AB1089-ASA2,36,1915 214.495 (1) A mortgage taken and recorded by a savings bank shall have
16priority over all liens, except tax and special assessment liens and liens under ss.
17144.442 (9) (i), and 144.76 (13) and 144.77 (6) (d), upon the mortgaged premises and
18the buildings and improvements thereon, that are filed after the recording of the
19mortgage.
AB1089-ASA2, s. 103 20Section 103 . 214.495 (1) of the statutes, as affected by 1995 Wisconsin Acts
21227 and .... (this act), is amended to read:
AB1089-ASA2,37,222 214.495 (1) A mortgage taken and recorded by a savings bank shall have
23priority over all liens, except tax and special assessment liens and liens under ss.
24292.31 (8) (i) and 292.41 (6) (d) and 292.81, upon the mortgaged premises and the

1buildings and improvements thereon, that are filed after the recording of the
2mortgage.
AB1089-ASA2, s. 104 3Section 104. 215.21 (4) (a) of the statutes is amended to read:
AB1089-ASA2,37,84 215.21 (4) (a) All mortgages described in this section shall have priority over
5all liens, except tax and special assessment liens and liens under ss. 144.442 (9) (i),
6and 144.76 (13) and 144.77 (6) (d), upon the mortgaged premises and the buildings
7and improvements thereon, which shall be filed subsequent to the recording of such
8mortgage.
AB1089-ASA2, s. 105 9Section 105 . 215.21 (4) (a) of the statutes, as affected by 1995 Wisconsin Acts
10227 and .... (this act), is amended to read:
AB1089-ASA2,37,1511 215.21 (4) (a) All mortgages described in this section shall have priority over
12all liens, except tax and special assessment liens and liens under ss. 292.31 (8) (i) and
13292.41 (6) (d
) and 292.81, upon the mortgaged premises and the buildings and
14improvements thereon, which shall be filed subsequent to the recording of such
15mortgage.
AB1089-ASA2, s. 106 16Section 106. 292.31 (2) (f) of the statutes, as affected by 1995 Wisconsin Act
17227
, is amended to read:
AB1089-ASA2,37,2018 292.31 (2) (f) Means of making the most effective use of the grant program
19under s. 292.61 so as to encourage the greatest number of political subdivisions local
20governmental units
to undertake remedial action on property that they own.
AB1089-ASA2, s. 107 21Section 107. 292.35 (7) of the statutes, as affected by 1995 Wisconsin Act 227,
22is amended to read:
AB1089-ASA2,38,1023 292.35 (7) Responsible parties subject to an agreement or recommendation.
24A responsible party that enters into an agreement under sub. (5) with a political
25subdivision
local governmental unit or that accepts the umpire's recommendation

1under sub. (6), if the political subdivision local governmental unit does not reject the
2recommendation, is required to comply with the agreement or recommendation.
3When the responsible party has complied with the agreement or recommendation,
4the responsible party is not liable to the state, including under s. 292.11 (7) (b) or
5292.31 (8), or to the political subdivision local governmental unit for any additional
6costs of the investigation or remedial action; the responsible party is not liable to any
7other responsible party for contribution to costs incurred by any other responsible
8party for the investigation or remedial action; and the responsible party is not subject
9to an order under s. 292.11 (7) (c) for the discharge that is the subject of the agreement
10or recommendation.
AB1089-ASA2, s. 108 11Section 108. 292.35 (9) (b) 1. of the statutes, as affected by 1995 Wisconsin Act
12227
, is amended to read:
AB1089-ASA2,38,1913 292.35 (9) (b) 1. Except as provided in pars. (bm), (br) and (e), sub. (7) and s.
14292.21, a responsible party is liable for a portion of the costs, as determined under
15pars. (c) to (e), incurred by a political subdivision local governmental unit for
16remedial action in an agreement under sub. (5) or a recommendation under sub. (6)
17and for any related investigation. A right of action shall accrue to a political
18subdivision
local governmental unit against the responsible party for costs listed in
19this subdivision.
AB1089-ASA2, s. 109 20Section 109. 292.61 (3) (b) 4. of the statutes, as affected by 1995 Wisconsin Act
21227
, is amended to read:
AB1089-ASA2,39,222 292.61 (3) (b) 4. A statement of whether the political subdivision local
23governmental unit
intends to use the cost recovery procedure in 292.35. If the
24political subdivision local governmental unit indicates in its application that it
25intends to use the cost recovery procedure in s. 292.35, the department may not

