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Bills from the 2009–10 session

Senate Bill 2

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

Passed the Senate, then stopped

The Senate passed it on Feb 10, 2009, but the Assembly never voted on it. A bill has to ⁠. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Jan 8, 2009

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed Feb 10, 2009

  4. Assembly vote, stopped here

    Stopped here. The Assembly never voted on it.

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Apr 28, 2010: “Failed to concur in pursuant to ⁠”

Read the bill

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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

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

13 senators are its ⁠. All 13 are Democrats.

10 more lawmakers ⁠.

See all 23 names

Authors (13)

Signed on in support (10)

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 were 3 votes on this bill.

Senate Committee on Labor vote to recommend it

Passed, 3 to 2 · Jan 30, 2009

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report passage recommended by committee on Labor, Elections and Urban Affairs, Ayes 3, Noes 2”. Official record · This vote on its own page

Senate vote to pass it

Passed, 17 to 15 · Feb 10, 2009

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Read a third time and passed, Ayes 17, Noes 15”. Official record · This vote on its own page

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

  1. Apr 28, 2010

    The session ended, and the bill died with it.

  2. Apr 22, 2010

    1 more representative signed on in support.

  3. Apr 20, 2010

    Sent to the Assembly Committee on Rules.

  4. Apr 20, 2010

    The committee voted to recommend passing it, 5 to 3.

  5. Mar 18, 2009

    The committee held a public hearing.

  6. Feb 17, 2009

    “Printed engrossed by the direction of the Assembly Chief Clerk” (the official wording)

  7. Feb 12, 2009

    Sent to the Assembly Committee on Labor.

  8. Feb 12, 2009

    The Assembly received it.

  9. Feb 10, 2009

    The Senate passed it, 17 to 15.

  10. Feb 10, 2009

    The Senate adopted it.

  11. Jan 30, 2009

    The committee voted to recommend passing it, 3 to 2.

  12. Jan 29, 2009

    The committee held a public hearing.

  13. Jan 23, 2009

    A state agency sent in its estimate of the cost.

  14. Jan 9, 2009

    1 more senator signed on in support.

  15. Jan 8, 2009

    Sent to the Senate Committee on Labor, Elections and Urban Affairs.

  16. Jan 8, 2009

    Introduced in the Senate.

See the official record, word for word
  1. Jan 8, 2009 · Senate

    Introduced by Senators Lehman, Robson, Hansen, Wirch, Carpenter, Decker, Kreitlow, Erpenbach, Coggs, Miller, Plale, Holperin and Taylor;Cosponsored by Representatives Garthwaite, Sinicki, Mason, Black, Turner, Jorgensen, Zepnick and Cullen

  2. Jan 8, 2009 · Senate

    Read first time and referred to committee on Labor, Elections and Urban Affairs

  3. Jan 9, 2009 · Senate

    Senator Jauch added as a coauthor

  4. Jan 23, 2009 · Senate

    Fiscal estimate received

  5. Jan 29, 2009 · Senate

    Public hearing held

  6. Jan 29, 2009 · Senate

    Executive action taken

  7. Jan 30, 2009 · Senate

    Report passage recommended by committee on Labor, Elections and Urban Affairs, Ayes 3, Noes 2

  8. Jan 30, 2009 · Senate

    Available for scheduling

  9. Feb 5, 2009 · Senate

    Placed on calendar 2-10-2009 by committee on Senate Organization

  10. Feb 6, 2009 · Senate

    Senate amendment 1 offered by Senator Lehman

  11. Feb 10, 2009 · Senate

    LRB correction (Senate Amendment 1)

  12. Feb 10, 2009 · Senate

    Read a second time

  13. Feb 10, 2009 · Senate

    Senate amendment 1 to Senate amendment 1 offered by Senators Coggs and Kreitlow

  14. Feb 10, 2009 · Senate

    Senate amendment 1 to Senate amendment 1 adopted

  15. Feb 10, 2009 · Senate

    Senate amendment 1 adopted

  16. Feb 10, 2009 · Senate

    Senate amendment 2 offered by Senator Risser

  17. Feb 10, 2009 · Senate

    Senate amendment 2 withdrawn and returned to author

  18. Feb 10, 2009 · Senate

    Ordered to a third reading

  19. Feb 10, 2009 · Senate

    Rules suspended

  20. Feb 10, 2009 · Senate

    Read a third time and passed, Ayes 17, Noes 15

  21. Feb 10, 2009 · Senate

    Ordered immediately messaged

  22. Feb 12, 2009 · Assembly

    Received from Senate

  23. Feb 12, 2009 · Assembly

    Read first time and referred to committee on Labor

  24. Feb 17, 2009 · Assembly

    Printed engrossed by the direction of the Assembly Chief Clerk

  25. Mar 18, 2009 · Assembly

    Public hearing held

  26. Mar 19, 2009 · Assembly

    Assembly amendment 1 offered by Representative Nass

  27. Apr 20, 2010 · Assembly

    Executive action taken

  28. Apr 20, 2010 · Assembly

    Assembly substitute amendment 1 offered by committee on Labor

  29. Apr 20, 2010 · Assembly

    Report Assembly Substitute Amendment 1 adoption recommended by committee on Labor, Ayes 5, Noes 3

  30. Apr 20, 2010 · Assembly

    Report concurrence as amended recommended by committee on Labor, Ayes 5, Noes 3

  31. Apr 20, 2010 · Assembly

    Referred to committee on Rules

  32. Apr 20, 2010 · Assembly

    Made a special order of business at 11:19 A.M. on 4-22-2010 pursuant to Assembly Resolution 26

  33. Apr 22, 2010 · Assembly

    Representative Steinbrink added as a cosponsor

  34. Apr 28, 2010 · Assembly

    Failed to concur in pursuant to Senate Joint Resolution 1

Terms on this page

Second chamber's vote

A bill has to pass both the Assembly and the Senate in the same form before it goes to the governor.

Official term: Concurrence. More in the glossary

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

Second chamber's vote

A bill has to pass both the Assembly and the Senate in the same form before it goes to the governor.

Official term: Concurrence

More in the glossary

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