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2017 - 2018 LEGISLATURE
SENATE AMENDMENT 2,
TO SENATE BILL 397
October 30, 2017 - Offered by Senator Wanggaard.
SB397-SA2,1,11 At the locations indicated, amend the bill as follows:
SB397-SA2,1,2 21. Page 2, line 12: delete lines 12 to 24 and substitute:
SB397-SA2,1,3 3 Section 3m. 812.35 (6) of the statutes is amended to read:
SB397-SA2,2,74 812.35 (6) If the garnishee may become obligated to the debtor for earnings
5earned within pay periods beginning within 13 weeks after the date of service, but
6one or more earnings garnishments against the debtor have already been served on
7the garnishee and not terminated, the garnishee shall retain the earnings
8garnishment form and place the garnishment into effect the pay period after the last
9of any prior earnings garnishments terminates. The garnishee shall
notify the
10debtor of the amount of the garnishment and shall notify the creditor of the amount
11owed on the pending garnishments
that one or more earnings garnishments are in
12effect against the debtor
by the end of the 7th business day after receipt of the
13garnishment form under sub. (3). The garnishee shall recalculate the amount to pay

1to each creditor for which an earnings garnishment remains in effect using the
2procedure under s. 812.39 (1) and shall place the garnishment into effect for the pay
3period falling after the 7th business day after receipt of the garnishment form.
If,
4before the earnings garnishment takes effect, the garnishee determines that it is
5unlikely that the garnishee will continue to be obligated to the debtor for earnings,
6the garnishee shall notify the creditor and court under sub. (5) within 7 business days
7after making that determination.”.
SB397-SA2,2,8 82. Page 3, line 11: after that line insert:
SB397-SA2,2,10 9 Section 4b. 812.39 (1) of the statutes is renumbered 812.39 (1) (intro.) and
10amended to read:
SB397-SA2,2,1811 812.39 (1) (intro.) Between 5 and 10 business days after the payday of each pay
12period in which the debtor's earnings are subject to the earnings garnishment, the
13garnishee shall, subject to subs. (1m) and (2), pay the creditor that portion of the
14debtor's nonexempt disposable earnings to which the creditor is entitled. If the
15debtor's earnings are already being garnished by one or more earnings garnishments
16when the garnishee is served under s. 812.35 (3) (b) by a creditor with a garnishment
17form to recover an amount owed by that debtor, the garnishee shall, subject to subs.
18(1m) and (2), do all of the following:
SB397-SA2,4f 19Section 4f. 812.39 (1) (a) of the statutes is created to read:
SB397-SA2,2,2020 812.39 (1) (a) Determine 20 percent of the debtor's disposable earnings.
SB397-SA2,4k 21Section 4k. 812.39 (1) (b) of the statutes is created to read:
SB397-SA2,2,2322 812.39 (1) (b) Divide the quotient under par. (a) by the total number of
23creditors.
SB397-SA2,4p 24Section 4p. 812.39 (1) (c) of the statutes is created to read:
SB397-SA2,3,1
1812.39 (1) (c) Pay each creditor the amount determined under par. (b).
SB397-SA2,4s 2Section 4s. 812.39 (1m) of the statutes is created to read:
SB397-SA2,3,103 812.39 (1m) (a) Court-ordered garnishment of the debtor's earnings to satisfy
4an order for restitution under s. 973.20 (1r), regardless of the date the garnishee first
5receives notice of the court-ordered garnishment, takes priority over an earnings
6garnishment under this subchapter. Subject to sub. (2), and except as provided in
7par. (b), if the debtor's earnings are subject to garnishment under s. 973.20 (1r), the
8creditor shall not be entitled to an amount greater than 20 percent of the debtor's
9disposable earnings less the amount to be garnished pursuant to court order under
10s. 973.20 (1r).
SB397-SA2,3,1711 (b) If one or more earnings garnishments are in effect for a debtor who owes
12restitution under s. 973.20 (1r), the garnishee shall, if the amount to be garnished
13pursuant to court order under s. 973.20 (1r) is less than 20 percent of the debtor's
14disposable earnings, determine the amount to which each creditor is entitled from
15the difference between 20 percent of the debtor's disposable income and the amount
16to be garnished to satisfy an order for restitution under s. 973.20 (1r) in the manner
17under sub. (1).
SB397-SA2,4w 18Section 4w. 812.39 (2) of the statutes is renumbered 812.39 (2) (a) and
19amended to read:
SB397-SA2,4,220 812.39 (2) (a) Court-ordered assignments of the debtor's earnings for support
21or maintenance under ch. 767, regardless of the date the garnishee first receives
22notice of the assignment, take priority over an earnings garnishment under this
23subchapter. If and take priority over a garnishment to satisfy an order for restitution
24under s. 973.20 (1r). Except as provided in par. (b), if
the debtor's earnings are subject
25to assignment under s. 767.75, the creditor shall not be entitled to an amount greater

1than 25 percent of the debtor's disposable earnings less the amount assigned under
2s. 767.75.
SB397-SA2,4y 3Section 4y. 812.39 (2) (b) of the statutes is created to read:
SB397-SA2,4,114 812.39 (2) (b) If one or more earnings garnishments are in effect for a debtor
5whose earnings are subject to assignment under s. 767.75, the garnishee shall, if the
6sum of the amount assigned under s. 767.75 and the amount to be garnished to
7satisfy an order for restitution under s. 973.20 (1r) are less than 25 percent of the
8debtor's disposable earnings, determine the amount to which each creditor is entitled
9from the difference between 25 percent of the debtor's disposable income and the sum
10of the amount assigned under s. 767.75 and the amount to be garnished to satisfy an
11order for restitution under s. 973.20 (1r) in the manner under sub. (1).”.
SB397-SA2,4,12 123. Page 5, line 11: delete lines 11 to 18 and substitute:
SB397-SA2,4,22 13“5. If the debtor's earnings are already being garnisheed when you receive this
14earnings garnishment, place this earnings garnishment into effect the pay period
15after the last of any prior earnings garnishments terminates. Notify
notify the
16debtor of the amount of the garnishment and notify the creditor of the amount owed
17on the pending garnishments by the end of the 7th business day after you receive
18these forms. If there are no prior pending earnings garnishments against the
19debtor's earnings,
Determine the amount you will pay to each creditor using the
20method described in the section titled “PAYING THE CREDITOR; PAYING
21MULTIPLE CREDITORS” and
place this earnings garnishment into effect the pay
22period that begins at the end of the 7th business day after you receive it.”.
SB397-SA2,4,24 234. Page 6, line 10: after “CREDITOR" insert “; PAYING MULTIPLE
24CREDITORS
".
SB397-SA2,5,4
15. 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-SA2,5,5 56. Page 6, line 22: delete “and" and substitute “and".
SB397-SA2,5,8 67. 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-SA2,5,10 98. Page 6, line 24: after “EXTENSIONS" insert “ EFFECT OF A
10GARNISHMENT TO SATISFY AN ORDER FOR RESTITUTION
".
SB397-SA2,5,11 119. Page 7, line 1: delete “9." and substitute “9.".
SB397-SA2,5,12 1210. Page 7, line 3: delete “If" and substitute “If".
SB397-SA2,6,2 1311. 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
.".
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