AB342: Bill Text

AB342,6,2 71.93 (8) (title) Setoff agreements. Upon request by a state agency or political subdivision, the department of revenue may enter into an agreement with individuals who owe debts to the state agency. With the consent of the debtor, the department of revenue may arrange with the debtor's employer for the withholding from the debtor's pay of a specified amount to be applied against the debt.

AB342, s. 17 Section 17. 345.47 (1) (e) of the statutes is created to read:

AB342,6,6 345.47 (1) (e) In addition to or in lieu of imprisonment under par. (a) or suspension under par. (b), the court may order the unpaid judgment certified for setoff under sub. (1d).

AB342, s. 18 Section 18. 345.47 (1d) of the statutes is created to read:

AB342,6,9 345.47 (1d) (a) In this subsection, "political subdivision" has the meaning given in s. 71.93 (1) (cm).

AB342,6,14 (b) If a court orders an unpaid judgment certified for setoff under sub. (1) (e), the political subdivision entitled to the forfeiture portion of the judgment shall certify the unpaid judgment to the department of revenue. At the time of certification, the political subdivision shall submit a $10 fee and furnish the defendant's full name, address and social security number to the department of revenue.

AB342,7,3 (c) Receipt of a certification and $10 fee by the department of revenue shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the defendant. The lien shall be foreclosed by the department of revenue as a setoff under s. 71.93. When the department of revenue determines that the defendant is otherwise entitled to a state tax refund or credit, it shall notify the defendant that the state intends to reduce any state tax refund or credit due the defendant by the amount certified and that the department intends to forward that amount to the political subdivision certifying the judgment. The notice shall provide that within 20 days after the date the notice is mailed, the defendant may request a hearing before the court rendering the judgment. Within 10 days after receiving a request for hearing under this paragraph, the court shall set the matter for hearing upon notice to the defendant and to the political subdivision certifying the judgment. The sole issue at that hearing shall be whether the defendant owes the amount certified.

AB342,7,5 (d) Except as provided by court order after a hearing under par. (c), all of the following shall occur:

AB342,7,9 1. Within 60 days after the date the department of revenue mails the notice under par. (c), and subject to the priorities under s. 71.93 (3), the department of revenue shall send any state tax refund or credit withheld to the political subdivision certifying the judgment.

AB342,7,14 2. Within 20 days after the date a political subdivision receives a withheld tax refund or credit, the officer receiving the withheld tax refund or credit shall distribute the amount withheld to the appropriate municipal or county treasurer. If the amount withheld is less than the full amount certified, the officer shall distribute the amount withheld on a proportional basis.

AB342,7,16 3. The department of revenue shall continue withholding until the amount certified is recovered in full.

AB342,7,19 (e) A political subdivision shall immediately notify the department of revenue of any collection of a judgment that has been certified. The department of revenue shall adjust the certified amount to reflect the amount collected.

AB342, s. 19 Section 19. 800.09 (1) (intro.) of the statutes is amended to read:

AB342,8,4 800.09 (1) Judgment. (intro.) If a municipal court finds a defendant guilty it may render judgment by ordering restitution under s. 800.093 and payment of a forfeiture, the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1) and any applicable domestic abuse assessment imposed by s. 973.055 (1) plus costs of prosecution, including the fee prescribed in s. 814.65 (1). The court shall apply any payment received on a judgment that includes restitution to first satisfy any payment of restitution ordered, then to pay the forfeiture, assessments and costs. If the judgment is not paid, the court may proceed under par. (a), (b) or, (c) or (d) or any combination of those paragraphs, as follows:

AB342, s. 20 Section 20. 800.09 (1) (d) of the statutes is created to read:

AB342,8,7 800.09 (1) (d) The court may order the unpaid judgment certified for setoff under sub. (1m).

AB342, s. 21 Section 21. 800.09 (1m) of the statutes is created to read:

AB342,8,10 800.09 (1m) Certification of unpaid judgments. (a) In this subsection, "political subdivision" has the meaning given in s. 71.93 (1) (cm).

AB342,8,15 (b) If a court orders an unpaid judgment certified for setoff under sub. (1) (d), the political subdivision entitled to the forfeiture portion of the judgment shall certify the unpaid judgment to the department of revenue. At the time of certification, the political subdivision shall submit a fee of $10 and furnish the defendant's full name, address and social security number to the department of revenue.

AB342,9,4 (c) Receipt of a certification and $10 fee by the department of revenue shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the defendant. The lien shall be foreclosed by the department of revenue as a setoff under s. 71.93. When the department of revenue determines that the defendant is otherwise entitled to a state tax refund or credit, it shall notify the defendant that the state intends to reduce any state tax refund or credit due the defendant by the amount certified and that the department intends to forward that amount to the political subdivision certifying the judgment. The notice shall provide that within 20 days after the date the notice is mailed, the defendant may request a hearing before the court rendering the judgment. Within 10 days after receiving a request for hearing under this paragraph, the court shall set the matter for hearing upon notice to the defendant and to the political subdivision certifying the judgment. The sole issue at that hearing shall be whether the defendant owes the amount certified.

AB342,9,6 (d) Except as provided by court order after a hearing under par. (c), all of the following shall occur:

AB342,9,10 1. Within 60 days after the date the department of revenue mails the notice under par. (c), and subject to the priorities under s. 71.93 (3), the department of revenue shall send any state tax refund or credit withheld to the political subdivision certifying the judgment.

AB342,9,15 2. Within 20 days after the date a political subdivision receives a withheld tax refund or credit, the officer receiving the withheld tax refund or credit shall distribute the amount withheld to the appropriate municipal or county treasurer. If the amount withheld is less than the full amount certified, the officer shall distribute the amount withheld on a proportional basis.

AB342,9,17 3. The department of revenue shall continue withholding until the amount certified is recovered in full.

AB342,9,20 (e) A political subdivision shall immediately notify the department of revenue of any collection of a judgment that has been certified. The department of revenue shall adjust the certified amount to reflect the amount collected.

AB342, s. 22 Section 22. Appropriation changes; revenue.

AB342,9,25 (1)  Offset program administration. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of revenue under section 20.566 (1) (h) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $64,900 for fiscal year 1995-96 and the dollar amount is increased by $1,119,000 for fiscal year 1996-97 to increase the authorized FTE positions for the department by 4.0 PR positions to administer an offset program for unpaid traffic and municipal ordinance violations.

AB342,10,9 (2)  Offset program development costs. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of revenue under section 20.566 (1) (h) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $3,700 for fiscal year 1995-96 to fund development costs of administering an offset program for unpaid traffic and municipal ordinance violations.

AB342, s. 23 Section 23. Initial applicability.

AB342,10,12 (1)  This act first applies to actions commenced on the effective date of this subsection.

AB342, s. 24 Section 24. Effective date.

AB342,10,14 (1)  This act takes effect on January 1, 1996.

AB342,10,15 (End)