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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