LRBa0262/1
RPN:kaf:jf
1997 - 1998 LEGISLATURE
SENATE AMENDMENT 2,
TO 1997 SENATE BILL 78
April 2, 1997 - Offered by Senator
C. Potter.
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8"
Section 5m. 778.30 of the statutes is created to read:
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9778.30 Collection of forfeitures and related charges by assignment. (1) 10In addition to the procedures under s. 23.795 or 345.47 or under this chapter for the
11collection of forfeitures, costs, assessments, surcharges or restitution payments if a
12defendant fails to pay the forfeiture, costs, assessment, surcharge or restitution
1payment within the period specified by the circuit court, the court may do any of the
2following:
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(a) Issue a judgment for the unpaid amount and direct the clerk of circuit court
4to file and docket a transcript of the judgment, without fee. If the court issues a
5judgment for the unpaid amount, the clerk of circuit court shall send to the defendant
6at his or her last-known address written notification that a civil judgment has been
7issued for the unpaid forfeiture, costs, assessment, surcharge or restitution
8payment. The judgment has the same force and effect as judgments docketed under
9s. 806.10.
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(b) Issue an order assigning not more than 25% of the defendant's commissions,
11earnings, salaries, wages, pension benefits, benefits under ch. 102 and other money
12due or to be due in the future to the clerk of circuit court for payment of the unpaid
13forfeiture, costs, assessment, surcharge or restitution payment. In this paragraph,
14"employer" includes the state and its political subdivisions.
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(c) Issue an order assigning lottery prizes won by a defendant whose name is
16on the list supplied to the clerk of circuit court under s. 565.30 (5r) (a), for payment
17of the unpaid forfeiture, costs, assessment, surcharge or restitution payment.
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(d) A child support withholding assignment or order listed under s. 767.265 (4)
19has priority over any assignment under this section.
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20(2) (a) 1. Upon entry of the assignment under sub. (1) (b), unless the court finds
21that income withholding is likely to cause the defendant irreparable harm, the clerk
22of circuit court shall provide notice of the assignment by regular mail to the
23last-known address of the person from whom the defendant receives or will receive
24money. If the clerk of circuit court does not receive the money from the person
25notified, the the clerk of circuit court shall provide notice of the assignment to any
1other person from whom the defendant receives or will receive money. Notice of an
2assignment under sub. (1) (b) shall inform the intended recipient that, if a prior
3assignment under sub. (1) (b) has been received relating to the same defendant, the
4recipient is required to notify the clerk of circuit court that sent the subsequent notice
5of assignment that another assignment has already been received. A notice of
6assignment shall include a form permitting the recipient to designate on the form
7that another assignment has already been received.
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2. If, after receiving the annual list under s. 565.30 (5r) (a), the clerk of circuit
9court determines that a person identified in the list may be subject to an assignment
10under sub. (1) (c), the clerk shall inform the court of that determination. If the court
11issues an order under sub. (1) (c), the clerk of circuit court shall send the notice of that
12order to the administrator of the lottery division of the department of revenue,
13including a statement of the amount owed under the judgment and the name and
14address of the person owing the judgment. The court shall notify the administrator
15of the lottery division of the department of revenue when the judgment that is the
16basis of the assignment has been paid in full.
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3. Notice under this paragraph may be a notice of the court, a copy of the
18executed assignment or a copy of that part of the court order which directs payment.
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(b) For each payment made under the assignment under sub. (1) (b), the person
20from whom the defendant under the order receives money shall receive an amount
21equal to the person's necessary disbursements, not to exceed $3, which shall be
22deducted from the money to be paid to the defendant.
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(c) A person who receives notice of the assignment under sub. (1) (b) shall
24withhold the amount specified in the notice from any money that person pays to the
25defendant later than one week after receipt of the notice of assignment. Within 5
1days after the day on which the person pays money to the defendant, the person shall
2send the amount withheld to the clerk of circuit court that provided the notice. If the
3person has already received a notice of an assignment under sub. (1) (b) related to
4the same defendant, the person shall retain the later assignment and withhold the
5amount specified in that assignment after the last of any prior assignments is paid
6in full. Within 10 days of receipt of the later notice, the person shall notify the clerk
7of circuit court that sent the notice that the person has received a prior notice of an
8assignment under sub. (1) (b). Section 241.09 does not apply to assignments under
9this section.
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(d) If after receipt of notice of assignment under par. (a) 1. the person from
11whom the defendant receives money fails to withhold the money or send the money
12to the clerk of circuit court as provided in this subsection, the person may be
13proceeded against under the principal action under ch. 785 for contempt of court or
14may be proceeded against under this chapter and be required to forfeit not less than
15$50 nor more than an amount, if the amount exceeds $50, that is equal to 1% of the
16amount not withheld or sent.
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(e) If an employer who receives notice of an assignment under sub. (1) (b) fails
18to notify the clerk of circuit court within 10 days after an employe is terminated or
19after the employe temporarily or permanently leaves the employer's employment,
20the employer may be proceeded against under the principal action under ch. 785 for
21contempt of court.
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22(3) Compliance by the person from whom the defendant receives money with
23the order under sub. (1) (b) operates as a discharge of the person's liability to the
24defendant as to that portion of the defendant's commissions, earnings, salaries,
25wages, benefits or other money so affected.
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1(4) No employer may use an assignment under sub. (1) (b) as a basis for the
2denial of employment to a defendant, the discharge of an employe or any disciplinary
3action against an employe. An employer who denies employment or discharges or
4disciplines an employe in violation of this subsection may be fined not more than
5$500 and may be required to make full restitution to the aggrieved person, including
6reinstatement and back pay. Restitution shall be in accordance with s. 973.20. An
7aggrieved person may apply to the district attorney or to the department of industry,
8labor and job development for enforcement of this subsection.
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9(5) (a) In this subsection, "payroll period" has the meaning given in s. 71.63 (5).
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(b) If after an assignment of earnings is in effect the defendant's employer
11changes its payroll period, or the defendant changes employers and the new
12employer's payroll period is different from the former employer's payroll period, the
13clerk of circuit court may, unless otherwise ordered by a judge, amend the
14withholding assignment or order so that all of the following apply:
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1. The withholding frequency corresponds to the new payroll period.
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2. The amounts to be withheld reflect the adjustment to the withholding
17frequency.
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(c) The clerk of circuit court shall provide notice of the amended withholding
19assignment or order under this subsection by regular mail to the defendant's
20employer and to the defendant.".
