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2011 - 2012 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2011 ASSEMBLY BILL 182
December 27, 2011 - Offered by Representative Jacque.
AB182-ASA1,1,6 1An Act to renumber and amend 66.0809 (3); to amend 66.0809 (5) (b) 1.,
266.0809 (5) (d) and 565.30 (5r) (b); and to create 66.0809 (3) (c), 66.0809 (6) and
3800.09 (1m) of the statutes; relating to: assignment of income, prizes, and
4earnings to pay a municipal court judgment and the collection and reporting by
5municipal electric or water utilities of certain utility arrearages on rental
6properties.
Analysis by the Legislative Reference Bureau
Under current law, if a person fails to pay a judgment ordered by a municipal
court, the court may do any of the following:
1. Defer any payment of the judgment for a period of time.
2. Allow the person to pay the judgment by making installment payments.
3. Order the person to perform community service work in lieu of paying the
judgment.
4. Suspend the person's driving privileges until the judgment is paid, including
taking possession of the person's license to drive.
This substitute amendment provides the court with another option by allowing
the court to issue an order assigning not more than 25 percent of the person's

earnings, worker's compensation, pension, and other money due to the person, but
not including lottery prizes, to pay an unpaid judgment.
Under current law, a municipal utility may collect arrearages for utility service
provided to lots or parcels of real estate by providing, on October 15, a written notice
of payment due to the owner or occupant of the real estate. The notice must specify
the amount of the arrearage and any penalty and must state the following: 1) that,
if payment is not received by November 1, an additional penalty will be assessed; and
2) that, if payment is not received by November 15, the arrearage amount and any
penalties will become a lien on the property that will be collected as a tax on the
property.
Also under current law, if a municipal utility provides electric or water service
to a rental dwelling unit, the municipal utility may use the arrearage collection
procedure described above only if the municipal utility follows certain additional
procedures for notifying both the owner and the tenant about any payments that are
past due. In addition, the municipal utility may use the arrearage collection
procedure only if the owner of the rental property provides the municipal utility with
written notification of the name and address of the owner, as well as of the tenant
who is responsible for paying for the service. Finally, if requested by the municipal
utility, the owner must provide the municipal utility with a copy of the rental or lease
agreement in which the tenant assumes responsibility for payment of utility charges.
This substitute amendment provides that, if the municipal utility uses the
arrearage collection procedure on a rental dwelling unit, the utility must report the
arrearage and the name and last-known address of the tenant who incurred the
past-due amounts on the consolidated court automation program case management
system when the past-due amounts become a lien on the rental property. Under the
substitute amendment, the owner of the rental property may commence an action in
municipal court to collect the past-due amount from the tenant.
The substitute amendment also permits a municipal utility that provides
service to a tenant of a rental dwelling unit to collect an advance payment from the
tenant as a condition of receiving utility service. The municipal utility must deposit
the advance in an interest-bearing account and must return the advance payment
and any accrued interest (less any deduction for unpaid utility bills) within 21 days
after service is terminated.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB182-ASA1, s. 1 1Section 1. 66.0809 (3) of the statutes is renumbered 66.0809 (3) (a) and
2amended to read:
AB182-ASA1,3,243 66.0809 (3) (a) Except as provided in subs. (4) and (5), on October 15 in each
4year notice shall be given to the owner or occupant of all lots or parcels of real estate

1to which utility service has been furnished prior to October 1 by a public utility
2operated by a town, city or village and payment for which is owing and in arrears at
3the time of giving the notice. The department in charge of the utility shall furnish
4the treasurer with a list of the lots or parcels of real estate for which utility service
5charges are in arrears, and the notice shall be given by the treasurer, unless the
6governing body of the city, village or town authorizes notice to be given directly by
7the department. The notice shall be in writing and shall state the amount of arrears,
8including any penalty assessed pursuant to the rules of the utility; that unless the
9amount is paid by November 1 a penalty of 10 percent of the amount of arrears will
10be added; and that unless the arrears, with any added penalty, are paid by November
1115, the arrears and penalty will be levied as a tax against the lot or parcel of real
12estate to which utility service was furnished and for which payment is delinquent.
