SB617: Bill Text

SB617,18,12 77.9961 (3) The department shall mail send to each dry cleaning facility of which it the department is aware a form on which to apply for a license under this section.

SB617,35 Section 35. 78.65 (1) of the statutes is amended to read:

SB617,19,9 78.65 (1) If a general aviation fuel licensee or licensee under s. 78.09 or 78.47 violates any provision of this chapter and the department deems good cause exists for suspension or revocation by reason of such violation, it the department may suspend such person's license, or, after a hearing of the charges is held, it may revoke such license. No The department may not suspend a license may be suspended unless the department has notified the holder of the license has been notified of a hearing to be held on the charges, and no the department may not revoke a license may be revoked until after the department has notified the holder of the license has been notified of a hearing and has been afforded the holder an opportunity to appear and testify. The department shall notify the licensee in writing of the time and place a hearing of the charges shall be held. The notice shall contain a statement of the alleged violation, and shall be served upon the licensee at least 10 days prior to the hearing, either by personal delivery to the licensee, or by mailing by registered mail to the address of the licensee as shown in the application. At the time and place fixed in the notice, the department shall proceed to a hearing of the charges , and shall afford the licensee shall be afforded an opportunity to present in person or by counsel statements, testimony, evidence, and argument pertinent to the charges or to any defense thereto. The department may continue the hearing from time to time but not more than 60 days. After the hearing, the department shall rescind the order of suspension, if any, and for good cause shown shall either suspend the license for a period of time or revoke the license.

SB617,36 Section 36. 139.096 of the statutes is amended to read:

SB617,19,22 139.096 Failure to file. If any taxpayer required to file any return fails to do so within the time prescribed, the taxpayer shall, on the written demand of the department, file the return within 20 days after mailing the department sends the demand and at the same time pay the tax due on its basis. If the taxpayer fails within that time to file the return, the department shall prepare the return from its the department's own knowledge and from the information that it the department obtains and on that basis shall assess a tax, which that the taxpayer shall be paid pay within 10 days after the department has mailed sends to the taxpayer a written notice of the amount and a demand for its payment. In any action or proceeding in respect to the assessment, the taxpayer shall have has the burden of establishing the incorrectness or invalidity of any return or assessment made by the department because of the failure of the taxpayer to file a return.

SB617,37 Section 37. 139.77 (3) of the statutes is amended to read:

SB617,20,8 139.77 (3) If, within 60 days after the mailing of the department sends notice of the proposed assessment, the taxpayer files a protest to the proposed assessment and requests a hearing on it, the department shall give notice to the taxpayer of the time and place fixed for the hearing, shall hold a hearing on the protest, and shall issue a final assessment to the taxpayer for the amount found to be due as a result of the hearing. If the taxpayer does not file a protest is not filed within 60 days, the department shall issue a final assessment to the taxpayer. In any action or proceeding in respect to the proposed assessment, the taxpayer shall have has the burden of establishing the incorrectness or invalidity of any final assessment made by the department.

SB617,38 Section 38. 139.77 (4) of the statutes is amended to read:

SB617,20,21 139.77 (4) If any taxpayer required to file any return fails to do so within the time prescribed, the taxpayer shall, on the written demand of the department, file the return within 20 days after the mailing of it department sends the demand and at the same time pay the tax due on its basis. If the taxpayer fails within that time to file the return, the department shall prepare the return from its the department's own knowledge and from the information that it the department obtains and on that basis shall assess a tax, which that the taxpayer shall be paid pay within 10 days after the department has mailed sends to the taxpayer a written notice of the amount and a demand for its payment. In any action or proceeding in respect to the assessment, the taxpayer shall have has the burden of establishing the incorrectness or invalidity of any return or assessment made by the department because of the failure of the taxpayer to make a return.

