AB651,56,109
2. A description of the real property against which the department intends to
10levy.
AB651,56,1211
3. A statement that the obligor may, within 20 business days after the date of
12the notice, request a hearing on the question of whether past-due support is owed.
AB651,56,1413
4. A statement that the hearing may be requested by filing a motion with the
14court issuing the order to pay the support.
AB651,56,1715
5. In notices being provided to known lienholders, a request that the lienholder
16notify the department, within 10 days after receiving the notice under par. (a), of the
17amount of the lienholder's lien on the property.
AB651,57,318
(c)
Hearing. If a hearing is requested under par. (b) 4., the court or family court
19commissioner shall schedule a hearing within 10 business days after receiving the
20request under par. (b) 4. If, at the hearing, the obligor establishes that enforcing a
21lien against the real property would not be proper because of a mistake of fact, the
22court or family court commissioner shall direct the department not to proceed with
23the levy. If a family court commissioner conducts the hearing under this paragraph,
24the department or the obligor may, within 15 business days after the date that the
25family court commissioner made his or her decision, request review of the decision
1by the court with jurisdiction over the action. The court reviewing the decision may
2direct the department not to proceed with the levy or may authorize the sale of the
3property by the department.
AB651,57,174
(d)
Final notice. Unless the department has been directed not to proceed with
5the levy in a hearing under par. (c) or unless the obligor has paid the support owed
6and any levy fees and costs under sub. (11), the department may send to the obligor
7a final notice of intent to seize and sell the property. The final notice may not be sent
8until 20 days after the date of the notice of intent to levy under par. (a) or after any
9requested hearings under par. (c) have been completed. The final notice shall include
10a date by which the obligor must vacate the premises and a date on which the
11property will be sold, unless the obligor pays the support owed and any levy fees and
12costs under sub. (11). The date in the notice by which the obligor must vacate the
13premises must be at least 60 days after the date that the final notice is sent and the
14date of sale must be at least 90 days after the date that the final notice is sent. The
15department shall provide a copy of any final notice under this paragraph to the
16register of deeds in the county where the real property is located. A register of deeds
17receiving a final notice under this paragraph shall file the final notice.
AB651,58,218
(e)
Sale. The department shall publicly advertise the time and place of the sale
19of real property seized under this subsection in the manner specified under s. 815.31
20(1) to (3). The obligor may redeem the property prior to the date of sale by paying the
21full amount of support owed together with any levy fees and costs under sub. (11).
22If the obligor has failed to redeem the property and has failed to vacate the property
23prior to the date specified in the final notice, the department may issue an
24administrative order directing a local law enforcement agency or official to escort the
25obligor and any other residents off the property. The department shall establish
1procedures for conducting sales of property under this paragraph and for issuing
2deeds to property sold under this paragraph.
AB651,58,8
3(8) Duties to surrender; generally. Any person in possession of or obligated
4with respect to property or rights to property that is subject to levy under this section
5and upon which a levy has been made shall, upon demand of the department,
6surrender the property or rights or discharge the obligation to the department,
7except that part of the property or rights that is, at the time of the demand, subject
8to any prior attachment or execution under any judicial process.
AB651,58,11
9(9) Notice. Any notice required to be provided under this section may be
10provided by sending the notice by regular mail to the last-known address of the
11person to whom notice is to be sent.
AB651,58,14
12(11) Levy fees and costs. (a)
Third parties. Any 3rd party is entitled to a levy
13fee of $5 for each levy in any case where property is secured through the levy. The
143rd party shall deduct the fee from the proceeds of the levy.
AB651,58,2015
(b)
The department. The department may assess a collection fee to recover the
16department's costs incurred in levying against property under this section. The
17department shall determine its costs to be paid in all cases of levy. The obligor is
18liable to the department for the amount of the collection fee authorized under this
19paragraph. Fees collected under this paragraph shall be credited to the
20appropriation account under s. 20.445 (1) (L).
AB651,58,24
21(12) Priorities and use of proceeds. (a)
Priorities. A lien on property that is
22entered in the statewide support lien docket has priority over all other liens on the
23property that are unperfected at the time that the lien is entered in the statewide
24support lien docket.
