Amendment ASA2-AB1089

AB1089-ASA2,36,19 214.495 (1) A mortgage taken and recorded by a savings bank shall have priority over all liens, except tax and special assessment liens and liens under ss. 144.442 (9) (i), and 144.76 (13) and 144.77 (6) (d), upon the mortgaged premises and the buildings and improvements thereon, that are filed after the recording of the mortgage.

AB1089-ASA2, s. 103 Section 103 . 214.495 (1) of the statutes, as affected by 1995 Wisconsin Acts 227 and .... (this act), is amended to read:

AB1089-ASA2,37,2 214.495 (1) A mortgage taken and recorded by a savings bank shall have priority over all liens, except tax and special assessment liens and liens under ss. 292.31 (8) (i) and 292.41 (6) (d) and 292.81, upon the mortgaged premises and the buildings and improvements thereon, that are filed after the recording of the mortgage.

AB1089-ASA2, s. 104 Section 104. 215.21 (4) (a) of the statutes is amended to read:

AB1089-ASA2,37,8 215.21 (4) (a) All mortgages described in this section shall have priority over all liens, except tax and special assessment liens and liens under ss. 144.442 (9) (i), and 144.76 (13) and 144.77 (6) (d), upon the mortgaged premises and the buildings and improvements thereon, which shall be filed subsequent to the recording of such mortgage.

AB1089-ASA2, s. 105 Section 105 . 215.21 (4) (a) of the statutes, as affected by 1995 Wisconsin Acts 227 and .... (this act), is amended to read:

AB1089-ASA2,37,15 215.21 (4) (a) All mortgages described in this section shall have priority over all liens, except tax and special assessment liens and liens under ss. 292.31 (8) (i) and 292.41 (6) (d) and 292.81, upon the mortgaged premises and the buildings and improvements thereon, which shall be filed subsequent to the recording of such mortgage.

AB1089-ASA2, s. 106 Section 106. 292.31 (2) (f) of the statutes, as affected by 1995 Wisconsin Act 227, is amended to read:

AB1089-ASA2,37,20 292.31 (2) (f) Means of making the most effective use of the grant program under s. 292.61 so as to encourage the greatest number of political subdivisions local governmental units to undertake remedial action on property that they own.

AB1089-ASA2, s. 107 Section 107. 292.35 (7) of the statutes, as affected by 1995 Wisconsin Act 227, is amended to read:

AB1089-ASA2,38,10 292.35 (7) Responsible parties subject to an agreement or recommendation. A responsible party that enters into an agreement under sub. (5) with a political subdivision local governmental unit or that accepts the umpire's recommendation under sub. (6), if the political subdivision local governmental unit does not reject the recommendation, is required to comply with the agreement or recommendation. When the responsible party has complied with the agreement or recommendation, the responsible party is not liable to the state, including under s. 292.11 (7) (b) or 292.31 (8), or to the political subdivision local governmental unit for any additional costs of the investigation or remedial action; the responsible party is not liable to any other responsible party for contribution to costs incurred by any other responsible party for the investigation or remedial action; and the responsible party is not subject to an order under s. 292.11 (7) (c) for the discharge that is the subject of the agreement or recommendation.

AB1089-ASA2, s. 108 Section 108. 292.35 (9) (b) 1. of the statutes, as affected by 1995 Wisconsin Act 227, is amended to read:

AB1089-ASA2,38,19 292.35 (9) (b) 1. Except as provided in pars. (bm), (br) and (e), sub. (7) and s. 292.21, a responsible party is liable for a portion of the costs, as determined under pars. (c) to (e), incurred by a political subdivision local governmental unit for remedial action in an agreement under sub. (5) or a recommendation under sub. (6) and for any related investigation. A right of action shall accrue to a political subdivision local governmental unit against the responsible party for costs listed in this subdivision.

AB1089-ASA2, s. 109 Section 109. 292.61 (3) (b) 4. of the statutes, as affected by 1995 Wisconsin Act 227, is amended to read:

AB1089-ASA2,39,2 292.61 (3) (b) 4. A statement of whether the political subdivision local governmental unit intends to use the cost recovery procedure in 292.35. If the political subdivision local governmental unit indicates in its application that it intends to use the cost recovery procedure in s. 292.35, the department may not approve the application for a remedial action grant until the political subdivision local governmental unit completes the procedures under s. 292.35 (2g) and (2r).