1approve the application for a remedial action grant until the political subdivision
2local governmental unit completes the procedures under s. 292.35 (2g) and (2r).
AB1089-ASA2, s. 110 3Section 110. 292.61 (5) of the statutes, as affected by 1995 Wisconsin Act 227,
4is amended to read:
AB1089-ASA2,39,85 292.61 (5) Subrogation. The state is subrogated to the rights of a political
6subdivision
local governmental unit that obtains an award under this section in an
7amount equal to the award. All moneys recovered under this subsection shall be
8credited to the environmental fund for environmental repair.
AB1089-ASA2, s. 111 9Section 111. 292.81 (2) (a) (intro.), 1. and 2. and (d) and (3) of the statutes, as
10affected by 1995 Wisconsin Act 227, are amended to read:
AB1089-ASA2,39,1411 292.81 (2) (a) (intro.) Before incurring expenses under s. 292.11, or 292.31 (1),
12(3) or (7) or 292.41 (4) with respect to a property, the department shall provide to the
13current owner of the property and to any mortgagees of record a notice containing
14all of the following:
AB1089-ASA2,39,1615 1. A brief description of the property for which the department expects to incur
16expenses under s. 292.11, or 292.31 (1), (3) or (7) or 292.41 (4).
AB1089-ASA2,39,1817 2. A brief description of the types of activities that the department expects may
18be conducted at the property under s. 292.11, or 292.31 (1), (3) or (7) or 292.41 (4).
AB1089-ASA2,39,2119 (d) No notice under this subsection is necessary in circumstances in which
20entry onto the property without prior notice is authorized under s. 292.11 (8) or under
21s. 292.41 (5)
.
AB1089-ASA2,40,3 22(3) Any expenditures made by the department under s. 292.11 or 292.31 (1),
23(3) or (7) or, subject to s. 292.41 (6) (d), under s. 292.41 (4) shall constitute a lien upon
24the property for which expenses are incurred if the department files the lien with the
25register of deeds in the county in which the property is located. A lien under this

