SB494-SSA2,57,3
12. Sections 815.01 to 815.04 do not apply. The department may not issue an
2execution more than 5 years after the date on which the lien was entered in the
3statewide support lien docket.
SB494-SSA2,57,74
3. Section 815.05 does not apply. If the department has delegated under sub.
5(17) its authority under this subsection, the execution shall be signed by the director
6of the child support agency that is initiating the real property seizure on behalf of the
7department. The execution shall include all of the following information:
SB494-SSA2,57,98
a. The date that a lien against the obligor was first entered on the child support
9lien docket.
SB494-SSA2,57,1110
b. The amount of past due child support that is owed at the time the execution
11is issued.
SB494-SSA2,57,1312
c. A legal description of the property against which the lien is to be executed.
13Including the location, of the property against which the lien is to be executed.
SB494-SSA2,57,1514
d. The street address or location of the property against which the lien is to be
15executed.
SB494-SSA2,57,1716
e. A directive to the officer to whom the execution is addressed to seize and sell
17the property within 90 days of the date of the execution.
SB494-SSA2,57,1918
4. The execution shall be made returnable under s. 815.06 to the department
19within 90 days, rather than 60 days, after its receipt by the officer.
SB494-SSA2,57,2120
5. Sections 815.07, 815.09 to 815.12, 815.14, 815.15, 815.18 to 815.21, 815.25
21and 815.26 do not apply.
SB494-SSA2,57,2422
6. In addition to the notice required under s. 815.31, the officer to whom the
23execution is issued shall notify the obligor of the time and place of the sale of the real
24property.
SB494-SSA2,58,4
17. If, prior to the sale of the real property, the department or child support
2agency notifies the officer that the obligor has paid the amount owed together with
3any levy fees and costs under sub. (11) or that the custodial parent to whom the
4support is owed has died, the officer shall discontinue the execution.
SB494-SSA2,58,135
8. Sections 815.38 to 815.55 do not apply. The obligor may redeem the property
6prior to the date of the sale by payment of the full amount of support owed together
7with any levy fees and costs under sub. (11). The property may not be redeemed after
8it is sold. If the property is redeemed, the county child support agency shall issue a
9certificate upon redemption that includes the date of redemption, the amount of
10money paid and a description of the property redeemed. The certificate of
11redemption may be recorded in the office of the register of deeds. Upon the sale of
12the real estate on execution, the officer shall issue a deed and a certificate of sale to
13the purchaser within 10 days of the sale.
SB494-SSA2,58,1814
9. The department may issue an administrative order directing a local law
15official to remove the obligor from the property if property is not vacated before the
16time of sale. A person occupying the property under claim of ownership, lease or
17month-to-month tenancy may not be removed except by proceedings under ch. 799
18or 843.
SB494-SSA2,58,1919
10. Sections 815.59 to 815.64 do not apply.
SB494-SSA2,58,2220
(f)
Updating the lien docket. The department shall update the statewide
21support lien docket to remove a lien that is satisfied by an execution or sale under
22this subsection.
SB494-SSA2,59,18
23(7m) Jointly held property. A person, other than the obligor, who holds a joint
24interest in property levied against under this section may request a hearing, as
25provided in subs. (5) (d) 6m., (6) (b) 3m. or (7) (b) 1. d., to determine the proportion
1of the value of the property that is attributable to his or her net contribution to the
2property. If a hearing is requested under this subsection, the court or family court
3commissioner shall schedule a hearing within 10 days after receiving the request.
4The hearing shall be limited to determining the proportion of the value of the
5property that is attributable to the person's net contribution to the property. If more
6than one person requests a hearing under this subsection, or if the obligor requests
7a hearing under sub. (5) (f), (6) (c) or (7) (c), with respect to the same property, the
8court or family court commissioner may schedule the hearings together. The person
9requesting the hearing shall have the burden of proving his or her net contribution
10by clear and convincing evidence. If the court determines that a portion of the jointly
11held property is attributable to the contributions of the person, the court shall direct
12the department or the county child support agency to pay the person, from the net
13balance of the jointly held account or the net proceeds of the sale of the jointly held
14real or personal property, the proportion of the gross value of the account or real or
15personal property that is attributable to that person. If the family court
16commissioner conducts the hearing under this subsection, the person may, within 15
17business days after the date that the family court commissioner makes his or her
18decision, request review of the decision by the court with jurisdiction over the action.
