AB421: Bill Text

LRB-2368/1

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2003 - 2004 LEGISLATURE

2003 Assembly BILL 421

June 24, 2003 - Introduced by Representatives McCormick, Musser, Townsend, Hahn, Kreibich, Seratti, Hines, Huber, Bies, Krawczyk and Van Roy, cosponsored by Senators Welch and Roessler. Referred to Committee on Corrections and the Courts.

AB421,3,2 An Act to renumber 814.634 (2); to renumber and amend 23.51 (4), 102.01 (2) (i), 814.634 (title), 814.634 (1) (a) to (c), 814.634 (1) (d) and 814.635; to amend 13.093 (2) (a), 20.292 (1) (hm), 20.395 (2) (gj), 20.435 (1) (gr), 20.435 (3) (hh), 20.455 (2) (i), 20.475 (1) (i), 20.505 (6) (j) (intro.), 20.505 (6) (kp) (title), 20.505 (6) (kt) (title), 20.530 (1) (ja), 20.566 (1) (h), 20.680 (2) (j), 23.50 (1), 23.50 (2), 23.50 (3), 23.51 (3c), 23.51 (3g), 23.51 (3m), 23.51 (5), 23.51 (6), 23.51 (6m), 23.51 (8), 23.51 (9), 23.51 (10), 23.53 (1), 23.54 (3) (e), 23.54 (3) (i), 23.54 (3) (j), 23.55 (1) (b), 23.56 (2), 23.66 (2), 23.66 (4), 23.67 (2), 23.67 (3), 23.75 (3) (a) 2., 23.75 (3) (b), 23.75 (3) (c), 23.79 (1), 23.79 (2), 23.80 (2), 23.83 (2), 23.84, 23.85, 25.40 (1) (ij), 25.46 (13m), 29.961 (1) (c), 29.964 (3), 29.971 (1g), 29.971 (2) (c), 29.983 (title), 29.983 (1) (a), 29.983 (1) (b) (intro.), 29.983 (1) (d), 29.983 (1) (e), 29.983 (1) (f), 29.983 (2) (title), 29.985, 29.987, 29.989, 48.37, 59.25 (3) (f) 1., 59.25 (3) (f) 2., 59.25 (3) (j), 59.25 (3) (k), 59.40 (2) (m), 66.0113 (1) (b) 7. c., 66.0113 (1) (b) 7. d., 66.0113 (1) (c), 66.0113 (3) (a), 66.0113 (3) (b), 66.0113 (3) (c), 66.0113 (3) (d), 66.0114 (1) (b), 66.0114 (1) (bm), 100.261 (title), 100.261 (1), 100.261 (2), 100.261 (3) (a), 100.261 (3) (b), 102.80 (1) (b), 102.85 (4), 102.85 (5) (a), 102.87 (2) (e), 102.87 (2) (g), 102.87 (2) (h), 102.87 (3), 102.87 (5), 102.87 (6), 102.87 (7) (b), 102.87 (7) (c), 102.87 (9), 148.04 (3), 165.755 (title), 165.755 (1) (a), 165.755 (1) (b), 165.755 (2), 165.755 (5), 165.755 (6), 165.755 (7), 167.31 (5), 169.46, 180.0850 (4), 181.0871 (4), 183.0403 (1) (b), 185.034 (4), 186.082 (4), 187.20 (4), 215.512 (3), 221.0626 (3), 221.0626 (3), 253.06 (3) (a) 3., 253.06 (3m) (a) 2., 253.06 (4) (c) 1., 299.93, 302.46 (title), 302.46 (1) (a), 302.46 (1) (b), 302.46 (1) (c), 302.46 (1) (d), 345.20 (2) (f), 345.26 (1) (b) 1., 345.26 (2) (b), 345.36 (2) (b), 345.37 (1) (b), 345.37 (2), 345.37 (5), 345.375 (2), 345.47 (title), 345.47 (1) (intro.), 345.47 (1) (b), 345.47 (1) (c), 345.47 (2), 345.47 (3), 345.49 (title), 345.49 (1), 345.49 (2), 345.61 (2) (c), 346.177, 346.495, 346.65 (4r), 346.655 (1), 349.04 (title), 349.04 (1), 349.04 (2), 349.04 (3), 349.04 (4), 350.115, 447.15 (4), 753.40, 757.05 (title), 757.05 (1) (a), 757.05 (1) (d), 757.05 (2) (title), 757.05 (2) (a), 757.05 (2) (b), 758.19 (6) (c) 1. a., 778.02, 778.03, 778.06, 778.10, 778.105, 778.13, 778.18, 778.25 (2) (g), 778.25 (3), 778.25 (5), 778.25 (8) (b), 778.25 (10), 778.26 (2) (e), 778.26 (2) (g), 778.26 (2) (h), 778.26 (3), 778.26 (4), 778.26 (5), 778.26 (6), 778.26 (7) (b), 778.26 (7) (c), 778.26 (9), 778.30 (1) (b), 800.02 (2) (a) 8., 800.02 (3) (a) 5., 800.03 (3), 800.04 (2) (b), 800.04 (2) (c), 800.09 (1) (intro.), 800.09 (1) (a), 800.09 (2) (b), 800.10 (2), 800.12 (2), chapter 814 (title), 938.237 (2), 938.37 (1), 938.37 (3), 961.41 (5) (a), 971.37 (1m) (c) 1. (intro.), 971.37 (1m) (c) 1. a., 973.05 (1), 973.05 (2), 973.05 (3) (a), 973.05 (4), 973.055 (1) (intro.), 973.055 (2) (a), 973.055 (2) (b), 973.055 (3), 973.055 (4), 973.06 (title), 973.06 (1) (intro.), 973.06 (1) (f) 1. (intro.), 973.06 (1) (f) 2., 973.07, 973.09 (1x), 973.20 (11) (a), 973.20 (12) (a) and 973.20 (12) (b); to repeal and recreate 814.60 (2) and 814.63 (3); and to create 14.58 (22) and subchapter III of chapter 814 [precedes 814.75] of the statutes; relating to: assessments, costs, fees, and surcharges.

