AB1039: Bill Text

AB1039,110,10 757.05 (1) (d) If any deposit of bail is made for a noncriminal offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the surcharge under this subsection for forfeited bail. If bail is forfeited, the amount of the surcharge shall be transmitted monthly to the secretary of administration state treasurer under this subsection. If bail is returned, the surcharge shall also be returned.

AB1039,311 Section 311. 778.135 of the statutes is amended to read:

AB1039,110,18 778.135 Campaign finance, lobbying, and ethics forfeitures; how recovered. Notwithstanding s. 778.13, whenever any action or proposed action by the elections commission under s. 5.05 (1) (c) or the ethics commission under s. 19.49 (1) (b) is settled as a result of agreement between the parties without approval of the court, the moneys accruing to the state on account of such settlement shall be paid to the commission and deposited with the secretary of administration state treasurer.

AB1039,312 Section 312. 778.17 of the statutes is amended to read:

AB1039,111,4 778.17 Statement to county board; payment to state. Every county treasurer shall, on the first day of the annual meeting of the county board, submit to it a verified statement of all moneys received by the county treasurer during the year next preceding from town, village, and city treasurers under this chapter, containing the names of such treasurers, the amount received from each, and the date of receipt. The county clerk shall deduct all expenses incurred by the county in recovering such forfeitures from the aggregate amount so received, and shall immediately certify to the county treasurer the amount of clear proceeds of such forfeitures, so ascertained, who shall pay the same to the secretary of administration state treasurer.

AB1039,313 Section 313. 812.42 (2) (c) of the statutes is amended to read:

AB1039,111,13 812.42 (2) (c) In addition to the $15 garnishee fee, the garnishee shall receive a $3 fee for each payment delivered to the creditor under s. 812.39 after the first payment. That additional fee shall be deducted from the moneys delivered to the creditor. Those fees become part of the funds of the state if the department of administration is the garnishee, or funds of the appropriate governmental subdivision if any other governmental entity is the garnishee. The judgment creditor shall pay the initial garnishee fee to the secretary of administration state treasurer or other governmental subdivision, as applicable.

AB1039,314 Section 314. 813.31 of the statutes is amended to read:

AB1039,111,19 813.31 Absentee insurance fund. (1) In each case of termination of receivership as provided in s. 813.28, the court, except in cases where the proceedings have been certified to the proper court under s. 813.26 (1), shall set aside the sum there named and direct its payment by the receiver, to the secretary of administration state treasurer.

AB1039,111,21 (2) The secretary of administration state treasurer shall retain or invest the funds thus paid in.

AB1039,112,2 (3) If at any time thereafter an absentee whose estate has been distributed under a final finding and judgment made as herein provided shall appear and make claim for reimbursement, the court may in a proceeding by the claimant against the secretary of administration state treasurer order payment to the claimant as in its opinion may be fair and adequate under the circumstances.

AB1039,315 Section 315. 814.60 (1) of the statutes is amended to read:

AB1039,112,9 814.60 (1) In a criminal action, the clerk of circuit court shall collect a fee of $163 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, the county treasurer shall pay 93.87 percent to the secretary of administration state treasurer for deposit in the general fund and shall retain the balance for the use of the county.

AB1039,316 Section 316. 814.61 (1) (a) of the statutes is amended to read:

AB1039,112,17 814.61 (1) (a) Except as provided under pars. (c), (d), and (e), at the commencement of all civil actions and special proceedings not specified in ss. 814.62 to 814.66, $75. Of the fees received by the clerk under this paragraph, the county treasurer shall pay $45 to the secretary of administration state treasurer for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration state treasurer shall credit $15 of the $45 to the appropriation under s. 20.680 (2) (j).

AB1039,317 Section 317. 814.61 (3) of the statutes is amended to read:

AB1039,112,25 814.61 (3) Third-party complaint. When any defendant files a 3rd-party complaint, the defendant shall pay a fee of $45. The defendant shall pay only one such $45 fee in an action. Of the fees received by the clerk under this subsection, the county treasurer shall pay $25 to the secretary of administration state treasurer for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration state treasurer shall credit $5 of the $25 to the appropriation under s. 20.680 (2) (j).

AB1039,318 Section 318. 814.61 (7) (a) of the statutes is amended to read:

AB1039,113,10 814.61 (7) (a) Except as provided in par. (b), upon the filing of any petition under s. 767.59 (1c) (a) or any motion, by either party, for the revision of a judgment or order in an action affecting the family, $30. No fee may be collected under this paragraph for any petition or motion by either party for the revision of a judgment or order involving child support, family support, or maintenance if both parties have stipulated to the revision of the judgment or order. Of the fees received by the clerk under this paragraph, the county treasurer shall pay 50 percent to the secretary of administration state treasurer for deposit in the general fund and shall retain the balance for the use of the county.

