Amendment ASA1-AB651

AB651-ASA1,47,10 1. "Account" has the meaning given in s. 49.853 (1) (a).

AB651-ASA1,47,11 2. "Financial institution" has the meaning given in s. 49.853 (1) (c).

AB651-ASA1,47,21 (b) Notice to the financial institution. To enforce a lien under this section by levying against an account at a financial institution, the department shall send a notice of levy to the financial institution instructing the financial institution to prohibit the closing of or withdrawals from one or more accounts that the obligor owns in whole or in part, up to a total amount that is sufficient to pay the support owed, financial institution fees under par. (e) and estimated levy fees and costs under sub. (11), until further notice from the department or a court. The financial institution shall comply with the notice of levy and shall hold the amount specified in the notice until the financial institution receives further instructions from the department or a court.

AB651-ASA1,48,3 (d) Notice to the obligor and certain others. No later than the next business day after the department sends notice of levy to the financial institution under par. (b), the department shall send a copy of the notice of levy to the obligor. The department shall also send a copy of the notice of levy to any other person who has an ownership interest in the account. The notices required under this paragraph shall be in the form determined by the department, however the notice shall include language stating all of the following:

AB651-ASA1,48,4 1. That the obligor has been certified as delinquent in paying support.

AB651-ASA1,48,5 2. The amount of the support owed.

AB651-ASA1,48,7 3. The financial institution to which the department sent the notice under par. (b).

AB651-ASA1,48,10 4. That one or more accounts owned in whole or in part by the obligor at the financial institution have been frozen, up to a total amount that is sufficient pay the support owed, the department's levy costs and financial institution fees.

AB651-ASA1,48,13 6. That the obligor may request a hearing within 20 business days after the date of the notice, by submitting the request in writing and by mailing or delivering a copy of the request to the county child support agency.

AB651-ASA1,48,17 6m. That a person, other than the obligor, who holds the account jointly with the obligor may request a hearing within 20 business days after the date of the notice, to protect the portion of the jointly held account that is attributable to his or her net contributions to the jointly held account.

AB651-ASA1,48,19 7. The address to which the request for hearing must be mailed or delivered in order to schedule a hearing.

AB651-ASA1,49,3 (e) Financial institution fees. A financial institution may continue to collect fees, under the terms of the account agreement, on accounts frozen under this subsection. In addition to the levy fee authorized under sub. (11) (a), a financial institution may collect any early withdrawal penalty incurred under the terms of an account as a result of the levy. Financial institution fees authorized under this paragraph may be charged to the account immediately prior to the remittance of the amount to the department and may be charged even if the amounts in the obligor's accounts are insufficient to pay the total amount of support owed and the department's levy costs under sub. (11) (b).

AB651-ASA1,50,2 (f) Hearings. A hearing requested under par. (d) 6. shall be conducted before the circuit court rendering the order to pay support. Within 45 business days after receiving a request for hearing under par. (d) 6., the court shall conduct the hearing. The family court commissioner may conduct the hearing. Except as provided in sub. (7m), the hearing shall be limited to a review of whether the account holder owes the amount of support certified and whether the department or the county child support agency has made an offer to enter into an alternative payment arrangement with the obligor that is not in accordance with the guidelines established under s. 49.858 (2) (a). If the court or family court commissioner determines that the department or the county child support agency has made an offer to enter into an alternative payment arrangement that is not in accordance with the guidelines established under s. 49.858 (2) (a), the court or family court commissioner may order an alternative payment arrangement plan that is in accordance with the guidelines established under s. 49.858 (2) (a). If the court or family court commissioner orders an alternative payment arrangement, the court or family court commissioner shall order the department to return the seized funds. If the court or family court commissioner determines that the account holder does not owe support or owes less than the amount claimed by the department, the court shall order the department to return the seized funds or the excess of the seized funds over the amount of the delinquency to the account holder. If a family court commissioner conducts the hearing under this paragraph, the department or the obligor may, within 15 business days after the date that the family court commissioner makes his or her decision, request review of the decision by the court with jurisdiction over the action.

