LRB-3746/1
PJD:kmg:jf
2001 - 2002 LEGISLATURE
January 14, 2002 - Introduced by Representatives F. Lasee, Starzyk, Seratti,
Hines, D. Meyer, Pettis, Olsen, Ladwig, M. Lehman, Freese, Krawczyk,
Vrakas, Hahn, Ott, Powers, McCormick, J. Lehman, Lassa, Albers
and
Plouff, cosponsored by Senators Plache, Roessler, Hansen and Wirch.
Referred to Committee on Financial Institutions.
AB723,1,8 1An Act to repeal 59.43 (1) (um), 409.528, 409.528 (1) (title) and 409.528 (2); to
2renumber
409.528 (1); to amend 59.43 (1) (L), 59.43 (1) (m), (n) and (o), 134.17
3(4), 185.42 (2), 409.523 (3) (intro.) and 779.97 (5) (a) 1.; to repeal and recreate
459.43 (2) (ag), 59.43 (2) (ag), 59.43 (2) (e), 59.43 (2) (e), 59.72 (5) and 59.72 (5);
5to create 59.43 (1) (um) and 409.519 (9) of the statutes; and to affect 1997
6Wisconsin Act 27
, section 9456 (3m); relating to: recording and filing
7documents with the offices of register of deeds and the department of financial
8institutions.
Analysis by the Legislative Reference Bureau
This bill makes the following changes regarding the recording and filing of
documents with the offices of registers of deeds and the department of financial
institutions:
1. Documents pertaining to security interests that are filed with the offices of
registers of deeds must meet most of the format and legibility standards for
documents recorded with the offices.
2. Documents pertaining to security interests and certain other records that
are filed with the offices of registers of deeds are indexed in the real estate records
index, rather than indexes in books.

3. Clarifies which documents are recorded and which are filed with the offices
of registers of deeds, and which are filed with the department of financial institutions
and which are filed with the offices of registers of deeds, and which fees apply to
which documents.
4. Provides that only the department of financial institutions, not the offices
of registers of deeds, when assigning a file number for a document pertaining to
security interests, must include a digit that is mathematically derived from or
related to the other digits of the file number and aids the filing office in determining
whether a number communicated as the file number includes a single-digit or
transpositional error.
5. Provides that only the department of financial institutions, not the offices
of registers of deeds, is required to provide results of searches of its records for
financing statements filed in its filing system.
6. Eliminates the requirement that the department of financial institutions
and the offices of registers of deeds enter all information regarding filings under the
provisions of the Uniform Commercial Code relating to security interests into the
statewide lien system.
7. Eliminates, effective July 1, 2008, the requirement that the statewide lien
system be maintained.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB723, s. 1 1Section 1. 59.43 (1) (L) of the statutes, as affected by 2001 Wisconsin Act 10,
2is amended to read:
AB723,3,93 59.43 (1) (L) File all documents pertaining to security interests, as defined in
4s. 401.201 (37) (a), that are required or authorized by law to be filed with the register.
5Except as otherwise prescribed by the department of financial institutions under
6subch. V of ch. 409, these documents shall be executed on white or light colored sheets
7of paper, 8 or 8.5 inches wide and 5, 7, 10.5, or 14 inches long. Whenever there is
8offered for filing any document that varies more than one-eighth inch from the
9approved size, or that is not on a standard form prescribed by ch. 409 or by the
10department of financial institutions, then in addition to the regular filing fee an
11additional filing fee shall be charged by the register of deeds, as prescribed by sub.

1(2). No assignment, release, or other instrument shall be offered for filing that is
2executed or endorsed on any other document, but each shall be a separate and
3distinct document, except those assignments or notices that are printed or written
4on and immediately following the original agreement or financing statement, offered
5for filing at the same time, shall be considered as one document. All of these
6documents shall be legibly written, and shall have the names of the debtor and
7secured party plainly printed or typed on the document and shall provide a space for
8filing data of the register of deeds on the outside of the document
meeting the
9requirements set forth in sub. (2m) (b) 1. to 5
.
AB723, s. 2 10Section 2. 59.43 (1) (m), (n) and (o) of the statutes, as affected by 2001
11Wisconsin Act 10
, are amended to read:
AB723,3,1512 59.43 (1) (m) Except as otherwise provided in subchs. V and VII of ch. 409, keep
13Keep these chattel documents in consecutive numerical arrangement, for the
14inspection of all persons, endorsing on each document the document number and the
15date and time of reception.
AB723,4,316 (n) Upon the filing of a financing statement or other document evidencing the
17creation of a security interest, as defined in s. 401.201 (37) (a), required to be filed
18or recorded with the register under s. 409.501 (1) (a), enter the name of each debtor
19alphabetically in indices, of which each page shall be divided into columns which
20shall contain the following information: number of the document, date and time of
21filing, name and address of debtor, name and address of secured party, name of the
22document, the amount if any, shown in the document, brief description of property,
23and the last column set aside for the entry of assignments, continuation statements,
24termination statements, foreclosure affidavits, extensions and releases pertaining
25to such financing statements or chattel security documents. If the financing

