SB333: Bill Text

Under current law, a county must submit a portion of each amount the county collects, as specified in current law, to the Department of Administration for various state uses, and the county may retain the balance for use by the county. The bill generally provides for the county to retain for use by the county the additional amounts collected as a result of the increases in the bill.

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:

SB333,1 Section 1. 59.32 (1) of the statutes is amended to read:

SB333,2,6 59.32 (1) Sheriff; fees. The sheriff shall collect the fees prescribed in s. 814.70, unless a higher fee is applicable under s. 814.705 (1) (a) or (2), and remit them to the treasurer as provided in s. 59.22 (1) (b).

SB333,2 Section 2. 814.59 of the statutes is created to read:

SB333,2,10 814.59 Definition. In this subchapter, “federal mileage rate” means the business standard mileage rate for the year as determined under 26 CFR 1.274-5 (j) (2).

SB333,3 Section 3. 814.595 of the statutes is created to read:

SB333,3,9 814.595 Annual fee adjustments. (1) Beginning in 2030 and every 5 years thereafter, the fee amounts under ss. 814.60 (1), 814.61 (1) (a) and (b), (3), (4), (5) (am), (6), (7) (a) and (b), (8) (am) 1. and 2., (9), (11), (12) (a) 1. and (c), and (13) to (14), 814.615 (1) (a) 2. and 3., 814.62 (1), (2), (3) (a), and (4), 814.63 (1) (b) and (2), 814.65 (1), 814.66 (1) (a) 2., (b) 2., (c), (e) to (g), and (i) to (o) and (3), 814.67 (1) (a) 1. and 2., (am), (b) 1., and (bg), 814.68 (1) (a) and (2), 814.70 (1), (2), (3) (b), (7), (8), (9) (a), and (12), 814.72, 814.85 (1) (c), and 814.86 (1) for which a dollar amount is specified shall be adjusted to reflect any changes in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the preceding 5-year period, rounded up to the nearest dollar.

SB333,3,12 (2) The director of state courts shall adjust the changes in dollar amounts required under sub. (1) and post the adjusted fee amounts on the director of state court’s website.

SB333,4 Section 4. 814.60 (1) of the statutes is amended to read:

SB333,3,19 814.60 (1) In a criminal action, the clerk of circuit court shall collect a fee of $163 $239 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 65 percent to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the county.

SB333,5 Section 5. 814.61 (1) (a) of the statutes is amended to read:

SB333,4,3 814.61 (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 $190. Of the fees received by the clerk under this paragraph, the county treasurer shall pay $45 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 $15 of the $45 to the appropriation under s. 20.680 (2) (j).

SB333,6 Section 6. 814.61 (1) (b) of the statutes is amended to read:

SB333,4,8 814.61 (1) (b) Except as provided in pars. (c), (d), and (e), in addition to the fee under par. (a), at the commencement of an action affecting the family, as defined in s. 767.001 (1), a fee of $20 $55 to be deposited by the county treasurer in a separate account to be used by the county exclusively for the purposes specified in s. 767.405.

SB333,7 Section 7. 814.61 (3) of the statutes is amended to read:

SB333,4,16 814.61 (3) Third-party complaint. When any defendant files a 3rd-party complaint, the defendant shall pay a fee of $45 $114. 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 for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration shall credit $5 of the $25 to the appropriation under s. 20.680 (2) (j).

SB333,8 Section 8. 814.61 (4) of the statutes is amended to read:

SB333,4,22 814.61 (4) Jury fee. For a jury in all civil actions, except a garnishment action under ch. 812, a nonrefundable fee of $6 $17 per juror demanded to hear the case to be paid by the party demanding a jury within the time permitted to demand a jury trial. If the jury fee is not paid, no jury may be called in the action, and the action may be tried to the court without a jury.

SB333,9 Section 9. 814.61 (5) (am) (intro.) of the statutes is amended to read:

SB333,4,24 814.61 (5) (am) (intro.) The clerk shall collect a fee of $5 $14 for the following:

SB333,10 Section 10. 814.61 (6) of the statutes is amended to read:

SB333,5,3 814.61 (6) Foreign judgments. On filing a foreign judgment under s. 806.24, $15 $42.

SB333,11 Section 11. 814.61 (7) (a) of the statutes is amended to read:

SB333,5,13 814.61 (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 $83. 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 20 percent to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the county.

SB333,12 Section 12. 814.61 (7) (b) of the statutes is amended to read:

SB333,5,23 814.61 (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 $138. 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 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.

SB333,13 Section 13. 814.61 (8) (am) 1. and 2. of the statutes are amended to read:

SB333,6,2 814.61 (8) (am) 1. If the appeal or review is by certiorari or on the record, $40 $101.