Analysis by the Legislative Reference Bureau

Under current law, circuit courts may impose a fine or forfeiture and municipal courts may impose a forfeiture for a violation of law. Generally, forfeitures collected by municipal courts are paid to the municipality and forfeitures or fines collected by circuit courts are paid to the state. In addition to fines and forfeitures, a court currently may impose a variety of assessments, surcharges, and restitution payments, as well as court costs and fees. The money collected from these assessments, surcharges, restitution payments, costs, and fees funds various local and state programs.

This bill consolidates all of the assessments, surcharges, and restitution payments into the chapter of the statutes that requires the courts to impose costs and fees and clarifies which assessments, surcharges, and restitution payments apply to which type of violation. The bill changes the name of all of these assessments, surcharges, and restitution payments to surcharges.

The bill requires the state treasurer to report annually to the legislature the amount of money that the courts collect as costs, fees, fines, forfeitures, and surcharges and requires the director of state courts to prepare a fiscal estimate on any bill that modifies or creates a surcharge.

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:

AB421, s. 1 Section 1. 13.093 (2) (a) of the statutes is amended to read:

AB421,4,15 13.093 (2) (a) Any bill making an appropriation and, any bill increasing or decreasing existing appropriations or state or general local government fiscal liability or revenues, and any bill that modifies an existing surcharge or creates a new surcharge that is imposed under ch. 814, shall, before any vote is taken thereon by either house of the legislature if the bill is not referred to a standing committee, or before any public hearing is held before any standing committee or, if no public hearing is held, before any vote is taken by the committee, incorporate a reliable estimate of the anticipated change in appropriation authority or state or general local government fiscal liability or revenues under the bill, including to the extent possible a projection of such changes in future biennia. For purposes of this paragraph, a bill increasing or decreasing the liability or revenues of the unemployment reserve fund is considered to increase or decrease state fiscal liability or revenues. Except as otherwise provided by joint rules of the legislature or this paragraph, such estimates shall be made by the department or agency administering the appropriation or fund or collecting the revenue. The joint survey committee on retirement systems shall prepare the fiscal estimate with respect to the provisions of any bill referred to it which create or modify any system for, or make any provision for, the retirement of or payment of pensions to public officers or employees. The director of state courts shall prepare the fiscal estimate with respect to the provisions of any bill that modifies an existing surcharge or creates a new surcharge that is imposed under ch. 814. When a fiscal estimate is prepared after the bill has been introduced, it shall be printed and distributed as are amendments.