SB617,39 Section 39. 177.24 (2) of the statutes is amended to read:

SB617,21,7 177.24 (2) The administrator shall consider each claim within 90 days after it is filed and may refer any claim to the attorney general for an opinion. For each claim referred, the attorney general shall advise the administrator either to allow it or to deny it in whole or in part. The administrator shall give written notice to the claimant if the claim is denied in whole or in part. The notice shall be given by mailing it sent to the last address, if any, stated in the claim as the address to which notices are to be sent. If no address for notices is stated in the claim, the notice shall be mailed sent to the last address, if any, stated in the claim as the address of the claimant. No notice of denial need be given if the claim fails to state either the last address to which notices are to be sent or the address of the claimant.

SB617,40 Section 40. 812.04 (2) of the statutes is amended to read:

SB617,21,9 812.04 (2) The garnishee summons shall be substantially in the following form:

SB617,21,10 STATE OF WISCONSIN

SB617,21,11 .... COURT

SB617,21,12 .... COUNTY

SB617,21,13 A. B., Plaintiff

SB617,21,14 vs.

SB617,21,15 C. D., Defendant

SB617,21,16 and

SB617,21,17 E. F., Garnishee

SB617,21,18 The State of Wisconsin, to the garnishee:

SB617,21,22 You are hereby summoned, as garnishee of the defendant, C. D., and required, within 20 days after the service of this summons and the annexed complaint upon you, exclusive of the day of service, to answer, whether you are indebted to or have in your possession or under your control any property belonging to the defendant.

SB617,22,15 IF YOU ARE INDEBTED TO THE DEFENDANT FOR PAYMENT FOR THE SALE OF AGRICULTURAL PRODUCTS, YOU ARE ORDERED TO PAY THE PRESCRIBED AMOUNT TO THE DEFENDANT. YOU ARE ORDERED TO RETAIN FROM THE BALANCE THE AMOUNT OF THE PLAINTIFF'S CLAIM AND DISBURSEMENTS, AS STATED IN THE ANNEXED COMPLAINT PENDING THE FURTHER ORDER OF THE COURT. ANY EXCESS INDEBTEDNESS SHALL NOT BE SUBJECT TO THE GARNISHMENT. IF YOU HAVE PROPERTY BELONGING TO THE DEFENDANT AND THE AMOUNT OF INDEBTEDNESS RETAINED IS LESS THAN THE AMOUNT CLAIMED AND DISBURSEMENTS, YOU ARE TO RETAIN THE PROPERTY PENDING THE FURTHER ORDER OF THE COURT, EXCEPT AS PROVIDED IN SECTION 812.18 (3) OF THE WISCONSIN STATUTES. THE AMOUNT RETAINED BY YOU FOR THE PLAINTIFF'S DISBURSEMENTS MAY NOT EXCEED $40, EXCEPT THAT IF THE PLAINTIFF IS THE STATE OR A POLITICAL SUBDIVISION OF THE STATE YOU SHALL RETAIN AS DISBURSEMENTS TO THE PLAINTIFF THE FULL AMOUNT OF NECESSARY DISBURSEMENTS AND FEES REQUESTED BY THE PLAINTIFF AS ALLOWED UNDER SECTION 814.04 (2) OF THE WISCONSIN STATUTES.

SB617,22,20 You are further required to serve a copy of your answer to the garnishee complaint on the undersigned attorney and to file your original answer with the clerk of this court, within the 20-day period. In case of your failure to answer, judgment will be entered against you for the amount of plaintiff's judgment against the defendant and costs, of which the defendant will also take notice.

SB617,22,25 If the property which is the subject of this garnishment action is the proceeds from the sale of crops, livestock, dairy products or another product grown or produced by a person or by his or her minor children, you must pay over to the principal defendant the appropriate amount under section 812.18 (2m) (b) of the Wisconsin Statutes.

SB617,23,1 Dated this .... day of ...., .... (year)

SB617,23,2 Clerk of .... Court

SB617,23,3 (Seal)

SB617,23,4 Attorney for Plaintiff:

SB617,23,5 ....

SB617,23,6 P. O. Address

SB617,23,7 ....

SB617,23,8 ....