SB333,6,3 2. If a new trial is authorized and requested, $55 $140.

SB333,14 Section 14. 814.61 (9) of the statutes is amended to read:

SB333,6,8 814.61 (9) Transmitting documents. For certifying and transmitting documents upon appeal, writ of error, change of venue, for enforcing real estate judgments in other counties, or for enforcing judgments in other states, $15 $42 plus postage.

SB333,15 Section 15. 814.61 (11) of the statutes is amended to read:

SB333,6,13 814.61 (11) Searches. For searching files or records to locate any one action when the person requesting the search does not furnish the case number of the action, or to ascertain the existence or nonexistence of any instrument or record in the custody of the clerk of circuit court, $5 $14.

SB333,16 Section 16. 814.61 (12) (a) 1. of the statutes is amended to read:

SB333,6,19 814.61 (12) (a) 1. For receiving a trust fund, or handling or depositing money under s. 757.25 or 807.10 (3), at the time the money is deposited with the clerk, a fee of $10 $35 or 0.5 percent of the amount deposited, whichever is greater. In addition, a fee of $10 $35 shall be charged upon each withdrawal of any or all of the money deposited with the clerk.

SB333,17 Section 17. 814.61 (12) (c) of the statutes is amended to read:

SB333,7,2 814.61 (12) (c) Deposits in contempt proceedings. For receiving and disbursing deposits made under s. 818.12 in contempt proceedings under ch. 785, $10 $25 per deposit. The $10 fee shall be deducted from the deposit, unless the entire deposit is ordered returned to the defendant, before applying the deposit to the satisfaction of a judgment under s. 818.14.

SB333,18 Section 18. 814.61 (13) of the statutes is amended to read:

SB333,7,9 814.61 (13) Support or maintenance petition. For the cost of court services, whenever a person not receiving benefits under s. 49.148 or 49.155 or aid under s. 49.19, 49.46, 49.465, 49.468, 49.47, or 49.471 files a petition requesting child support, maintenance, or family support payments, $10 $29 in addition to any other fee required under this section. This subsection does not apply to a petition filed by the state or its delegate.

SB333,19 Section 19. 814.61 (13m) of the statutes is amended to read:

SB333,7,13 814.61 (13m) Petition for guardianship of a child. For filing a petition under s. 48.9795 (12), whether in a guardianship or temporary guardianship proceeding or to commence an independent action, $60 $124.

SB333,20 Section 20. 814.61 (14) of the statutes is amended to read:

SB333,7,16 814.61 (14) Petition for occupational license. On filing a petition for an occupational license under s. 343.10 (4), $40 $83.

SB333,21 Section 21. 814.615 (1) (a) 2. of the statutes is amended to read:

SB333,7,20 814.615 (1) (a) 2. For all mediation provided after the first session mediation described under subd. 1., a single fee of $200 $462, regardless of the number of mediation sessions held.

SB333,22 Section 22. 814.615 (1) (a) 3. of the statutes is amended to read:

SB333,7,22 814.615 (1) (a) 3. For a study under s. 767.405 (14), a fee of $300 $830.

SB333,23 Section 23. 814.62 (1) of the statutes is amended to read:

SB333,8,7 814.62 (1) Garnishment actions. The fee for commencing a garnishment action under ch. 812, including actions under s. 799.01 (1) (d) 2., is $20 $51, 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 for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration shall credit $5 of the $12.50 to the appropriation under s. 20.680 (2) (j).

SB333,24 Section 24. 814.62 (2) of the statutes is amended to read:

SB333,8,10 814.62 (2) Wage earner actions. The fee for commencing wage earner amortization proceedings under s. 128.21 is $10 $35.

SB333,25 Section 25. 814.62 (3) (a) of the statutes is amended to read:

SB333,8,14 814.62 (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 $56.

SB333,26 Section 26. 814.62 (4) of the statutes is amended to read:

SB333,8,20 814.62 (4) Mailing fee. For service by mail under s. 799.12, the clerk shall collect $2 $7 for each defendant to cover the expense of mailing. If service by certified mail return receipt requested is required, the clerk shall collect for each defendant $2 $7 plus the cost for the certified mailing, rounded up to the nearest dollar.

SB333,27 Section 27. 814.63 (1) (b) of the statutes is amended to read:

SB333,8,24 814.63 (1) (b) In all forfeiture actions in circuit court, the clerk of court shall collect a fee of $25 $52 to be paid by the defendant when judgment is entered against the defendant.

