Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB188

Introduced
4/15/25  
Refer
4/15/25  
Report Pass
1/14/26  
Refer
1/14/26  

Caption

An Act to amend 757.05 (1) (a) of the statutes; Relating to: reduction of penalty surcharge when certain fines or forfeitures reduced. (FE)

Impact

The implications of AB188 may lead to a more equitable system regarding fines and forfeitures. By ensuring that penalty surcharges are adjusted in line with the fines or forfeitures imposed, the bill seeks to uphold fairness and justice in the penal system. This approach provides a clearer understanding of the total penalties involved and could lead to consistent applications of financial responsibilities as tied to judicial decisions, allowing courts greater discretion in exactly how penalties are imposed.

Summary

Assembly Bill 188 aims to amend the existing statute concerning the penalty surcharge that accompanies certain fines or forfeitures imposed by courts for violations of state laws or municipal ordinances. Under current law, a penalty surcharge of 26 percent is added to the fine or forfeiture. This bill proposes that in cases where the fine or forfeiture is reduced, the penalty surcharge must also be proportionally reduced. This change could potentially lessen the financial burden on violators who have had their penalties decreased by the court.

Contention

While the bill appears to present a simple fix to current law, there may be some opposition regarding its implementation, specifically concerning the potential ramifications on municipal revenues derived from fines. Critics might argue that by reducing penalty surcharges, local governments could face shortfalls in revenue that typically fund public services. Consequently, the bill raises questions about balancing judicial discretion against the fiscal needs of municipalities dependent on these funds.

Companion Bills

WI SB188

Crossfiled An Act to amend 757.05 (1) (a) of the statutes; Relating to: reduction of penalty surcharge when certain fines or forfeitures reduced. (FE)

Previously Filed As

WI SB188

Reduction of penalty surcharge when certain fines or forfeitures reduced. (FE)

WI SB1433

Relating To Harm Reduction.

WI HB933

Relating To General Excise Tax Reductions.

WI HB933

Relating To General Excise Tax Reductions.

WI A05215

Requires state agencies to submit annual reports to the financial committees of the legislature accounting for all fines, fees and surcharges, the purpose of such fine, fee or surcharge, and where such fines, fees, interest and surcharges were deposited; directs unassigned fees to be deposited into the general fund.

WI SB825

Oklahoma Tax Commission; prescribing manner of operation; requiring reduction of fees, fines, penalties, and interest levied or charged by the Commission. Effective date.

WI SB825

Oklahoma Tax Commission; prescribing manner of operation; requiring reduction of fees, fines, penalties, and interest levied or charged by the Commission. Effective date.

WI SB5815

Modifying business and occupation tax surcharges, rates, and the advanced computing surcharge cap, clarifying the business and occupation tax deduction for certain investments, and creating a temporary business and occupation tax surcharge on large companies.

WI HB2081

Modifying business and occupation tax surcharges, rates, and the advanced computing surcharge cap, clarifying the business and occupation tax deduction for certain investments, and creating a temporary business and occupation tax surcharge on large companies.

WI SB184

Amending the Kansas drycleaner environmental response act to modify the penalties for violations of the act, the required deductible rate for corrective actions, the environmental surcharge rate, the solvent fee and the delinquency penalty related to environmental surcharges and solvent fees.

Similar Bills

HI HB126

Relating To Property Forfeiture.

HI SB722

Relating To Property Forfeiture.

CO HB1250

Procedures Related to Civil Asset Forfeiture

CO HB261250

Concerning procedures relating to state action resulting in the relinquishment of private property, and, in connection therewith, making an appropriation.

WV HB2772

Relating generally to forfeiture of contraband

WV HB5261

Relating generally to forfeiture of contraband

HI SB320

Relating To Property Forfeiture.

HI SB320

Relating To Property Forfeiture.