AB1039,319 Section 319. 814.61 (7) (b) of the statutes is amended to read:

AB1039,113,20 814.61 (7) (b) Upon the filing of any petition, motion, or order to show cause by either party under s. 767.451 or 767.481, $50. No fee may be collected under this paragraph for filing a petition, motion, or order to show cause for the revision of a judgment or order for legal custody or physical placement if both parties have stipulated to the revision of the judgment or order. Of the fees received by the clerk under this paragraph, the county treasurer shall pay 25 percent to the secretary of administration state treasurer for deposit in the general fund, retain 25 percent for the use of the county, and deposit 50 percent in a separate account to be used by the county exclusively for the purposes specified in s. 767.405.

AB1039,320 Section 320. 814.61 (8) (c) of the statutes is amended to read:

AB1039,114,2 814.61 (8) (c) Of the fees received by the clerk under par. (am) 1., the county treasurer shall pay $22.50 to the secretary of administration state treasurer for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration state treasurer shall credit $5 of the $22.50 to the appropriation under s. 20.680 (2) (j).

AB1039,321 Section 321. 814.61 (8) (d) of the statutes is amended to read:

AB1039,114,7 814.61 (8) (d) Of the fees received by the clerk under par. (am) 2., the county treasurer shall pay $30 to the secretary of administration state treasurer for deposit in the general fund and shall retain the balance for the use of the county. The state treasurer shall credit $5 of the $30 to the appropriation under s. 20.680 (2) (j).

AB1039,322 Section 322. 814.62 (1) of the statutes is amended to read:

AB1039,114,16 814.62 (1) Garnishment actions. The fee for commencing a garnishment action under ch. 812, including actions under s. 799.01 (1) (d) 2., is $20, except that there is no fee for commencing a garnishment action to satisfy an order for victim restitution under s. 973.20 (1r). Of the fees received by the clerk under this subsection, the county treasurer shall pay $12.50 to the secretary of administration state treasurer for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration state treasurer shall credit $5 of the $12.50 to the appropriation under s. 20.680 (2) (j).

AB1039,323 Section 323. 814.62 (3) (d) 2. of the statutes is amended to read:

AB1039,114,22 814.62 (3) (d) 2. Of the fees received by the clerk under par. (a), the county treasurer shall pay $11.80 to the secretary of administration state treasurer for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration state treasurer shall credit the $11.80 to the appropriation under s. 20.680 (2) (j).

AB1039,324 Section 324. 814.62 (3) (d) 3. of the statutes is amended to read:

AB1039,115,3 814.62 (3) (d) 3. Of the fees received by the clerk under par. (b), the county treasurer shall pay $27.20 to the secretary of administration state treasurer for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration state treasurer shall credit $10 of the $27.20 to the appropriation under s. 20.680 (2) (j).

AB1039,325 Section 325. 814.63 (5) of the statutes is amended to read:

AB1039,115,9 814.63 (5) Of the fees received by the clerk under sub. (1) (b), the county treasurer shall pay $17.50 to the secretary of administration state treasurer for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration state treasurer shall credit $5 of the $17.50 to the appropriation under s. 20.680 (2) (j).

AB1039,326 Section 326. 814.65 (1) of the statutes is amended to read:

AB1039,115,19 814.65 (1) Court costs. In a municipal court action, except for a financial responsibility violation under s. 344.62 (2) or for a violation of an ordinance in conformity with s. 343.51 (1m) (b) or 347.48 (2m), the municipal judge shall collect a fee of not less than $15 nor more than $38 on each separate matter, whether it is on default of appearance, a plea of guilty or no contest, on issuance of a warrant or summons, or the action is tried as a contested matter. Of each fee received by the judge under this subsection, the municipal treasurer shall pay monthly $5 to the secretary of administration state treasurer for deposit in the general fund and shall retain the balance for the use of the municipality.

AB1039,327 Section 327. 814.66 (3) of the statutes is amended to read:

AB1039,116,4 814.66 (3) The register in probate shall, on the first Monday of each month, pay into the office of the county treasurer all fees collected by him or her and in his or her hands and still unclaimed as of that day. Each county treasurer shall make a report under oath to the secretary of administration state treasurer on or before the 5th day of January, April, July, and October of all fees received by him or her under sub. (1) (a) to (f) up to the first day of each of those months and shall at the same time pay 66.67 percent of the fees to the secretary of administration state treasurer for deposit in the general fund. Each county treasurer shall retain the balance of fees received by him or her under this section for the use of the county.