AB651-ASA1,50,12 (6) Levying against other personal property. (a) When notice of seizure required. If the department has enforced a lien under this section by levying against personal property, the department shall immediately notify the obligor that the property has been seized. The department shall provide the notice of seizure under this paragraph to any person having an ownership interest in the property or any other person with an interest of record in the property. If the property is titled, the department shall also send a copy of the notice of seizure to the state agency that titles the property. A state agency receiving a notice under this paragraph may not transfer title to the personal property described in the notice, except on the instructions of a court or the department.

AB651-ASA1,50,14 (b) Content of notice of seizure. The notice provided under par. (a) shall include all of the following:

AB651-ASA1,50,15 1. The name of the obligor and the amount of the support owed.

AB651-ASA1,50,16 2. A description of the personal property seized.

AB651-ASA1,50,19 3. A statement that the obligor may, within 20 business days after the date of the notice, request a hearing on the questions of whether past-due support is owed and whether the property was wrongfully seized.

AB651-ASA1,50,23 3m. A statement that a person, other than the obligor, who holds the personal property jointly with the obligor may request a hearing within 20 business days after the date of the notice, to protect the portion of the jointly held personal property that is attributable to his or her net contributions to the jointly held personal property.

AB651-ASA1,51,3 4. A statement that the hearing may be requested by submitting the request in writing and by mailing or delivering a copy of the request to the county child support agency.

AB651-ASA1,52,6 (c) Hearing. If a hearing is requested under par. (b) 4., the court or family court commissioner shall schedule a hearing within 10 business days after receiving the request under par. (b) 4. Except as provided in sub. (7m), the hearing shall be limited to a review of whether the obligor owes the amount of support owed that is stated in the notice of seizure and whether the department or the county child support agency has made an offer to enter into an alternative payment arrangement with the obligor that is not in accordance with the guidelines established under s. 49.858 (2) (a). If the court or family court commissioner determines that the department or the county child support agency has made an offer to enter into an alternative payment arrangement that is not in accordance with the guidelines established under s. 49.858 (2) (a), the court or family court commissioner may order an alternative payment arrangement plan that is in accordance with the guidelines established under s. 49.858 (2) (a). If the court or family court commissioner orders an alternative payment arrangement, the court or family court commissioner shall order the department to return the seized property within 15 business days. If the court or family court commissioner determines that the obligor does not owe support or owes less than the amount claimed by the department, the court shall order the department to return the seized property within 15 business days or specify the amount which may be retained by the department after the sale of the seized property. If a family court commissioner conducts the hearing under this paragraph, the department or the obligor may, within 15 business days after the date that the family court commissioner makes his or her decision, request review of the decision by the court with jurisdiction over the action. The court reviewing the decision may order the department to return the seized property or may authorize the sale of the property by the department. If the department is ordered to return seized property under this paragraph, the court shall instruct any state agency responsible for titling the property that it may transfer title to the property without receiving instructions from a court or the department under par. (a).

AB651-ASA1,52,10 (d) Notice of sale. As soon as practicable after seizing the personal property and after any requested hearings are conducted under par. (c), the department shall send a notice to the obligor indicating when and where the property will be sold. The department shall publish or post the time and date of sale.

AB651-ASA1,52,16 (e) Redemption. At any time after receiving the notice of sale under par. (d), but before the property is sold, the obligor may redeem the property by arranging for the payment of total past-due support owed together with any levy fees and costs under sub. (11). If the obligor redeems the property, the department shall instruct the titling agency that the agency may transfer title to the property without receiving instructions from a court or the department under par. (a).

AB651-ASA1,52,22 (f) Sale. The date of sale must be no more than 60 days after the date of the notice of sale under par. (d). The department shall give the purchaser of property under this paragraph a certificate of sale upon payment in full of the purchase price. If the property seized and sold is titled property, the department shall direct the state agency that titled the property to transfer the title of the property to the purchaser of the property.

