AB310, s. 38 13Section 38. 108.22 (1m) of the statutes is amended to read:
AB310,17,214 108.22 (1m) If an employer owes any contributions, reimbursements or
15assessments under s. 108.15 or, 108.151 , or 108.19 (1m), interest, fees, or payments
16for forfeitures or other penalties to the department under this chapter and fails to
17pay the amount owed, the department has a perfected lien upon the employer's right,
18title, and interest in all of its real and personal property located in this state in the
19amount finally determined to be owed, plus costs. Except where creation of a lien is
20barred or stayed by bankruptcy or other insolvency law, the lien is effective when the
21department issues a determination of the amount owed under s. 108.10 (1) and shall
22continue until the amount owed, plus costs and interest to the date of payment, is
23paid. If a lien is initially barred or stayed by bankruptcy or other insolvency law, it
24shall become effective immediately upon expiration or removal of such bar or stay.
25The perfected lien does not give the department priority over lienholders,

1mortgagees, purchasers for value, judgment creditors, and pledges whose interests
2have been recorded before the department's lien is recorded.
AB310, s. 39 3Section 39. 108.22 (8) (b) 1. d. of the statutes is amended to read:
AB310,17,74 108.22 (8) (b) 1. d. If the overpayment results from fraud or failure to report
5earnings
, offsetting the amount of the overpayment against a federal tax refund as
6provided in section 6402 (f) of the federal Internal Revenue Code in effect on June
71, 2009, or a similar federal program.
AB310, s. 40 8Section 40. 108.22 (8) (bh) of the statutes is created to read:
AB310,17,129 108.22 (8) (bh) To recover any penalty under s. 108.04 (11) (bh), the department
10may recoup the amount of the penalty by filing a warrant against the liable
11individual in the same manner as is provided in this section for collecting delinquent
12payments from employers.
AB310, s. 41 13Section 41. 108.225 (1) (b) of the statutes is amended to read:
AB310,17,1814 108.225 (1) (b) "Debt" means a delinquent contribution or repayment of a
15benefit overpayment, an a delinquent assessment under s. 108.04 (11) (cm) or 108.19
16(1m), a liability incurred under s. 108.04 (11) (bh)
, or any liability of a 3rd party for
17failure to surrender to the department property or rights to property subject to levy
18after proceedings under sub. (4) (b) and s. 108.10 to determine that liability.
AB310, s. 42 19Section 42. 108.225 (16) (am) 1. (intro.) of the statutes is amended to read:
AB310,17,2220 108.225 (16) (am) 1. (intro.) In the case of benefit overpayments or a penalty
21imposed under s. 108.04 (11) (bh)
, an individual debtor is entitled to an exemption
22from levy of 80% of the debtor's disposable earnings, except that:
AB310, s. 43 23Section 43. 108.225 (17) of the statutes is amended to read:
AB310,18,224 108.225 (17) Exemptions. The first $1,000 of an account in a depository
25institution is exempt from any levy to recover a benefit overpayment or penalty

1imposed under s. 108.04 (11) (bh)
. No other property is exempt from levy except as
2provided in sub. (16).
AB310, s. 44 3Section 44. 108.24 (1) of the statutes is amended to read:
AB310,18,94 108.24 (1) Any person who knowingly makes a false statement or
5representation to obtain any benefit payment under this chapter, either for himself
6or herself or for any other person, shall be fined not less than $100 nor more than
7$500 or imprisoned not more than 90 days, or both; and each such false statement
8or representation constitutes a separate offense. This penalty is in addition to any
9penalty imposed under s. 108.04 (11) (bh).
AB310, s. 45 10Section 45. Fiscal changes.
AB310,18,1611 (1) There is transferred from the appropriation under section 20.445 (1) (gd)
12of the statutes, as affected by this act, to the unemployment interest payment fund,
13as created by this act, all unencumbered moneys paid to the department of workforce
14development under section 108.19 (1m) of the statutes for assessments made prior
15to the effective date of this subsection and all interest and penalties on those moneys
16collected under section 108.22 of the statutes.
AB310,18,2217 (2) Notwithstanding section 20.445 (1) (gd) of the statutes, as affected by this
18act, there shall be deposited into the unemployment interest payment fund, as
19created by this act, all moneys payable to the department of workforce development
20under section 108.19 (1m) of the statutes for assessments made prior to the effective
21date of this subsection and all interest and penalties on those moneys collected under
22section 108.22 of the statutes.
AB310, s. 46 23Section 46. Initial applicability.
AB310,19,524 (1) The treatment of sections 20.445 (1) (v), 25.17 (1) (xf), 108.04 (11) (a), (b),
25(be), (bh), and (bm), 108.09 (2) (b), (3) (a) 1., and (8) (b), 108.16 (6) (f), 108.19 (1s),

1108.22 (8) (bh), 108.225 (1) (b) (with respect to liabilities incurred under section
2108.04 (11) (bh) of the statutes), (16) (am) 1. (intro.), and (17) and 108.24 (1) of the
3statutes first applies with respect to weeks of employment beginning with the first
4Sunday that follows the 180th day beginning after the effective date of this
5subsection.
AB310,19,116 (2) The treatment of section 108.04 (2) (a) 3. (intro.) and (bm) of the statutes
7first applies with respect to determinations issued under section 108.09 of the
8statutes in the first week beginning after the effective date of this subsection or, in
9relation to determinations that are appealed, to decisions issued under section
10108.09 of the statutes in the first week beginning after the effective date of this
11subsection.
AB310,19,1412 (3) The treatment of sections 108.04 (8) (b) and (13) (cm) and 108.09 (4r) of the
13statutes first applies with respect to weeks of unemployment beginning after the
14effective date of this subsection.
AB310,19,2015 (4) The treatment of section 108.05 (3) (a) (with respect to the reference to
16section 108.05 (3) (b) of the statutes) and (b) of the statutes, the renumbering and
17amendment of section 108.05 (3) (c) of the statutes, and the creation of section 108.05
18(3) (c) 1. to 3. of the statutes first apply with respect to weeks of unemployment
19beginning on the first Sunday that follows the 180th day beginning after the effective
20date of this subsection.
AB310,19,2421 (5) The treatment of section 108.05 (3) (a) (with respect to the reference to
22section 108.05 (3) (dm) of the statutes) and (dm) of the statutes first applies with
23respect to weeks of unemployment beginning on the first Sunday that follows the
24180th day beginning after the effective date of this subsection.
AB310,20,2
1(6) The treatment of section 108.065 (1), (1e), (1m), (2), and (3) of the statutes
2first applies with respect to services performed after December 31, 2011.
AB310,20,53 (7) The treatment of sections 108.16 (6) (L), (6m) (g), and (10) and 108.22 (8)
4(b) 1. d. of the statutes first applies with respect to satisfaction of liabilities
5outstanding on the effective date of this subsection.
AB310,20,76 (8) The treatment of section 108.16 (8) (h) of the statutes first applies with
7respect to transfers of business occurring after December 31, 2011.
AB310,20,118 (9) The treatment of sections 108.22 (1m) and 108.225 (1) (b) (with respect to
9assessments under section 108.19 (1m) of the statutes) of the statutes first applies
10with respect to liabilities on assessments under section 108.19 (1m) of the statutes
11made on and after January 1, 2011.
AB310, s. 47 12Section 47. Effective date.
AB310,20,1313 (1) This act takes effect on the first Sunday after publication.
AB310,20,1414 (End)
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