1section shall be superior to all other liens that are or have been filed against the
2property, except that if the property is residential property, as defined in s. 895.52
3(1) (i), the lien may not affect any valid prior lien on that residential property.
AB1089-ASA2, s. 112 4Section 112. 703.16 (6) (e) of the statutes is amended to read:
AB1089-ASA2,40,55 703.16 (6) (e) A lien under s. 144.442 (9) (i), or 144.76 (13) or 144.77 (6) (d).
AB1089-ASA2, s. 113 6Section 113 . 703.16 (6) (e) of the statutes, as affected by 1995 Wisconsin Acts
7227 and .... (this act), is amended to read:
AB1089-ASA2,40,88 703.16 (6) (e) A lien under s. 292.31 (8) (i) or 292.41 (6) (d) or 292.81.
AB1089-ASA2, s. 114 9Section 114. 706.11 (1) (intro.) of the statutes is amended to read:
AB1089-ASA2,40,1410 706.11 (1) (intro.) Except as provided in sub. (4), when any of the following
11mortgages has been duly recorded, it shall have priority over all liens upon the
12mortgaged premises and the buildings and improvements thereon, except tax and
13special assessment liens filed after the recording of such mortgage and except liens
14under s. ss. 144.442 (9) (i), and 144.76 (13) and 144.77 (6) (d).
AB1089-ASA2, s. 115 15Section 115 . 706.11 (1) (intro.) of the statutes, as affected by 1995 Wisconsin
16Acts 227 and .... (this act), is amended to read:
AB1089-ASA2,40,2117 706.11 (1) (intro.) Except as provided in sub. (4), when any of the following
18mortgages has been duly recorded, it shall have priority over all liens upon the
19mortgaged premises and the buildings and improvements thereon, except tax and
20special assessment liens filed after the recording of such mortgage and except liens
21under ss. 292.31 (8) (i) and 292.41 (6) (d) and 292.81:
AB1089-ASA2, s. 116 22Section 116. 707.37 (4) (d) of the statutes, as affected by 1995 Wisconsin Act
23225
, is amended to read:
AB1089-ASA2,40,2424 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
1Section 117 . 707.37 (4) (d) of the statutes, as affected by 1995 Wisconsin Acts
2227 and .... (this act), is amended to read:
AB1089-ASA2,41,33 707.37 (4) (d) A lien under s. 292.31 (8) (i) or 292.41 (6) (d) or 292.81.
AB1089-ASA2, s. 118 4Section 118. 779.01 (4) of the statutes, as affected by 1995 Wisconsin Act 225,
5is amended to read:
AB1089-ASA2,41,226 779.01 (4) Priority of construction lien. The lien provided in sub. (3) shall
7be prior to any lien which originates subsequent to the visible commencement in
8place of the work of improvement, except as otherwise provided by ss. 144.442 (9) (i),
9144.76 (13), 144.77 (6) (d), 215.21 (4) (a) and 706.11 (1). When new construction is
10the principal improvement involved, commencement is deemed to occur no earlier
11than the beginning of substantial excavation for the foundations, footings or base of
12the new construction, except where the new construction is to be added to a
13substantial existing structure, in which case the commencement is the time of the
14beginning of substantial excavation or the time of the beginning of substantial
15preparation of the existing structure to receive the added new construction,
16whichever is earlier. The lien also shall be prior to any unrecorded mortgage given
17prior to the commencement of the work of improvement, if the lien claimant has no
18actual notice of the mortgage before the commencement. Lien claimants who
19perform work or procure its performance or furnish any labor or materials or plans
20or specifications for an improvement prior to the visible commencement of the work
21of improvement shall have lien rights, but shall have only the priority accorded to
22other lien claimants.
AB1089-ASA2, s. 119 23Section 119 . 779.01 (4) of the statutes, as affected by 1995 Wisconsin Acts 227
24and .... (this act), is amended to read:
AB1089-ASA2,42,16
1779.01 (4) Priority of construction lien. The lien provided in sub. (3) shall
2be prior to any lien which originates subsequent to the visible commencement in
3place of the work of improvement, except as otherwise provided by ss. 215.21 (4) (a),
4292.31 (8) (i), 292.41 (6) (d), 292.81 and 706.11 (1). When new construction is the
5principal improvement involved, commencement is deemed to occur no earlier than
6the beginning of substantial excavation for the foundations, footings or base of the
7new construction, except where the new construction is to be added to a substantial
8existing structure, in which case the commencement is the time of the beginning of
9substantial excavation or the time of the beginning of substantial preparation of the
10existing structure to receive the added new construction, whichever is earlier. The
11lien also shall be prior to any unrecorded mortgage given prior to the commencement
12of the work of improvement, if the lien claimant has no actual notice of the mortgage
13before the commencement. Lien claimants who perform work or procure its
14performance or furnish any labor or materials or plans or specifications for an
15improvement prior to the visible commencement of the work of improvement shall
16have lien rights, but shall have only the priority accorded to other lien claimants.
AB1089-ASA2, s. 120 17Section 120. 779.35 of the statutes is amended to read:
AB1089-ASA2,43,7 18779.35 Mining liens. Any person who shall perform any labor or services for
19any person or corporation engaged in or organized for the purpose of mining,
20smelting or manufacturing iron, copper, silver or other ores or minerals, and any
21bona fide holder of any draft, time check or order for the payment of money due for
22any such labor, issued or drawn by any such person or corporation, shall have a lien
23for the wages due for the amount due on such draft, check or order upon all the
24personal property connected with such mining, smelting or manufacturing industry
25belonging to such person or corporation, including the ores or products of such mine