AB421, s. 2 Section 2. 14.58 (22) of the statutes is created to read:

AB421,4,19 14.58 (22) Report fees and surcharges. Report annually to the legislature the amount of money collected by municipal and circuit courts as costs, fees, fines, forfeitures, and surcharges imposed under ch. 814.

AB421, s. 3 Section 3. 20.292 (1) (hm) of the statutes is amended to read:

AB421,4,23 20.292 (1) (hm) Truck driver training. All moneys received from truck driver education assessments surcharges under s. 349.04 to award grants for truck driver training under s. 38.04 (31).

AB421, s. 4 Section 4. 20.395 (2) (gj) of the statutes is amended to read:

AB421,5,4 20.395 (2) (gj) Railroad crossing protection installation and maintenance, state funds. All moneys received from railroad crossing improvement assessments required surcharges under ss. 346.177, 346.495 , and 346.65 (4r), for the purpose of railroad crossing protection installation and maintenance under s. 195.28 (2) and (3).

AB421, s. 5 Section 5. 20.435 (1) (gr) of the statutes is amended to read:

AB421,5,11 20.435 (1) (gr) Supplemental food program for women, infants, and children administration. All moneys received from the supplemental food enforcement assessments surcharges on fines, forfeitures, and recoupments that are levied by a court under s. 253.06 (4) (c) and on forfeitures and recoupments that are levied by the department under s. 253.06 (5) (c) to finance fraud reduction in the supplemental food program for women, infants, and children under s. 253.06.

AB421, s. 6 Section 6. 20.435 (3) (hh) of the statutes is amended to read:

AB421,5,16 20.435 (3) (hh) Domestic abuse assessment surcharge grants. All moneys received from the domestic abuse assessment surcharge on court fines, as authorized under s. 971.37 (1m) (c) 1. or 973.055, to provide grants to domestic abuse services organizations under s. 46.95.

AB421, s. 7 Section 7. 20.455 (2) (i) of the statutes is amended to read:

AB421,5,24 20.455 (2) (i) Penalty assessment surcharge, receipts. The amounts in the schedule for the purposes of s. 165.85 (5) (b) and for crime laboratory equipment. All moneys received from the penalty assessment surcharge on court fines and forfeitures as allocated to this appropriation account under s. 757.05 (2) (a) shall be credited to this appropriation account. Moneys may be transferred from this paragraph to pars. (j), (ja), and (jb) by the secretary of administration for expenditures based upon determinations by the department of justice.

AB421, s. 8 Section 8. 20.475 (1) (i) of the statutes is amended to read:

AB421,6,6 20.475 (1) (i) Other employees. The amounts in the schedule to reimburse Milwaukee County for the costs of clerks necessary for the prosecution of violent crime cases under s. 978.13 (1) (c) and clerks providing clerical services under s. 978.13 (1) (b) to prosecutors handling cases involving felony violations under ch. 961. All moneys received under s. 814.635 814.86 (1m) shall be credited to this appropriation account.

AB421, s. 9 Section 9. 20.505 (6) (j) (intro.) of the statutes is amended to read:

AB421,6,12 20.505 (6) (j) Penalty assessment surcharge receipts. (intro.) All moneys received from the penalty assessment surcharge under s. 757.05 (2) (b) on court fines and forfeitures and all moneys transferred under 2001 Wisconsin Act 16, sections 9201 (6c) (a), (b), and (c), 9211 (2c), and 9240 (1c), for the purpose of transferring the following amounts to the following appropriation accounts:

AB421, s. 10 Section 10. 20.505 (6) (kp) (title) of the statutes is amended to read:

AB421,6,15 20.505 (6) (kp) (title) Anti-drug enforcement program, penalty assessment surcharge — local.

