcharge of $1, to be paid by the defendant when judgment is entered against the defendant. The clerk of circuit court shall use the amount received under this paragraph to fund efforts to collect fines, assessments, fees, restitution payments, and surcharges imposed under this section.

AB862, s. 4 Section 4. 814.60 (3) of the statutes is created to read:

AB862,3,24 814.60 (3) The clerk of circuit court may accept credit cards and debit cards for the payment of the fine and of the assessments, fees, restitution payments, and surcharges imposed under this section.

AB862, s. 5 Section 5. 814.63 (1) (a) of the statutes is created to read:

AB862,4,5 814.63 (1) (a) In all forfeiture actions, the clerk of circuit court shall collect a surcharge of $1, to be paid by the defendant when judgment is entered against the defendant. The clerk of circuit court shall use the amount received under this paragraph to fund efforts to collect the forfeitures, assessments, fees, restitution payments, and surcharges imposed under this section.

AB862, s. 6 Section 6. 814.63 (1) (b) of the statutes is amended to read:

AB862,4,9 814.63 (1) (b) In all forfeiture actions in circuit court, in addition to the surcharge collected under par. (a), the clerk of court shall collect a fee of $25 to be paid by the defendant when judgment is entered against the defendant.

AB862, s. 7 Section 7. 814.63 (6) of the statutes is created to read:

AB862,4,13 814.63 (6) The clerk of circuit court may accept credit cards and debit cards for the payment of the forfeiture and of the assessments, fees, restitution payments, and surcharges imposed under this section.

AB862, s. 8 Section 8. 814.75 of the statutes is created to read:

AB862,4,21 814.75 Docket of persons who have not paid assessments, fees, fines, forfeitures, or surcharges. The clerk of circuit court shall create a docket that lists the name and last-known address of each person who has failed to pay an assessment, fee, fine, forfeiture, restitution payment, or surcharge under ss. 814.60 and 814.63, as well as the amount that the person owed at the time the entry was made. The clerk shall periodically, but not less than annually, update the docket to reflect changes in the amounts owed. The docket shall be open to the public.

AB862, s. 9 Section 9. Initial applicability.

AB862,4,24 (1) This act first applies to assessments, fees, fines, forfeitures, restitution payments, or surcharges imposed on the effective date of this subsection.

AB862, s. 10 Section 10. Effective date.

AB862,5,2 (1) This act takes effect on the first day of the 4th month beginning after publication.

AB862,5,3 (End)