2001 - 2002 LEGISLATURE
January 17, 2001 - Introduced by Senators Robson, Moen, Erpenbach, Wirch,
Plache, Moore, Decker, Hansen
and Risser, cosponsored by Representatives
Riley, Schooff, Carpenter, Richards, Berceau, Gronemus, Ryba, Sinicki,
Bock, Coggs, Olsen, Williams, Miller, Powers, Sykora, Pettis, Staskunas,
Turner, Nass, Cullen, Wood, Black, Balow, Young, Pocan, Musser, F. Lasee,
J. Lehman, Plouff, Kreuser
and Meyerhofer. Referred to Committee on
Labor and Agriculture.
SB17,1,2 1An Act to amend 109.09 (2) (c) of the statutes; relating to: the priority of a wage
2claim lien.
Analysis by the Legislative Reference Bureau
Under current law, the department of workforce development (DWD) must
investigate and attempt to adjust any claim by an employee that his or her employer
has not paid the employee any wages that are owed to the employee (wage claim).
Currently, DWD or an employee who brings a wage claim action has a lien upon all
property of the employer, real and personal, located in this state for the full amount
of any wages owed to the employee. Also, under current law, a wage claim lien takes
precedence over all other debts, judgments, decrees, liens, or mortgages against an
employer except for a lien of a financial institution, such as a bank, savings and loan
association, or credit union, that originates before the wage claim lien takes effect
and a lien of the department of natural resources for expenses incurred in cleaning
up a hazardous substance discharge or other environmental pollution. This bill gives
a wage claim lien precedence over a lien of a financial institution that originates
before the wage claim lien takes effect.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB17, s. 1 3Section 1. 109.09 (2) (c) of the statutes is amended to read:
1109.09 (2) (c) A lien under par. (a) takes precedence over all other debts,
2judgments, decrees, liens, or mortgages against the employer, except a lien of a
3financial institution, as defined in s. 69.30 (1) (b), that originates before the lien
4under par. (a) takes effect or
a lien under s. 292.31 (8) (i) or 292.81. A lien under par.
5(a) may be enforced in the manner provided in ss. 779.09 to 779.12, 779.20, and
6779.21, insofar as those provisions are applicable. The lien ceases to exist if the
7department of workforce development or the employee does not bring an action to
8enforce the lien within the period prescribed in s. 893.44 for the underlying wage
SB17, s. 2 10Section 2. Nonstatutory provisions.
SB17,2,1511 (1) Wage claim liens. Notwithstanding section 109.09 (2) (c), 1999 stats., a lien
12that exists under section 109.09 (2) (a) of the statutes on the day before the effective
13date of this subsection takes precedence over a lien of a financial institution, as
14defined in section 69.30 (1) (b) of the statutes, that originated before the lien under
15section 109.09 (2) (a) of the statutes took effect.
SB17,2,1616 (End)