AB651,59,4
1(b)
Use of proceeds. After paying any liens on a property that have priority over
2a lien under this section, the department shall apply all proceeds from a sale of that
3property under this section first against the support in respect to which the levy was
4made and then against levy fees and costs under sub. (11).
AB651,59,75
(c)
Refunds or credits. The department may refund or credit any amount left
6after the applications under par. (a), upon submission of a claim therefor and
7satisfactory proof of the claim, to the person entitled to that amount.
AB651,59,11
8(13) Release of levy; suspension of proceedings to enforce lien. (a)
Release.
9The department may release the levy upon all or part of property levied upon to
10facilitate the collection of the liability or to grant relief from a wrongful levy, but that
11release does not prevent any later levy.
AB651,59,1512
(b)
Settlement. If the county child support agency accepts a plan for the
13payment of support owed by an obligor, the department shall suspend all actions to
14enforce a lien under this section as long as the obligor remains in compliance with
15the payment plan.
AB651,59,19
16(14) Wrongful levy. If the department determines that property has been
17wrongfully levied upon, the department may return the property at any time, or may
18return an amount of money equal to the amount of money, or value of the property,
19levied upon.
AB651,60,10
20(15) Actions against this state. (a)
Commencement of actions. If the
21department has levied upon property, any person, other than the obligor who is liable
22to pay the support out of which the levy arose, who claims an interest in or lien on
23that property and claims that that property was wrongfully levied upon may bring
24a civil action against the state in the circuit court for Dane County. If the county child
25support agency has levied upon property pursuant to delegated authority under sub.
1(17), any person, other than the obligor who is liable to pay the support out of which
2the levy arose, who claims an interest in or lien on that property and claims that that
3property was wrongfully levied upon may bring a civil action against the county child
4support agency in the circuit court for the county where the court order for the
5payment of support, upon which the seizure is based, was first entered or last
6modified. That action may be brought whether or not that property has been
7surrendered to the department or the county child support agency. The court may
8grant only the relief under par. (b). No other action to question the validity of or
9restrain or enjoin a levy by the department or a county child support agency may be
10maintained.
AB651,60,1411
(b)
Remedies. In an action under par. (a), if a levy would irreparably injure
12rights to property, the court may enjoin the enforcement of that levy. If the court
13determines that the property has been wrongfully levied upon, it may grant a
14judgment for the amount of money obtained by levy.
AB651,60,1715
(c)
Validity of determination. For purposes of an adjudication under this
16subsection, the support obligation upon which the lien is based is conclusively
17presumed to be valid.
AB651,60,21
18(17) Delegation and power to contract. (a) The department may delegate any
19duties or powers given to the department under this section to county child support
20agencies, except that the department must approve the initiation of any levy
21proceedings under sub. (7).
AB651,60,2322
(b) The department may contract with a county sheriff to sell property seized
23under subs. (6) and (7).
AB651,60,25
24(18) Preservation of remedies. The availability of the remedies under this
25section does not abridge the right of the department to pursue other remedies.
AB651, s. 68
1Section
68. 49.856 of the statutes is created to read:
AB651,61,2
249.856 Notification of delinquent payments. (1) In this section:
AB651,61,33
(a) "Agency" means the county child support agency under s. 59.53 (5).
AB651,61,44
(b) "Department" means the department of workforce development.
AB651,61,95
(c) "Obligor" means a person who owes a delinquent child support, family
6support or maintenance payment or who owes an outstanding amount that has been
7ordered by a court for past support, medical expenses or birth expenses and that
8delinquent payment or outstanding amount has been certified by the department
9under s. 49.855.
AB651,61,22
10(2) If the department certifies a delinquent payment or outstanding amount
11under s. 49.855 (1) and the obligor receives a judgment against another person or has
12settled a lawsuit against another person that provides for the payment of money, the
13department or agency may send a notice to any person who is ordered to pay the
14judgment, who has agreed to the settlement or who holds the amount of the judgment
15or settlement in trust. The notice shall inform the person that the amount of the
16judgment or settlement due the obligor is subject to a lien by the department for the
17payment of the delinquent payment or outstanding amount certified under s. 49.855.