AB651-ASA1,53,5 (7) Levying against real property. (a) When notice of intent to levy required. To enforce a lien under this section by levying against real property, the department shall provide the obligor and all owners of the real property with a notice of intent to levy under par. (b) 1. A copy of the notice under par. (b) 1. shall be provided to the register of deeds in the county where the real property is located. A register of deeds receiving a notice of intent to levy under this paragraph shall file the notice of intent to levy. The department shall provide a notice of intent to levy under par. (b) 2. to any person having an interest of record in the real property.

AB651-ASA1,53,8 (b) Content of notice of intent. 1. The notice provided under par. (a) to the obligor, to owners of the property and to the register of deeds shall include all of the following:

AB651-ASA1,53,9 a. The name of the obligor and the amount of the support owed.

AB651-ASA1,53,11 b. A description of the real property against which the department intends to levy.

AB651-ASA1,53,13 c. A statement that the obligor may, within 20 business days after the date of the notice, request a hearing on the question of whether past-due support is owed.

AB651-ASA1,53,17 d. A statement that a person, other than the obligor, who holds the real property jointly with the obligor may request a hearing within 20 business days after the date of the notice, to protect the portion of the jointly held real property that is attributable to his or her net contributions to the jointly held real property.

AB651-ASA1,53,20 e. A statement that the hearing may be requested by submitting the request in writing and by mailing or delivering a copy of the request to the county child support agency.

AB651-ASA1,53,25 2. In addition to the information included under subd. 1. a. to c., the notice provided under par. (a) to a person having an interest of record in the real property shall include a request that the interest holder notify the department, within 10 business days after receiving the notice, of the amount and nature of the person's interest in the property.

AB651-ASA1,54,25 (c) Hearing. If a hearing is requested under par. (b) 1. c., the court or family court commissioner shall schedule a hearing within 10 business days after receiving the request under par. (b) 1. c. Except as provided in sub. (7m), the hearing shall be limited to a review of whether the obligor owes the amount of support owed that is stated in the notice of intent under par. (b) and whether the department or the county child support agency has made an offer to enter into an alternative payment arrangement with the obligor that is not in accordance with the guidelines established under s. 49.858 (2) (a). If the court or family court commissioner determines that the department or the county child support agency has made an offer to enter into an alternative payment arrangement that is not in accordance with the guidelines established under s. 49.858 (2) (a), the court or family court commissioner may order an alternative payment arrangement plan that is in accordance with the guidelines established under s. 49.858 (2) (a). If the court or family court commissioner orders an alternative payment arrangement, the court or family court commissioner shall order the department not to proceed with the levy. If the court or family court commissioner determines that the obligor does not owe support or owes less than the amount claimed by the department, the court shall order the department not to proceed with the levy or specify the amount that may be retained by the department after the sale of the seized property. If a family court commissioner conducts the hearing under this paragraph, the department or the obligor may, within 15 business days after the date that the family court commissioner makes his or her decision, request review of the decision by the court with jurisdiction over the action. The court reviewing the decision may order the department not to proceed with the levy of the property or may authorize the sale of the property by the department.

AB651-ASA1,55,14 (d) Final notice. Unless the department has been directed not to proceed with the levy in a hearing under par. (c) or unless the support owed and any levy fees and costs under sub. (11) have been paid, the department may send to the obligor a final notice of intent to seize and sell the property. The final notice may not be sent until 20 business days after the date of the notice of intent to levy under par. (a) or after any requested hearings under par. (c) have been completed. The final notice shall include a date by which the obligor must vacate the premises and a date on which the property will be sold, unless the obligor pays the support owed and any levy fees and costs under sub. (11). The date in the notice by which the obligor must vacate the premises must be at least 60 days after the date that the final notice is sent and the date of sale must be at least 90 days after the date that the final notice is sent. The department shall provide a copy of any final notice under this paragraph to the register of deeds in the county where the real property is located. A register of deeds receiving a final notice under this paragraph shall file the final notice.

