2009 - 2010 LEGISLATURE
SENATE AMENDMENT 1,
TO 2009 SENATE BILL 2
February 6, 2009 - Offered by Senator Lehman.
SB2-SA1,1,4
4"
Section 4d. 109.09 (2) (a) of the statutes is amended to read:
SB2-SA1,1,125
109.09
(2) (a) The department of workforce development, under its authority
6under sub. (1) to maintain actions for the benefit of employees,
or an employee who
7brings an action under s. 109.03 (5)
, or the recognized or certified collective
8bargaining representative of an employee, under its authority under s. 109.03 (5) to
9maintain actions for the benefit of employees, shall have a lien upon all property of
10the employer, real or personal, located in this state for the full amount of any wage
11claim or wage deficiency.
A lien under this paragraph is created when the services
12for which the wages are due are performed.
SB2-SA1, s. 5d
13Section 5d. 109.09 (2) (b) 1. of the statutes is amended to read:
SB2-SA1,2,9
1109.09
(2) (b) 1. A lien under par. (a) upon real property
takes effect is perfected 2when the department of workforce development
or, employee
, or collective
3bargaining representative files a notice of the lien with the clerk of the circuit court
4of the county in which the services or some part of the services were performed, pays
5the fee specified in s. 814.61 (5) to that clerk of circuit court
, and serves a copy of
that
6petition the notice on the employer by personal service in the same manner as a
7summons is served under s. 801.11 or by certified mail with a return receipt
8requested. The clerk of circuit court shall enter the notice of the lien on the judgment
9and lien docket kept under s. 779.07.
SB2-SA1, s. 6d
10Section 6d. 109.09 (2) (b) 2. of the statutes is amended to read:
SB2-SA1,2,2011
109.09
(2) (b) 2. A lien under par. (a) upon personal property
takes effect is
12perfected when the department of workforce development
or, employee
, or collective
13bargaining representative files
a notice of the lien
with the department of financial
14institutions in the same manner
, and form
, and place as financing statements are
15filed
under subch. V of ch. 409 regarding debtors who are located in this state, pays
16the
same fee provided in s. 409.525 for filing financing statements, and serves a copy
17of the notice on the employer by personal service in the same manner as a summons
18is served under s. 801.11 or by certified mail with a return receipt requested. The
19department of financial institutions shall place the notice of the lien in the same file
20as financing statements are filed under subch. V of ch. 409.".
SB2-SA1,2,22
22"
Section 9d. 109.09 (2) (c) 1m. of the statutes is amended to read:
SB2-SA1,3,1123
109.09
(2) (c) 1m. A lien under par. (a) takes precedence over all other debts,
24judgments, decrees, liens,
interests, or mortgages against the employer, except a lien
1of a commercial lending institution as provided in subd. 2.
and 3., a lien of a financial
2institution as provided in subd. 3., or a lien under s. 292.31 (8) (i) or 292.81,
3regardless of whether those other debts, judgments, decrees, liens,
interests, or
4mortgages originate before or after the lien under par. (a)
takes effect is perfected.
5A lien under par. (a) also takes precedence over the rights of any person that
6purchases any property of the employer after the lien is created, including any bona
7fide purchaser. A lien under par. (a) may be enforced in the manner provided in ss.
8779.09 to 779.12, 779.20, and 779.21, insofar as those provisions are applicable. The
9lien ceases to exist if the department of workforce development
or the, employee
, or
10collective bargaining representative does not bring an action to enforce the lien
11within the period prescribed in s. 893.44 for the underlying wage claim.
SB2-SA1, s. 10d
12Section 10d. 109.09 (2) (c) 2. of the statutes is amended to read:
SB2-SA1,4,813
109.09
(2) (c) 2. Except as provided in this subdivision, a lien under par. (a) does
14not take precedence over a lien of a commercial lending institution against the
15employer
that is perfected as of the day before the effective date of this subdivision
16.... [LRB inserts date], and that
originates
is perfected before the lien under par. (a)
17takes effect is perfected or over a lien of a commercial lending institution against the
18employer for any amount advanced by the commercial lending institution after a lien
19under par. (a) is perfected under a contract entered into before the effective date of
20this subdivision .... [LRB inserts date], including any renewal or time extension of
21such a contract. Subject to subd. 3., a lien under par. (a) takes precedence over a lien
22of a commercial lending institution against the employer
that is perfected as of the
23day before the effective date of this subdivision .... [LRB inserts date], and that
24originates is perfected before the lien under par. (a)
takes effect is perfected, or over
25a lien of a commercial lending institution against the employer for any amount
1advanced by the commercial lending institution after a lien under par. (a) is perfected
2under a contract entered into before the effective date of this subdivision .... [LRB
3inserts date], including any renewal or time extension of such a contract, only as to
4the first $3,000 of unpaid wages covered under the lien that are earned by an
5employee within the 6 months preceding the date on which the employee
or collective
6bargaining representative files the wage claim under sub. (1) or brings the action
7under s. 109.03 (5) or the date on which the department receives the wage claim
8under s. 109.10 (4) (a), whichever is applicable.
SB2-SA1, s. 11d
9Section 11d. 109.09 (2) (c) 3. of the statutes is amended to read:
SB2-SA1,4,2010
109.09
(2) (c) 3. Notwithstanding subd. 2., a lien of a financial institution that
11exists on is perfected as of November 30, 2003, and that
originates is perfected before
12a lien under par. (a)
takes effect is perfected takes precedence over the lien under par.
13(a), and a lien of a financial institution for any amount advanced by the financial
14institution after a lien under par. (a)
takes effect
is perfected under a contract entered
15into before December 1, 2003, including any
extension or renewal
or time extension 16of such a contract, takes precedence over the lien under par. (a). Notwithstanding
17subd. 2., a lien under par. (a) that
exists on is perfected as of November 30, 2003,
18takes precedence over a lien of a commercial lending institution that is not a financial
19institution, regardless of whether the lien of the commercial lending institution
20originates is perfected before or after the lien under par. (a)
takes effect is perfected.".
SB2-SA1,5,3
1(1) Wage claim lien priority. The treatment of section 109.09 (2) (c) 1m. of the
2statutes first applies to a lien under section 109.09 (2) (a) of the statutes that is
3created on the effective date of this subsection.".