18The notification shall include the name and address of the obligor and the total
19amount certified under s. 49.855. Upon receipt of a notification, the person receiving
20the notification shall withhold an amount equal to the amount certified under s.
2149.855 before making any payment under the judgment or pursuant to the
22settlement.
AB651,61,25
23(3) When the department or agency notifies a person under sub. (2), the
24department or agency shall send a notice to the last-known address of the obligor.
25The notice shall do all of the following:
AB651,62,5
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 certified
4under s. 49.855 from any lump sum payment that may be paid to the obligor as a
5result of the judgment or settlement.
AB651,62,86
(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 days after receipt of this notice.
AB651,62,129
(c) Inform the obligor that if a hearing is requested under par. (b) the
10department or agency will not require the person withholding the amount to send the
11amount to that department or agency until a final decision is issued in response to
12the request for a hearing.
AB651,62,1413
(d) Request that the obligor inform the department or agency if a bankruptcy
14stay is in effect with respect to the obligor.
AB651,62,19
15(4) If the obligor requests a hearing under sub. (3) (b), the circuit court shall,
16within 10 days after receiving the request, set the matter for a hearing. The only
17issue at the hearing shall be whether the person owes the delinquent payment or
18outstanding amount certified under s. 49.855. A family court commissioner may
19conduct the hearing.
AB651,63,7
20(5) Receipt of a notification by a person under sub. (2) shall constitute a lien,
21equal to the amount certified, on any lump sum payment resulting from a judgment
22or settlement that may be due the obligor. The department or agency shall notify the
23person who received the notification under sub. (2) that the obligor has not requested
24a hearing or, if he or she has requested a hearing, of the results of that hearing, and
25of the responsibilities of the person who received the notification under sub. (2),
1including the requirement to submit the amount certified under s. 49.855. Use of the
2procedures under this section does not prohibit the department or agency from
3attempting to recover the amount certified under s. 49.855 through other legal
4means. The department or agency shall promptly notify any person who receives
5notification under sub. (2) if the amount certified under s. 49.855 has been recovered
6by some other means and no longer must be withheld from the judgment or
7settlement under this section.
AB651, s. 69
8Section
69. 49.857 of the statutes is created to read:
AB651,63,10
949.857 Administrative enforcement of support; denial, nonrenewal,
10restriction and suspension of licenses. (1) In this section:
AB651,63,1211
(a) "Child support agency" means a county child support agency under s. 59.53
12(5).
AB651,63,1413
(b) "Credential" means a license, permit, certificate or registration that is
14granted under chs. 440 to 480.
AB651,63,1715
(c) "Credentialing board" means a board, examining board or affiliated
16credentialing board in the department of regulation and licensing that grants a
17credential.
AB651,63,1818
(d) "License" means any of the following:
AB651,63,1919
1. A license issued under s. 13.63 or a registration issued under s. 13.64.
AB651,63,2020
2. An approval specified in s. 29.09 (11m).
AB651,63,2121
3. A license issued under s. 48.66 (1).
AB651,63,2522
4. A certification, license, training permit, registration, approval or certificate
23issued under s. 49.45 (2) (a) 11., 146.50 (5) (a) or (b), (6g) (a) or (8) (a), 250.05 (5),
24252.23 (2), 252.24 (2), 254.176 (1) or (3) (a), 254.178 (2) (a), 254.20 (2), (3) or (4), 254.47
25(1), 254.64 (1) (a) or (b), 254.71 (2) or 255.08 (2).
AB651,64,1
15. A business tax registration certificate issued under s. 73.03 (50).
AB651,64,32
6. A license, registration, registration certificate or certification specified in s.
393.135 (1).
AB651,64,54
7. A license, permit or certificate of certification or registration specified in s.
5101.02 (21) (a).
AB651,64,66
8. A license issued under s. 102.17 (1) (c), 104.07 or 105.05.
AB651,64,77
9. A permit issued under s. 103.25 or 103.70.
AB651,64,88
10. A certificate issued under s. 103.275, 103.91 or 103.92.
AB651,64,99
11. A license or permit issued under chs. 115 and 118.
AB651,64,1110
12. A license or certificate of registration issued under s. 138.09, 138.12, 217.06,
11218.01, 218.02, 218.04, 218.05 or 224.72 or subch. III of ch. 551.
