LRBs0090/1
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1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 138
April 12, 1995 - Offered by
Committee on Highways and Transportation.
AB138-ASA1,1,2
1An Act to amend 779.41 (1) (intro.), (a), (b) and (c) 1. to 4.; and
to create 779.41
2(1m) of the statutes;
relating to: mechanic's liens.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB138-ASA1, s. 1
3Section
1. 779.41 (1) (intro.), (a), (b) and (c) 1. to 4. of the statutes are amended
4to read:
AB138-ASA1,2,25
779.41
(1) (intro.) Every mechanic and every keeper of a garage or shop, and
6every employer of a mechanic who transports, makes, alters, repairs or does any
7work on personal property at the request of the owner or legal possessor of the
8personal property, has a lien on the personal property for the just and reasonable
9charges therefor, including any parts, accessories, materials or supplies furnished
10in connection therewith and may retain possession of the personal property until the
11charges are paid. The lien provided by this section is subject to the lien of any
12security interest in the property which is perfected as provided by law prior to the
13commencement of the work for which a lien is claimed unless the work was done with
1the express consent of the holder of the security interest, but only for charges in
2excess of
$1,000 $1,500 except if the personal property is:
AB138-ASA1,2,43
(a) A trailer or semitrailer designed for use with a road tractor, for charges in
4excess of
$3,000 $4,500.
AB138-ASA1,2,75
(b) Road machinery, including mobile cranes and trench hoes, farm tractors,
6machines of husbandry, or off-highway construction vehicles and equipment, for
7charges in excess of
$5,000 $7,500.
AB138-ASA1,2,98
(c) 1. More than 10,000 and less than 20,000 pounds, for charges in excess of
9$2,000 $3,000.
AB138-ASA1,2,1110
2. 20,000 pounds or more but less than 40,000 pounds, for charges in excess of
11$4,000 $6,000.
AB138-ASA1,2,1312
3. 40,000 pounds or more but less than 60,000 pounds, for charges in excess of
13$6,000 $9,000.
AB138-ASA1,2,1414
4. 60,000 pounds or more, for charges in excess of
$8,000 $12,000.
AB138-ASA1,2,1916
779.41
(1m) Annually, on January 1, the department of agriculture, trade and
17consumer protection shall adjust the dollar amounts identified under sub. (1) (intro.),
18(a), (b) and (c) 1. to 4. by the annual change in the consumer price index, as
19determined under s. 16.004 (8) (e) 1., and publish the adjusted figures.
AB138-ASA1,2,2321
(1) The treatment of section 779.41 (1) (intro.), (a), (b) and (c) 1. to 4. of the
22statutes first applies to liens on personal property transported, made, altered,
23worked on or repaired on the effective date of this subsection.