SB494-SSA2,59,25
19(8) Duties to surrender; generally. Any person in possession of or obligated
20with respect to property or rights to property that is subject to levy under this section
21and upon which a levy has been made shall, upon demand of the department,
22surrender the property or rights or discharge the obligation to the department,
23except that part of the property or rights that is, at the time of the demand, subject
24to any prior attachment, execution under any judicial process, claim of ownership,
25lease or month-to-month tenancy.
SB494-SSA2,60,3
1(9) Notice. Any notice required to be provided under this section may be
2provided by sending the notice by regular mail to the last-known address of the
3person to whom notice is to be sent.
SB494-SSA2,60,6
4(11) Levy fees and costs. (a)
Third parties. Any 3rd party is entitled to a levy
5fee of $5 for each levy in any case where property is secured through the levy. The
63rd party shall deduct the fee from the proceeds of the levy.
SB494-SSA2,60,127
(b)
The department. The department may assess a collection fee to recover the
8department's costs incurred in levying against property under this section. The
9department shall determine its costs to be paid in all cases of levy. The obligor is
10liable to the department for the amount of the collection fee authorized under this
11paragraph. Fees collected under this paragraph shall be credited to the
12appropriation account under s. 20.445 (1) (L).
SB494-SSA2,60,16
13(12) Priorities and use of proceeds. (a)
Priorities. A lien under this section
14has the same priority, from the date that the lien is effective, as a judgment docketed
15under s. 806.15. The lien is effective for a period of 5 years from the date the lien
16becomes effective.
SB494-SSA2,60,2017
(b)
Use of proceeds. After paying any liens on a property that have priority over
18a lien under this section, the department shall apply all proceeds from a sale of that
19property under this section first against the support in respect to which the levy was
20made and then against levy fees and costs under sub. (11).
SB494-SSA2,60,2321
(c)
Refunds or credits. The department may refund or credit any amount left
22after the applications under par. (a), upon submission of a claim therefor and
23satisfactory proof of the claim, to the person entitled to that amount.
SB494-SSA2,61,2
24(13) Release of levy; suspension of proceedings to enforce lien. (a)
Release.
25The department may release the levy upon all or part of property levied upon to
1facilitate the collection of the liability or to grant relief from a wrongful levy, but that
2release does not prevent any later levy.
SB494-SSA2,61,63
(b)
Settlement. If the obligor enters in to an alternative payment arrangement
4in accordance with guidelines established under s. 49.858 (2) (a), the department
5shall suspend all actions to enforce a lien under this section as long as the obligor
6remains in compliance with the alternative payment arrangement.
SB494-SSA2,61,13
7(14) Wrongful levy. If the department determines that property has been
8wrongfully levied upon, the department shall return the property or, if the property
9has been sold, shall return an amount of money equal to the amount of money, or
10value of the property, levied upon. This subsection does not prevent a person whose
11property has been wrongfully levied upon from seeking relief, under other provisions
12of the statutes, against the state for damages that have not been compensated for
13under this subsection.
SB494-SSA2,62,4
14(15) Actions against this state. (a)
Commencement of actions. If the
15department has levied upon property, any person, other than the obligor who is liable
16to pay the support out of which the levy arose, who claims an interest in or lien on
17that property and claims that that property was wrongfully levied upon may bring
18a civil action against the state in the circuit court for Dane County. If the county child
19support agency has levied upon property pursuant to delegated authority under sub.
20(17), any person, other than the obligor who is liable to pay the support out of which
21the levy arose, who claims an interest in or lien on that property and claims that that
22property was wrongfully levied upon may bring a civil action against the county child
23support agency in the circuit court for the county where the court order for the
24payment of support, upon which the seizure is based, was first entered or last
25modified. That action may be brought whether or not that property has been
1surrendered to the department or the county child support agency. The court may
2grant only the relief under par. (b). No other action to question the validity of or
3restrain or enjoin a levy by the department or a county child support agency may be
4maintained.
SB494-SSA2,62,125
(b)
Remedies. In an action under par. (a), prior to the sale of the property, if the
6court determines that property has been improperly levied upon, the court may
7enjoin the enforcement of the levy and order the return of the property, or may grant
8a judgment for the amount of money obtained by levy. The court may also order relief
9necessary to protect the interests of owners of the property, other than the obligor,
10including, when appropriate, partition of the property. After the sale of the property,
11if the court determines that the property has been wrongfully levied upon, it may
12grant a judgment for the amount of money obtained by levy.
SB494-SSA2,62,1513
(c)
Validity of determination. For purposes of an adjudication under this
14subsection, there is a rebuttable presumption that the support obligation upon which
15the lien is based is valid.