AB1089-ASA2, s. 110 Section 110. 292.61 (5) of the statutes, as affected by 1995 Wisconsin Act 227, is amended to read:

AB1089-ASA2,39,8 292.61 (5) Subrogation. The state is subrogated to the rights of a political subdivision local governmental unit that obtains an award under this section in an amount equal to the award. All moneys recovered under this subsection shall be credited to the environmental fund for environmental repair.

AB1089-ASA2, s. 111 Section 111. 292.81 (2) (a) (intro.), 1. and 2. and (d) and (3) of the statutes, as affected by 1995 Wisconsin Act 227, are amended to read:

AB1089-ASA2,39,14 292.81 (2) (a) (intro.) Before incurring expenses under s. 292.11, or 292.31 (1), (3) or (7) or 292.41 (4) with respect to a property, the department shall provide to the current owner of the property and to any mortgagees of record a notice containing all of the following:

AB1089-ASA2,39,16 1. A brief description of the property for which the department expects to incur expenses under s. 292.11, or 292.31 (1), (3) or (7) or 292.41 (4).

AB1089-ASA2,39,18 2. A brief description of the types of activities that the department expects may be conducted at the property under s. 292.11, or 292.31 (1), (3) or (7) or 292.41 (4).

AB1089-ASA2,39,21 (d) No notice under this subsection is necessary in circumstances in which entry onto the property without prior notice is authorized under s. 292.11 (8) or under s. 292.41 (5).

AB1089-ASA2,40,3 (3) Any expenditures made by the department under s. 292.11 or 292.31 (1), (3) or (7) or, subject to s. 292.41 (6) (d), under s. 292.41 (4) shall constitute a lien upon the property for which expenses are incurred if the department files the lien with the register of deeds in the county in which the property is located. A lien under this section shall be superior to all other liens that are or have been filed against the property, except that if the property is residential property, as defined in s. 895.52 (1) (i), the lien may not affect any valid prior lien on that residential property.

AB1089-ASA2, s. 112 Section 112. 703.16 (6) (e) of the statutes is amended to read:

AB1089-ASA2,40,5 703.16 (6) (e) A lien under s. 144.442 (9) (i), or 144.76 (13) or 144.77 (6) (d).

AB1089-ASA2, s. 113 Section 113 . 703.16 (6) (e) of the statutes, as affected by 1995 Wisconsin Acts 227 and .... (this act), is amended to read:

AB1089-ASA2,40,8 703.16 (6) (e) A lien under s. 292.31 (8) (i) or 292.41 (6) (d) or 292.81.

AB1089-ASA2, s. 114 Section 114. 706.11 (1) (intro.) of the statutes is amended to read:

AB1089-ASA2,40,14 706.11 (1) (intro.) Except as provided in sub. (4), when any of the following mortgages has been duly recorded, it shall have priority over all liens upon the mortgaged premises and the buildings and improvements thereon, except tax and special assessment liens filed after the recording of such mortgage and except liens under s. ss. 144.442 (9) (i), and 144.76 (13) and 144.77 (6) (d).

AB1089-ASA2, s. 115 Section 115 . 706.11 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Acts 227 and .... (this act), is amended to read:

AB1089-ASA2,40,21 706.11 (1) (intro.) Except as provided in sub. (4), when any of the following mortgages has been duly recorded, it shall have priority over all liens upon the mortgaged premises and the buildings and improvements thereon, except tax and special assessment liens filed after the recording of such mortgage and except liens under ss. 292.31 (8) (i) and 292.41 (6) (d) and 292.81:

AB1089-ASA2, s. 116 Section 116. 707.37 (4) (d) of the statutes, as affected by 1995 Wisconsin Act 225, is amended to read:

AB1089-ASA2,40,24 707.37 (4) (d) A lien under s. 144.442 (9) (i), or 144.76 (13) or 144.77 (6) (d).