13The notice may be served by delivery to either the owner or occupant personally, or
14by letter addressed to the owner or occupant at the post-office address of the lot or
15parcel of real estate. On November 16 the officer or department issuing the notice
16shall certify and file with the clerk a list of all lots or parcels of real estate, giving the
17legal description, for which notice of arrears was given and for which arrears remain
18unpaid, stating the amount of arrears and penalty. Each delinquent amount,
19including the penalty, becomes a lien upon the lot or parcel of real estate to which the
20utility service was furnished and payment for which is delinquent, and the clerk
21shall insert the delinquent amount and penalty as a tax against the lot or parcel of
22real estate. All proceedings in relation to the collection of general property taxes and
23to the return and sale of property for delinquent taxes apply to the tax if it is not paid
24within the time required by law for payment of taxes upon real estate. Under
AB182-ASA1,4,10
1(b) Under this subsection, if an arrearage is for utility service furnished and
2metered by the utility directly to a manufactured home or mobile home unit in a
3licensed manufactured and mobile home community, the notice shall be given to the
4owner of the manufactured home or mobile home unit and the delinquent amount
5becomes a lien on the manufactured home or mobile home unit rather than a lien on
6the parcel of real estate on which the manufactured home or mobile home unit is
7located. A lien on a manufactured home or mobile home unit may be enforced using
8the procedures under s. 779.48 (2). This In this paragraph, "metered" means the use
9of any method to ascertain the amount of service used or the use of a flat rate billing
10method.
AB182-ASA1,4,13 11(d) This subsection does not apply to arrearages collected using the procedure
12under s. 66.0627. In this subsection, "metered" means the use of any method to
13ascertain the amount of service used or the use of a flat rate billing method.
AB182-ASA1, s. 2 14Section 2. 66.0809 (3) (c) of the statutes is created to read:
AB182-ASA1,4,2315 66.0809 (3) (c) 1. Under this subsection, if an arrearage is for utility service
16furnished to a rental dwelling unit and the utility is required to follow the procedures
17under sub. (5) (b) 1., the municipal public utility shall, when a county within which
18the dwelling unit is located maintains a case management system, report the
19arrearage and the name and the last-known address of the tenant who incurred the
20delinquent amounts on the consolidated court automation program case
21management system maintained by the director of state courts at the time the
22delinquent amount becomes a lien upon the lot or parcel of real estate to which the
23utility service was furnished.
AB182-ASA1,5,224 2. The owner of the lot or parcel of real estate to which a lien is attached under
25subd. 1. may commence an action in municipal court to collect the delinquent

1amounts from the tenant who incurred the delinquent amounts using the procedures
2in ch. 800.
AB182-ASA1, s. 3 3Section 3. 66.0809 (5) (b) 1. of the statutes is amended to read:
AB182-ASA1,5,164 66.0809 (5) (b) 1. In order to comply with this subdivision, a municipal public
5utility shall send bills for water or electric service to a customer who is a tenant in
6the tenant's own name. Each time that a municipal public utility notifies a customer
7who is a tenant that charges for water or electric service provided by the utility to
8the customer are past due for more than one billing cycle, the utility shall also serve
9a copy of the notice on the owner of the rental dwelling unit in the manner provided
10in s. 801.14 (2). If a customer who is a tenant vacates his or her rental dwelling unit,
11and the owner of the rental dwelling unit provides the municipal public utility, no
12later than 21 days after the date on which the tenant vacates the rental dwelling
13unit, with a written notice that contains a forwarding address for the tenant and the
14date that the tenant vacated the rental dwelling unit, the utility shall continue to
15send past-due notices to the customer at his or her forwarding address until the
16past-due charges are paid or until notice has been provided under sub. (3) (a).
AB182-ASA1, s. 4 17Section 4. 66.0809 (5) (d) of the statutes is amended to read:
AB182-ASA1,5,2018 66.0809 (5) (d) If this subsection applies and a municipal public utility is
19permitted to collect arrearages under sub. (3), the municipal public utility shall
20provide all notices under sub. (3) (a) to the owner of the property.