SB494-SSA2,62,22
16(17) Delegation and power to contract. The department may delegate any
17duties or powers given to the department under this section to county child support
18agencies, except that the department must approve the initiation of any levy
19proceedings under sub. (7). The department shall promulgate rules prohibiting a
20county child support agency from using the powers delegated under this subsection
21to enforce a child support lien, if the value of the property that is subject to the lien
22is below the dollar amount specified in the rules.
SB494-SSA2,62,24
23(18) Preservation of remedies. The availability of the remedies under this
24section does not abridge the right of the department to pursue other remedies.
SB494-SSA2,63,1
149.856 Notification of delinquent payments. (1) In this section:
SB494-SSA2,63,22
(a) "Agency" means the county child support agency under s. 59.53 (5).
SB494-SSA2,63,33
(b) "Department" means the department of workforce development.
SB494-SSA2,63,84
(c) "Obligor" means a person who owes a delinquent child support, family
5support or maintenance payment or who owes an outstanding amount that has been
6ordered by a court for past support, medical expenses or birth expenses and that
7delinquent payment or outstanding amount is specified in the statewide support lien
8docket under s. 49.854 (2) (b).
SB494-SSA2,63,21
9(2) If an obligor receives a judgment against another person or has settled a
10lawsuit against another person that provides for the payment of money, the
11department or agency may send a notice to any person who is ordered to pay the
12judgment, who has agreed to the settlement or who holds the amount of the judgment
13or settlement in trust. The notice shall inform the person that the amount of the
14judgment or settlement due the obligor is subject to a lien by the department for the
15payment of the delinquent payment or outstanding amount specified in the
16statewide support lien docket under s. 49.854 (2) (b). The notification shall include
17the name and address of the obligor and the total amount specified in the statewide
18support lien docket under s. 49.854 (2) (b). Upon receipt of a notification, the person
19receiving the notification shall withhold an amount equal to the amount specified in
20the statewide support lien docket under s. 49.854 (2) (b) before making any payment
21under the judgment or pursuant to the settlement.
SB494-SSA2,63,24
22(3) When the department or agency notifies a person under sub. (2), the
23department or agency shall send a notice to the last-known address of the obligor.
24The notice shall do all of the following:
SB494-SSA2,64,5
1(a) Inform the obligor that the department or agency notified the person who
2owes money to the obligor or who holds money in trust for the obligor under a
3judgment or pursuant to a settlement to withhold the amount that was specified in
4the statewide support lien docket under s. 49.854 (2) (b) from any lump sum payment
5that may be paid to the obligor as a result of the judgment or settlement.
SB494-SSA2,64,96
(b) Inform the obligor that he or she may request a hearing before the circuit
7court that rendered the order to pay support, maintenance, medical expenses or birth
8expenses within 20 business days after receipt of this notice. The request shall be
9in writing and the obligor shall mail or deliver a copy of the request to the agency.
SB494-SSA2,64,1310
(c) Inform the obligor that if a hearing is requested under par. (b) the
11department or agency will not require the person withholding the amount to send the
12amount to that department or agency until a final decision is issued in response to
13the request for a hearing.
SB494-SSA2,64,1514
(d) Request that the obligor inform the department or agency if a bankruptcy
15stay is in effect with respect to the obligor.
SB494-SSA2,64,20
16(4) If the obligor requests a hearing under sub. (3) (b), the circuit court shall
17schedule a hearing within 10 business days after receiving the request. The only
18issue at the hearing shall be whether the person owes the delinquent payment or
19outstanding amount specified in the statewide support lien docket under s. 49.854
20(2) (b). A family court commissioner may conduct the hearing.
SB494-SSA2,65,10
21(5) Receipt of a notification by a person under sub. (2) shall constitute a lien,
22equal to the amount specified in the statewide support lien docket under s. 49.854
23(2) (b), on any lump sum payment resulting from a judgment or settlement that may
24be due the obligor. The department or agency shall notify the person who received
25the notification under sub. (2) that the obligor has not requested a hearing or, if he
1or she has requested a hearing, of the results of that hearing, and of the
2responsibilities of the person who received the notification under sub. (2), including
3the requirement to submit the amount specified in the statewide support lien docket
4under s. 49.854 (2) (b). Use of the procedures under this section does not prohibit the
5department or agency from attempting to recover the amount specified in the
6statewide support lien docket under s. 49.854 (2) (b) through other legal means. The
7department or agency shall promptly notify any person who receives notification
8under sub. (2) if the amount specified in the statewide support lien docket under s.