AB1039,328 Section 328. 815.18 (3) (o) of the statutes is amended to read:

AB1039,116,6 815.18 (3) (o) Tuition units. Tuition units purchased under s. 16.64 14.63.

AB1039,329 Section 329. 815.18 (3) (p) of the statutes is amended to read:

AB1039,116,9 815.18 (3) (p) College savings accounts. An interest in a college savings account under s. 16.641 14.64.

AB1039,330 Section 330. 863.37 (2) (a) of the statutes is amended to read:

AB1039,116,19 863.37 (2) (a) Whenever payment of a legacy or a distributive share cannot be made to the person entitled to payment or it appears that the person may not receive or have the opportunity to obtain payment, the court may, on petition of a person interested or on its own motion, order that the funds be paid or delivered to the secretary of revenue state treasurer for deposit as provided under s. 177.23. Claims on the funds may be made under s. 863.39 within 10 years after the date of publication under s. 177.18. When a claimant to the funds resides outside the United States or its territories the court may require the personal appearance of the claimant before the court.

AB1039,331 Section 331. 863.39 (1) of the statutes is amended to read:

AB1039,116,25 863.39 (1) Generally. If any legacy or intestate property is not claimed by the distributee within 120 days after entry of final judgment, or within the time designated in the judgment, it shall be converted into money as close to the inventory value as possible and paid to the secretary of revenue state treasurer for deposit as provided under s. 177.23. Claims for the money shall be made under sub. (3).

AB1039,332 Section 332. 863.39 (3) (a) of the statutes is amended to read:

AB1039,117,16 863.39 (3) (a) Within 10 years after the date of publication under s. 177.18, any person claiming any amount deposited under sub. (1) may file in the probate court in which the estate was settled a petition alleging the basis of his or her claim. The court shall order a hearing upon the petition, and 20 days' notice of the hearing and a copy of the petition shall be given by the claimant to the department of revenue and to the attorney general, who may appear for the state at the hearing. If the claim is established it shall be allowed without interest, but including any increment which may have occurred on securities held, and the court shall so certify to the department of administration, which shall audit the claim. The secretary of revenue state treasurer shall pay the claim out of the appropriation under s. 20.566 (4) (j) 20.585 (1) (j). Before issuing the order distributing the estate, the court shall issue an order determining the death tax due, if any. If real property has been adjudged to escheat to the state under s. 852.01 (3) the probate court which made the adjudication may adjudge at any time before title has been transferred from the state that the title shall be transferred to the proper owners under this subsection.

AB1039,333 Section 333. 938.275 (2) (d) of the statutes is amended to read:

AB1039,118,2 938.275 (2) (d) Reimbursement payments shall be made to the clerk of courts of the county where the proceedings took place. Each payment shall be transmitted to the county treasurer, who shall deposit 25 percent of the amount paid for state-provided counsel in the county treasury and transmit the remainder to the secretary of administration state treasurer. Payments transmitted to the secretary of administration state treasurer shall be deposited in the general fund and credited to the appropriation account under s. 20.550 (1) (L). The county treasurer shall deposit 100 percent of the amount paid for county-provided counsel in the county treasury.

AB1039,334 Section 334. 938.34 (8d) (b) of the statutes is amended to read:

AB1039,118,6 938.34 (8d) (b) The clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration state treasurer under s. 59.25 (3) (f) 2.

AB1039,335 Section 335. 938.34 (8d) (c) of the statutes is amended to read:

AB1039,118,12 938.34 (8d) (c) If a juvenile placed in a juvenile correctional facility or a secured residential care center for children and youth fails to pay the surcharge under par. (a), the department of corrections shall assess and collect the amount owed from the juvenile's wages or other moneys. Any amount collected shall be transmitted to the secretary of administration state treasurer.

AB1039,336 Section 336. 961.41 (5) (b) of the statutes is amended to read:

AB1039,118,17 961.41 (5) (b) The clerk of the court shall collect and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration state treasurer as provided in s. 59.25 (3) (f) 2.

AB1039,337 Section 337. 973.042 (4) of the statutes is amended to read:

AB1039,118,22 973.042 (4) After determining the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration state treasurer under s. 59.25 (3) (f) 2.

AB1039,338 Section 338. 973.042 (5) of the statutes is amended to read:

AB1039,118,25 973.042 (5) The secretary of administration state treasurer shall credit the surcharge to the appropriation account under s. 20.455 (5) (gj).