1or manufactory, together with the machinery and other personal property used in the
2operation of such mine or manufactory and all the interest of such person or
3corporation in any real estate belonging thereto and connected with such business,
4which said lien shall take precedence of all other debts, judgments, decrees, liens or
5mortgages against such person or corporation, except liens accruing for taxes, fines
6or penalties and liens under ss. 144.442 (9) (i), and 144.76 (13) and 144.77 (6) (d),
7subject to the exceptions and limitations hereinafter set forth.
AB1089-ASA2, s. 121 8Section 121 . 779.35 of the statutes, as affected by 1995 Wisconsin Acts 227 and
9.... (this act), is amended to read:
AB1089-ASA2,43,24 10779.35 Mining liens. Any person who shall perform any labor or services for
11any person or corporation engaged in or organized for the purpose of mining,
12smelting or manufacturing iron, copper, silver or other ores or minerals, and any
13bona fide holder of any draft, time check or order for the payment of money due for
14any such labor, issued or drawn by any such person or corporation, shall have a lien
15for the wages due for the amount due on such draft, check or order upon all the
16personal property connected with such mining, smelting or manufacturing industry
17belonging to such person or corporation, including the ores or products of such mine
18or manufactory, together with the machinery and other personal property used in the
19operation of such mine or manufactory and all the interest of such person or
20corporation in any real estate belonging thereto and connected with such business,
21which said lien shall take precedence of all other debts, judgments, decrees, liens or
22mortgages against such person or corporation, except liens accruing for taxes, fines
23or penalties and liens under ss. 292.31 (8) (i) and 292.41 (6) (d) and 292.81, subject
24to the exceptions and limitations hereinafter set forth.
AB1089-ASA2, s. 122
1Section 122 . 779.40 (1) of the statutes, as affected by 1995 Wisconsin Act 225,
2is amended to read:
AB1089-ASA2,44,153 779.40 (1) Any person who shall perform any labor for an employer not the
4owner of the real estate, engaged in quarrying, crushing, cutting or otherwise
5preparing stone for use or for manufacturing lime and any bona fide holder of any
6draft, time check or order for the payment of money due for any such labor issued by
7such employer, shall have a lien for wages owed and for the amount due on such draft,
8check or order upon the personal property connected with such industry owned by
9such employer, including interest in the product of such quarry or factory and
10machinery and other personal property used in the operation of such quarry or
11factory, and all interest in any lease of the real estate connected with such business,
12which lien shall take precedence of all other debts, judgments, decrees, liens or
13mortgages against such employer, except taxes, fines or penalties and mortgages or
14judgments recorded or entered before such labor is performed and except liens under
15ss. 144.442 (9) (i), and 144.76 (13) and 144.77 (6) (d).
AB1089-ASA2, s. 123 16Section 123. 779.40 (1) of the statutes, as affected by 1995 Wisconsin Acts 227
17and .... (this act), is amended to read:
AB1089-ASA2,45,518 779.40 (1) Any person who shall perform any labor for an employer not the
19owner of the real estate, engaged in quarrying, crushing, cutting or otherwise
20preparing stone for use or for manufacturing lime and any bona fide holder of any
21draft, time check or order for the payment of money due for any such labor issued by
22such employer, shall have a lien for wages owed and for the amount due on such draft,
23check or order upon the personal property connected with such industry owned by
24such employer, including interest in the product of such quarry or factory and
25machinery and other personal property used in the operation of such quarry or

1factory, and all interest in any lease of the real estate connected with such business,
2which lien shall take precedence of all other debts, judgments, decrees, liens or
3mortgages against such employer, except taxes, fines or penalties and mortgages or
4judgments recorded or entered before such labor is performed and except liens under
5ss. 292.31 (8) (i) and 292.41 (6) (d) and 292.81.
AB1089-ASA2, s. 124 6Section 124. 823.115 (1) of the statutes is amended to read:
AB1089-ASA2,45,197 823.115 (1) If personal and real property are ordered sold under s. 823.114, and
8the real property is not released to the owner under s. 823.15, the plaintiff in the
9action under s. 823.113 shall sell the property at the highest available price. The city,
10town or village may sell the property at either a public or private sale. The proceeds
11of the sale shall be applied to the payment of the costs of the action and abatement
12and any liens on the property, and the balance, if any, paid as provided in sub. (2).
13The plaintiff may file a notice of the pendency of the action as in actions affecting the
14title to real estate and if the owner of the building or structure, or the owner of the
15land upon which the building or structure is located, is found guilty of the nuisance,
16the judgment for costs of the action not paid out of the proceeds of the sale of the
17property shall constitute a lien on the real estate prior to any other lien created after
18the filing of the lis pendens, except a lien under s. 144.442 (9) (i), or 144.76 (13) or
19144.77 (6) (d)
.
AB1089-ASA2, s. 125 20Section 125 . 823.115 (1) of the statutes, as affected by 1995 Wisconsin Acts 227
21and .... (this act), is amended to read:
AB1089-ASA2,46,922 823.115 (1) If personal and real property are ordered sold under s. 823.114, and
23the real property is not released to the owner under s. 823.15, the plaintiff in the
24action under s. 823.113 shall sell the property at the highest available price. The city,
25town or village may sell the property at either a public or private sale. The proceeds

