2017 Wisconsin Act 157

108.22 (8) (b) To recover any overpayment to an individual which that is not otherwise repaid or recovery of which has not been waived, the department may recoup the amount of the overpayment by: a. Deducting , in addition to its other remedies in this chapter, deducting the amount of the overpayment from benefits the individual would otherwise be eligible to receive;.

157,59 Section 59. 108.22 (8) (b) 1. b. to d. of the statutes are repealed.

157,60 Section 60. 108.22 (8) (b) 2. of the statutes is repealed.

157,61 Section 61. 108.22 (8) (b) 3. of the statutes is repealed.

157,62 Section 62. 108.22 (8) (bh) of the statutes is repealed.

157,63 Section 63 . 108.22 (8) (d) of the statutes is created to read:

108.22 (8) (d) The department may not collect any interest on any benefit overpayment.

157,64 Section 64. 108.22 (9) of the statutes is amended to read:

108.22 (9) An individual Any person who is an officer, employee, member, manager, partner, or other responsible person holding at least 20 percent of the ownership interest of a corporation, limited liability company, or other business association subject to this chapter of an employer, and who has control or supervision of or responsibility for filing any required contribution reports or making payment of contributions amounts due under this chapter, and who willfully fails to file such reports or to make such payments to the department, or to ensure that such reports are filed or that such payments are made, may be found personally liable for such those amounts, including interest, tardy payment or filing fees, costs and other fees, in the event that after proper proceedings for the collection of such those amounts, as provided in this chapter, the corporation, limited liability company, or other business association employer is unable to pay such those amounts to the department. Ownership interest of a corporation, limited liability company, or other business association includes ownership or control, directly or indirectly, by legally enforceable means or otherwise, by the individual, by the individual's spouse or child, by the individual's parent if the individual is under age 18, or by a combination of 2 or more of them, and such ownership interest of a parent corporation, limited liability company, or other business association of which the corporation, limited liability company, or other business association unable to pay such amounts is a wholly owned subsidiary. The personal Personal liability of such officer, employee, member, manager, partner, or other responsible person as provided in this subsection survives dissolution, reorganization, bankruptcy, receivership, assignment for the benefit of creditors, judicially confirmed extension or composition, or any analogous situation of the corporation, limited liability company, or other business association employer and shall be set forth in a determination or decision issued under s. 108.10. An appeal or review of a determination under this subsection shall not include an appeal or review of determinations of amounts owed by the employer.

157,65 Section 65. 108.22 (10) of the statutes is created to read:

108.22 (10) A private agency that serves as a fiscal agent under s. 46.2785 or contracts with a fiscal intermediary to serve as a fiscal agent under s. 46.27 (5) (i), 46.272 (7) (e), or 47.035 as to any individual performing services for a person receiving long-term support services under s. 46.27 (5) (b), 46.272 (7) (b), 46.275, 46.277, 46.278, 46.2785, 46.286, 46.495, 51.42, or 51.437 or personal assistance services under s. 47.02 (6) (c) may be found jointly and severally liable for the amounts owed by the person under this chapter, if, at the time the person's quarterly report is due under this chapter, the private agency served as a fiscal agent for the person. The liability of the agency as provided in this subsection survives dissolution, reorganization, bankruptcy, receivership, assignment for the benefit of creditors, judicially confirmed extension or composition, or any analogous situation of the person and shall be set forth in a determination or decision issued under s. 108.10. An appeal or review of a determination under this subsection shall not include an appeal or review of determinations of amounts owed by the person.

157,66 Section 66. 108.22 (11) of the statutes is created to read:

108.22 (11) (a) The department may recover its actual costs, disbursements, expenses, and fees incurred in recovering any amount due under this chapter.

(b) The department may charge and recover the costs related to payments made to the department by debit card, credit card, or another payment method.

157,67 Section 67. 108.223 (1) (br) of the statutes is amended to read:

108.223 (1) (br) “Debtor" means a debtor, as defined in s. 108.225 (1) (c), whose debt has been finally determined under this chapter and is not subject to further appeal and for whom, with respect to a debt, a warrant has been issued under s. 108.22 (2), or (3) or (8).

157,68 Section 68. 108.225 (1) (b) of the statutes is amended to read:

108.225 (1) (b) “Debt" means a delinquent contribution or repayment of a benefit overpayment, a delinquent assessment under s. 108.04 (11) (cm) or 108.19 (1m), a liability incurred under s. 108.04 (11) (bh), an erroneous payment from the fund recovered under s. 108.245, or any liability of a 3rd party for failure to surrender to the department property or rights to property subject to levy after proceedings under sub. (4) (b) and s. 108.10 to determine that liability any amount due under this chapter.

157,69 Section 69. 108.225 (4) (b) of the statutes is amended to read:

108.225 (4) (b) Any 3rd party The department may assess a person who fails to surrender any property or rights to property subject to levy, upon demand of the department, is subject to proceedings to enforce the levy. The 3rd party is not liable to the department under this paragraph for more than 25 percent comply with sub. (3) a penalty in the amount of 50 percent of the debt. The department shall serve a final demand as provided under sub. (13) on any 3rd party person who fails to surrender property. Proceedings shall not be initiated by the department until 5 days after service of the final demand comply with sub. (3). The department shall issue a determination under s. 108.10 to the 3rd party person for the amount of the liability assessment under this subsection no sooner than 7 days after service of the final demand. Assessments under this subsection shall be deposited in the unemployment program integrity fund.