SB617,41 Section 41. 812.05 (1) of the statutes is amended to read:

SB617,23,20 812.05 (1) The garnishee complaint in a garnishment action before judgment must allege the existence of one of the grounds for garnishment mentioned in s. 812.02 (1) (a), the amount of the plaintiff's claim against the defendant and disbursements, not to exceed $40, above all offsets , known to the plaintiff, and that plaintiff believes that the named garnishee is indebted to or has property in his or her possession or under his or her control, other than earnings, as defined under s. 812.30 (7), belonging to the defendant (naming him or her) and that the indebtedness or property is, to the best of plaintiff's knowledge and belief, not exempt from execution. Plaintiff's disbursements may not exceed $40, except if the plaintiff is the state or a political subdivision of the state, the plaintiff is allowed all the necessary disbursements and fees allowed by law as specified in s. 814.04 (2).

SB617,42 Section 42. 812.05 (2) of the statutes is amended to read:

SB617,24,8 812.05 (2) The garnishee complaint in a garnishment action after judgment must allege the existence of the grounds for garnishment mentioned in s. 812.02 (1) (b), and the name and location of the court, case number, if any, date of entry and amount of the judgment on which the garnishment action is based, the amount of the plaintiff's claim against the defendant and disbursements , not to exceed $40, above all offsets known to the plaintiff, and that plaintiff believes that the named garnishee is indebted to or has property in his or her possession or under his or her control belonging to the defendant (naming him or her) and that the indebtedness or property is, to the best of plaintiff's knowledge and belief, not exempt from execution. Plaintiff's disbursements may not exceed $40, except if the plaintiff is the state or a political subdivision of the state, the plaintiff is allowed all the necessary disbursements and fees allowed by law as specified in s. 814.04 (2).

SB617,43 Section 43. 812.13 (1) of the statutes is amended to read:

SB617,24,20 812.13 (1) If the answer shows a debt due to the defendant, the garnishee may pay the debt or an amount sufficient to cover the plaintiff's claim, as stated in the garnishee complaint and disbursements, not to exceed $40, to the clerk of the court. Plaintiff's disbursements may not exceed $40, except if the plaintiff is the state or a political subdivision of the state, the plaintiff is allowed all the necessary disbursements and fees allowed by law as specified in s. 814.04 (2). If, prior to so doing paying the debt or an amount sufficient to cover the plaintiff's claim, the plaintiff in writing requests the garnishee to pay the sum to the clerk, the garnishee shall, within 5 days after receipt of the request, pay the sum to the clerk. The clerk shall give a receipt for payment to the garnishee. The payment shall discharge the garnishee of all liability for the amount paid.

SB617,44 Section 44. 812.39 (1) of the statutes is amended to read:

SB617,25,2 812.39 (1) Between 5 and 10 business days after the payday of each pay period in which the debtor's earnings are subject to the earnings garnishment, the garnishee shall pay the creditor that portion of the debtor's nonexempt disposable earnings to which the creditor is entitled, minus the fee under s. 812.33 (2). The creditor shall apply the actual amount received from the garnishee to the unsatisfied civil judgment.

SB617,45 Section 45. Initial applicability.

SB617,25,6 (1) Temporary certification of property assessors. The treatment of section 73.09 (6) of the statutes first applies to a temporary certification granted on the effective date of this subsection.

SB617,25,10 (2) Continued collection of sales tax after notice. The treatment of section 77.59 (5r) of the statutes first applies to a seller that receives an adjustment or a refund described in section 77.59 (5r) of the statutes on the effective date of this subsection.

SB617,25,15 (3) Disbursements in a garnishment other than an earnings garnishment. The treatment of sections 812.04 (2), 812.05 (1) and (2), and 812.13 (1) of the statutes first applies to fees and disbursements incurred by a plaintiff in a garnishment action commenced under subchapter I of chapter 812 of the statutes on the effective date of this subsection.

SB617,25,18 (4) Garnishee fees in an earnings garnishment. The treatment of section 812.39 (1) of the statutes first applies to a garnishee who makes a payment to a creditor on the effective date of this subsection.

SB617,25,19 (End)