SB399,27,218
4. The department or any authorized representative
of the department may
19thereafter file an execution with the clerk of circuit court for filing by the clerk of
20circuit court with the sheriff of any county where real or personal property of the
21employing unit or individual is found person is located, commanding the sheriff to
22levy upon and sell sufficient real and personal property of the
employing unit or
23individual person located in that county to pay the amount stated in the warrant in
24the same manner as upon an execution against property issued upon the judgment
1of a court of record, and to return the warrant to the department and pay to it the
2money collected by virtue thereof within 60 days after receipt of the warrant.
SB399,27,123
(b) The clerk of circuit court shall accept, file
, and enter each warrant under
4par. (a) and each satisfaction, release, or withdrawal under subs. (5), (6), and (8m)
5in the judgment and lien docket without prepayment of any fee, but the clerk of
6circuit court shall submit a statement of the proper fee semiannually to the
7department covering the periods from January 1 to June 30 and July 1 to December
831 unless a different billing period is agreed to between the clerk of circuit court and
9the department. The fees shall then be paid by the department, but the fees provided
10by s. 814.61 (5) for entering the warrants shall be added to the amount of the warrant
11and collected from the
employing unit or individual
person when satisfaction or
12release is presented for entry.
SB399,53
13Section
53. 108.22 (2) (c) of the statutes is created to read:
SB399,27,2014
108.22
(2) (c) At least 15 days before issuing any warrant to a person under par.
15(a), the department shall issue a demand to the person for payment of the amounts
16owed and give written or electronic notice that the department may issue a warrant.
17The refusal or failure of the person to receive the notice does not prevent the
18department from issuing the warrant. The department is only required to give the
19notice required under this paragraph to a person the first time the department issues
20a warrant to the person, and not for any subsequent warrant issued to that person.
SB399,54
21Section
54. 108.22 (3) of the statutes is renumbered 108.22 (3) (a) and
22amended to read:
SB399,28,623
108.22
(3) (a)
The department may issue a warrant of like terms, force, and effect
24to any employee or other agent of the department, who may file a copy of such warrant
25with the clerk of circuit court of any county in the state, and thereupon such the clerk
1shall enter the warrant in the judgment and lien docket and the warrant shall become
2a lien in the same manner, and with have the same force and effect, as is provided in
3sub. (2). In the execution of the warrant, the employee or other agent shall have all
4the powers conferred by law upon a sheriff, but shall not be entitled to collect from the
5employer person any fee or charge for the execution of the warrant in excess of the
6actual expenses paid in the performance of his or her duty.
SB399,55
7Section
55. 108.22 (3) (b) of the statutes is created to read:
SB399,28,148
108.22
(3) (b) In executing a warrant under par. (a), the employee or agent may
9conduct, or may engage a 3rd party to conduct, an execution sale of property in any
10county of this state and may sell, or may engage a 3rd party to sell, the property in
11any manner that, in the discretion of the department, will bring the highest net bid
12or price, including an Internet-based auction or sale. The cost of conducting each
13auction or sale shall be reimbursed to the department out of the proceeds of the
14auction or sale.
SB399,56
15Section
56. 108.22 (4) of the statutes is amended to read:
SB399,28,2016
108.22
(4) If a warrant
be
is returned not satisfied in full, the department shall
17have the same remedies to enforce the amount due
for contributions, interest, and
18costs and other fees as if the department had recovered judgment against the
19employing unit person for the same and an execution
is returned wholly or partially
20not satisfied.
SB399,57
21Section
57. 108.22 (5) of the statutes is amended to read:
SB399,29,222
108.22
(5) When the
contributions amounts set forth in a warrant together
23with interest and other fees to
the date of payment and all costs due the department
24have been paid
to it, the department shall issue a satisfaction of the warrant and file
25it with the clerk of circuit court. The clerk of circuit court shall immediately enter
1a satisfaction of the judgment on the judgment and lien docket. The department
2shall send a copy of the satisfaction to the
employer person.