AB651,64,1212
13. A permit issued under s. 170.12.
AB651,64,1313
14. A certification under s. 165.85.
AB651,64,1514
15. A license, permit or registration issued under s. 218.01, 218.11, 218.12,
15218.22, 218.32, 218.41, 218.51, 341.51, 343.305 (6), 343.61 or 343.62.
AB651,64,1616
16. A license, registration or certification specified in s. 299.08 (1) (a).
AB651,64,1817
17. A license issued under ch. 343 or, with respect to restriction, limitation or
18suspension, an individual's operating privilege, as defined in s. 340.01 (40).
AB651,64,1919
18. A credential.
AB651,64,2020
19. A license issued under s. 563.24 or ch. 562.
AB651,64,2221
20. A license issued under s. 628.04, 632.68 (2) or (4) or 633.14 or a temporary
22license issued under s. 628.09.
AB651,64,2323
21. A license to practice law.
AB651,65,3
1(e) "Licensing agency" means a board, office or commissioner, department or
2division within a department that grants or issues a license, but does not include a
3credentialing board.
AB651,65,64
(f) "Subpoena or warrant" means a subpoena or warrant issued by the
5department of workforce development or a child support agency and relating to
6paternity or support proceedings.
AB651,65,87
(g) "Support" means child or family support, maintenance, birth expenses,
8medical expenses or other expenses related to the support of a child or former spouse.
AB651,65,16
9(2) (a) The department of workforce development shall establish a system, in
10accordance with federal law, under which the supreme court is requested, and a
11licensing agency or credentialing board is required, to restrict, limit, suspend,
12withhold, deny, refuse to grant or issue or refuse to renew or revalidate a license in
13a timely manner upon certification by and in cooperation with the department of
14workforce development, if the individual holding or applying for the license is
15delinquent in making court-ordered payments of support or fails to comply, after
16appropriate notice, with a subpoena or warrant.
AB651,65,2017
(b) Under the system, the department of workforce development shall enter
18into a memorandum of understanding with the supreme court, if the supreme court
19agrees, and with a licensing agency. A memorandum of understanding under this
20paragraph shall address at least all of the following:
AB651,66,321
1. The circumstances under which the supreme court or the licensing agency
22must restrict, limit, suspend, withhold, deny, refuse to grant or issue or refuse to
23renew or revalidate a license and guidelines for determining the appropriate action
24to take. The memorandum of understanding with the department of regulation and
25licensing shall include the circumstances under which the department of regulation
1and licensing shall direct a credentialing board to restrict, limit, suspend, withhold,
2deny or refuse to grant a credential and guidelines for determining the appropriate
3action to take.
AB651,66,54
2. Procedures that the department of workforce development shall use for
5doing all of the following:
AB651,66,136
a. Certifying to the supreme court or licensing agency a delinquency in support
7or a failure to comply with a subpoena or warrant. The memorandum of
8understanding with the department of regulation and licensing shall include
9procedures for the department of regulation and licensing to notify a credentialing
10board that a certification of delinquency in support or failure to comply with a
11subpoena or warrant has been made by the department of workforce development
12with respect to an individual who holds or applied for a credential granted by the
13credentialing board.
AB651,66,1514
b. Notifying an individual who is delinquent in making court-ordered
15payments of support under sub. (3) (a).
AB651,66,1716
bg. Notifying an individual who is delinquent in making court-ordered
17payments of support and who fails to request a hearing under sub. (3) (am).
AB651,66,1918
br. Notifying an individual who fails to comply with a subpoena or warrant
19under sub. (3) (b).
AB651,67,220
c. Notifying the supreme court or licensing agency that an individual has paid
21delinquent support or made satisfactory alternative payment arrangements or
22satisfied the requirements under a subpoena or warrant. The memorandum of
23understanding with the department of regulation and licensing shall include
24procedures for the department of regulation and licensing to notify a credentialing
25board that an individual who holds or applied for a credential granted by the
1credentialing board has paid delinquent support or made satisfactory alternative
2payment arrangements or satisfied the requirements under a subpoena or warrant.
