Feed for /1995/related/acts/201 PDF
(d) Keep the several books and indexes hereinafter mentioned in this section in the manner required.
(e) Indorse Endorse upon each instrument or writing received by the register for record a certificate of the time when it was received, specifying the day, hour and minute of reception and the volume and page where the same is recorded, which shall be evidence of such facts.
(f) Indorse Endorse plainly on each instrument received for record, or file as soon as received a number consecutive to the number affixed to the instrument next previously received according to the numbering now established, and to enter the same in the indexes.
(g) Safely keep and return to the party entitled thereto, on demand within a reasonable time, every instrument that is left with the register for record not required by law to be kept in the register's office.
(h) Register, file and index as directed by law, all marriages contracted, deaths and births occurring in the county.
(i) Make and deliver to any person, on demand and upon payment of the legal required fees therefor, a certified copy duly certified, with the register's official seal affixed, of any record, paper, file, map or plat in the register's office.
(j) File and safely keep in the register's office all of the records, documents and papers of any post of the Grand Army of the Republic and of any historical society in the register's county.
(k) Keep a book and record therein in that book all certificates of organization of corporations, and all amendments thereof of such certificates that are filed or required by law to be recorded in the register's office, and an alphabetical index of the names of such corporations, with a reference to the number and page of the volume where such writings are recorded respectively.
201,341 Section 341. 59.51 (11) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 59.43 (1) (L) and amended to read:
59.43 (1) (L) File all documents pertaining to security interests in personal property, crops or fixtures that are required or authorized by law to be filed with the register. Except as otherwise prescribed by the department of financial institutions pursuant to under ss. 409.403 to 409.406, these documents shall be executed on white or light colored sheets of paper, 8 or 8-1/2 8.5 inches wide and 5, 7, 10-1/2 10.5 or 14 inches long. Whenever there is offered for filing any document that varies more than one-eighth of an inch from the approved size, or that is not on a standard form prescribed by the department of financial institutions, then in addition to the regular filing fee an additional filing fee shall be charged by the register of deeds, as prescribed by s. 59.57 sub. (2). No assignment, release or other instrument shall be offered for filing that is executed or endorsed on any other document, but each shall be a separate and distinct document, except those assignments or notices that are printed or written on and immediately following the original agreement or financing statement, offered for filing at the same time, shall be considered as one document. All of these documents shall be legibly written, and shall have the names of the debtor and secured party plainly printed or typed on the document and shall provide a space for filing data of the register of deeds on the outside of the document.
201,342 Section 342. 59.51 (12) to (13) of the statutes are renumbered 59.43 (1) and (m) to (o) and amended to read:
59.43 (1) (m) Keep these chattel documents in consecutive numerical arrangement, for the inspection of all persons, indorsing endorsing on each document the document number and the date and time of reception.
(n) Upon the filing of a financing statement or other document evidencing the creation of a security interest in personal property or fixtures or in crops growing or to be grown, enter the name of each debtor alphabetically in indices, of which each page shall be divided into columns which shall contain the following information: Number number of the document, date and time of filing, name and address of debtor, name and address of secured party, name of the document, the amount if any, shown in the document, brief description of property, and the last column set aside for the entry of assignments, continuation statements, termination statements, foreclosure affidavits, extensions and releases pertaining to such financing statements or chattel security documents. If the financing statement evidences the creation of a security interest in fixtures, it also shall be entered in the tract index if one is kept in the county.
(o) Upon the filing of an assignment, continuation statement, termination statement, foreclosure affidavit, extension or release pertaining to a filed financing statement or other chattel security document, enter the document number and the date and time of filing in the appropriate column of the indices referred to in sub. (12m) par. (n) and on the same line as that on which the entry of the filed financing statement or other chattel security document appears.
201,343 Section 343. 59.51 (14), (14m) and (14s) of the statutes are renumbered 59.43 (12) (a) to (c) and amended to read:
59.43 (12) (a) The county board of any county may, upon request of the register of deeds, authorize the destruction of all obsolete documents pertaining to chattels antedating by 6 years, including final books of entry.
