AB758, s. 47 5Section 47. 102.83 (1) (a) 1. of the statutes is amended to read:
AB758,43,106 102.83 (1) (a) 1. If an uninsured employer or any individual who is found
7personally liable under sub. (8)
fails to pay to the department any amount owed to
8the department under s. 102.82 and no proceeding for review is pending, the
9department or any authorized representative may issue a warrant directed to the
10clerk of circuit court for any county of the state.
AB758, s. 48 11Section 48. 102.83 (1) (a) 2. of the statutes is amended to read:
AB758,43,1512 102.83 (1) (a) 2. The clerk of circuit court shall enter in the judgment and lien
13docket the name of the uninsured employer or the individual mentioned in the
14warrant and the amount of the payments, interest, costs, and other fees for which
15the warrant is issued and the date when the warrant is entered.
AB758, s. 49 16Section 49. 102.83 (1) (a) 3. of the statutes is amended to read:
AB758,43,2317 102.83 (1) (a) 3. A warrant entered under subd. 2. shall be considered in all
18respects as a final judgment constituting a perfected lien on the uninsured
19employer's
right, title, and interest of the uninsured employer or the individual in
20all of the uninsured employer's that person's real and personal property located in
21the county where the warrant is entered. The lien is effective when the department
22issues the warrant under subd. 1. and shall continue until the amount owed,
23including interest, costs, and other fees to the date of payment, is paid.
AB758, s. 50 24Section 50. 102.83 (1) (a) 4. of the statutes is amended to read:
AB758,44,10
1102.83 (1) (a) 4. After the warrant is entered in the judgment and lien docket,
2the department or any authorized representative may file an execution with the
3clerk of circuit court for filing by the clerk of circuit court with the sheriff of any
4county where real or personal property of the uninsured employer or the individual
5is found, commanding the sheriff to levy upon and sell sufficient real and personal
6property of the uninsured employer or the individual to pay the amount stated in the
7warrant in the same manner as upon an execution against property issued upon the
8judgment of a court of record, and to return the warrant to the department and pay
9to it the money collected by virtue of the warrant within 60 days after receipt of the
10warrant.
AB758, s. 51 11Section 51. 102.83 (1) (b) of the statutes is amended to read:
AB758,44,2012 102.83 (1) (b) The clerk of circuit court shall accept and enter the warrant in
13the judgment and lien docket without prepayment of any fee, but the clerk of circuit
14court shall submit a statement of the proper fee semiannually to the department
15covering the periods from January 1 to June 30 and July 1 to December 31 unless a
16different billing period is agreed to between the clerk and the department. The fees
17shall then be paid by the department, but the fees provided by s. 814.61 (5) for
18entering the warrants shall be added to the amount of the warrant and collected from
19the uninsured employer or the individual when satisfaction or release is presented
20for entry.
AB758, s. 52 21Section 52. 102.83 (2) of the statutes is amended to read:
AB758,45,522 102.83 (2) The department may issue a warrant of like terms, force, and effect
23to any employee or other agent of the department, who may file a copy of the warrant
24with the clerk of circuit court of any county in the state, and thereupon the clerk of
25circuit court shall enter the warrant in the judgment and lien docket and the warrant

1shall become a lien in the same manner, and with the same force and effect, as
2provided in sub. (1). In the execution of the warrant, the employee or other agent
3shall have all the powers conferred by law upon a sheriff, but may not collect from
4the uninsured employer or the individual any fee or charge for the execution of the
5warrant in excess of the actual expenses paid in the performance of his or her duty.
AB758, s. 53 6Section 53. 102.83 (3) of the statutes is amended to read:
AB758,45,117 102.83 (3) If a warrant is returned not satisfied in full, the department shall
8have the same remedies to enforce the amount due for payments, interest, costs, and
9other fees as if the department had recovered judgment against the uninsured
10employer or the individual and an execution had been returned wholly or partially
11not satisfied.
AB758, s. 54 12Section 54. 102.83 (4) of the statutes is amended to read:
AB758,45,1813 102.83 (4) When the payments, interest, costs, and other fees specified in a
14warrant have been paid to the department, the department shall issue a satisfaction
15of the warrant and file it with the clerk of circuit court. The clerk of circuit court shall
16immediately enter the satisfaction of the judgment in the judgment and lien docket.
17The department shall send a copy of the satisfaction to the uninsured employer or
18the individual
.
AB758, s. 55 19Section 55. 102.83 (8) of the statutes is amended to read:
AB758,46,720 102.83 (8) Any officer or director of an uninsured employer that is a corporation
21and any member or manager of an uninsured employer that is a limited liability
22company may be found individually and jointly and severally liable for the payments,
23interest, costs and other fees specified in a warrant under this section if after proper
24proceedings for the collection of those amounts from the corporation or limited
25liability company, as provided in this section, the corporation or limited liability

1company is unable to pay those amounts to the department. The personal liability
2of the officers and directors of a corporation or of the members and managers of a
3limited liability company as provided in this subsection is an independent obligation,
4survives dissolution, reorganization, bankruptcy, receivership, assignment for the
5benefit of creditors, judicially confirmed extension or composition, or any analogous
6situation of the corporation or limited liability company, and shall be set forth in a
7determination or decision issued under s. 102.82.
