Amendment ASA1-AB524

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2009 - 2010 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2009 ASSEMBLY BILL 524

January 8, 2010 - Offered by Representative Hebl.

AB524-ASA1,1,7 An Act to renumber 799.02 (3) (a), (b), (c), (d) and (e); to renumber and amend 799.02 (1) and 799.02 (3) (intro.); to amend 16.007 (6) (a), 799.01 (1) (d) (intro.), 799.25 (1), 812.04 (1), 812.35 (2), 814.62 (3) (a), 814.62 (3) (b), 814.62 (3) (d) 2., 814.62 (3) (e), 814.85 (1) (c), 814.86 (1) and 814.86 (1); and to create 799.01 (1m), 799.02 (1) (b), 799.02 (3) (bc), 799.06 (4), 799.08, 799.23 and 814.62 (5) of the statutes; relating to: the jurisdictional amount and court fees in certain small claims actions.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB524-ASA1, s. 1 Section 1 . 16.007 (6) (a) of the statutes is amended to read:

AB524-ASA1,2,3 16.007 (6) (a) Except as provided in par. (b), whenever the claims board by unanimous vote finds that payment to a claimant of not more than the amount specified in s. 799.01 (1m) (b) is justified, it may order the amount that it finds justified to be paid on its own motion without submission of the claim in bill form to the legislature. The claim shall be paid on a voucher upon the certification of the chairperson and secretary of the board, and shall be charged as provided in sub. (6m).

AB524-ASA1, s. 2 Section 2. 799.01 (1) (d) (intro.) of the statutes is amended to read:

AB524-ASA1,2,7 799.01 (1) (d) Other civil actions. (intro.) Other civil actions where the amount claimed is $5,000 or less than the amounts specified in sub. (1m), if the actions or proceedings are:

AB524-ASA1, s. 3 Section 3. 799.01 (1m) of the statutes is created to read:

AB524-ASA1,2,10 799.01 (1m) (a) If the plaintiff has commenced 20 or fewer actions under sub. (1) (d) within the previous 365 days, the amount claimed may not exceed $8,000.

AB524-ASA1,2,12 (b) If the plaintiff has commenced 21 or more actions under sub. (1) (d) within the previous 365 days, the amount claimed may not exceed $5,000.

AB524-ASA1, s. 4 Section 4. 799.02 (1) of the statutes is renumbered 799.02 (1) (a) and amended to read:

AB524-ASA1,2,22 799.02 (1) (a) If Except as provided in par. (b), if a counterclaim or cross complaint is filed, which arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim and which is beyond the limitations of s. 799.01, the person filing the same shall pay the fee prescribed in s. 814.62 (3) (b), and the entire matter shall be tried under chs. 801 to 847 procedure, except that the counterclaim or cross complaint shall be deemed denied and a responsive pleading thereto is not required unless ordered by the court and the requirements for appearance by the parties shall be governed by s. 799.06 (2).

AB524-ASA1, s. 5 Section 5. 799.02 (1) (b) of the statutes is created to read:

AB524-ASA1,3,7 799.02 (1) (b) If a counterclaim or cross complaint is filed in an action under s. 799.01 (1) (d), which arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim, and the counterclaim or cross complaint is for more than $5,000 but not more than $8,000, the person filing the counterclaim or cross complaint may elect to pay the fee prescribed in s. 814.62 (3) (b), and the entire matter shall be tried under chs. 801 to 847 procedure, except that the counterclaim or cross complaint shall be deemed denied and a responsive pleading is not required unless ordered by the court and the requirements for appearance by the parties shall be governed by s. 799.06 (2).

AB524-ASA1, s. 6 Section 6. 799.02 (3) (intro.) of the statutes is renumbered 799.02 (3) (am) (intro.) and amended to read:

AB524-ASA1,3,15 799.02 (3) (am) (intro.) If Except as provided in par (bc), if a counterclaim or cross complaint is filed that is beyond the limitations of s. 799.01, the person filing the counterclaim or cross complaint shall mail a notice to the plaintiff or the plaintiff's attorney, if any, at the address listed on the summons. The notice shall be mailed on the same day the counterclaim or cross complaint is filed and shall inform the plaintiff of all of the following:

AB524-ASA1, s. 7 Section 7. 799.02 (3) (a), (b), (c), (d) and (e) of the statutes are renumbered 799.02 (3) (am) 1., 2., 3., 4. and 5.

AB524-ASA1, s. 8 Section 8. 799.02 (3) (bc) of the statutes is created to read:

AB524-ASA1,4,2 799.02 (3) (bc) If a counterclaim or cross complaint is filed in an action under s. 799.01 (1) (d), the counterclaim or cross complaint is for more than $5,000 but not more than $8,000, and the person filing the counterclaim or cross complaint elected to pay the fee prescribed in s. 814.62 (3) (b), the person filing the counterclaim or cross complaint shall mail a notice to the plaintiff or the plaintiff's attorney, if any, at the address listed on the summons. The notice shall be mailed on the same day the counterclaim or cross complaint is filed and shall inform the plaintiff of the information specified in par. (am) 1. to 5.

AB524-ASA1, s. 9 Section 9. 799.06 (4) of the statutes is created to read:

AB524-ASA1,4,9 799.06 (4) The complaint in an action under s. 799.01 (1) (d) shall contain a statement to the defendant that specifies that the plaintiff has commenced 20 or fewer actions, or more than 20 actions, under s. 799.01 (1) (d) within the previous 365 days and that states that if that statement is not true, the court will dismiss the action against the defendant with prejudice and the defendant may be entitled to recovery under s. 799.23.