(b) A county board may, upon request of the register of deeds, authorize the destruction of all documents pertaining to town mutual insurance companies that were formerly required to be filed under ch. 202, 1971 stats., and that under s. 612.81 no longer have to be filed and all documents pertaining to stock corporations that were formerly required to be recorded under ch. 180, 1987 stats., and that under ch ch. 180 no longer have to be recorded. At least 60 days prior to the proposed destruction, the register of deeds shall notify in writing the state historical society which may order delivery to it of any records of historical interest. The state historical society may, upon application, waive the notice.
(c) Notwithstanding this section, subsection, sub. (1) and ss. 16.61 (3) (e), 19.21 (1) and (5) and 59.715 to 59.717 59.52 (4), the county board may authorize the transfer of the custody of all records maintained by the register of deeds under s. 342.20 (4), 1979 stats., to the department of transportation.
201,344 Section 344. 59.51 (15) of the statutes is renumbered 59.43 (1) (p) and amended to read:
59.43 (1) (p) Perform all other duties that are required of the register of deeds by law.
201,345 Section 345. 59.51 (16) of the statutes is renumbered 59.43 (12) (d) and amended to read:
59.43 (12) (d) In any a county where the board has established a system of recording and indexing by means of electronic data processing, machine printed forms or optical disk storage, the process of typing, key punching keypunching, other automated machines or optical imaging may be used to replace any handwritten entry or endorsement as described in this section subsection or in sub. (1). The various documents and indexes may also be combined into a general document file with one numbering sequence and one index at any time. The term "book" as used in this section In this subsection and in sub. (1), "book", if automated equipment is used, may include forms, tab or computer printed sheets as well as cards and other supply forms which although processed separately may be bound after preparation.
201,346 Section 346. 59.51 (17) to (21) of the statutes are renumbered 59.43 (1) (q) to (u), and 59.43 (1) (q), (s) and (u), as renumbered, are amended to read:
59.43 (1) (q) Record and index writings that are submitted according to s. 144.44 (4) (b), evidencing that a solid or hazardous waste disposal facility will be established on the particular parcel described in the writings.
(s) Record and index statements of claim and perform the other duties specified under s. 706.057 (7).
(u) Submit that portion of recording fees collected under s. 59.57 (1) (a) 2. or 3. and (6a) (b) or (c) sub. (2) (ag) 1. and (e) and not retained by the county to the land information board under s. 59.88 59.72 (5).
201,347 Section 347. 59.512 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 59.43 (4) and amended to read:
59.43 (4) Register of deeds; microfilming and optical disk and electronic storage. (a) Except as provided in sub. (2) par. (b), upon the request of the register of deeds, any county, by board resolution, may authorize the register of deeds to photograph, microfilm or record on optical disks or in electronic format records of deeds, mortgages or other instruments relating to real property or may authorize the register of deeds to record on optical disks or in electronic format instruments relating to security interests in accordance with the requirements of s. 16.61 (7) or 59.145 59.52 (14) and to store the original records within the county at a place designated by the board. The storage place for the original records shall be reasonably safe and shall provide for the preservation of the records authorized to be stored under this subsection paragraph. The register of deeds shall keep a photograph, microfilm or optical disk or electronic copy of such records in conveniently accessible files in his or her office and shall provide for examination of such reproduction or examination of a copy generated from an optical disk or electronic file in enlarged, easily readable form upon request. Compliance with this subsection paragraph satisfies the requirement of s. 59.51 sub. (1) (a) that the register of deeds shall keep such records in his or her office. The register of deeds may make certified copies reproduced from an authorized photograph, from a copy generated from optical disk or electronic storage or from the original records.
(b) The register of deeds may microfilm or record on optical disks or in electronic format notices of lis pendens that are at least one year old, in accordance with the requirements of s. 16.61 (7) or 59.145 (2) to (4) 59.52 (14) (b) to (d). The register of deeds shall keep a microfilm or optical disk or electronic copy of notices of lis pendens in conveniently accessible files in his or her office and shall provide for examination of such reproduction or examination of a copy generated from optical disk or electronic storage in enlarged, easily readable form upon request. Compliance with this subsection paragraph satisfies the requirement of s. 59.51 sub. (1) (a) that the register of deeds shall keep such records in his or her office. The register of deeds may make certified copies reproduced from a copy generated from microfilm or from optical disk or electronic storage. The register of deeds may destroy or move to off-site storage any notice of lis pendens that has been microfilmed or recorded on optical disk or in electronic format under this subsection paragraph.
