An Act to amend 814.65 (1) of the statutes; Relating to: increasing the maximum fee for court costs collectible in a municipal court action. (FE)
Summary
AB443 increases the maximum court cost fee that a municipal court may collect in most municipal court actions. Under current law, municipal courts must charge at least $15 and no more than $38 per separate matter; this bill raises the ceiling to $48 while leaving the $15 minimum unchanged. The fee applies whether the case is resolved by default, guilty or no contest plea, warrant or summons issuance, or a contested trial.
The bill also preserves existing exceptions for financial responsibility violations under s. 344.62 (2) and for certain ordinance violations involving vehicle registration and equipment-related provisions. Of each fee collected, the municipal treasurer must continue to remit $5 monthly to the secretary of administration for deposit in the state general fund, with the remainder retained by the municipality. The act takes effect the day after publication because it does not specify a different effective date.
Impact
AB443 amends Wisconsin Statutes section 814.65 (1) by increasing the maximum municipal court cost fee from $38 to $48. This directly affects municipal courts, municipal treasurers, defendants in municipal ordinance cases, and local government revenues, while leaving the statutory minimum fee and the state/local distribution formula unchanged. The bill does not alter the categories of cases subject to the fee or the listed exceptions, but it does allow municipalities to collect more per case within the new cap.
Sentiment
The bill appears to have broad legislative support, passing the Assembly 88-11 and the Senate 32-1. The vote margins suggest general agreement that the fee increase was acceptable, likely as a revenue adjustment for municipal court operations and local government funding. No committee transcript was provided, so there is no recorded debate in the supplied materials, but the strong bipartisan vote indicates limited opposition overall.
Contention
The main point of contention is likely the higher cost imposed on people appearing in municipal court, especially defendants in ordinance cases who would face increased court costs. Opponents may view the increase as a burden on low-income residents or as an added penalty beyond the underlying violation, while supporters likely see it as a modest adjustment to municipal funding and court administration costs. The narrow Senate opposition and larger Assembly dissent suggest some concern about affordability or the fairness of raising court fees, even though the bill ultimately passed comfortably.
Crossfiled
An Act to amend 814.65 (1) of the statutes; Relating to: increasing the maximum fee for court costs collectible in a municipal court action. (FE)
Creates a civil cause of action for any municipality that incurs extraordinary emergency response costs arising from a mass casualty event may bring a civil action in the superior court to recover such costs from a private property owner.