AB758, s. 56 8Section 56. 102.835 (1) (ad) of the statutes is created to read:
AB758,46,109 102.835 (1) (ad) "Debtor" means an uninsured employer or an individual found
10personally liable under s. 102.83 (8) who owes the department a debt.
AB758, s. 57 11Section 57. 102.835 (2) of the statutes is amended to read:
AB758,46,1912 102.835 (2) Powers of levy and distraint. If any uninsured employer debtor
13who is liable for any debt fails to pay that debt after the department has made
14demand for payment, the department may collect that debt and the expenses of the
15levy by levy upon any property belonging to the uninsured employer debtor. If the
16value of any property that has been levied upon under this section is not sufficient
17to satisfy the claim of the department, the department may levy upon any additional
18property of the uninsured employer debtor until the debt and expenses of the levy
19are fully paid.
AB758, s. 58 20Section 58. 102.835 (4) (a) of the statutes is amended to read:
AB758,46,2321 102.835 (4) (a) Any uninsured employer debtor who fails to surrender any
22property or rights to property that is subject to levy, upon demand by the department,
23is subject to proceedings to enforce the amount of the levy.
AB758, s. 59 24Section 59. 102.835 (4) (c) of the statutes is amended to read:
AB758,47,5
1102.835 (4) (c) When a 3rd party surrenders the property or rights to the
2property on demand of the department or discharges the obligation to the
3department for which the levy is made, the 3rd party is discharged from any
4obligation or liability to the uninsured employer debtor with respect to the property
5or rights to the property arising from the surrender or payment to the department.
AB758, s. 60 6Section 60. 102.835 (5) (a) of the statutes is amended to read:
AB758,47,147 102.835 (5) (a) If the department has levied upon property, any person, other
8than the uninsured employer debtor who is liable to pay the debt out of which the levy
9arose, who claims an interest in or lien on that property, and who claims that that
10property was wrongfully levied upon may bring a civil action against the state in the
11circuit court for Dane County. That action may be brought whether or not that
12property has been surrendered to the department. The court may grant only the
13relief under par. (b). No other action to question the validity of or to restrain or enjoin
14a levy by the department may be maintained.
AB758, s. 61 15Section 61. 102.835 (7) (a) of the statutes is amended to read:
AB758,47,1916 102.835 (7) (a) The department shall apply all money obtained under this
17section first against the expenses of the proceedings and then against the liability
18in respect to which the levy was made and any other liability owed to the department
19by the uninsured employer debtor.
AB758, s. 62 20Section 62. 102.835 (12) of the statutes is amended to read:
AB758,48,921 102.835 (12) Notice before levy. If no proceeding for review permitted by law
22is pending, the department shall make a demand to the uninsured employer debtor
23for payment of the debt which is subject to levy and give notice that the department
24may pursue legal action for collection of the debt against the uninsured employer
25debtor. The department shall make the demand for payment and give the notice at

1least 10 days prior to the levy, personally or by any type of mail service which requires
2a signature of acceptance, at the address of the uninsured employer debtor as it
3appears on the records of the department. The demand for payment and notice shall
4include a statement of the amount of the debt, including costs and fees, and the name
5of the uninsured employer debtor who is liable for the debt. The uninsured
6employer's
debtor's failure to accept or receive the notice does not prevent the
7department from making the levy. Notice prior to levy is not required for a
8subsequent levy on any debt of the same uninsured employer debtor within one year
9after the date of service of the original levy.
AB758, s. 63 10Section 63. 102.835 (13) (a) of the statutes is amended to read:
AB758,48,1311 102.835 (13) (a) The department shall serve the levy upon the uninsured
12employer
debtor and 3rd party by personal service or by any type of mail service
13which requires a signature of acceptance.
AB758, s. 64 14Section 64. 102.835 (13) (b) of the statutes is amended to read:
AB758,48,2215 102.835 (13) (b) Personal service shall be made upon an individual, other than
16a minor or incapacitated person, by delivering a copy of the levy to the uninsured
17employer
debtor or 3rd party personally; by leaving a copy of the levy at the
18uninsured employer's debtor's dwelling or usual place of abode with some person of
19suitable age and discretion residing there; by leaving a copy of the levy at the
20business establishment of the uninsured employer debtor with an officer or employee
21of the uninsured employer debtor; or by delivering a copy of the levy to an agent
22authorized by law to receive service of process.
AB758, s. 65 23Section 65. 102.835 (13) (d) of the statutes is amended to read:
AB758,48,2524 102.835 (13) (d) The uninsured employer's or 3rd party's failure of a debtor or
253rd party
to accept or receive service of the levy does not invalidate the levy.