AB524-ASA1, s. 10 Section 10. 799.08 of the statutes is created to read:

AB524-ASA1,4,14 799.08 Affidavit of actions commenced. At the time of commencing an action under s. 799.01 (1) (d), the plaintiff shall submit a signed affidavit to the clerk of circuit court specifying that the plaintiff has commenced 20 or fewer actions, or more than 20 actions, under s. 799.01 (1) (d) within the previous 365 days.

AB524-ASA1, s. 11 Section 11. 799.23 of the statutes is created to read:

AB524-ASA1,4,21 799.23 Misrepresentation of small claims actions commenced; dismissal and damages. If a party proves by the preponderance of credible evidence that the affidavit submitted by the plaintiff under s. 799.08 is not true or that the statement made by the plaintiff under s. 799.06 (4) is not true, the court shall dismiss the action with prejudice and order the plaintiff to pay the party damages in the amount of $250 and reasonable attorney fees.

AB524-ASA1, s. 12 Section 12. 799.25 (1) of the statutes is amended to read:

AB524-ASA1,4,23 799.25 (1) Filing fee. The fee prescribed in s. 814.62 (3) (a) or (5), if paid.

AB524-ASA1, s. 13 Section 13. 812.04 (1) of the statutes is amended to read:

AB524-ASA1,5,4 812.04 (1) Upon payment to the clerk of court of the fee prescribed in s. 814.62 (1) or (5), the clerk shall issue a garnishee summons together with sufficient copies to the plaintiff or his or her attorney; the summons form may be in blank, but must carry the court seal.

AB524-ASA1, s. 14 Section 14. 812.35 (2) of the statutes is amended to read:

AB524-ASA1,5,13 812.35 (2) Upon receipt of the notice under sub. (1) and payment of the fee under s. 814.62 (1) or (5), the clerk of courts shall issue 2 earnings garnishment forms under s. 812.44 (3) for each garnishee. Blank earnings garnishment forms may be issued, but they shall carry the court seal. A circuit court may permit, by rule, the clerk to issue earnings garnishment forms after payment of the fee but before the filing of the notice under sub. (1). That circuit court rule shall require the notice to be filed with the court at a later time, but no later than 5 business days after the date the garnishee is served under sub. (3).

AB524-ASA1, s. 15 Section 15. 814.62 (3) (a) of the statutes is amended to read:

AB524-ASA1,5,17 814.62 (3) (a) In a small claims action under ch. 799, at the time of issuance of a summons or other process in a proceeding not commenced by a summons, the plaintiff shall pay to the clerk of court a fee of $22, except as provided in sub. (5).

AB524-ASA1, s. 16 Section 16. 814.62 (3) (b) of the statutes is amended to read:

AB524-ASA1,5,21 814.62 (3) (b) If a counterclaim or cross complaint is filed under s. 799.02 (1), the person filing the same shall pay a fee equal to the difference between the fee under s. 814.61 (1) (a) and the fee paid by the plaintiff under par. (a) this section.

AB524-ASA1, s. 17 Section 17. 814.62 (3) (d) 2. of the statutes is amended to read:

AB524-ASA1,6,2 814.62 (3) (d) 2. Of the fees received by the clerk under par. (a) and sub. (5), the county treasurer shall pay $11.80 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration shall credit the $11.80 to the appropriation under s. 20.680 (2) (j).

AB524-ASA1, s. 18 Section 18. 814.62 (3) (e) of the statutes is amended to read:

AB524-ASA1,6,7 814.62 (3) (e) If any party files a demand for a jury trial in any action under ch. 799, the party demanding the jury trial shall pay a fee equal to the difference between the fee under s. 814.61 (1) (a) and the fee paid by the plaintiff under par. (a) this section, in addition to the fee under s. 814.61 (4).

AB524-ASA1, s. 19 Section 19. 814.62 (5) of the statutes is created to read:

AB524-ASA1,6,12 814.62 (5) Fees for certain small claims actions. (a) Except as provided in par. (c), if the plaintiff has commenced 20 or fewer actions under s. 799.01 (1) (d) within the previous 365 days, the fee for commencing an action under s. 799.01 (1) (d) shall be equal to 150 percent of the dollar amount specified under sub. (3) (a).

AB524-ASA1,6,15 (b) If the plaintiff has commenced 21 or more actions under s. 799.01 (1) (d) within the previous 365 days, the fee for commencing an action under s. 799.01 (1) (d) shall be equal to 200 percent of the dollar amount specified under sub. (3) (a).

AB524-ASA1,6,19 (c) If the plaintiff has commenced 20 or fewer actions under s. 799.01 (1) (d) within the previous 365 days, and the amount claimed is less than $2,000, the fee for commencing an action under s. 799.01 (1) (d) shall be equal to the dollar amount specified under sub. (3) (a).

AB524-ASA1, s. 20 Section 20. 814.85 (1) (c) of the statutes is amended to read:

AB524-ASA1,7,2 814.85 (1) (c) Notwithstanding par. (a), the clerk of circuit court shall charge and collect a $51 court support services surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.62 (3) (a) or (b) or (5), or paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2) if the party paying the fee seeks the recovery of money and the amount claimed is equal to or less than the maximum amount under s. 799.01 (1) (d) (1m).

AB524-ASA1, s. 21 Section 21. 814.86 (1) of the statutes, as affected by 2009 Wisconsin Act 28, section 3240, is amended to read:

AB524-ASA1,7,13 814.86 (1) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $21.50 justice information system surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or (b), or (5), or 814.63 (1). The justice information system surcharge is in addition to the surcharge listed in sub. (1m).