949.854 (2) (b) has been recovered by some other means and no longer must be
10withheld from the judgment or settlement under this section.
SB494-SSA2,65,17
11(6) After receipt of notification by a person under sub. (2) and before receipt of
12notice from the department under sub. (5) that the amount specified in the statewide
13support lien docket under s. 49.854 (2) (b) has been otherwise recovered, no release
14of any judgment, claim or demand by the obligor shall be valid as against a lien
15created under sub. (5), and the person making any payment to the obligor to satisfy
16the judgment or settlement shall remain liable to the department for the amount of
17the lien.
SB494-SSA2,65,20
1949.857 Administrative enforcement of support; denial, nonrenewal,
20restriction and suspension of licenses. (1) In this section:
SB494-SSA2,65,2221
(a) "Child support agency" means a county child support agency under s. 59.53
22(5).
SB494-SSA2,65,2423
(b) "Credential" means a license, permit, certificate or registration that is
24granted under chs. 440 to 480.
SB494-SSA2,66,3
1(c) "Credentialing board" means a board, examining board or affiliated
2credentialing board in the department of regulation and licensing that grants a
3credential.
SB494-SSA2,66,44
(d) "License" means any of the following:
SB494-SSA2,66,55
1. A license issued under s. 13.63 or a registration issued under s. 13.64.
SB494-SSA2,66,66
2. An approval specified in s. 29.09 (11m).
SB494-SSA2,66,77
2m. A fishing approval issued under s. 29.138.
SB494-SSA2,66,88
3. A license issued under s. 48.66 (1).
SB494-SSA2,66,129
4. A certification, license, training permit, registration, approval or certificate
10issued under s. 49.45 (2) (a) 11., 146.50 (5) (a) or (b), (6g) (a) or (8) (a), 250.05 (5),
11252.23 (2), 252.24 (2), 254.176 (1) or (3) (a), 254.178 (2) (a), 254.20 (2), (3) or (4), 254.47
12(1), 254.64 (1) (a) or (b), 254.71 (2) or 255.08 (2).
SB494-SSA2,66,1313
5. A business tax registration certificate issued under s. 73.03 (50).
SB494-SSA2,66,1514
6. A license, registration, registration certificate or certification specified in s.
1593.135 (1).
SB494-SSA2,66,1716
7. A license, permit or certificate of certification or registration specified in s.
17101.02 (21) (a).
SB494-SSA2,66,1818
8. A license issued under s. 102.17 (1) (c), 104.07 or 105.05.
SB494-SSA2,66,1919
10. A certificate issued under s. 103.275, 103.91 or 103.92.
SB494-SSA2,66,2020
11. A license or permit issued under chs. 115 and 118.
SB494-SSA2,66,2221
12. A license or certificate of registration issued under s. 138.09, 138.12, 217.06,
22218.01, 218.02, 218.04, 218.05 or 224.72 or subch. III of ch. 551.
SB494-SSA2,66,2323
13. A permit issued under s. 170.12.
SB494-SSA2,66,2424
14. A certification under s. 165.85.
SB494-SSA2,67,2
115. A license, permit or registration issued under s. 218.01, 218.11, 218.12,
2218.22, 218.32, 218.41, 218.51, 341.51, 343.305 (6), 343.61 or 343.62.
SB494-SSA2,67,33
16. A license, registration or certification specified in s. 299.08 (1) (a).
SB494-SSA2,67,54
17. A license issued under ch. 343 or, with respect to restriction, limitation or
5suspension, an individual's operating privilege, as defined in s. 340.01 (40).
SB494-SSA2,67,66
18. A credential.
SB494-SSA2,67,77
19. A license issued under s. 563.24 or ch. 562.
SB494-SSA2,67,98
20. A license issued under s. 628.04, 632.68 (2) or (4) or 633.14 or a temporary
9license issued under s. 628.09.
SB494-SSA2,67,1010
21. A license to practice law.
SB494-SSA2,67,1311
(e) "Licensing agency" means a board, office or commissioner, department or
12division within a department that grants or issues a license, but does not include a
13credentialing board.
SB494-SSA2,67,1514
(em) "Licensing authority" means the supreme court or the Lac du Flambeau
15band of the Lake Superior Chippewa.
SB494-SSA2,67,1816
(f) "Subpoena or warrant" means a subpoena or warrant issued by the
17department of workforce development or a child support agency and relating to
18paternity or support proceedings.
SB494-SSA2,67,2019
(g) "Support" means child or family support, maintenance, birth expenses,
20medical expenses or other expenses related to the support of a child or former spouse.