AB651-ASA1,55,24 (e) Sale. 1. The department shall publicly advertise the time and place of the sale of real property seized under this subsection in the manner specified under s. 815.31 (1) to (3). The property may be redeemed prior to the date specified in the final notice by payment of the full amount of support owed together with any levy fees and costs under sub. (11). If the property has not been redeemed and the obligor has failed to vacate the property prior to the date specified in the final notice, the department may issue an administrative order directing a local law enforcement agency or official to remove the obligor and any other residents from the property. A person occupying the property under claim of ownership, lease or month-to-month tenancy may not be removed except by proceedings under ch. 799 or 843.

AB651-ASA1,56,11 2. If the property has not been redeemed prior to the date specified in the final notice, the department shall file a warrant with the clerk of circuit court. The department may also issue a copy of the warrant to the sheriff of any county of the state commanding the sheriff to levy upon and sell enough of the obligor's real property found within the county to pay the support owed and any levy fees and costs under sub. (11). The warrant may direct the sheriff to proceed upon the property in the same manner as upon an execution against property issued out of a court of record, to return the warrant to the department and pay to the department the money collected, or the part of the money that is necessary to pay the support owed, and levy costs and fees, within 60 days after the receipt of the warrant. The sheriff shall deliver any balance to the owner of the seized property.

AB651-ASA1,56,23 3. The clerk of circuit court shall enter the warrant under subd. 2. as required by s. 806.11. Upon entering the amount of the warrant, the warrant is considered a final judgment. The clerk of circuit court shall accept, file and enter the warrant without prepayment of any fee, but the clerk of circuit court shall submit a statement of the proper fee semiannually to the department covering the periods from January 1 to June 30 and July 1 to December 31. The fees shall be paid by the state from the appropriation under s. 20.445 (1) (L), but the fees provided by s. 814.61 (5) for filing and entering the warrants shall be added to the amount of the warrant and collected from the obligor when satisfaction or release is presented for entry. The sheriff shall be entitled to the same fees for executing upon a warrant under this paragraph as upon an execution against property issued out of a court of record, to be collected in the same manner.

AB651-ASA1,57,5 4. A warrant under subd. 2. may be issued to any agent of the department authorized to collect support owed and levy fees and costs. In collection of the support owed and the levy fees and costs, the agent has the powers of a sheriff, but may not collect from the obligor any fee or charge for the execution of the warrant that is in excess of actual expenses paid in the performance of his or her duty. When a warrant is issued, the agent may proceed upon the warrant in any county of the state designated in the warrant.

AB651-ASA1,57,8 5. Upon entry of a warrant in the judgment and lien docket, the department has the same remedies to enforce the claim for the delinquent amounts, penalties, interest and costs as upon a judgment against the obligor.

AB651-ASA1,58,2 6. If the department finds that the interests of the state will not thereby be jeopardized, the department may issue a full or conditional release of any warrant under this paragraph. Upon presentation of the release and payment of the filing fee, the clerk of circuit court shall file the release. The release shall be conclusive proof that the lien or cloud upon the title of the property covered by the release is extinguished. A person desiring that a release be issued under this subdivision shall present to the department a written application in affidavit form requesting that the release be issued. The application shall give the reasons for the request and shall clearly describe the property with respect to which the release is desired. In support of the request, the applicant shall furnish the department with proof sufficient to establish satisfactorily the fair market value of the property, the amounts, character and dates, both of execution and of record, of all encumbrances of record prior to the warrant lien, as well as the amount and character of any unrecorded encumbrances believed to be prior to the warrant lien, including information as to how and when all such encumbrances arose. Appropriate references shall be made to the pages and volumes of the recording books in which any such encumbrances have been recorded. The department may require a certified copy of any record referred to in such application to be furnished by the applicant, at his or her expense, from the officer in whose office such record is kept.

AB651-ASA1,58,14 7. When the delinquent amount set forth in a warrant together with levy fees and costs have been paid to the department, the department shall issue a satisfaction of the warrant and file it with the clerk and the warrant shall be immediately satisfied of record by such clerk. The department shall send a copy of such satisfaction to the obligor at the obligor's request. When such warrant has not been paid or discharged but the enforcement of same would, in the opinion of the department, result in depriving the obligor of a substantial right, the department may issue a release of said warrant and file same with the clerk who shall immediately make an entry of same of record, and it shall be held conclusive of the extinguishment of the warrant and all liens and rights created thereby, but does not constitute a release or satisfaction of the support owed for which the warrant was issued.

