Feed for /1999/related/acts/96 PDF
Date of enactment: April 25, 2000
1999 Assembly Bill 583 Date of publication*: May 8, 2000
* Section 991.11, Wisconsin Statutes 1997-98: Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
1999 WISCONSIN ACT 96
An Act to repeal 59.43 (5) (b) 2., 59.43 (10), 59.43 (11) (a), (b) and (c), 59.43 (12m) (bm), 59.43 (12m) (d) and 236.02 (10); to renumber and amend 59.43 (11) (intro.); to amend 27.065 (13) (a), 59.43 (1) (a), 59.43 (1) (c), 59.43 (1) (d), 59.43 (1) (e), 59.43 (1) (f), 59.43 (1) (k), 59.43 (2) (h), 59.43 (3), 59.43 (7) (title), 59.43 (7) (a), 59.43 (9) (title), 59.43 (9) (a) 1. (intro.), 59.43 (9) (a) 1. a., 59.43 (9) (a) 1. b., 59.43 (9) (a) 1. g., 59.43 (9) (a) 1. h., 59.43 (12m) (title) and (a) (intro.), 59.73 (1), 66.021 (1) (am) 2., 70.23 (2), 70.27 (3) (b), 75.521 (3) (am) 1., 77.16 (2), 80.38 (1), 81.11 (5), 236.34 (3), 703.28 (1m) (b), 706.05 (2m) (a) and 895.345 (2) (c); to repeal and recreate 59.43 (9) (a) 2., 59.43 (9) (b), 59.43 (12m) (a) 1., 59.43 (12m) (a) 2., 59.43 (12m) (a) 3. and 59.43 (12m) (c); and to create 59.43 (9) (c) and 236.02 (9c) of the statutes; relating to: changes to the treatment of documents by a register of deeds.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
96,1 Section 1. 27.065 (13) (a) of the statutes is amended to read:
27.065 (13) (a) Whenever in any proceeding under this section, whether for acquisition of land or improvement thereof, any tract of land which at the time of filing of the final assessment of benefits and damages is in one ownership and such tract or any portion thereof shall thereafter be divided or subdivided into 2 or more lots or parcels, either by recorded and filed plat or by conveyance duly recorded, and the special assessment of benefits against the original tract shall be outstanding, in instalments or otherwise, the county highway committee, after notice and hearing as hereinafter provided, on verified written request of the owner of such original tract or the owner of any portion thereof shall apportion said assessment of benefits among the several lots or parcels into which the original tract or any portion thereof is divided or subdivided.
96,2 Section 2. 59.43 (1) (a) of the statutes is amended to read:
59.43 (1) (a) Record or cause to be recorded in suitable books to be kept in his or her office, correctly and legibly all deeds, mortgages, maps, instruments and writings authorized by law to be recorded in his or her office and left with him or her for that purpose, provided such documents have plainly printed or typewritten thereon the names of the grantors, grantees, witnesses and notary. The register of deeds shall record and file or cause to be recorded and filed all plats and certified survey maps that are authorized to be accepted for recording and filing in his or her office. Any county, by a resolution duly adopted by the board, may combine the separate books or volumes for deeds, mortgages, miscellaneous instruments, attachments, lis pendens, sales and notices, certificates of organization of corporations, plats or other recorded or filed instruments or classes of documents as long as separate indexes are maintained may be produced. Notwithstanding any other provisions of the statutes, any county adopting a system of microfilming or like process or a system of recording documents by optical imaging or electronic formatting under ch. 228 may substitute the headings, reel, disk or electronic file name and microfilm image (frame) for volume and page where recorded and different classes of instruments may be recorded, reproduced or copied on or transferred to the same reel, disk or electronic file or part of a reel or disk. All recordings made prior to June 28, 1961, which would have been valid under this paragraph, had this paragraph then been in effect, are hereby validated. In this subsection, "book", if automated recording or indexing equipment is used, includes the meaning given under sub. (12) (d).
96,3 Section 3. 59.43 (1) (c) of the statutes is amended to read:
59.43 (1) (c) State upon the record of any instrument the number and denomination of all United States internal revenue stamps that are affixed thereto and shall also state upon the record conveyance of real estate the real estate transfer fee paid or, if the conveyance is not subject to a fee, the reason for the exemption, citing the relevant subsection of s. 77.25.
96,4 Section 4. 59.43 (1) (d) of the statutes is amended to read:
59.43 (1) (d) Keep the books and indexes safely and maintain the documents, images of recorded documents and indices mentioned in this section and in s. 84.095 in the manner required.
96,5 Section 5. 59.43 (1) (e) of the statutes is amended to read:
59.43 (1) (e) Endorse upon each instrument or writing received by the register for record a certificate of the date and 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. Instruments shall be recorded in the order in which they are received.
96,6 Section 6. 59.43 (1) (f) of the statutes is amended to read:
59.43 (1) (f) 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 assigned to the immediately previously recorded or filed instrument, such that all numbers are unique for each instrument within a group of public records that are kept together as a unit and relate to a particular subject.