AB1089-ASA2, s. 117 Section 117 . 707.37 (4) (d) of the statutes, as affected by 1995 Wisconsin Acts 227 and .... (this act), is amended to read:

AB1089-ASA2,41,3 707.37 (4) (d) A lien under s. 292.31 (8) (i) or 292.41 (6) (d) or 292.81.

AB1089-ASA2, s. 118 Section 118. 779.01 (4) of the statutes, as affected by 1995 Wisconsin Act 225, is amended to read:

AB1089-ASA2,41,22 779.01 (4) Priority of construction lien. The lien provided in sub. (3) shall be prior to any lien which originates subsequent to the visible commencement in place of the work of improvement, except as otherwise provided by ss. 144.442 (9) (i), 144.76 (13), 144.77 (6) (d), 215.21 (4) (a) and 706.11 (1). When new construction is the principal improvement involved, commencement is deemed to occur no earlier than the beginning of substantial excavation for the foundations, footings or base of the new construction, except where the new construction is to be added to a substantial existing structure, in which case the commencement is the time of the beginning of substantial excavation or the time of the beginning of substantial preparation of the existing structure to receive the added new construction, whichever is earlier. The lien also shall be prior to any unrecorded mortgage given prior to the commencement of the work of improvement, if the lien claimant has no actual notice of the mortgage before the commencement. Lien claimants who perform work or procure its performance or furnish any labor or materials or plans or specifications for an improvement prior to the visible commencement of the work of improvement shall have lien rights, but shall have only the priority accorded to other lien claimants.

AB1089-ASA2, s. 119 Section 119 . 779.01 (4) of the statutes, as affected by 1995 Wisconsin Acts 227 and .... (this act), is amended to read:

AB1089-ASA2,42,16 779.01 (4) Priority of construction lien. The lien provided in sub. (3) shall be prior to any lien which originates subsequent to the visible commencement in place of the work of improvement, except as otherwise provided by ss. 215.21 (4) (a), 292.31 (8) (i), 292.41 (6) (d), 292.81 and 706.11 (1). When new construction is the principal improvement involved, commencement is deemed to occur no earlier than the beginning of substantial excavation for the foundations, footings or base of the new construction, except where the new construction is to be added to a substantial existing structure, in which case the commencement is the time of the beginning of substantial excavation or the time of the beginning of substantial preparation of the existing structure to receive the added new construction, whichever is earlier. The lien also shall be prior to any unrecorded mortgage given prior to the commencement of the work of improvement, if the lien claimant has no actual notice of the mortgage before the commencement. Lien claimants who perform work or procure its performance or furnish any labor or materials or plans or specifications for an improvement prior to the visible commencement of the work of improvement shall have lien rights, but shall have only the priority accorded to other lien claimants.

AB1089-ASA2, s. 120 Section 120. 779.35 of the statutes is amended to read:

AB1089-ASA2,43,7 779.35 Mining liens. Any person who shall perform any labor or services for any person or corporation engaged in or organized for the purpose of mining, smelting or manufacturing iron, copper, silver or other ores or minerals, and any bona fide holder of any draft, time check or order for the payment of money due for any such labor, issued or drawn by any such person or corporation, shall have a lien for the wages due for the amount due on such draft, check or order upon all the personal property connected with such mining, smelting or manufacturing industry belonging to such person or corporation, including the ores or products of such mine or manufactory, together with the machinery and other personal property used in the operation of such mine or manufactory and all the interest of such person or corporation in any real estate belonging thereto and connected with such business, which said lien shall take precedence of all other debts, judgments, decrees, liens or mortgages against such person or corporation, except liens accruing for taxes, fines or penalties and liens under ss. 144.442 (9) (i), and 144.76 (13) and 144.77 (6) (d), subject to the exceptions and limitations hereinafter set forth.