AB758, s. 66
1Section 66. 102.835 (14) of the statutes is amended to read:
AB758,49,82 102.835 (14) Answer by 3rd party. Within 20 days after the service of the levy
3upon a 3rd party, the 3rd party shall file an answer with the department stating
4whether the 3rd party is in possession of or obligated with respect to property or
5rights to property of the uninsured employer debtor, including a description of the
6property or the rights to property and the nature and dollar amount of any such
7obligation. If the 3rd party is an insurance company, the insurance company shall
8file an answer with the department within 45 days after the service of the levy.
AB758, s. 67 9Section 67. 102.835 (19) of the statutes is amended to read:
AB758,49,1510 102.835 (19) Hearing. Any uninsured employer debtor who is subject to a levy
11proceeding made by the department may request a hearing under s. 102.17 to review
12the levy proceeding. The hearing is limited to questions of prior payment of the debt
13that the department is proceeding against, and mistaken identity of the uninsured
14employer
debtor. The levy is not stayed pending the hearing in any case in which
15property is secured through the levy.
AB758, s. 68 16Section 68. 626.35 (1) of the statutes is amended to read:
AB758,49,2017 626.35 (1) Filing. An insurer who provides a contract under s. 102.31 (1) (a)
18or 102.315 (3), (4), or (5) (a) shall file with the bureau a copy of the contract, or other
19evidence of the contract as designated by the bureau, not more than 60 days after the
20effective date of the contract.
AB758, s. 69 21Section 69. 631.37 (3) of the statutes is amended to read:
AB758,49,2422 631.37 (3) Worker's compensation insurance. Section Sections 102.31 (2)
23applies and 102.315 (10) apply to the termination of worker's compensation
24insurance.
AB758, s. 70 25Section 70. 632.98 of the statutes is amended to read:
AB758,50,2
1632.98 Worker's compensation insurance. Sections 102.31, 102.315, and
2102.62 apply to worker's compensation insurance.
AB758, s. 71 3Section 71. Initial applicability.
AB758,50,44 (1) Employee leasing company liability.
AB758,50,75 (a) Liability. The treatment of sections 102.29 (6m) and 102.315 (2), (3), (4), (5),
6(6), and (8) of the statutes first applies to injuries occurring on the effective date of
7this paragraph.
AB758,50,118 (b) Premiums. The treatment of section 102.315 (9) of the statutes first applies
9to a worker's compensation insurance policy insuring liability under section 102.315
10(2) of the statutes issued, or extended, modified, or renewed, on the effective date of
11this paragraph.
AB758,50,1612 (c) Cancellations, terminations, or nonrenewals. The treatment of section
13102.315 (10) of the statutes first applies to a worker's compensation insurance policy
14insuring liability under section 102.315 (2) of the statutes whose cancellation or
15termination date is 30 days after the effective date of this paragraph or whose
16nonrenewal date is 60 days after the effective date of this paragraph.
AB758,50,1717 (2) Prescription drug charge dispute resolution.
AB758,50,2118 (a) Disputes. The treatment of sections 102.425 (4) (b) and (4m) of the statutes
19first applies to prescription drug, as defined in section 102.425 (1) (h) of the statutes,
20charge disputes submitted to department of workforce development on the effective
21date of this paragraph.
AB758,50,2422 (b) Orders. The treatment of sections 102.16 (1m) (c) and 102.18 (1) (bg) 3. of
23the statutes first applies to orders under section 102.16 (1) or 102.18 (1) (b) of the
24statutes issued on the effective date of this paragraph.
AB758,51,3
1(3) Christian Science treatment. The treatment of section 102.42 (1) and (4)
2of the statutes first applies to Christian Science treatment provided on the effective
3date of this subsection.
AB758,51,64 (4) Illegally employed minors. The treatment of section 102.64 (2) of the
5statutes first applies to a proceeding under section 102.60 of the statutes commenced
6on the effective date of this subsection.
AB758,51,97 (5) Third-party liability. The renumbering and amendment of section 102.29
8(6) of the statutes and the creation of section 102.29 (6) (a), (b) 2. and 3., and (c) of
9the statutes first apply to injuries occurring on the effective date of this subsection.
AB758,51,1310 (6) Interest credit. The treatment of section 102.32 (intro.), (1), (2), (3), (4), (5),
11and (6m) of the statutes first applies to a party that is discharged from or compelled
12to guarantee future compensation payments or that is directed to make an advance
13payment of compensation on the effective date of this subsection.
AB758,51,1614 (7) Liens for uninsured employer payments. The treatment of section 102.83
15(1) (a) 3. of the statutes first applies to a lien under that subdivision that takes effect
16on the effective date of this subsection.
AB758,51,1917 (8) Attorney fees. The treatment of section 102.26 (2) of the statutes first
18applies to a claim that is compromised or adjudged on the effective date of this
19subsection.
AB758,51,2020 (End)
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