SB494-SSA2,68,3
21(2) (a) The department of workforce development shall establish a system, in
22accordance with federal law, under which a licensing authority is requested, and a
23licensing agency or credentialing board is required, to restrict, limit, suspend,
24withhold, deny, refuse to grant or issue or refuse to renew or revalidate a license in
25a timely manner upon certification by and in cooperation with the department of
1workforce development, if the individual holding or applying for the license is
2delinquent in making court-ordered payments of support or fails to comply, after
3appropriate notice, with a subpoena or warrant.
SB494-SSA2,68,74
(b) Under the system, the department of workforce development shall enter
5into a memorandum of understanding with a licensing authority, if the licensing
6authority agrees, and with a licensing agency. A memorandum of understanding
7under this paragraph shall address at least all of the following:
SB494-SSA2,68,208
1. The circumstances under which the licensing authority or the licensing
9agency must restrict, limit, suspend, withhold, deny, refuse to grant or issue or refuse
10to renew or revalidate a license and guidelines for determining the appropriate
11action to take. The memorandum of understanding with the department of
12regulation and licensing shall include the circumstances under which the
13department of regulation and licensing shall direct a credentialing board to restrict,
14limit, suspend, withhold, deny or refuse to grant a credential and guidelines for
15determining the appropriate action to take. The guidelines under this subdivision
16for determining the appropriate action to take shall require the consideration of
17whether the action is likely to have an adverse effect on public health, safety or
18welfare or on the environment, and of whether the action is likely to adversely affect
19individuals other than the individual holding or applying for the license, such as
20employes of that individual.
SB494-SSA2,68,2221
2. Procedures that the department of workforce development shall use for
22doing all of the following:
SB494-SSA2,69,523
a. Certifying to the licensing authority or licensing agency a delinquency in
24support or a failure to comply with a subpoena or warrant. The memorandum of
25understanding with the department of regulation and licensing shall include
1procedures for the department of regulation and licensing to notify a credentialing
2board that a certification of delinquency in support or failure to comply with a
3subpoena or warrant has been made by the department of workforce development
4with respect to an individual who holds or applied for a credential granted by the
5credentialing board.
SB494-SSA2,69,76
b. Notifying an individual who is delinquent in making court-ordered
7payments of support under sub. (3) (a).
SB494-SSA2,69,98
bg. Notifying an individual who is delinquent in making court-ordered
9payments of support and who fails to request a hearing under sub. (3) (am).
SB494-SSA2,69,1110
br. Notifying an individual who fails to comply with a subpoena or warrant
11under sub. (3) (b).
SB494-SSA2,69,1912
c. Notifying the licensing authority or licensing agency that an individual has
13paid delinquent support or made satisfactory alternative payment arrangements or
14satisfied the requirements under a subpoena or warrant. The memorandum of
15understanding with the department of regulation and licensing shall include
16procedures for the department of regulation and licensing to notify a credentialing
17board that an individual who holds or applied for a credential granted by the
18credentialing board has paid delinquent support or made satisfactory alternative
19payment arrangements or satisfied the requirements under a subpoena or warrant.
SB494-SSA2,69,2120
3. Procedures that the licensing authority or licensing agency shall use for
21doing all of the following:
SB494-SSA2,70,222
a. Restricting, limiting, suspending, withholding, denying, refusing to grant or
23issue or refusing to renew or revalidate a license. The memorandum of
24understanding with the department of regulation and licensing shall include
1procedures for the department of regulation and licensing to direct a credentialing
2board to restrict, limit, suspend, withhold, deny or refuse to grant a credential.
SB494-SSA2,70,33
b. Notifying an individual of action taken under sub. (3) (c) 2.
SB494-SSA2,70,174
c. Issuing or reinstating a license if the department of workforce development
5notifies the licensing authority or licensing agency that an individual who was
6delinquent in making court-ordered payments of support has paid the delinquent
7support or made satisfactory alternative payment arrangements or that an
8individual who failed to comply with a subpoena or warrant has satisfied the
9requirements under the subpoena or warrant. The memorandum of understanding
10with the department of regulation and licensing shall include procedures for the
11department of regulation and licensing to direct a credentialing board to grant or
12reinstate a credential if the department of workforce development notifies the
13department of regulation and licensing that an individual who holds or applied for
14a credential granted by the credentialing board has paid the delinquent support or
15made satisfactory alternative payment arrangements or that an individual who
16failed to comply with a subpoena or warrant has satisfied the requirements under
17the subpoena or warrant.