AB1089-ASA2, s. 121 Section 121 . 779.35 of the statutes, as affected by 1995 Wisconsin Acts 227 and .... (this act), is amended to read:

AB1089-ASA2,43,24 779.35 Mining liens. Any person who shall perform any labor or services for any person or corporation engaged in or organized for the purpose of mining, smelting or manufacturing iron, copper, silver or other ores or minerals, and any bona fide holder of any draft, time check or order for the payment of money due for any such labor, issued or drawn by any such person or corporation, shall have a lien for the wages due for the amount due on such draft, check or order upon all the personal property connected with such mining, smelting or manufacturing industry belonging to such person or corporation, including the ores or products of such mine or manufactory, together with the machinery and other personal property used in the operation of such mine or manufactory and all the interest of such person or corporation in any real estate belonging thereto and connected with such business, which said lien shall take precedence of all other debts, judgments, decrees, liens or mortgages against such person or corporation, except liens accruing for taxes, fines or penalties and liens under ss. 292.31 (8) (i) and 292.41 (6) (d) and 292.81, subject to the exceptions and limitations hereinafter set forth.

AB1089-ASA2, s. 122 Section 122 . 779.40 (1) of the statutes, as affected by 1995 Wisconsin Act 225, is amended to read:

AB1089-ASA2,44,15 779.40 (1) Any person who shall perform any labor for an employer not the owner of the real estate, engaged in quarrying, crushing, cutting or otherwise preparing stone for use or for manufacturing lime and any bona fide holder of any draft, time check or order for the payment of money due for any such labor issued by such employer, shall have a lien for wages owed and for the amount due on such draft, check or order upon the personal property connected with such industry owned by such employer, including interest in the product of such quarry or factory and machinery and other personal property used in the operation of such quarry or factory, and all interest in any lease of the real estate connected with such business, which lien shall take precedence of all other debts, judgments, decrees, liens or mortgages against such employer, except taxes, fines or penalties and mortgages or judgments recorded or entered before such labor is performed and except liens under ss. 144.442 (9) (i), and 144.76 (13) and 144.77 (6) (d).

AB1089-ASA2, s. 123 Section 123. 779.40 (1) of the statutes, as affected by 1995 Wisconsin Acts 227 and .... (this act), is amended to read:

AB1089-ASA2,45,5 779.40 (1) Any person who shall perform any labor for an employer not the owner of the real estate, engaged in quarrying, crushing, cutting or otherwise preparing stone for use or for manufacturing lime and any bona fide holder of any draft, time check or order for the payment of money due for any such labor issued by such employer, shall have a lien for wages owed and for the amount due on such draft, check or order upon the personal property connected with such industry owned by such employer, including interest in the product of such quarry or factory and machinery and other personal property used in the operation of such quarry or factory, and all interest in any lease of the real estate connected with such business, which lien shall take precedence of all other debts, judgments, decrees, liens or mortgages against such employer, except taxes, fines or penalties and mortgages or judgments recorded or entered before such labor is performed and except liens under ss. 292.31 (8) (i) and 292.41 (6) (d) and 292.81.

AB1089-ASA2, s. 124 Section 124. 823.115 (1) of the statutes is amended to read:

AB1089-ASA2,45,19 823.115 (1) If personal and real property are ordered sold under s. 823.114, and the real property is not released to the owner under s. 823.15, the plaintiff in the action under s. 823.113 shall sell the property at the highest available price. The city, town or village may sell the property at either a public or private sale. The proceeds of the sale shall be applied to the payment of the costs of the action and abatement and any liens on the property, and the balance, if any, paid as provided in sub. (2). The plaintiff may file a notice of the pendency of the action as in actions affecting the title to real estate and if the owner of the building or structure, or the owner of the land upon which the building or structure is located, is found guilty of the nuisance, the judgment for costs of the action not paid out of the proceeds of the sale of the property shall constitute a lien on the real estate prior to any other lien created after the filing of the lis pendens, except a lien under s. 144.442 (9) (i), or 144.76 (13) or 144.77 (6) (d).