AB1039,339 Section 339. 973.042 (6) of the statutes is amended to read:

AB1039,119,6 973.042 (6) If an inmate in a state prison or a person sentenced to a state prison has not paid the child pornography surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected under this subsection shall be transmitted to the secretary of administration state treasurer.

AB1039,340 Section 340. 973.043 (2) of the statutes is amended to read:

AB1039,119,11 973.043 (2) After determining the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration state treasurer under s. 59.25 (3) (f) 2.

AB1039,341 Section 341. 973.043 (4) of the statutes is amended to read:

AB1039,119,17 973.043 (4) If an inmate in a state prison or a person sentenced to a state prison has not paid the drug offender diversion surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the secretary of administration state treasurer.

AB1039,342 Section 342. 973.045 (2) of the statutes is amended to read:

AB1039,119,25 973.045 (2) After the clerk determines the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration state treasurer under s. 59.25 (3) (f) 2. The secretary of administration state treasurer shall credit to the appropriation account under s. 20.455 (5) (g) the amount paid to the secretary by the county treasurer under this subsection and any amount collected under sub. (4).

AB1039,343 Section 343. 973.045 (4) of the statutes is amended to read:

AB1039,120,6 973.045 (4) If an inmate in a state prison or a person sentenced to a state prison has not paid the crime victim and witness assistance surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the secretary of administration state treasurer.

AB1039,344 Section 344. 973.046 (2) of the statutes is amended to read:

AB1039,120,11 973.046 (2) After the clerk of court determines the amount due, the clerk shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration state treasurer under s. 59.25 (3) (f) 2.

AB1039,345 Section 345. 973.046 (3) of the statutes is amended to read:

AB1039,120,15 973.046 (3) All moneys collected from deoxyribonucleic acid analysis surcharges shall be deposited by the secretary of administration state treasurer as specified in s. 20.455 (2) (Lm) and utilized under s. 165.77.

AB1039,346 Section 346. 973.046 (4) of the statutes is amended to read:

AB1039,120,21 973.046 (4) If an inmate in a state prison or a person sentenced to a state prison has not paid the deoxyribonucleic acid analysis surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the secretary of administration state treasurer.

AB1039,347 Section 347. 973.055 (2) of the statutes is amended to read:

AB1039,121,2 973.055 (2) (a) If the surcharge is imposed by a court of record, after the court determines the amount due, the clerk of the court shall collect and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration state treasurer as provided in s. 59.25 (3) (f) 2.

AB1039,121,6 (b) If the surcharge is imposed by a municipal court, after a determination by the court of the amount due, the court shall collect and transmit the amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment to the secretary of administration state treasurer as provided in s. 66.0114 (1) (bm).

AB1039,348 Section 348. 973.055 (3) of the statutes is amended to read:

AB1039,121,10 973.055 (3) All moneys collected from domestic abuse surcharges shall be deposited by the secretary of administration state treasurer in s. 20.437 (1) (hh) and utilized in accordance with s. 49.165.

AB1039,349 Section 349. 973.057 (2) (a) of the statutes is amended to read:

AB1039,121,16 973.057 (2) (a) If the surcharge is imposed by a court of record, after the court determines the amount due, the clerk of the court shall collect and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration state treasurer as provided in s. 59.25 (3) (f) 2.

AB1039,350 Section 350. 973.057 (2) (b) of the statutes is amended to read:

AB1039,121,22 973.057 (2) (b) If the surcharge is imposed by a municipal court, after a determination by the court of the amount due, the court shall collect and transmit the amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment to the secretary of administration state treasurer as provided in s. 66.0114 (1) (bm).

AB1039,351 Section 351. 973.057 (3) of the statutes is amended to read:

AB1039,122,3 973.057 (3) All moneys collected from global positioning system tracking surcharges shall be deposited by the secretary of administration state treasurer in s. 20.410 (1) (gL) and utilized in accordance with s. 301.49.

AB1039,352 Section 352. 978.12 (5) (c) 1. of the statutes is amended to read:

AB1039,122,11 978.12 (5) (c) 1. The salaries authorized under this section for the district attorney and the state employees of the office of district attorney shall be paid by the secretary of administration state treasurer to the county treasurer pursuant to a voucher submitted by the district attorney to the department of administration. The county treasurer shall pay the amounts directly to the district attorney and state employees of the office of district attorney and the amounts paid shall be subject to the retirement system established under chapter 201, laws of 1937.

AB1039,353 Section 353. 978.13 (1) (b) of the statutes is amended to read: