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Wisconsin Legislature: AB320: Bill Text
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AB320: Bill Text
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2025 - 2026 LEGISLATURE
LRB-0777/1
KRP:klm
2025 ASSEMBLY BILL 320
July 8, 2025 - Introduced by Representatives
Allen
,
O'Connor
,
Donovan
,
Mursau
,
Armstrong
,
Behnke
,
Brill
,
Brooks
,
Dittrich
,
Goeben
,
B. Jacobson
,
Kitchens
,
Maxey
,
Piwowarczyk
,
Steffen
and
Melotik
, cosponsored by Senator
Wanggaard
. Referred to Committee on Judiciary.
AB320,2,2
1
An Act
to repeal
814.705 (2);
to amend
59.32 (1), 814.60 (1), 814.61 (1) (a),
2
814.61 (1) (b), 814.61 (3), 814.61 (4), 814.61 (5) (am) (intro.), 814.61 (6), 814.61
3
(7) (a), 814.61 (7) (b), 814.61 (8) (am) 1. and 2., 814.61 (9), 814.61 (11), 814.61
4
(12) (a) 1., 814.61 (12) (c), 814.61 (13), 814.61 (13m), 814.61 (14), 814.615 (1)
5
(a) 2., 814.615 (1) (a) 3., 814.62 (1), 814.62 (2), 814.62 (3) (a), 814.62 (4), 814.63
6
(1) (b), 814.63 (2), 814.65 (1), 814.66 (1) (a) 2., 814.66 (1) (b) 2., 814.66 (1) (c),
7
814.66 (1) (e), 814.66 (1) (f), 814.66 (1) (g), 814.66 (1) (i), 814.66 (1) (j), 814.66
8
(1) (k), 814.66 (1) (L), 814.66 (1) (n), 814.66 (1) (o), 814.66 (3), 814.67 (1) (a) 1.,
9
814.67 (1) (a) 2., 814.67 (1) (am), 814.67 (1) (b) 1., 814.67 (1) (bg), 814.67 (1) (c)
10
1. (intro.), 814.68 (1) (a), 814.68 (2), 814.70 (1), 814.70 (2), 814.70 (3) (a), 814.70
11
(3) (b), 814.70 (4) (a), 814.70 (4) (b), 814.70 (7), 814.70 (8), 814.70 (9) (a)
12
(intro.), 814.70 (9) (b), 814.70 (12), 814.72, 814.85 (1) (c), 814.85 (2), 814.86 (1)
13
and 814.86 (2);
to create
814.59, 814.595, 814.85 (3) and 814.86 (1s) of the
1
statutes;
relating to:
increasing certain court fees and surcharges and
2
indexing those amounts for inflation.
Analysis by the Legislative Reference Bureau
This bill 1) increases various court fees and surcharges collected by clerks of court, municipal judges, and registers in probate, 2) increases certain court fees paid to witnesses, interpreters, supplemental court commissioners, court reporters, sheriffs, and appraisers, and 3) indexes these and some other fee and surcharge amounts for inflation. For mileage reimbursement rates that are increased under the bill, the bill sets those rates at the rate determined by the federal Internal Revenue Service for the business standard mileage rate for federal income tax purposes.
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:
AB320,1
3
Section
1
.
59.32 (1) of the statutes is amended to read:
AB320,2,6
4
59.32
(1)
Sheriff; fees.
The sheriff shall collect the fees prescribed in s.
5
814.70, unless a higher fee is applicable under s. 814.705 (1) (a)
or (2)
, and remit
6
them to the treasurer as provided in s. 59.22 (1) (b).
AB320,2
7
Section
2
.
814.59 of the statutes is created to read:
AB320,2,10
8
814.59
Definition.
In this subchapter, “federal mileage rate” means the
9
business standard mileage rate for the year as determined under
26 CFR 1.274-5 (j)
10
(2)
.
AB320,3
11
Section
3
.
814.595 of the statutes is created to read:
AB320,3,9
12
814.595
Annual fee adjustments. (1)
Beginning in 2030 and every 5 years
1
thereafter, the fee amounts under ss. 814.60 (1), 814.61 (1) (a) and (b), (3), (4), (5)
2
(am), (6), (7) (a) and (b), (8) (am) 1. and 2., (9), (11), (12) (a) 1. and (c), and (13) to
3
(14), 814.615 (1) (a) 2. and 3., 814.62 (1), (2), (3) (a), and (4), 814.63 (1) (b) and (2),
4
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.
