LRBa1295/1
TKK:jld&wlj
2017 - 2018 LEGISLATURE
SENATE AMENDMENT 1,
TO SENATE BILL 397
October 4, 2017 - Offered by Senator Wanggaard.
SB397-SA1,1,11 At the locations indicated, amend the bill as follows:
SB397-SA1,1,2 21. Page 3, line 11: after that line insert:
SB397-SA1,1,4 3 Section 4b. 812.39 (1) of the statutes is renumbered 812.39 (1) (intro.) and
4amended to read:
SB397-SA1,1,125 812.39 (1) (intro.) Between 5 and 10 business days after the payday of each pay
6period in which the debtor's earnings are subject to the earnings garnishment, the
7garnishee shall, subject to subs. (1m) and (2), pay the creditor that portion of the
8debtor's nonexempt disposable earnings to which the creditor is entitled. If the
9debtor's earnings are already being garnished by one or more earnings garnishments
10when the garnishee is served under s. 812.35 (3) (b) by a creditor with a garnishment
11form to recover an amount owed by that debtor, the garnishee shall, subject to subs.
12(1m) and (2), do all of the following:
SB397-SA1,4f 13Section 4f. 812.39 (1) (a) of the statutes is created to read:
SB397-SA1,2,1
1812.39 (1) (a) Determine 20 percent of the debtor's disposable earnings.
SB397-SA1,4k 2Section 4k. 812.39 (1) (b) of the statutes is created to read:
SB397-SA1,2,43 812.39 (1) (b) Divide the quotient under par. (a) by the total number of
4creditors.
SB397-SA1,4p 5Section 4p. 812.39 (1) (c) of the statutes is created to read:
SB397-SA1,2,66 812.39 (1) (c) Pay each creditor the amount determined under par. (b).
SB397-SA1,4s 7Section 4s. 812.39 (1m) of the statutes is created to read:
SB397-SA1,2,158 812.39 (1m) (a) Court-ordered garnishment of the debtor's earnings to satisfy
9an order for restitution under s. 973.20 (1r), regardless of the date the garnishee first
10receives notice of the court-ordered garnishment, takes priority over an earnings
11garnishment under this subchapter. Subject to sub. (2), and except as provided in
12par. (b), if the debtor's earnings are subject to garnishment under s. 973.20 (1r), the
13creditor shall not be entitled to an amount greater than 20 percent of the debtor's
14disposable earnings less the amount to be garnished pursuant to court order under
15s. 973.20 (1r).
SB397-SA1,2,2216 (b) If one or more earnings garnishments are in effect for a debtor who owes
17restitution under s. 973.20 (1r), the garnishee shall, if the amount to be garnished
18pursuant to court order under s. 973.20 (1r) is less than 20 percent of the debtor's
19disposable earnings, determine the amount to which each creditor is entitled from
20the difference between 20 percent of the debtor's disposable income and the amount
21to be garnished to satisfy an order for restitution under s. 973.20 (1r) in the manner
22under sub. (1).
SB397-SA1,4w 23Section 4w. 812.39 (2) of the statutes is renumbered 812.39 (2) (a) and
24amended to read:
SB397-SA1,3,8
1812.39 (2) (a) Court-ordered assignments of the debtor's earnings for support
2or maintenance under ch. 767, regardless of the date the garnishee first receives
3notice of the assignment, take priority over an earnings garnishment under this
4subchapter. If and take priority over a garnishment to satisfy an order for restitution
5under s. 973.20 (1r). Except as provided in par. (b), if
the debtor's earnings are subject
6to assignment under s. 767.75, the creditor shall not be entitled to an amount greater
7than 25 percent of the debtor's disposable earnings less the amount assigned under
8s. 767.75.
SB397-SA1,4y 9Section 4y. 812.39 (2) (b) of the statutes is created to read:
SB397-SA1,3,1710 812.39 (2) (b) If one or more earnings garnishments are in effect for a debtor
11whose earnings are subject to assignment under s. 767.75, the garnishee shall, if the
12sum of the amount assigned under s. 767.75 and the amount to be garnished to
13satisfy an order for restitution under s. 973.20 (1r) are less than 25 percent of the
14debtor's disposable earnings, determine the amount to which each creditor is entitled
15from the difference between 25 percent of the debtor's disposable income and the sum
16of the amount assigned under s. 767.75 and the amount to be garnished to satisfy an
17order for restitution under s. 973.20 (1r) in the manner under sub. (1).”.
SB397-SA1,3,21 182. Page 5, line 12: delete the material beginning with “place" and ending with
19“Notify" on line 13 and substitute “place this earnings garnishment into effect the
20pay period after the last of any prior earnings garnishments terminated. Notify

21notify”.
SB397-SA1,3,23 223. Page 6, line 10: after “CREDITOR" insert “; PAYING MULTIPLE
23CREDITORS
".
SB397-SA1,4,4
14. Page 6, line 13: after “pay period." insert “If this earnings garnishment is
2one of 2 or more earnings garnishments issued for this debtor, before paying any
3creditor, first determine 20% of the debtor's disposable earnings for the pay period
4and then divide that amount equally between all creditors.
".
SB397-SA1,4,5 55. Page 6, line 22: delete “and" and substitute “and".
SB397-SA1,4,8 66. Page 6, line 23: delete “garnisheed" and substitute “garnisheed, earnings
7garnished to satisfy an order for restitution under s. 973.20 (1r), this wage
8garnishment, and all other wage garnishments in effect for this debtor
".
SB397-SA1,4,10 97. Page 6, line 24: after “ EXTENSIONS" insert “EFFECT OF A
10GARNISHMENT TO SATISFY AN ORDER FOR RESTITUTION
".
SB397-SA1,4,11 118. Page 7, line 1: delete “ 9." and substitute “9.".
SB397-SA1,4,12 129. Page 7, line 3: delete “ If" and substitute “If".
SB397-SA1,5,2 1310. Page 7, line 7: delete “ the party who paid it to you." and substitute “the
14party who paid it to you earnings payable to a debtor who owes restitution under s.
15973.20 (1r) are being garnished to satisfy an order for restitution, those restitution
16payments take priority over this earnings garnishment. If 20% or more of the
17debtor's disposable earnings are being garnished to satisfy an order for restitution,
18do not pay any part of the debtor's earnings to the creditor. Instead, send the creditor
19a statement of that fact by the end of the 7th business day after you receive these
20forms. If less than 20% of the debtor's earnings are being garnished to satisfy an
21order for restitution, the amount the creditor must be paid is reduced so that the total
22of earnings garnished for restitution and garnished under this earnings

1garnishment and any other earnings garnishments in effect for this debtor does not
2exceed 20% of the debtor's disposable earnings
.".
Loading...
Loading...