1of the sale shall be applied to the payment of the costs of the action and abatement
2and any liens on the property, and the balance, if any, paid as provided in sub. (2).
3The plaintiff may file a notice of the pendency of the action as in actions affecting the
4title to real estate and if the owner of the building or structure, or the owner of the
5land upon which the building or structure is located, is found guilty of the nuisance,
6the judgment for costs of the action not paid out of the proceeds of the sale of the
7property shall constitute a lien on the real estate prior to any other lien created after
8the filing of the lis pendens, except a lien under s. 292.31 (8) (i) or 292.41 (6) (d) or
9292.81.
AB1089-ASA2, s. 126 10Section 126 . Nonstatutory provisions; commerce.
AB1089-ASA2,46,1911 (1)   Additional awards for failed remedial action. The department of
12commerce shall study the implementation of section 101.143 (4) (a) 8. of the statutes,
13as created by this act, with particular attention to the effect of the maximum
14allowable awards under the petroleum environmental cleanup fund award program.
15No later than March 1, 1997, the department shall distribute its report on the study
16to the appropriate standing committees of the legislature, as determined by the
17president of the senate and the speaker of the assembly, in the manner provided
18under section 13.172 (3) of the statutes and to the cochairpersons of the joint
19committee on finance.
AB1089-ASA2,46,2020 (2)  Emergency rules.
AB1089-ASA2,47,221 (a)   The department of commerce may use the procedure under section 227.24
22of the statutes to promulgate rules under section 101.143 of the statutes, as affected
23by the laws of 1995. Notwithstanding section 227.24 (1) (c) and (2) of the statutes,
24the emergency rules may remain in effect for a period not to exceed 2 years.
25Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the department

1need not provide evidence of the necessity of preservation of the public peace, health,
2safety or welfare in promulgating the rules under this paragraph.
AB1089-ASA2,47,43 (b) The department of commerce may not promulgate emergency rules under
4paragraph (a) after December 31, 1996.
AB1089-ASA2, s. 127 5Section 127 . Nonstatutory provisions; industry, labor and human
relations.
AB1089-ASA2,47,136 (1)  Emergency rules. Before July 1, 1996, the department of industry, labor
7and human relations may use the procedure under section 227.24 of the statutes to
8promulgate rules under section 101.143 of the statutes, as affected by the laws of
91995. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the emergency
10rules may remain in effect for a period not to exceed 2 years. Notwithstanding section
11227.24 (1) (a) and (2) (b) of the statutes, the department need not provide evidence
12of the necessity of preservation of the public peace, health, safety or welfare in
13promulgating the rules under this subsection.
AB1089-ASA2, s. 128 14Section 128. Effective dates. This act takes effect on July 1, 1996, or on the
15day after publication, whichever is later, except as follows:
AB1089-ASA2,47,1716 (1) The treatment of section 101.143 (4) (a) 5. and 7. of the statutes and Section
17127 of this act take effect on the day after publication.
AB1089-ASA2,48,518 (2) The treatment of sections 27.065 (10) (a) (by Section 2), 50.05 (15) (d) (by
19Section 4), 66.521 (9) (by Section 6 ), 70.01 (by Section 8 ), 76.13 (2) (by Section 10 ),
2076.22 (1) (by Section 12 ), 76.39 (5) (by Section 14 ), 88.40 (2) (by Section 16 ), 101.143
21(3) (c) 4. (by Section 21 ), 109.09 (2) (by Section 31 ), 144.765 (2) (am) (by Section 93 )
22and (6) (by Section 100 ), 214.495 (1) (by Section 103 ), 215.21 (4) (a) (by Section 105 ),
23292.31 (2) (f), 292.35 (7) and (9) (b) 1., 292.61 (3) (b) 4. and (5), 292.81 (2) (a) (intro.),
241. and 2. and (d) and (3), 703.16 (6) (e) (by Section 113), 706.11 (1) (intro.) (by Section

1115), 707.37 (4) (d) (by Section 117 ), 779.01 (4) (by Section 119 ), 779.35 (by Section
2121), 779.40 (1) (by Section 122) and 823.115 (1) (by Section 125 ) of the statutes, the
3renumbering of sections 144.4422 (1) (bm) and 144.765 (1) (f) (intro.), 1. and 3. of the
4statutes and the renumbering and amendment of section 144.765 (1) (f) 2. of the
5statutes take effect on January 1, 1997.
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