AB651-ASA1,58,18 8. If the department has issued an erroneous warrant, the department shall issue to the clerk of circuit court for the county in which the warrant is filed a notice of withdrawal of the warrant. The clerk shall void the warrant and any liens attached by it.

AB651-ASA1,59,8 (7m) Jointly held property. If the property levied against under sub. (5), (6) or (7) is jointly held, a person, other than the obligor, who holds a joint interest in the property may request the court or family court commissioner, in the hearing under sub. (5) (f), (6) (c) or (7) (c), to determine the proportion of the value of the property that is attributable to his or her net contribution to the property. The person shall have the burden of proving his or her net contribution by clear and convincing evidence. If the court determines that a portion of the jointly held property is attributable to the contributions of the person, the court shall direct the department or the county child support agency to pay the person, from the net balance of the jointly held account or the net proceeds of the sale of the jointly held real or personal property, the proportion of the gross value of the account or real or personal property that is attributable to that person. If the family court commissioner conducts the hearing under sub. (5) (f), (6) (c) or (7) (c), the person may, within 15 business days after the date that the family court commissioner makes his or her decision, request review of the decision by the court with jurisdiction over the action.

AB651-ASA1,59,15 (8) Duties to surrender; generally. Any person in possession of or obligated with respect to property or rights to property that is subject to levy under this section and upon which a levy has been made shall, upon demand of the department, surrender the property or rights or discharge the obligation to the department, except that part of the property or rights that is, at the time of the demand, subject to any prior attachment, execution under any judicial process, claim of ownership, lease or month-to-month tenancy.

AB651-ASA1,59,18 (9) Notice. Any notice required to be provided under this section may be provided by sending the notice by regular mail to the last-known address of the person to whom notice is to be sent.

AB651-ASA1,59,21 (11) Levy fees and costs. (a) Third parties. Any 3rd party is entitled to a levy fee of $5 for each levy in any case where property is secured through the levy. The 3rd party shall deduct the fee from the proceeds of the levy.

AB651-ASA1,60,2 (b) The department. The department may assess a collection fee to recover the department's costs incurred in levying against property under this section. The department shall determine its costs to be paid in all cases of levy. The obligor is liable to the department for the amount of the collection fee authorized under this paragraph. Fees collected under this paragraph shall be credited to the appropriation account under s. 20.445 (1) (L).

AB651-ASA1,60,6 (12) Priorities and use of proceeds. (a) Priorities. A lien under this section has the same priority, from the date that the lien is effective, as a judgment docketed under s. 806.15. The lien is effective for a period of 5 years from the date the lien becomes effective.

AB651-ASA1,60,10 (b) Use of proceeds. After paying any liens on a property that have priority over a lien under this section, the department shall apply all proceeds from a sale of that property under this section first against the support in respect to which the levy was made and then against levy fees and costs under sub. (11).

AB651-ASA1,60,13 (c) Refunds or credits. The department may refund or credit any amount left after the applications under par. (a), upon submission of a claim therefor and satisfactory proof of the claim, to the person entitled to that amount.

AB651-ASA1,60,17 (13) Release of levy; suspension of proceedings to enforce lien. (a) Release. The department may release the levy upon all or part of property levied upon to facilitate the collection of the liability or to grant relief from a wrongful levy, but that release does not prevent any later levy.

AB651-ASA1,60,21 (b) Settlement. If the obligor enters in to an alternative payment arrangement in accordance with guidelines established under s. 49.858 (2) (a), the department shall suspend all actions to enforce a lien under this section as long as the obligor remains in compliance with the alternative payment arrangement.

AB651-ASA1,60,25 (14) Wrongful levy. If the department determines that property has been wrongfully levied upon, the department may return the property at any time, or may return an amount of money equal to the amount of money, or value of the property, levied upon.