AB182-ASA1, s. 5 21Section 5. 66.0809 (6) of the statutes is created to read:
AB182-ASA1,6,422 66.0809 (6) A municipal utility that provides water or electric service to a
23customer who is a tenant of a rental dwelling unit may require the customer to pay
24an advance as a condition of receiving the service. A municipal utility shall deposit
25any advance received under this subsection into an interest-bearing account. When

1the customer terminates water or electric service to the rental dwelling unit, the
2municipal utility shall return the advance and accrued interest, less any deduction
3for unpaid water or electric utility bills, to the customer within 21 days after the date
4that service is terminated to the dwelling unit.
AB182-ASA1, s. 6 5Section 6. 565.30 (5r) (b) of the statutes is amended to read:
AB182-ASA1,6,226 565.30 (5r) (b) Subject to par. (c), if the administrator receives a notice under
7s. 778.30 (2) (a), 800.09 (1) (c), or 973.05 (5) (a) of the assignment of lottery prizes
8under s. 778.30 (1) (c), 800.09 (1) (c), or 973.05 (4) (c) and determines that the person
9subject to the assignment is a winner or assignee of a lottery prize that is payable in
10installments, the administrator shall withhold the amount of the judgment that is
11the basis of the assignment from the next installment payment. The administrator
12shall submit the withheld amount to the court that issued the assignment. At the
13time of the submittal, the administrator shall charge the administrative expenses
14related to that withholding and submittal to the winner or assignee of the lottery
15prize and withhold those expenses from the balance of the installment payment. The
16administrator shall notify the winner or assignee of the reason that the amount is
17withheld from the installment payment. If the initial installment payment is
18insufficient to pay the judgment and administrative expenses, the administrator
19shall withhold and submit to the court an amount from any additional installment
20payments until the judgment and administrative expenses are paid in full and the
21assignment is no longer in effect. The administrative expenses received by the
22department shall be credited to the appropriation under s. 20.566 (1) (h).
AB182-ASA1, s. 7 23Section 7. 800.09 (1m) of the statutes is created to read:
AB182-ASA1,6,2524 800.09 (1m) (a) In this subsection, "employer" includes the state and the
25political subdivisions of the state.
AB182-ASA1,7,5
1(b) The court may issue an order assigning not more than 25 percent of the
2defendant's commissions, earnings, salaries, wages, pension benefits, benefits under
3ch. 102, and other money due or to be due in the future, but not including lottery
4prizes, to the municipal court for payment of the unpaid restitution, forfeiture, costs,
5fees, or surcharges.
AB182-ASA1,7,186 (c) Upon entry of the assignment under par. (b), unless the court finds that
7income withholding is likely to cause the defendant irreparable harm, the court shall
8provide notice of the assignment by regular mail to the last-known address of the
9person from whom the defendant receives or will receive money. If the municipal
10court does not receive the money from the person notified, the court shall provide
11notice of the assignment to any other person from whom the defendant receives or
12will receive money. Notice of an assignment under par. (b) shall inform the intended
13recipient that, if a prior assignment under par. (b) or s. 778.30 (1) or 973.05 (4) has
14been received relating to the same defendant, the recipient is required to notify the
15municipal court that sent the subsequent notice of assignment that another
16assignment has already been received. A notice of assignment shall include a form
17permitting the recipient to designate on the form that another assignment has
18already been received.
AB182-ASA1,7,2019 (d) Notice under this subsection may be a notice of the court, a copy of the
20executed assignment or a copy of that part of the court order that directs payment.
AB182-ASA1,7,2421 (e) For each payment made under the assignment under par. (b), the person
22from whom the defendant under the order receives money shall receive an amount
23equal to the person's necessary disbursements, not to exceed $3, which shall be
24deducted from the money to be paid to the defendant.