5
and 2., (am), (b) 1., and (bg), 814.68 (1) (a) and (2), 814.70 (1), (2), (3) (b), (7), (8), (9)
6
(a), and (12), 814.72, 814.85 (1) (c), and 814.86 (1) for which a dollar amount is
7
specified shall be adjusted to reflect any changes in the U.S. consumer price index
8
for all urban consumers, U.S. city average, as determined by the U.S. department of
9
labor, for the preceding 5-year period, rounded up to the nearest dollar.
AB320,3,12
10
(2)
The director of state courts shall adjust the changes in dollar amounts
11
required under sub. (1) and post the adjusted fee amounts on the director of state
12
court’s website.
AB320,4
13
Section
4
.
814.60 (1) of the statutes is amended to read:
AB320,3,19
14
814.60
(1)
In a criminal action, the clerk of circuit court shall collect a fee of
15
$163
$239
for all necessary filing, entering, or recording, to be paid by the defendant
16
when judgment is entered against the defendant. Of the fees received by the clerk
17
of circuit court under this subsection, the county treasurer shall pay
93.87
65
18
percent to the secretary of administration for deposit in the general fund and shall
19
retain the balance for the use of the county.
AB320,5
20
Section
5
.
814.61 (1) (a) of the statutes is amended to read:
AB320,4,3
21
814.61
(1)
(a) Except as provided under pars. (c), (d), and (e), at the
22
commencement of all civil actions and special proceedings not specified in ss. 814.62
23
to 814.66,
$75
$190
. Of the fees received by the clerk under this paragraph, the
24
county treasurer shall pay $45 to the secretary of administration for deposit in the
1
general fund and shall retain the balance for the use of the county. The secretary of
2
administration shall credit $15 of the $45 to the appropriation under s. 20.680 (2)
3
(j).
AB320,6
4
Section
6
.
814.61 (1) (b) of the statutes is amended to read:
AB320,4,8
5
814.61
(1)
(b) Except as provided in pars. (c), (d)
,
and (e), in addition to the fee
6
under par. (a), at the commencement of an action affecting the family
,
as defined in
7
s. 767.001 (1), a fee of
$20
$55
to be deposited by the county treasurer in a separate
8
account to be used by the county exclusively for the purposes specified in s. 767.405.
AB320,7
9
Section
7
.
814.61 (3) of the statutes is amended to read:
AB320,4,16
10
814.61
(3)
Third-party complaint.
When any defendant files a 3rd-party
11
complaint, the defendant shall pay a fee of
$45
$114
. The defendant shall pay only
12
one such
$45
fee in an action. Of the fees received by the clerk under this
13
subsection, the county treasurer shall pay $25 to the secretary of administration for
14
deposit in the general fund and shall retain the balance for the use of the county.
15
The secretary of administration shall credit $5 of the $25 to the appropriation
16
under s. 20.680 (2) (j).
AB320,8
17
Section
8
.
814.61 (4) of the statutes is amended to read:
AB320,4,22
18
814.61
(4)
Jury fee.
For a jury in all civil actions, except a garnishment
19
action under ch. 812, a nonrefundable fee of
$6
$17
per juror demanded to hear the
20
case to be paid by the party demanding a jury within the time permitted to demand
21
a jury trial. If the jury fee is not paid, no jury may be called in the action, and the
22
action may be tried to the court without a jury.
AB320,9
23
Section
9
.
814.61 (5) (am) (intro.) of the statutes is amended to read:
AB320,4,24
24
814.61
(5)
(am) (intro.) The clerk shall collect a fee of
$5
$14
for the following:
AB320,10
1
Section
10
.
814.61 (6) of the statutes is amended to read:
AB320,5,3
2
814.61
(6)
Foreign judgments.
On filing a foreign judgment under s.
3
806.24,
$15
$42
.
AB320,11
4
Section
11
.
814.61 (7) (a) of the statutes is amended to read:
AB320,5,13
5
814.61
(7)
(a) Except as provided in par. (b), upon the filing of any petition
6
under s. 767.59 (1c) (a) or any motion, by either party, for the revision of a judgment
7
or order in an action affecting the family,
$30
$83
. No fee may be collected under
8
this paragraph for any petition or motion by either party for the revision of a
9
judgment or order involving child support, family support, or maintenance if both
10
parties have stipulated to the revision of the judgment or order. Of the fees received
11
by the clerk under this paragraph, the county treasurer shall pay
50
20
percent to
12
the secretary of administration for deposit in the general fund and shall retain the
13
balance for the use of the county.