201,348 Section 348. 59.513 of the statutes is renumbered 59.43 (5) and amended to read:
59.43 (5) Including name of person drafting instrument. (a) No instrument by which the title to real estate, or any interest therein or lien thereon, is conveyed, created, encumbered, assigned or otherwise disposed of, shall be recorded by the register of deeds unless the name of the person who, or governmental agency which, drafted such instrument is printed, typewritten, stamped or written thereon in a legible manner. An instrument complies with this section subsection if it contains a statement in the following form: "This instrument was drafted by .... (name) ....".
(b) Subsection (1) Paragraph (a) does not apply to an instrument executed before May 9, 1957, or to:
1. A decree, order, judgment or writ of any a court.
2. A will or a death certificate.
3. An instrument that is executed or acknowledged outside of this state.
201,349 Section 349. 59.514 of the statutes is renumbered 59.43 (7) and amended to read:
59.43 (7) Including tax key or parcel identification number. (a) In counties having with a population of 500,000 or more where tax key numbers are used in the tax roll for taxes based on the value of property in cities, villages or towns municipalities, any conveyance, as defined in s. 706.01 (4), of any interest in real estate located in such a municipality shall contain reference to the key number affected. The tax key number shall be required for the recording of the conveyance.
(b) In counties having with a population of less than 500,000 where parcel identification numbers are used in the tax roll for taxes based on the value of property in cities, villages or towns municipalities, any conveyance, as defined in s. 706.01 (4), of any interest in real estate located in such a municipality shall contain reference to the parcel identification number affected if the county in which the parcel is located enacts an ordinance that requires the use of such a number in a conveyance. The parcel identification number shall be required for the recording of the conveyance, for administrative purposes only, if the county enacts an ordinance under this subsection paragraph.
201,350 Section 350. 59.515 of the statutes is renumbered 59.43 (6) and amended to read:
59.43 (6) Effect of certain omissions in registers' records. The validity and effect of the record of any instrument in the office of register of deeds shall not be lessened or impaired by the fact that the name of any grantor, grantee, witness or notary was not printed or typed on the instrument or by the fact that it does not comply with s. 59.513 sub. (5).
201,351 Section 351. 59.516 of the statutes is renumbered 59.43 (8) and amended to read:
59.43 (8) Required signature and seal on survey document for filing or recording. It is unlawful for the register of deeds of any county or any proper public authority to file or record any a map, plat, survey or other document within the definition of land surveying, which does not have impressed thereon, and affixed thereto, the personal signature and seal of a registered land surveyor under whose responsible charge the map, plat, survey or other document was prepared. This section subsection does not apply to any deed, contract or other recordable document prepared by an attorney.
201,352 Section 352. 59.517 of the statutes, as created by 1995 Wisconsin Act 110, section 1, is renumbered 59.43 (2m).
201,353 Section 353 . 59.517 (4) (a) of the statutes, as affected by 1995 Wisconsin Act 110, section 1m, is renumbered 59.43 (2m) (d) 1.
201,354 Section 354. 59.52 (title) of the statutes is created to read:
59.52 (title) County administration.
201,355 Section 355. 59.52 of the statutes is renumbered 59.43 (9) and amended to read:
59.43 (9) General index; electronic data processing. (a) 1. Each A register of deeds shall keep a general index, each page of which shall be divided into 9 columns, with heads to the respective columns as follows:
a. Number of the instrument.
b. Time of the instrument's reception.
c. Name of the grantor.
d. Name of the grantee.
e. Description of the land.
f. Name of the instrument.
g. Volume and page where the instrument is recorded.
h. To whom the instrument is delivered.
i. Fees The amount of fees received.
2. The register of deeds shall make correct entries in the index of every instrument or writing received by the register for record, under the respective and appropriate heads, entering the names of the grantors in alphabetical order; and the register shall immediately upon the receipt of any instrument or writing for record enter in the appropriate column, and in the order of time in which it was received, the day, hour and minute of reception; and the same shall be considered as recorded at the time so noted. Wherever any a register has made an entry in any index that is required by law to be kept in the register's office, in the index column provided for describing the land affected by the instrument indexed, stating "see record," "see deed," "see mortgage," or other instrument, as the case may be, that entry shall be a sufficient reference to the record of the instrument referred to if it be is in fact recorded at large in the place so referred to.