SB399,58
3Section
58. 108.22 (8) (b) 1. (intro.) and a. of the statutes are consolidated,
4renumbered 108.22 (8) (b) and amended to read:
SB399,29,95
108.22
(8) (b) To recover any overpayment to an individual
which that is not
6otherwise repaid or recovery of which has not been waived, the department may
7recoup the amount of the overpayment by
: a. Deducting
, in addition to its other
8remedies in this chapter, deducting the amount of the overpayment from benefits the
9individual would otherwise be eligible to receive
;
.
SB399,59
10Section
59. 108.22 (8) (b) 1. b. to d. of the statutes are repealed.
SB399,60
11Section
60. 108.22 (8) (b) 2. of the statutes is repealed.
SB399,61
12Section
61. 108.22 (8) (b) 3. of the statutes is repealed.
SB399,62
13Section
62. 108.22 (8) (bh) of the statutes is repealed.
SB399,63
14Section
63
. 108.22 (8) (d) of the statutes is created to read:
SB399,29,1615
108.22
(8) (d) The department may not collect any interest on any benefit
16overpayment.
SB399,64
17Section
64. 108.22 (9) of the statutes is amended to read:
SB399,30,2018
108.22
(9) An individual
Any person who is an officer, employee, member,
19manager, partner, or other responsible person
holding at least 20 percent of the
20ownership interest of a corporation, limited liability company, or other business
21association subject to this chapter of an employer, and who has control or supervision
22of or responsibility for filing any required contribution reports or making payment
23of
contributions amounts due under this chapter, and who willfully fails to file such
24reports or to make such payments to the department, or to ensure that such reports
25are filed or that such payments are made, may be found personally liable for
such
1those amounts
, including interest, tardy payment or filing fees, costs and other fees, 2in the event that after proper proceedings for the collection of
such those amounts,
3as provided in this chapter, the
corporation, limited liability company, or other
4business association employer is unable to pay
such those amounts to the
5department.
Ownership interest of a corporation, limited liability company, or other
6business association includes ownership or control, directly or indirectly, by legally
7enforceable means or otherwise, by the individual, by the individual's spouse or
8child, by the individual's parent if the individual is under age 18, or by a combination
9of 2 or more of them, and such ownership interest of a parent corporation, limited
10liability company, or other business association of which the corporation, limited
11liability company, or other business association unable to pay such amounts is a
12wholly owned subsidiary. The personal Personal liability
of such officer, employee,
13member, manager, partner, or other responsible person as provided in this
14subsection survives dissolution, reorganization, bankruptcy, receivership,
15assignment for the benefit of creditors, judicially confirmed extension or
16composition, or any analogous situation of the
corporation, limited liability company,
17or other business association employer and shall be set forth in a determination or
18decision issued under s. 108.10.
An appeal or review of a determination under this
19subsection shall not include an appeal or review of determinations of amounts owed
20by the employer.
SB399,65
21Section
65. 108.22 (10) of the statutes is created to read:
SB399,31,1022
108.22
(10) A private agency that serves as a fiscal agent under s. 46.2785 or
23contracts with a fiscal intermediary to serve as a fiscal agent under s. 46.27 (5) (i),
2446.272 (7) (e), or 47.035 as to any individual performing services for a person
25receiving long-term support services under s. 46.27 (5) (b), 46.272 (7) (b), 46.275,
146.277, 46.278, 46.2785, 46.286, 46.495, 51.42, or 51.437 or personal assistance
2services under s. 47.02 (6) (c) may be found jointly and severally liable for the
3amounts owed by the person under this chapter, if, at the time the person's quarterly
4report is due under this chapter, the private agency served as a fiscal agent for the
5person. The liability of the agency as provided in this subsection survives
6dissolution, reorganization, bankruptcy, receivership, assignment for the benefit of
7creditors, judicially confirmed extension or composition, or any analogous situation
8of the person and shall be set forth in a determination or decision issued under s.
9108.10. An appeal or review of a determination under this subsection shall not
10include an appeal or review of determinations of amounts owed by the person.
SB399,66
11Section
66. 108.22 (11) of the statutes is created to read:
SB399,31,1312
108.22
(11) (a) The department may recover its actual costs, disbursements,
13expenses, and fees incurred in recovering any amount due under this chapter.
SB399,31,1514
(b) The department may charge and recover the costs related to payments made
15to the department by debit card, credit card, or another payment method.
SB399,67
16Section
67. 108.223 (1) (br) of the statutes is amended to read:
SB399,31,2017
108.223
(1) (br) “Debtor" means a debtor, as defined in s. 108.225 (1) (c), whose
18debt has been finally determined under this chapter and is not subject to further
19appeal and for whom, with respect to a debt, a warrant has been issued under s.
20108.22 (2)
, or (3)
or (8).
SB399,68
21Section
68. 108.225 (1) (b) of the statutes is amended to read:
SB399,32,322
108.225
(1) (b) “Debt" means
a delinquent contribution or repayment of a
23benefit overpayment, a delinquent assessment under s. 108.04 (11) (cm) or 108.19
24(1m), a liability incurred under s. 108.04 (11) (bh), an erroneous payment from the
25fund recovered under s. 108.245, or any liability of a 3rd party for failure to surrender
1to the department property or rights to property subject to levy after proceedings
2under sub. (4) (b) and s. 108.10 to determine that liability
any amount due under this
3chapter.
SB399,69
4Section
69. 108.225 (4) (b) of the statutes is amended to read:
SB399,32,165
108.225
(4) (b)
Any 3rd party
The department may assess a person who fails
6to
surrender any property or rights to property subject to levy, upon demand of the
7department, is subject to proceedings to enforce the levy. The 3rd party is not liable
8to the department under this paragraph for more than 25 percent
comply with sub.
9(3) a penalty in the amount of 50 percent of the debt. The department shall serve a
10final demand as provided under sub. (13) on any
3rd party person who fails to
11surrender property. Proceedings shall not be initiated by the department until 5
12days after service of the final demand comply with sub. (3). The department shall
13issue a determination under s. 108.10 to the
3rd party person for the amount of the
14liability assessment under this subsection no sooner than 7 days after service of the
15final demand. Assessments under this subsection shall be deposited in the
16unemployment program integrity fund.
SB399,70
17Section
70. 815.29 (1) of the statutes is amended to read:
SB399,33,718
815.29
(1) No execution sale of personal property shall be made unless 20 days
19previous notice of such sale has been given by posting a notice thereof in one public
20place of the town or municipality where such sale is to be had and, if the county where
21such sale is to be had maintains a Web site, by posting a notice on the Web site. If
22the town or municipality where such sale is to be had maintains a Web site, the town
23or municipality may also post a notice on its Web site. The notice shall specify the
24time and place of sale but when any property seized is likely to perish or depreciate
25in value before the expiration of the 20 days the court or a judge may order the same
1to be sold in such manner and upon such terms as the best interests of the parties
2demand. Every such sale shall be made at auction between the hours of 9 a.m. and
35 p.m. and no property shall be sold unless it is in view of those attending the sale,
4except as provided in
s. ss. 71.91 (5) (c) 2.
and 108.22 (3) (b) and in the case of the sale
5of the interest of the judgment debtor in property in the possession of a secured party.
6It shall be offered for sale in such lots and parcels as is calculated to bring the highest
7price.
SB399,71
8Section
71.
Nonstatutory provisions.
SB399,33,129
(1) The authorized FTE positions for the department of workforce development,
10funded from the appropriation under section 20.445 (1) (v) of the statutes, are
11increased by 5.0 SEG positions for the purpose of conducting program integrity
12activities.