96,8 Section 8. 59.43 (1) (k) of the statutes is amended to read:
59.43 (1) (k) Keep a book and record in that book all certificates of organization of corporations an index of all organizational documents of corporations, fraternal societies, religious organizations, associations and other entities, and all amendments of such certificates documents, that are allowed or required by law to be filed or required 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. The index shall access the documents by the names of the corporations, fraternal societies, religious organizations, associations and other entities, and shall contain a reference to the document number or volume and page number where the documents are filed or recorded in the register's office.
96,9 Section 9. 59.43 (2) (h) of the statutes is amended to read:
59.43 (2) (h) For recording and filing a cemetery plat under s. 157.07, a subdivision plat under s. 236.25 or a condominium plat under s. 703.07, $50.
96,10 Section 10. 59.43 (3) of the statutes is amended to read:
59.43 (3) Register of deeds; deputies. Every register of deeds shall appoint one or more deputies, who shall hold office at the register's pleasure. The appointment shall be in writing and shall be filed and recorded in the register's office. The deputy or deputies shall aid the register in the performance of the register's duties under the register's direction, and in case of the register's vacancy or the register's absence or inability to perform the duties of the register's office the deputy or deputies shall perform the duties of register until the vacancy is filled or during the continuance of the absence or inability.
96,11 Section 11. 59.43 (5) (b) 2. of the statutes is repealed.
96,12 Section 12. 59.43 (7) (title) of the statutes is amended to read:
59.43 (7) (title) Including tax key or parcel identification number.
96,13 Section 13. 59.43 (7) (a) of the statutes is amended to read:
59.43 (7) (a) In counties with a population of 500,000 or more where tax key parcel identification numbers are used in the tax roll for taxes based on the value of property in 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 parcel identification number affected. The tax key parcel identification number shall be required for the recording of the conveyance.
96,14 Section 14. 59.43 (9) (title) of the statutes is amended to read:
59.43 (9) (title) General index; electronic data processing Real estate records index.
96,15 Section 15. 59.43 (9) (a) 1. (intro.) of the statutes is amended to read:
59.43 (9) (a) 1. (intro.) A register of deeds shall keep a general maintain an index, each page of which shall be divided into 9 columns, with heads to the respective columns as follows for the real estate record series that contains at least all of the following:
96,16 Section 16. 59.43 (9) (a) 1. a. of the statutes is amended to read:
59.43 (9) (a) 1. a. Number of the instrument that is consecutive and unique within the record series.
96,17 Section 17. 59.43 (9) (a) 1. b. of the statutes is amended to read:
59.43 (9) (a) 1. b. Time and date of the instrument's reception acceptance.
96,18 Section 18. 59.43 (9) (a) 1. g. of the statutes is amended to read:
59.43 (9) (a) 1. g. Volume and page where the instrument is recorded or filed.
96,19 Section 19. 59.43 (9) (a) 1. h. of the statutes is amended to read:
59.43 (9) (a) 1. h. To whom the instrument is delivered, unless the document is kept on file.
96,20 Section 20. 59.43 (9) (a) 2. of the statutes is repealed and recreated to read:
59.43 (9) (a) 2. The index shall be accessible and searchable by at least all of the following means:
a. Name of the grantor.
b. Name of the grantee.
c. Document number, or volume and page where the instrument is recorded or filed.
d. By tract of land parcel if the county has a tract index.
96,21 Section 21. 59.43 (9) (b) of the statutes is repealed and recreated to read:
59.43 (9) (b) In the case of assignments, satisfactions and partial releases of mortgages, and subordination of mortgages, the index shall also contain the document number or volume and page of the original mortgage instrument whenever that original mortgage instrument is referenced on the document.
96,22 Section 22. 59.43 (9) (c) of the statutes is created to read:
59.43 (9) (c) With regard to affidavits of corrections of filed documents, the register shall include at least one of the following notations on the filed document:
1. The document number of the affidavit of correction.
2. The volume and page number where the affidavit of correction is filed, and the date when the affidavit is filed.
96,23 Section 23. 59.43 (10) of the statutes is repealed.
96,24 Section 24. 59.43 (11) (intro.) of the statutes is renumbered 59.43 (11) and amended to read:
59.43 (11) Record of attachments, lis pendens, etc. A register of deeds shall file or record, and index in the real estate records index, every writ of attachment or certified copy of such a writ and certificate of real estate attached, every certificate of sale of real estate, and every notice of the pendency of 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:
96,25 Section 25. 59.43 (11) (a), (b) and (c) of the statutes are repealed.
96,26 Section 26. 59.43 (12m) (title) and (a) (intro.) of the statutes are amended to read:
59.43 (12m) (title) Tract index system ; power to alter. (a) (intro.) The 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 board such that records containing valid descriptions of land may be searched by all of the following:
96,27 Section 27. 59.43 (12m) (a) 1. of the statutes is repealed and recreated to read:
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