AB651-ASA1,61,16 (15) Actions against this state. (a) Commencement of actions. If the department has levied upon property, any person, other than the obligor who is liable to pay the support out of which the levy arose, who claims an interest in or lien on that property and claims that that property was wrongfully levied upon may bring a civil action against the state in the circuit court for Dane County. If the county child support agency has levied upon property pursuant to delegated authority under sub. (17), any person, other than the obligor who is liable to pay the support out of which the levy arose, who claims an interest in or lien on that property and claims that that property was wrongfully levied upon may bring a civil action against the county child support agency in the circuit court for the county where the court order for the payment of support, upon which the seizure is based, was first entered or last modified. That action may be brought whether or not that property has been surrendered to the department or the county child support agency. The court may grant only the relief under par. (b). No other action to question the validity of or restrain or enjoin a levy by the department or a county child support agency may be maintained.

AB651-ASA1,61,24 (b) Remedies. In an action under par. (a), prior to the sale of the property, if the court determines that property has been improperly levied upon, the court may enjoin the enforcement of the levy and order the return of the property, or may grant a judgment for the amount of money obtained by levy. The court may also order relief necessary to protect the interests of owners of the property, other than the obligor, including, when appropriate, partition of the property. After the sale of the property, if the court determines that the property has been wrongfully levied upon, it may grant a judgment for the amount of money obtained by levy.

AB651-ASA1,62,3 (c) Validity of determination. For purposes of an adjudication under this subsection, there is a rebuttable presumption that the support obligation upon which the lien is based is valid.

AB651-ASA1,62,10 (17) Delegation and power to contract. (a) The department may delegate any duties or powers given to the department under this section to county child support agencies, except that the department must approve the initiation of any levy proceedings under sub. (7). The department shall promulgate rules prohibiting a county child support agency from using the powers delegated under this paragraph to enforce a child support lien, if the value of the property that is subject to the lien is below the dollar amount specified in the rules.

AB651-ASA1,62,12 (b) The department may contract with a county sheriff to sell property seized under subs. (6) and (7).

AB651-ASA1,62,14 (18) Preservation of remedies. The availability of the remedies under this section does not abridge the right of the department to pursue other remedies.

AB651-ASA1, s. 74 Section 74. 49.856 of the statutes is created to read:

AB651-ASA1,62,16 49.856 Notification of delinquent payments. (1) In this section:

AB651-ASA1,62,17 (a) "Agency" means the county child support agency under s. 59.53 (5).

AB651-ASA1,62,18 (b) "Department" means the department of workforce development.

AB651-ASA1,62,23 (c) "Obligor" means a person who owes a delinquent child support, family support or maintenance payment or who owes an outstanding amount that has been ordered by a court for past support, medical expenses or birth expenses and that delinquent payment or outstanding amount has been certified by the department under s. 49.855.

AB651-ASA1,63,11 (2) If the department certifies a delinquent payment or outstanding amount under s. 49.855 (1) and the obligor receives a judgment against another person or has settled a lawsuit against another person that provides for the payment of money, the department or agency may send a notice to any person who is ordered to pay the judgment, who has agreed to the settlement or who holds the amount of the judgment or settlement in trust. The notice shall inform the person that the amount of the judgment or settlement due the obligor is subject to a lien by the department for the payment of the delinquent payment or outstanding amount certified under s. 49.855. The notification shall include the name and address of the obligor and the total amount certified under s. 49.855. Upon receipt of a notification, the person receiving the notification shall withhold an amount equal to the amount certified under s. 49.855 before making any payment under the judgment or pursuant to the settlement.

AB651-ASA1,63,14 (3) When the department or agency notifies a person under sub. (2), the department or agency shall send a notice to the last-known address of the obligor. The notice shall do all of the following:

AB651-ASA1,63,19 (a) Inform the obligor that the department or agency notified the person who owes money to the obligor or who holds money in trust for the obligor under a judgment or pursuant to a settlement to withhold the amount that was certified under s. 49.855 from any lump sum payment that may be paid to the obligor as a result of the judgment or settlement.

