LRB-3848/1
MES&PJH:jld:jf
2005 - 2006 LEGISLATURE
March 9, 2006 - Introduced by Representatives Zepnick, Kreuser, Gunderson,
Jeskewitz and Sheridan, cosponsored by Senators Carpenter, A. Lasee and
Roessler. Referred to Committee on Urban and Local Affairs.
AB1109,1,3
1An Act to create 66.0629 of the statutes;
relating to: authorizing a political
2subdivision to assess fees for emergency services costs on certain intoxicated
3individuals.
Analysis by the Legislative Reference Bureau
This bill authorizes any city, village, town, or county (political subdivision) to
assess fees against an intoxicated individual who causes an incident that requires
the provision of emergency services. The fees authorized in the bill may be assessed
for emergency services costs incurred by the political subdivision in responding to the
incident. "Emergency services" is defined to include police, fire, ambulance, and
paramedic services. An "intoxicated individual," under the bill, is defined as
someone who, in connection with an incident that requires the provision of
emergency services, is convicted of operating a motor vehicle, including an
all-terrain vehicle, a boat, or a snowmobile, while intoxicated.
The maximum fee for which an intoxicated individual may be held liable, per
incident, is $1,000. If more than one political subdivision assesses a fee on the same
individual for the same incident and if the total of the fees so assessed exceeds $1,000,
each political subdivision may collect from the individual a prorated fee based on the
total fees assessed by all political subdivisions and the fees assessed by each political
subdivision.
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:
AB1109, s. 1
1Section
1. 66.0629 of the statutes is created to read:
AB1109,2,2
266.0629 Emergency services fees. (1) Definitions. In this section:
AB1109,2,53
(a) "Emergency service costs" means costs for personnel or equipment that are
4incurred by a political subdivision to provide emergency services to any of the
5following:
AB1109,2,76
1. An intoxicated individual whose intoxication causes an incident that
7requires the provision of such services.
AB1109,2,108
2. Any other individual who sustains injuries or other damages in an incident
9that is caused by an intoxicated individual whose intoxication causes the incident
10that requires the provision of such services.
AB1109,2,1311
3. Any real or personal property that sustains damage in an incident that is
12caused by an intoxicated individual whose intoxication causes the incident that
13requires the provision of such services.
AB1109,2,1614
(b) "Emergency services" means services provided by a political subdivision's
15law enforcement agency, fire department, ambulance service, paramedic service,
16first responder service, or other rescue service.
AB1109,3,217
(c) "Intoxicated individual" means an individual who, in connection with an
18incident that requires the provision of emergency services to any individual or
19property, commits an offense that is counted under s. 343.307, or violates s. 23.33
20(4c), 360.681, or 350.101 or a local ordinance in conformity therewith, or, if the
1operation of an all-terrain vehicle, boat, or snowmobile is involved, violates s. 940.09
2or 940.25.
AB1109,3,33
(d) "Political subdivision" means any city, village, town, or county.
AB1109,3,5
4(2) Political subdivision may assess fees. (a) A political subdivision may
5assess a fee for emergency service costs against an intoxicated individual.
AB1109,3,86
(b) With regard to an amount that is assessed against an intoxicated individual
7under par. (a), the maximum fee for which the intoxicated individual may be held
8liable, per incident, is $1,000.
AB1109,3,129
(c) If more than one political subdivision assesses a fee on the same intoxicated
10individual for the same incident and if the total amount of the fees assessed exceeds
11$1,000, each political subdivision may collect from the intoxicated individual a
12prorated fee that is calculated under par. (d).
AB1109,3,1713
(d) Each political subdivision shall determine the fee that it is allowed to collect
14under par. (c) by multiplying $1,000 by a fraction, the denominator of which is the
15total of all emergency service costs that are assessed by all political subdivisions for
16the incident in question, and the numerator of which is the emergency service costs
17that are assessed by that particular political subdivision.
AB1109,3,2019
(1) This act first applies to an incident caused by an intoxicated individual that
20takes place on the effective date of this subsection.