SB399,34,1113
(2) Notwithstanding
Section 72 (4) of this act and section 108.22 (1m) of the
14statutes, as affected by this act, if any person owes any contributions,
15reimbursements or assessments under section 108.15, 108.151, 108.155, or 108.19
16(1m) of the statutes, benefit overpayments, interest, fees, payments for forfeitures,
17other penalties, or any other amount to the department of workforce development
18under chapter 108 of the statutes and has failed to pay the amount owed, the
19department has a perfected lien upon the right, title, and interest in all of the
20person's real and personal property located in this state in the amount finally
21determined to be owed, plus costs. Except where creation of a lien is barred or stayed
22by bankruptcy or other insolvency law, the lien is effective on the effective date of this
23subsection and shall continue until the amount owed, plus costs and interest to the
24date of payment, is paid, except as provided in section 108.22 (8) (d) of the statutes,
25as created by this act. If a lien is initially barred or stayed by bankruptcy or other
1insolvency law, it shall become effective immediately upon expiration or removal of
2such bar or stay. The perfected lien does not give the department priority over
3lienholders, mortgagees, purchasers for value, judgment creditors, and pledges
4whose interests have been recorded before the department's lien is recorded. This
5subsection applies only to amounts that first became due or were determined to be
6owed prior to the effective date of this subsection and that remain unpaid as of the
7effective date of this subsection, except that this subsection does not affect a lien that
8was created, before the effective date of this subsection, under section 108.22 (1m),
92015 stats., or any predecessor statute. A lien created under this subsection shall
10otherwise be considered a lien under section 108.22 (1m) of the statutes, as affected
11by this act.
SB399,34,1512
(3)
A warrant issued under section 108.22 (2), 2015 stats., or any predecessor
13statute that has not been satisfied or released as of the effective date of this
14subsection shall remain effective and shall otherwise be considered to be a warrant
15issued under section 108.22 (2), as affected by this act.
SB399,34,2016
(4)
The department of workforce development shall send a notice to the
17legislative reference bureau when a rule promulgated by the department of
18workforce development that is based on scope statement 046-17 is filed with the
19legislative reference bureau under section 227.20 of the statutes, if filed before the
20first day of the 36th month beginning after publication.
SB399,72
21Section
72
.
Initial applicability.
SB399,34,2422
(1) The treatment of section 108.04 (1) (hm) and (hr) of the statutes first applies
23to determinations issued under section 108.09 or 108.10 of the statutes on the
24effective date of this subsection.
SB399,35,3
1(2)
The treatment of section 108.05 (3) (d) of the statutes first applies to
2determinations issued under section 108.09 of the statutes on the effective date of
3this subsection.
SB399,35,64
(3)
The treatment of section 108.133 (4) (c) of the statutes first applies with
5respect to submissions made by employing units under section 108.133 (4) (a) of the
6statutes on the effective date of this subsection.
SB399,35,97
(4)
The treatment of section 108.22 (1m) of the statutes first applies to amounts
8that first become due or that are determined to be owed on the effective date of this
9subsection.
SB399,35,1210
(5) The treatment of section 108.22 (9) of the statutes first applies to
11determinations of personal liability under section 108.22 (9) of the statutes issued
12under section 108.10 of the statutes on the effective date of this subsection.
SB399,73
13Section
73.
Effective dates. This act takes effect on the first Sunday after
14publication, except as follows:
SB399,35,1715
(1)
The treatment of sections 108.05 (3) (d) and 108.133 (4) (c) of the statutes
16and
Section 72 (2) and (3) of this act take effect on January 7, 2018, or on the first
17Sunday after publication, whichever occurs later.
SB399,35,2218
(2)
The treatment of sections 108.04 (8) (b) and 108.133 (1) (a) and (ag), (2)
19(intro.), (a) 1., 2., 3., 4., and 5. and (b), (3) (a), (b), (c), and (d), and (4) (a) of the statutes
20takes effect on the date that a rule promulgated by the department of workforce
21development that is based on scope statement 046-17 takes effect, or on the first day
22of the 36th month beginning after publication, whichever occurs first.