AB651-ASA1,63,23 (b) Inform the obligor that he or she may request a hearing before the circuit court that rendered the order to pay support, maintenance, medical expenses or birth expenses within 20 business days after receipt of this notice. The request shall be in writing and the obligor shall mail or deliver a copy of the request to the agency.

AB651-ASA1,64,2 (c) Inform the obligor that if a hearing is requested under par. (b) the department or agency will not require the person withholding the amount to send the amount to that department or agency until a final decision is issued in response to the request for a hearing.

AB651-ASA1,64,4 (d) Request that the obligor inform the department or agency if a bankruptcy stay is in effect with respect to the obligor.

AB651-ASA1,64,9 (4) If the obligor requests a hearing under sub. (3) (b), the circuit court shall schedule a hearing within 10 business days after receiving the request. The only issue at the hearing shall be whether the person owes the delinquent payment or outstanding amount certified under s. 49.855. A family court commissioner may conduct the hearing.

AB651-ASA1,64,22 (5) Receipt of a notification by a person under sub. (2) shall constitute a lien, equal to the amount certified, on any lump sum payment resulting from a judgment or settlement that may be due the obligor. The department or agency shall notify the person who received the notification under sub. (2) that the obligor has not requested a hearing or, if he or she has requested a hearing, of the results of that hearing, and of the responsibilities of the person who received the notification under sub. (2), including the requirement to submit the amount certified under s. 49.855. Use of the procedures under this section does not prohibit the department or agency from attempting to recover the amount certified under s. 49.855 through other legal means. The department or agency shall promptly notify any person who receives notification under sub. (2) if the amount certified under s. 49.855 has been recovered by some other means and no longer must be withheld from the judgment or settlement under this section.

AB651-ASA1,65,3 (6) After receipt of notification by a person under sub. (2) and before receipt of notice from the department under sub. (5) that the amount certified under s. 49.855 has been otherwise recovered, no release of any judgment, claim or demand by the obligor shall be valid as against a lien created under sub. (5), and the person making any payment to the obligor to satisfy the judgment or settlement shall remain liable to the department for the amount of the lien.

AB651-ASA1, s. 75 Section 75. 49.857 of the statutes is created to read:

AB651-ASA1,65,6 49.857 Administrative enforcement of support; denial, nonrenewal, restriction and suspension of licenses. (1) In this section:

AB651-ASA1,65,8 (a) "Child support agency" means a county child support agency under s. 59.53 (5).

AB651-ASA1,65,10 (b) "Credential" means a license, permit, certificate or registration that is granted under chs. 440 to 480.

AB651-ASA1,65,13 (c) "Credentialing board" means a board, examining board or affiliated credentialing board in the department of regulation and licensing that grants a credential.

AB651-ASA1,65,14 (d) "License" means any of the following:

AB651-ASA1,65,15 1. A license issued under s. 13.63 or a registration issued under s. 13.64.

AB651-ASA1,65,16 2. An approval specified in s. 29.09 (11m).

AB651-ASA1,65,17 2m. A fishing approval issued under s. 29.138.

AB651-ASA1,65,18 3. A license issued under s. 48.66 (1).

AB651-ASA1,65,22 4. A certification, license, training permit, registration, approval or certificate issued under s. 49.45 (2) (a) 11., 146.50 (5) (a) or (b), (6g) (a) or (8) (a), 250.05 (5), 252.23 (2), 252.24 (2), 254.176 (1) or (3) (a), 254.178 (2) (a), 254.20 (2), (3) or (4), 254.47 (1), 254.64 (1) (a) or (b), 254.71 (2) or 255.08 (2).

AB651-ASA1,65,23 5. A business tax registration certificate issued under s. 73.03 (50).

AB651-ASA1,65,25 6. A license, registration, registration certificate or certification specified in s. 93.135 (1).

AB651-ASA1,66,2 7. A license, permit or certificate of certification or registration specified in s. 101.02 (21) (a).

AB651-ASA1,66,3 8. A license issued under s. 102.17 (1) (c), 104.07 or 105.05.

AB651-ASA1,66,4 10. A certificate issued under s. 103.275, 103.91 or 103.92.