AB320,12
14
Section
12
.
814.61 (7) (b) of the statutes is amended to read:
AB320,5,23
15
814.61
(7)
(b) Upon the filing of any petition, motion, or order to show cause by
16
either party under s. 767.451 or 767.481,
$50
$138
. No fee may be collected under
17
this paragraph for filing a petition, motion, or order to show cause for the revision of
18
a judgment or order for legal custody or physical placement if both parties have
19
stipulated to the revision of the judgment or order. Of the fees received by the clerk
20
under this paragraph, the county treasurer shall pay 25 percent to the secretary of
21
administration for deposit in the general fund, retain 25 percent for the use of the
22
county, and deposit 50 percent in a separate account to be used by the county
23
exclusively for the purposes specified in s. 767.405.
AB320,13
24
Section
13
.
814.61 (8) (am) 1. and 2. of the statutes are amended to read:
AB320,6,2
1
814.61
(8)
(am) 1. If the appeal or review is by certiorari or on the record,
$40
2
$101
.
AB320,6,3
3
2. If a new trial is authorized and requested,
$55
$140
.
AB320,14
4
Section
14
.
814.61 (9) of the statutes is amended to read:
AB320,6,8
5
814.61
(9)
Transmitting documents.
For certifying and transmitting
6
documents upon appeal, writ of error, change of venue, for enforcing real estate
7
judgments in other counties, or for enforcing judgments in other states,
$15
$42
8
plus postage.
AB320,15
9
Section
15
.
814.61 (11) of the statutes is amended to read:
AB320,6,13
10
814.61
(11)
Searches.
For searching files or records to locate any one action
11
when the person requesting the search does not furnish the case number of the
12
action, or to ascertain the existence or nonexistence of any instrument or record in
13
the custody of the clerk of circuit court,
$5
$14
.
AB320,16
14
Section
16
.
814.61 (12) (a) 1. of the statutes is amended to read:
AB320,6,19
15
814.61
(12)
(a) 1. For receiving a trust fund, or handling or depositing money
16
under s. 757.25 or 807.10 (3), at the time the money is deposited with the clerk, a fee
17
of
$10
$35
or 0.5 percent of the amount deposited, whichever is greater. In addition,
18
a fee of
$10
$35
shall be charged upon each withdrawal of any or all of the money
19
deposited with the clerk.
AB320,17
20
Section
17
.
814.61 (12) (c) of the statutes is amended to read:
AB320,7,2
21
814.61
(12)
(c)
Deposits in contempt proceedings.
For receiving and disbursing
22
deposits made under s. 818.12 in contempt proceedings under ch. 785,
$10
$25
per
23
deposit. The
$10
fee shall be deducted from the deposit, unless the entire deposit is
1
ordered returned to the defendant, before applying the deposit to the satisfaction of
2
a judgment under s. 818.14.
AB320,18
3
Section
18
.
814.61 (13) of the statutes is amended to read:
AB320,7,9
4
814.61
(13)
Support or maintenance petition.
For the cost of court
5
services, whenever a person not receiving benefits under s. 49.148 or 49.155 or aid
6
under s. 49.19, 49.46, 49.465, 49.468, 49.47, or 49.471 files a petition requesting
7
child support, maintenance
,
or family support payments,
$10
$29
in addition to any
8
other fee required under this section. This subsection does not apply to a petition
9
filed by the state or its delegate.
AB320,19
10
Section
19
.
814.61 (13m) of the statutes is amended to read:
AB320,7,13
11
814.61
(13m)
Petition for guardianship of a child.
For filing a petition
12
under s. 48.9795 (12), whether in a guardianship or temporary guardianship
13
proceeding or to commence an independent action,
$60
$124
.
AB320,20
14
Section
20
.
814.61 (14) of the statutes is amended to read:
AB320,7,16
15
814.61
(14)
Petition for occupational license.
On filing a petition for an
16
occupational license under s. 343.10 (4),
$40
$83
.
AB320,21
17
Section
21
.
814.615 (1) (a) 2. of the statutes is amended to read:
AB320,7,20
18
814.615
(1)
(a) 2. For all mediation provided after the first session mediation
19
described under subd. 1., a single fee of
$200
$462
, regardless of the number of
20
mediation sessions held.
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