AB651,67,43
3. Procedures that the supreme court or licensing agency shall use for doing all
4of the following:
AB651,67,95
a. Restricting, limiting, suspending, withholding, denying, refusing to grant or
6issue or refusing to renew or revalidate a license. The memorandum of
7understanding with the department of regulation and licensing shall include
8procedures for the department of regulation and licensing to direct a credentialing
9board to restrict, limit, suspend, withhold, deny or refuse to grant a credential.
AB651,67,1010
b. Notifying an individual of action taken under sub. (3) (c) 2.
AB651,67,2311
c. Issuing or reinstating a license if the department of workforce development
12notifies the supreme court or licensing agency that an individual who was delinquent
13in making court-ordered payments of support has paid the delinquent support or
14made satisfactory alternative payment arrangements or that an individual who
15failed to comply with a subpoena or warrant has satisfied the requirements under
16the subpoena or warrant. The memorandum of understanding with the department
17of regulation and licensing shall include procedures for the department of regulation
18and licensing to direct a credentialing board to grant or reinstate a credential if the
19department of workforce development notifies the department of regulation and
20licensing that an individual who holds or applied for a credential granted by the
21credentialing board has paid the delinquent support or made satisfactory alternative
22payment arrangements or that an individual who failed to comply with a subpoena
23or warrant has satisfied the requirements under the subpoena or warrant.
AB651,68,324
d. Issuing or reinstating a license after the maximum time has elapsed if an
25individual who was delinquent in making court-ordered payments of support does
1not pay the delinquent support or make satisfactory alternative payment
2arrangements and if an individual who failed to comply with a subpoena or warrant
3fails to satisfy the requirements under the subpoena or warrant.
AB651,68,54
4. Procedures for the use under the system of social security numbers obtained
5from license applications.
AB651,68,96
5. Procedures for safeguarding the confidentiality of information about an
7individual, including social security numbers obtained by the department of
8workforce development, the supreme court, the licensing agency or a credentialing
9board.
AB651,68,1610
(c) 1. The system shall provide for adequate notice to an individual who is
11delinquent in making court-ordered payments of support, an opportunity for the
12individual to make alternative arrangements for paying the delinquent support, an
13opportunity for the individual to request and obtain a hearing before a court or family
14court commissioner as provided in sub. (3) and prompt reinstatement of the
15individual's license upon payment of the delinquent support or upon making
16satisfactory alternative payment arrangements.
AB651,68,2117
2. The system shall provide for adequate notice to an individual who fails to
18comply with a subpoena or warrant, an opportunity for the individual to satisfy the
19requirements under the subpoena or warrant and prompt reinstatement of the
20individual's license upon satisfaction of the requirements under the subpoena or
21warrant.
AB651,68,2422
(d) Notwithstanding pars. (b) 3. c. and (c), under the system a license may not
23be restricted, limited, suspended, withheld, denied or refused granting, issuing,
24renewing or revalidating for more than 5 years.
AB651,69,6
1(3) (a) Before the department of workforce development certifies to the
2supreme court or a licensing agency under the system established under sub. (2) that
3an individual is delinquent in making court-ordered payments of support, the
4department of workforce development or a child support agency shall provide notice
5to the individual by regular mail. The notice shall inform the individual of all of the
6following:
AB651,69,97
1. That a certification of delinquency in paying support will be made to the
8supreme court, a licensing agency or, with respect to a credential granted by a
9credentialing board, the department of regulation and licensing.
AB651,69,1010
2. When the certification under subd. 1. will occur.
AB651,69,1611
3. That, upon certification, for a period of 5 years any license that the individual
12holds from any licensing agency or credentialing board, or from the supreme court
13if the supreme court agrees, will be restricted, limited, suspended or not renewed or
14revalidated, and any license for which the individual applies or has applied from any
15licensing agency or credentialing board, or from the supreme court if the supreme
16court agrees, will not be granted or issued.