AB1089-ASA2, s. 125 Section 125 . 823.115 (1) of the statutes, as affected by 1995 Wisconsin Acts 227 and .... (this act), is amended to read:

AB1089-ASA2,46,9 823.115 (1) If personal and real property are ordered sold under s. 823.114, and the real property is not released to the owner under s. 823.15, the plaintiff in the action under s. 823.113 shall sell the property at the highest available price. The city, town or village may sell the property at either a public or private sale. The proceeds of the sale shall be applied to the payment of the costs of the action and abatement and any liens on the property, and the balance, if any, paid as provided in sub. (2). The plaintiff may file a notice of the pendency of the action as in actions affecting the title to real estate and if the owner of the building or structure, or the owner of the land upon which the building or structure is located, is found guilty of the nuisance, the judgment for costs of the action not paid out of the proceeds of the sale of the property shall constitute a lien on the real estate prior to any other lien created after the filing of the lis pendens, except a lien under s. 292.31 (8) (i) or 292.41 (6) (d) or 292.81.

AB1089-ASA2, s. 126 Section 126 . Nonstatutory provisions; commerce.

AB1089-ASA2,46,19 (1)   Additional awards for failed remedial action. The department of commerce shall study the implementation of section 101.143 (4) (a) 8. of the statutes, as created by this act, with particular attention to the effect of the maximum allowable awards under the petroleum environmental cleanup fund award program. No later than March 1, 1997, the department shall distribute its report on the study to the appropriate standing committees of the legislature, as determined by the president of the senate and the speaker of the assembly, in the manner provided under section 13.172 (3) of the statutes and to the cochairpersons of the joint committee on finance.

AB1089-ASA2,46,20 (2)  Emergency rules.

AB1089-ASA2,47,2 (a)   The department of commerce may use the procedure under section 227.24 of the statutes to promulgate rules under section 101.143 of the statutes, as affected by the laws of 1995. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the emergency rules may remain in effect for a period not to exceed 2 years. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the department need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating the rules under this paragraph.

AB1089-ASA2,47,4 (b) The department of commerce may not promulgate emergency rules under paragraph (a) after December 31, 1996.

AB1089-ASA2, s. 127 Section 127 . Nonstatutory provisions; industry, labor and human relations.

AB1089-ASA2,47,13 (1)  Emergency rules. Before July 1, 1996, the department of industry, labor and human relations may use the procedure under section 227.24 of the statutes to promulgate rules under section 101.143 of the statutes, as affected by the laws of 1995. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the emergency rules may remain in effect for a period not to exceed 2 years. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the department need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating the rules under this subsection.

AB1089-ASA2, s. 128 Section 128. Effective dates. This act takes effect on July 1, 1996, or on the day after publication, whichever is later, except as follows:

AB1089-ASA2,47,17 (1)  The treatment of section 101.143 (4) (a) 5. and 7. of the statutes and Section 127 of this act take effect on the day after publication.

AB1089-ASA2,48,5 (2)  The treatment of sections 27.065 (10) (a) (by Section 2), 50.05 (15) (d) (by Section 4), 66.521 (9) (by Section 6 ), 70.01 (by Section 8 ), 76.13 (2) (by Section 10 ), 76.22 (1) (by Section 12 ), 76.39 (5) (by Section 14 ), 88.40 (2) (by Section 16 ), 101.143 (3) (c) 4. (by Section 21 ), 109.09 (2) (by Section 31 ), 144.765 (2) (am) (by Section 93 ) and (6) (by Section 100 ), 214.495 (1) (by Section 103 ), 215.21 (4) (a) (by Section 105 ), 292.31 (2) (f), 292.35 (7) and (9) (b) 1., 292.61 (3) (b) 4. and (5), 292.81 (2) (a) (intro.), 1. and 2. and (d) and (3), 703.16 (6) (e) (by Section 113), 706.11 (1) (intro.) (by Section 115), 707.37 (4) (d) (by Section 117 ), 779.01 (4) (by Section 119 ), 779.35 (by Section 121), 779.40 (1) (by Section 122) and 823.115 (1) (by Section 125 ) of the statutes, the renumbering of sections 144.4422 (1) (bm) and 144.765 (1) (f) (intro.), 1. and 3. of the statutes and the renumbering and amendment of section 144.765 (1) (f) 2. of the statutes take effect on January 1, 1997.

AB1089-ASA2,48,6 (End)