AB758: Bill Text

AB758,47,14 102.835 (5) (a) If the department has levied upon property, any person, other than the uninsured employer debtor who is liable to pay the debt out of which the levy arose, who claims an interest in or lien on that property, and who claims that that property was wrongfully levied upon may bring a civil action against the state in the circuit court for Dane County. That action may be brought whether or not that property has been surrendered to the department. The court may grant only the relief under par. (b). No other action to question the validity of or to restrain or enjoin a levy by the department may be maintained.

AB758, s. 61 Section 61. 102.835 (7) (a) of the statutes is amended to read:

AB758,47,19 102.835 (7) (a) The department shall apply all money obtained under this section first against the expenses of the proceedings and then against the liability in respect to which the levy was made and any other liability owed to the department by the uninsured employer debtor.

AB758, s. 62 Section 62. 102.835 (12) of the statutes is amended to read:

AB758,48,9 102.835 (12) Notice before levy. If no proceeding for review permitted by law is pending, the department shall make a demand to the uninsured employer debtor for payment of the debt which is subject to levy and give notice that the department may pursue legal action for collection of the debt against the uninsured employer debtor. The department shall make the demand for payment and give the notice at least 10 days prior to the levy, personally or by any type of mail service which requires a signature of acceptance, at the address of the uninsured employer debtor as it appears on the records of the department. The demand for payment and notice shall include a statement of the amount of the debt, including costs and fees, and the name of the uninsured employer debtor who is liable for the debt. The uninsured employer's debtor's failure to accept or receive the notice does not prevent the department from making the levy. Notice prior to levy is not required for a subsequent levy on any debt of the same uninsured employer debtor within one year after the date of service of the original levy.

AB758, s. 63 Section 63. 102.835 (13) (a) of the statutes is amended to read:

AB758,48,13 102.835 (13) (a) The department shall serve the levy upon the uninsured employer debtor and 3rd party by personal service or by any type of mail service which requires a signature of acceptance.

AB758, s. 64 Section 64. 102.835 (13) (b) of the statutes is amended to read:

AB758,48,22 102.835 (13) (b) Personal service shall be made upon an individual, other than a minor or incapacitated person, by delivering a copy of the levy to the uninsured employer debtor or 3rd party personally; by leaving a copy of the levy at the uninsured employer's debtor's dwelling or usual place of abode with some person of suitable age and discretion residing there; by leaving a copy of the levy at the business establishment of the uninsured employer debtor with an officer or employee of the uninsured employer debtor; or by delivering a copy of the levy to an agent authorized by law to receive service of process.

AB758, s. 65 Section 65. 102.835 (13) (d) of the statutes is amended to read:

AB758,48,25 102.835 (13) (d) The uninsured employer's or 3rd party's failure of a debtor or 3rd party to accept or receive service of the levy does not invalidate the levy.

AB758, s. 66 Section 66. 102.835 (14) of the statutes is amended to read:

AB758,49,8 102.835 (14) Answer by 3rd party. Within 20 days after the service of the levy upon a 3rd party, the 3rd party shall file an answer with the department stating whether the 3rd party is in possession of or obligated with respect to property or rights to property of the uninsured employer debtor, including a description of the property or the rights to property and the nature and dollar amount of any such obligation. If the 3rd party is an insurance company, the insurance company shall file an answer with the department within 45 days after the service of the levy.

AB758, s. 67 Section 67. 102.835 (19) of the statutes is amended to read:

AB758,49,15 102.835 (19) Hearing. Any uninsured employer debtor who is subject to a levy proceeding made by the department may request a hearing under s. 102.17 to review the levy proceeding. The hearing is limited to questions of prior payment of the debt that the department is proceeding against, and mistaken identity of the uninsured employer debtor. The levy is not stayed pending the hearing in any case in which property is secured through the levy.

AB758, s. 68 Section 68. 626.35 (1) of the statutes is amended to read:

AB758,49,20 626.35 (1) Filing. An insurer who provides a contract under s. 102.31 (1) (a) or 102.315 (3), (4), or (5) (a) shall file with the bureau a copy of the contract, or other evidence of the contract as designated by the bureau, not more than 60 days after the effective date of the contract.

AB758, s. 69 Section 69. 631.37 (3) of the statutes is amended to read:

AB758,49,24 631.37 (3) Worker's compensation insurance. Section Sections 102.31 (2) applies and 102.315 (10) apply to the termination of worker's compensation insurance.

AB758, s. 70 Section 70. 632.98 of the statutes is amended to read:

AB758,50,2 632.98 Worker's compensation insurance. Sections 102.31, 102.315, and 102.62 apply to worker's compensation insurance.

AB758, s. 71 Section 71. Initial applicability.

AB758,50,4 (1) Employee leasing company liability.

AB758,50,7 (a) Liability. The treatment of sections 102.29 (6m) and 102.315 (2), (3), (4), (5), (6), and (8) of the statutes first applies to injuries occurring on the effective date of this paragraph.

AB758,50,11 (b) Premiums. The treatment of section 102.315 (9) of the statutes first applies to a worker's compensation insurance policy insuring liability under section 102.315 (2) of the statutes issued, or extended, modified, or renewed, on the effective date of this paragraph.

AB758,50,16 (c) Cancellations, terminations, or nonrenewals. The treatment of section 102.315 (10) of the statutes first applies to a worker's compensation insurance policy insuring liability under section 102.315 (2) of the statutes whose cancellation or termination date is 30 days after the effective date of this paragraph or whose nonrenewal date is 60 days after the effective date of this paragraph.

AB758,50,17 (2) Prescription drug charge dispute resolution.

AB758,50,21 (a) Disputes. The treatment of sections 102.425 (4) (b) and (4m) of the statutes first applies to prescription drug, as defined in section 102.425 (1) (h) of the statutes, charge disputes submitted to department of workforce development on the effective date of this paragraph.

AB758,50,24 (b) Orders. The treatment of sections 102.16 (1m) (c) and 102.18 (1) (bg) 3. of the statutes first applies to orders under section 102.16 (1) or 102.18 (1) (b) of the statutes issued on the effective date of this paragraph.

AB758,51,3 (3) Christian Science treatment. The treatment of section 102.42 (1) and (4) of the statutes first applies to Christian Science treatment provided on the effective date of this subsection.

AB758,51,6 (4) Illegally employed minors. The treatment of section 102.64 (2) of the statutes first applies to a proceeding under section 102.60 of the statutes commenced on the effective date of this subsection.

AB758,51,9 (5) Third-party liability. The renumbering and amendment of section 102.29 (6) of the statutes and the creation of section 102.29 (6) (a), (b) 2. and 3., and (c) of the statutes first apply to injuries occurring on the effective date of this subsection.

AB758,51,13 (6) Interest credit. The treatment of section 102.32 (intro.), (1), (2), (3), (4), (5), and (6m) of the statutes first applies to a party that is discharged from or compelled to guarantee future compensation payments or that is directed to make an advance payment of compensation on the effective date of this subsection.

AB758,51,16 (7) Liens for uninsured employer payments. The treatment of section 102.83 (1) (a) 3. of the statutes first applies to a lien under that subdivision that takes effect on the effective date of this subsection.

AB758,51,19 (8) Attorney fees. The treatment of section 102.26 (2) of the statutes first applies to a claim that is compromised or adjudged on the effective date of this subsection.

AB758,51,20 (End)