SB333,28 Section 28. 814.63 (2) of the statutes is amended to read:

SB333,9,9 814.63 (2) Upon the disposition of a forfeiture action in circuit court for violation of a county, town, city, village, town sanitary district, or public inland lake protection and rehabilitation district ordinance, except for an action for a financial responsibility violation under s. 344.62 (2), for a violation under s. 343.51 (1m) (b), for a safety belt use violation under s. 347.48 (2m), or for a case transferred under s. 800.035 (5) (c), the county, town, city, village, town sanitary district, or public inland lake protection and rehabilitation district shall pay a nonrefundable fee of $5 $17 to the clerk of circuit court.

SB333,29 Section 29. 814.65 (1) of the statutes is amended to read:

SB333,9,19 814.65 (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 $42 nor more than $38 $51 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 for deposit in the general fund and shall retain the balance for the use of the municipality.

SB333,30 Section 30. 814.66 (1) (a) 2. of the statutes is amended to read:

SB333,9,24 814.66 (1) (a) 2. For filing a petition whereby any proceeding in estates of deceased persons is commenced, if the value of the property subject to administration, less encumbrances, liens, or charges, is $10,000 or less, a fee of $20 $36 and, if more than $10,000, a fee of 0.2 percent of the value of the property subject to administration, less encumbrances, liens, or charges. The register in probate may not base a fee under this subdivision upon the value of property that is not subject to administration.

SB333,31 Section 31. 814.66 (1) (b) 2. of the statutes is amended to read:

SB333,10,10 814.66 (1) (b) 2. For filing a petition for guardianship of the estate under ch. 54 or an application for conservatorship under s. 54.76, if the value of the property, less encumbrances, liens, or charges, is the amount specified under s. 867.03 (1g) (intro.) or less, a fee of $20 $36 and, if more than the amount specified under s. 867.03 (1g) (intro.), a fee of 0.2 percent of the value of the property, less encumbrances, liens, or charges.

SB333,32 Section 32. 814.66 (1) (c) of the statutes is amended to read:

SB333,10,14 814.66 (1) (c) For a certificate terminating a life estate or homestead interest, $3 $10, but the fee shall not be collected if the termination is consolidated with probate or administration proceedings.

SB333,33 Section 33. 814.66 (1) (e) of the statutes is amended to read:

SB333,10,19 814.66 (1) (e) For filing objections to the probate of a will, $20 $69, except that this fee may be waived by the court when objection is filed by a guardian ad litem or attorney, or attorney-in-fact, for a person in the military service. The court may order a refund of the fee to the objector from the assets of the estate.

SB333,34 Section 34. 814.66 (1) (f) of the statutes is amended to read:

SB333,10,22 814.66 (1) (f) For receiving a will for safekeeping, except under s. 856.05 (1), $10 $35.

SB333,35 Section 35. 814.66 (1) (g) of the statutes is amended to read:

SB333,11,2 814.66 (1) (g) For each certificate issued by the registers in probate or circuit judges, $3 $10.

SB333,36 Section 36. 814.66 (1) (i) of the statutes is amended to read:

SB333,11,6 814.66 (1) (i) For filing claims against estates, $3 $10. The $3 fee under this paragraph shall be added on to the amount of the claim and may be recovered as part of the claim.

SB333,37 Section 37. 814.66 (1) (j) of the statutes is amended to read:

SB333,11,11 814.66 (1) (j) For searching files or records to locate any one action when the person requesting the search does not furnish the case number of the action, or to ascertain the existence or nonexistence of any instrument or record in the custody of the clerk of circuit court, $4 $14.

SB333,38 Section 38. 814.66 (1) (k) of the statutes is amended to read:

SB333,11,14 814.66 (1) (k) For receiving a power of attorney for health care instrument for safekeeping, as provided under s. 155.65 (1), $8 $18.

SB333,39 Section 39. 814.66 (1) (L) of the statutes is amended to read:

SB333,11,17 814.66 (1) (L) For receiving a declaration for safekeeping, as provided under s. 154.13 (1), $8 $18.

SB333,40 Section 40. 814.66 (1) (n) of the statutes is amended to read:

SB333,11,22 814.66 (1) (n) For depositing or disbursing money under s. 54.12 (1) (a), a fee of $10 $16 or 0.5 percent of the amount deposited, whichever is greater at the time the money is deposited with the register in probate, and a fee of $10 $16 whenever any withdrawal is made of the money deposited with the register in probate.

SB333,41 Section 41. 814.66 (1) (o) of the statutes is amended to read:

SB333,12,2 814.66 (1) (o) For filing a petition to commence a judicial proceeding under ch. 701, $250 $258.

SB333,42 Section 42. 814.66 (3) of the statutes is amended to read: