Assembly Bill 40
The filing of a wage claim or the bringing of a wage claim action by a collective bargaining representative on behalf of an employee and the priority of a wage claim lien over a prior lien of a commercial lending institution and over the rights of a purchaser of any property of the employer
Topics: Collective bargaining, Employment, Financial institution, Lien, Wage, Workforce Development, Department of
Stopped before the full Assembly voted
The recommended passing it, but the full Assembly never voted on it. To try again, a lawmaker would have to start a new bill.
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Introduced, passed
Feb 12, 2009
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Committee, passed
Approved
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Assembly vote, stopped here
Stopped here. The full Assembly never voted on it.
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Senate vote, not reached
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Governor, not reached
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Law, not reached
Latest entry in the official record, Apr 28, 2010: “Failed to pass pursuant to ”
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Terms on this page
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
What it would have done
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
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 (wage claim lien). Currently, a wage claim lien takes precedence over all other debts, judgments, decrees, liens, or mortgages against an employer, except for a lien of a commercial lending institution that originates before the wage claim lien takes effect (prior lien), regardless of whether those other debts, judgments, decrees, liens, or mortgages originated before or after the wage claim lien takes effect. Current law provides, however, that a wage claim lien takes precedence over a prior lien of a commercial lending institution as to the first $3,000 of unpaid wages covered under the wage claim lien that are earned within the six months preceding the filing of the wage claim with DWD or the commencement of an action by the employee to recover the wages due.
Read the full summary Show less
This bill eliminates that $3,000 cap and six-month time limit so that under the bill a wage claim lien covering any amount of wages earned at any time takes precedence over a lien of a commercial lending institution, regardless of whether the lien of the commercial lending institution originated before or after the wage claim lien takes effect.
The bill also provides that a wage claim lien takes precedence over the rights of any purchaser of any property of the employer, including any bona fide purchaser that purchases the property of the employer at the time of commencement of a bankruptcy proceeding, that is, the trustee in bankruptcy. This change reverses In Re Globe Building Materials, Inc., 463 F. 3d 631 (7th Cir. 2006), which held that the trustee in bankruptcy could avoid a wage claim lien because under the current wage claim lien law a wage claim does not expressly take precedence over the rights of a bona fide purchaser under the federal bankruptcy law.
Finally, the bill permits a recognized or certified collective bargaining representative of an employee to file a wage claim with DWD, or to bring a wage claim action in court, on behalf of an employee and grants a wage claim lien to a collective bargaining representative that brings a wage claim action.
Who's behind it
20 representatives are its . All 20 are Democrats.
13 more lawmakers .
See all 33 names Hide the names
Authors (20)
- Terese Berceau · Democrat, Assembly
- Penny Bernard Schaber · Democrat, Assembly
- Spencer Black · Democrat, Assembly
- David Cullen · Democrat, Assembly
- Phil Garthwaite · Democrat, Assembly
- Tamara Grigsby · Democrat, Assembly
- Steve Hilgenberg · Democrat, Assembly
- Andy Jorgensen · Democrat, Assembly
- Frederick Kessler · Democrat, Assembly
- Cory Mason · Democrat, Assembly
- Joe Parisi · Democrat, Assembly
- Jon Richards · Democrat, Assembly
- Christine Sinicki · Democrat, Assembly
- James Soletski · Democrat, Assembly
- Tony Staskunas · Democrat, Assembly
- John Steinbrink · Democrat, Assembly
- Barbara Toles · Democrat, Assembly
- Robert Turner · Democrat, Assembly
- Terry Van Akkeren · Democrat, Assembly
- Josh Zepnick · Democrat, Assembly
Signed on in support (13)
- Tim Carpenter · Democrat, Senate
- Spencer Coggs · Democrat, Senate
- Russell Decker · Democrat, Senate
- Jon Erpenbach · Democrat, Senate
- Dave Hansen · Democrat, Senate
- Jim Holperin · Democrat, Senate
- Pat Kreitlow · Democrat, Senate
- John Lehman · Democrat, Senate
- Mark Miller · Democrat, Senate
- Jeffrey Plale · Democrat, Senate
- Judy Robson · Democrat, Senate
- Lena Taylor · Democrat, Senate
- Bob Wirch · Democrat, Senate
What it would cost
State agencies filed a . Each opens as a PDF from the Legislature.
Versions and amendments
Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.
How lawmakers voted
There was one vote on this bill.
Assembly Committee on Labor vote on an amendment
Passed, 5 to 3 · Apr 20, 2010
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report Assembly Substitute Amendment 1 adoption recommended by committee on Labor, Ayes 5, Noes 3”. Official record · This vote on its own page
What happened
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Apr 28, 2010
The session ended, and the bill died with it.
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Apr 20, 2010
Sent to the Assembly Committee on Rules.
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Apr 20, 2010
The committee voted to recommend passing it, 5 to 3.
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Mar 18, 2009
The committee held a public hearing.
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Feb 24, 2009
A state agency sent in its estimate of the cost.
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Feb 12, 2009
Sent to the Assembly Committee on Labor.
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Feb 12, 2009
Introduced in the Assembly.
See the official record, word for word Hide the official record
- Feb 12, 2009 · Assembly
Introduced by Representatives Garthwaite, Sinicki, Berceau, Black, Cullen, Grigsby, Hilgenberg, Jorgensen, Kessler, Mason, Parisi, Richards, Soletski, Staskunas, Steinbrink, Toles, Turner, Van Akkeren, Zepnick and Bernard Schaber;Cosponsored by Senators Lehman, Robson, Hansen, Carpenter, Coggs, Decker, Erpenbach, Holperin, Kreitlow, Miller, Plale, Taylor and Wirch
- Feb 12, 2009 · Assembly
Read first time and referred to committee on Labor
- Feb 24, 2009 · Assembly
Fiscal estimate received
- Mar 18, 2009 · Assembly
Public hearing held
- Mar 19, 2009 · Assembly
Assembly amendment 1 offered by Representative Nass
- Apr 19, 2010 · Assembly
Assembly substitute amendment 1 offered by Representative Garthwaite
- Apr 20, 2010 · Assembly
Executive action taken
- Apr 20, 2010 · Assembly
Report Assembly Substitute Amendment 1 adoption recommended by committee on Labor, Ayes 5, Noes 3
- Apr 20, 2010 · Assembly
Report passage as amended recommended by committee on Labor, Ayes 5, Noes 3
- Apr 20, 2010 · Assembly
Referred to committee on Rules
- Apr 28, 2010 · Assembly
Failed to pass pursuant to Senate Joint Resolution 1
Terms on this page
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote