State Codes and Statutes

Statutes > Wisconsin > 814 > 814.63

814.63

814.63 Fees in forfeiture actions.

814.63(1)

(1)

814.63(1)(b)

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

814.63(1)(c)

(c) This subsection does not apply to an action for a violation of s. 101.123 (2) or (2m), for a financial responsibility violation under s. 344.62 (2), for a violation under s. 343.51 (1m) (b), or a safety belt use violation under s. 347.48 (2m).

814.63 - ANNOT.

NOTE: Par. (c) is shown as affected by 2009 Wis. Acts 12, 28, and 100, as merged by the legislative reference bureau under s. 13.92 (2) (i).

814.63(2)

(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), [or] for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district shall pay a nonrefundable fee of $5 to the clerk of circuit court.

814.63 - ANNOT.

NOTE: Sub. (2) is shown as affected by 2009 Wis. Acts 28 and 100, as merged by the legislative reference bureau under s. 13.92 (2) (i). The "or" shown in brackets was removed by Act 100, but is necessary as a result of the treatment by Act 28. Corrective legislation is pending.

814.63(3)

(3) In addition to any forfeiture imposed, a defendant shall pay the costs, fees, and surcharges imposed under this chapter.

814.63(4)

(4) In forfeiture actions in which a county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district prevails, costs and disbursements shall be allowed to the county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district subject only to sub. (2) and such other limitation as the court may direct.

814.63(5)

(5) Of the fees received by the clerk under sub. (1) (b), the county treasurer shall pay $17.50 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 $17.50 to the appropriation under s. 20.680 (2) (j).

814.63 - ANNOT.

History: 1981 c. 317; 1985 a. 36; 1987 a. 27, 399; 1989 a. 22, 31, 64, 97, 107, 359; 1991 a. 26, 39, 130; 1993 a. 16, 167, 313; 1995 a. 27, 227, 349; 1997 a. 27, 248; 1999 a. 9, 72; 2001 a. 16; 2003 a. 30, 33, 139, 268, 327; 2005 a. 455; 2009 a. 12, 28; 2009 a. 100; s. 13.92 (2) (i).

814.63 - ANNOT.

A municipality must pay the fee imposed under sub. (2) upon the disposition in a circuit court of a forfeiture action for a municipal ordinance violation. The fee may not be passed on to the defendant. 80 Atty. Gen. 151.

814.63 - ANNOT.

Neither the clerk of court nor the county board has the authority to adopt a nonrefundable processing fee in the absence of a statute specifically providing for the fee. 80 Atty. Gen. 223.