(b) Whenever a board has established a system of recording and indexing documents by means of electronic data processing, machine printed forms or cards or optical imaging, general alphabetic and numerical indexes without prebound books may be substituted for daily alphabetic and numerical indexes under this subsection or for the index under sub. (10).
201,356 Section 356. 59.52 (4) (title) of the statutes is created to read:
59.52 (4) (title) Destruction, transfer of obsolete records.
201,357 Section 357. 59.52 (6) (intro.) of the statutes is created to read:
59.52 (6) (intro.) The board may:
201,358 Section 358. 59.52 (11) (intro.) of the statutes is created to read:
59.52 (11) (intro.) The board may:
201,359 Section 359. 59.52 (12) (intro.) of the statutes is created to read:
59.52 (12) (intro.) The board may:
201,360 Section 360. 59.52 (16) (intro.) of the statutes is created to read:
59.52 (16) (intro.) The board may:
201,361 Section 361. 59.53 (title) and (1) (a) and (b) of the statutes are renumbered 59.43 (10) (title), (a) and (b) and amended to read:
59.43 (10) Index of records. (a) Each register of deeds shall keep an index of all records or files kept in the register's office showing the number of the instrument or writing consecutively, the kind of instrument and where the same instrument or writing is recorded or filed, arranged in 3 columns, headed "Number of the instrument", "Kind of instrument" and "Where the instrument is recorded or filed". The 3rd column shall be subdivided into 3 subcolumns headed "Volume", "Page" and "Letters of file".
(b) Each register of deeds shall also keep another index showing the number of the instrument, the names of the grantees in each instrument or writing in alphabetical order, the names of the grantors, the volume and page where the same instrument or writing is recorded and the name of the instrument or writing.
201,362 Section 362. 59.53 (title) of the statutes is created to read:
59.53 (title) Health and human services.
201,363 Section 363. 59.53 (2) of the statutes is repealed.
201,364 Section 364. 59.53 (11) (intro.) of the statutes is created to read:
59.53 (11) (intro.) The board may:
201,365 Section 365. 59.535 (title) of the statutes is created to read:
59.535 (title) Veterans affairs.
201,366 Section 366. 59.54 (title) of the statutes is created to read:
59.54 (title) Public protection and safety.
201,367 Section 367. 59.54 of the statutes is renumbered 59.43 (11), and 59.43 (11) (intro.), as renumbered, is amended to read:
59.43 (11) Record of attachments, lis pendens, etc. (intro.) Each A register of deeds shall file or record, and index, every writ of attachment or certified copy thereof of such a writ and certificate of real estate attached, every certificate of sale of real estate, and every notice of the pendency of any an action affecting real estate, which may be filed or recorded in the register's office. The register of deeds shall maintain an index for these documents that provides all of the following:
201,368 Section 368. 59.55 (title) of the statutes is created to read:
59.55 (title) Consumer protection.
201,369 Section 369. 59.55 of the statutes is renumbered 59.43 (12m), and 59.43 (12m) (a) (intro.), 1. and 3., (b), (bm), (c) and (d), as renumbered, are amended to read:
59.43 (12m) (a) (intro.) The county board by ordinance may require the register of deeds to keep a tract index in any one of the following forms, as specified by the county board:
1. Suitable books, so ruled and arranged so that opposite to the description of each quarter section, sectional lot, town, city or, village or town lot or other subdivision of land in the county, which a convenient arrangement may require to be noted, there shall be a blank space of at least 40 square inches in which the register shall enter in ink the letter or numeral indicating each volume, and the class of records of that volume designating mortgages by the letter M, deeds by the letter D, and miscellaneous by the abbreviation Mis., and the register of attachments, sales and notices by the letter R, together with the page of that volume upon which any deed, mortgage or other instrument affecting the title to or mentioning a tract or any part thereof has been recorded or entered.
3. Any other system that will allow the register of deeds to keep a tract index which contains information substantially equivalent to the information required to be contained in the tract index system under par. (a) subd. 1.
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