157,70 Section 70. 815.29 (1) of the statutes is amended to read:

815.29 (1) No execution sale of personal property shall be made unless 20 days previous notice of such sale has been given by posting a notice thereof in one public place of the town or municipality where such sale is to be had and, if the county where such sale is to be had maintains a Web site, by posting a notice on the Web site. If the town or municipality where such sale is to be had maintains a Web site, the town or municipality may also post a notice on its Web site. The notice shall specify the time and place of sale but when any property seized is likely to perish or depreciate in value before the expiration of the 20 days the court or a judge may order the same to be sold in such manner and upon such terms as the best interests of the parties demand. Every such sale shall be made at auction between the hours of 9 a.m. and 5 p.m. and no property shall be sold unless it is in view of those attending the sale, except as provided in s. ss. 71.91 (5) (c) 2. and 108.22 (3) (b) and in the case of the sale of the interest of the judgment debtor in property in the possession of a secured party. It shall be offered for sale in such lots and parcels as is calculated to bring the highest price.

157,71 Section 71. Nonstatutory provisions.

(1) The authorized FTE positions for the department of workforce development, funded from the appropriation under section 20.445 (1) (v) of the statutes, are increased by 5.0 SEG positions for the purpose of conducting program integrity activities.

(2) Notwithstanding Section 72 (4) of this act and section 108.22 (1m) of the statutes, as affected by this act, if any person owes any contributions, reimbursements or assessments under section 108.15, 108.151, 108.155, or 108.19 (1m) of the statutes, benefit overpayments, interest, fees, payments for forfeitures, other penalties, or any other amount to the department of workforce development under chapter 108 of the statutes and has failed to pay the amount owed, the department has a perfected lien upon the right, title, and interest in all of the person's real and personal property located in this state in the amount finally determined to be owed, plus costs. Except where creation of a lien is barred or stayed by bankruptcy or other insolvency law, the lien is effective on the effective date of this subsection and shall continue until the amount owed, plus costs and interest to the date of payment, is paid, except as provided in section 108.22 (8) (d) of the statutes, as created by this act. If a lien is initially barred or stayed by bankruptcy or other insolvency law, it shall become effective immediately upon expiration or removal of such bar or stay. The perfected lien does not give the department priority over lienholders, mortgagees, purchasers for value, judgment creditors, and pledges whose interests have been recorded before the department's lien is recorded. This subsection applies only to amounts that first became due or were determined to be owed prior to the effective date of this subsection and that remain unpaid as of the effective date of this subsection, except that this subsection does not affect a lien that was created, before the effective date of this subsection, under section 108.22 (1m), 2015 stats., or any predecessor statute. A lien created under this subsection shall otherwise be considered a lien under section 108.22 (1m) of the statutes, as affected by this act.

(3) A warrant issued under section 108.22 (2), 2015 stats., or any predecessor statute that has not been satisfied or released as of the effective date of this subsection shall remain effective and shall otherwise be considered to be a warrant issued under section 108.22 (2) of the statutes, as affected by this act.

(4) The department of workforce development shall send a notice to the legislative reference bureau when a rule promulgated by the department of workforce development that is based on scope statement 046-17 is filed with the legislative reference bureau under section 227.20 of the statutes, if filed before the first day of the 36th month beginning after publication.

157,72 Section 72 . Initial applicability.

(1) The treatment of section 108.04 (1) (hm) and (hr) of the statutes first applies to determinations issued under section 108.09 or 108.10 of the statutes on the effective date of this subsection.

(2) The treatment of section 108.05 (3) (d) of the statutes first applies to determinations issued under section 108.09 of the statutes on the effective date of this subsection.

(3) The treatment of section 108.133 (4) (c) of the statutes first applies with respect to submissions made by employing units under section 108.133 (4) (a) of the statutes on the effective date of this subsection.

(4) The treatment of section 108.22 (1m) of the statutes first applies to amounts that first become due or that are determined to be owed on the effective date of this subsection.

(5) The treatment of section 108.22 (9) of the statutes first applies to determinations of personal liability under section 108.22 (9) of the statutes issued under section 108.10 of the statutes on the effective date of this subsection.

157,73 Section 73. Effective dates. This act takes effect on the first Sunday after publication, except as follows:

(1) The treatment of sections 108.05 (3) (d) and 108.133 (4) (c) of the statutes and Section 72 (2 ) and (3) of this act take effect on January 7, 2018, or on the first Sunday after publication, whichever occurs later.

(2) The treatment of sections 108.04 (8) (b) and 108.133 (1) (a) and (ag), (2) (intro.), (a) 1., 2., 3., 4., and 5. and (b), (3) (a), (b), (c), and (d), and (4) (a) of the statutes takes effect on the date that a rule promulgated by the department of workforce development that is based on scope statement 046-17 takes effect, or on the first day of the 36th month beginning after publication, whichever occurs first.