AB182-ASA1,8,12
1(f) A person who receives notice of the assignment under this subsection shall
2withhold the amount specified in the notice from any money that person pays to the
3defendant later than one week after receipt of the notice of assignment. Within 5
4days after the day on which the person pays money to the defendant, the person shall
5send the amount withheld to the municipal court of the jurisdiction providing notice.
6If the person has already received a notice of an assignment under this subsection
7or s. 778.30 (2) or 973.05 (5), the person shall retain the later assignment and
8withhold the amount specified in that assignment after the last of any prior
9assignments is paid in full. Within 10 days of receipt of the later notice, the person
10shall notify the municipal court that sent the notice that the person has received a
11prior notice of an assignment under par. (b). Section 241.09 does not apply to
12assignments under this subsection.
AB182-ASA1,8,1913 (g) If after receipt of notice of assignment under this subsection the person from
14whom the defendant receives money fails to withhold the money or send the money
15to the municipal court as provided in this subsection, the person may be proceeded
16against under the principal action under s. 800.12 for contempt of court or may be
17proceeded against under ch. 778 and be required to forfeit not less than $50 nor more
18than an amount, if the amount exceeds $50, that is equal to 1 percent of the amount
19not withheld or sent.
AB182-ASA1,8,2420 (h) If an employer who receives notice of an assignment under this subsection
21fails to notify the municipal court within 10 days after an employee is terminated or
22otherwise temporarily or permanently leaves the employer's employment, the
23employer may be proceeded against under the principal action under s. 800.12 for
24contempt of court.
AB182-ASA1,9,4
1(i) Compliance by the person from whom the defendant receives money with
2the order operates as a discharge of the person's liability to the defendant as to that
3portion of the defendant's commissions, earnings, salaries, wages, benefits, or other
4money so affected.
AB182-ASA1,9,125 (j) No employer may use an assignment under par. (b) as a basis for the denial
6of employment to a defendant, the discharge of an employee, or any disciplinary
7action against an employee. An employer who denies employment or discharges or
8disciplines an employee in violation of this paragraph may be subject to a forfeiture
9of not more than $500 and may be required to make full restitution to the aggrieved
10person, including reinstatement and back pay. Restitution shall be in accordance
11with s. 973.20. An aggrieved person may apply to the district attorney or to the
12department of workforce development for enforcement of this paragraph.
AB182-ASA1,9,1313 (k) 1. In this paragraph, "payroll period" has the meaning given in s. 71.63 (5).
AB182-ASA1,9,1914 2. If after an assignment is in effect the defendant's employer changes its
15payroll period, or the defendant changes employers and the new employer's payroll
16period is different from the former employer's payroll period, the municipal court
17may amend the withholding assignment or order so that the withholding frequency
18corresponds to the new payroll period and the amounts to be withheld reflect the
19adjustment to the withholding frequency.
AB182-ASA1,9,2220 (L) The municipal court shall provide notice of the amended withholding
21assignment or order under par. (k) by regular mail to the defendant's employer and
22to the defendant.
AB182-ASA1, s. 8 23Section 8 . Initial applicability.
AB182-ASA1,9,2524 (1) The treatment of section 66.0809 (5) (b) 1., (d), and (e) of the statutes, the
25renumbering and amendment of section 66.0809 (3) of the statutes, and the creation

1of section 66.0809 (3) (c) of the statutes first apply to arrearages incurred on the
2effective date of this subsection.
AB182-ASA1,10,53 (2) The treatment of section 66.0809 (6) of the statutes first applies to a
4customer who requests water or electric service on the first day of the 2nd month
5beginning after publication.
AB182-ASA1,10,76 (3) The treatment of sections 565.30 (5r) (b) and 800.09 (1m) of the statutes first
7applies to judgments entered on the effective date of this subsection.
AB182-ASA1, s. 9 8Section 9. Effective dates. This act takes effect on the day after publication,
9except as follows:
AB182-ASA1,10,1210 (1) The treatment of sections 565.30 (5r) (b) and 800.09 (1m) of the statutes and
11Section 8 (3) of this act take effect on the first day of the 4th month beginning after
12publication.
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