AB421, s. 11 Section 11. 20.505 (6) (kt) (title) of the statutes is amended to read:

AB421,6,18 20.505 (6) (kt) (title) Anti-drug enforcement program, penalty assessment surcharge — state.

AB421, s. 12 Section 12. 20.530 (1) (ja) of the statutes is amended to read:

AB421,6,23 20.530 (1) (ja) Justice information systems. The amounts in the schedule for the development and operation of automated justice information systems under s. 22.03 (9). Two-ninths of the moneys received under s. 814.635 814.86 (1) shall be credited to this appropriation account.

AB421, s. 13 Section 13. 20.566 (1) (h) of the statutes is amended to read:

AB421,7,10 20.566 (1) (h) Debt collection. From moneys received from the collection of debts owed to state agencies under ss. 71.93 and 565.30 (5), from the collection of unpaid fines, forfeitures, costs, assessments fees, surcharges, and restitution payments under s. 565.30 (5r) (b), from the collection of fees under s. 73.03 (52), and from moneys received from the collection of debts owed to municipalities and counties under s. 71.935, the amounts in the schedule to pay the administrative expenses of the department of revenue for the collection of those debts, fines, forfeitures, costs, assessments, surcharges, fees, and restitution payments. Notwithstanding s. 20.001 (3) (a), at the end of the fiscal year the unencumbered balance of this appropriation account lapses to the general fund.

AB421, s. 14 Section 14. 20.680 (2) (j) of the statutes is amended to read:

AB421,7,16 20.680 (2) (j) Court information systems. All moneys received under ss. 814.61, 814.62, and 814.63 that are required to be credited to this appropriation account under those sections and six-ninths of the moneys received under s. 814.635 814.86 (1) for the operation of circuit court automated information systems under s. 758.19 (4).

AB421, s. 15 Section 15. 23.50 (1) of the statutes is amended to read:

AB421,8,6 23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit court to recover forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments plus costs, fees, and surcharges imposed under ch. 814, for violations of ss. 77.09, 90.21, 134.60, 167.10 (3), 167.31 (2), 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c), and (4), 287.07, 287.08, 287.81, and 299.64 (2), subch. VI of ch. 77, this chapter, and chs. 26 to 31, ch. 169, and ch. 350, and any administrative rules promulgated thereunder, violations specified under s. 285.86, violations of ch. 951 if the animal involved is a captive wild animal, violations of rules of the Kickapoo reserve management board under s. 41.41 (7) (k), or violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.

AB421, s. 16 Section 16. 23.50 (2) of the statutes is amended to read:

AB421,8,16 23.50 (2) All actions to recover these forfeitures , penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments and costs, fees, and surcharges imposed under ch. 814 are civil actions in the name of the state of Wisconsin, shall be heard in the circuit court for the county where the offense occurred, and shall be recovered under the procedure set forth in ss. 23.50 to 23.85.

AB421, s. 17 Section 17. 23.50 (3) of the statutes is amended to read:

AB421,8,25 23.50 (3) All actions in municipal court to recover forfeitures, penalty assessments and jail assessments plus costs, fees, and surcharges imposed under ch. 814, for violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77 shall utilize the procedure in ch. 800. The actions shall be brought before the municipal court having jurisdiction. Provisions relating to citations, arrests, questioning, releases, searches, deposits, and stipulations of no contest in ss. 23.51 (1m), (3), and (8), 23.53, 23.54, 23.56 to 23.64, 23.66, and 23.67 shall apply to violations of such ordinances.

AB421, s. 18 Section 18. 23.51 (3c) of the statutes is amended to read:

AB421,9,3 23.51 (3c) "Environmental assessment surcharge" means the assessment imposed surcharge under s. 299.93.