1statement evidences the creation of a security interest in fixtures, it also shall be
2entered in the tract index if one is kept in the county
index the document in the real
3estate records index under sub. (9)
.
AB723,4,114 (o) Except as otherwise provided in subch. V of ch. 409, upon Upon the filing
5of an assignment, continuation statement, termination statement, foreclosure
6affidavit, extension, or release pertaining to a filed financing statement or other
7chattel security document, enter the document number and the date and time of
8filing in the appropriate column of the indices referred to in par. (n) and on the same
9line as that on which the entry of the filed financing statement or other chattel
10security document appears
index the document in the real estate records index under
11sub. (9)
.
AB723, s. 3 12Section 3. 59.43 (1) (um) of the statutes is created to read:
AB723,4,1513 59.43 (1) (um) Submit that portion of recording and filing fees collected under
14sub. (2) (ag) 1. or (e) and not retained by the county to the land information board
15under s. 59.72 (5).
AB723, s. 4 16Section 4. 59.43 (1) (um) of the statutes, as created by 2001 Wisconsin Act ....
17(this act), is repealed.
AB723, s. 5 18Section 5 . 59.43 (2) (ag) of the statutes, as affected by 1997 Wisconsin Act 27
19and 2001 Wisconsin Acts 10 and 16, is repealed and recreated to read:
AB723,4,2320 59.43 (2) (ag) 1. Subject to s. 59.72 (5), for recording any instrument entitled
21to be recorded in the office of register of deeds, $11 for the first page and $2 for each
22additional page, except that no fee may be collected for recording a change of address
23that is exempt from a filing fee under s. 185.83 (1) (b).
AB723,4,2524 2. In the event of conflict in the statutes regarding recording fees, subd. 1. shall
25control.
AB723, s. 6
1Section 6 . 59.43 (2) (ag) of the statutes, as affected by 2001 Wisconsin Act ....
2(this act), is repealed and recreated to read:
AB723,5,83 59.43 (2) (ag) 1. For recording any instrument entitled to be recorded in the
4office of register of deeds, $8 for the first page if the county maintains a land
5information office under s. 59.72 (3) and $4 for the first page if the county does not
6maintain such an office, and $2 for each additional page, except that no fee may be
7collected for recording a change of address that is exempt from a filing fee under s.
8185.83 (1) (b).
AB723,5,109 2. In the event of conflict in the statutes regarding recording fees, subd. 1. shall
10control.
AB723, s. 7 11Section 7. 59.43 (2) (e) of the statutes, as affected by 1997 Wisconsin Act 27
12and 2001 Wisconsin Act 16, is repealed and recreated to read:
AB723,5,1513 59.43 (2) (e) Subject to s. 59.72 (5), for filing any instrument which is entitled
14to be filed in the office of register of deeds and for which no other specific fee is
15specified, $11 for the first page and $2 for each additional page.
AB723, s. 8 16Section 8 . 59.43 (2) (e) of the statutes, as affected by 2001 Wisconsin Act ....
17(this act), is repealed and recreated to read:
AB723,5,2118 59.43 (2) (e) For filing any instrument which is entitled to be filed in the office
19of register of deeds and for which no other specific fee is specified, $8 for the first page
20if the county maintains a land information office under s. 59.72 (3) and $4 for the first
21page if the county does not maintain such an office, and $2 for each additional page.
AB723, s. 9 22Section 9. 59.72 (5) of the statutes, as affected by 2001 Wisconsin Act 16, is
23repealed and recreated to read:
AB723,6,224 59.72 (5) Land record modernization funding. (a) Before the 16th day of each
25month a register of deeds shall submit to the land information board $7 from the fee

1for recording or filing the first page of each instrument that is recorded or filed under
2s. 59.43 (2) (ag) 1. or (e), less any amount retained by the county under par. (b).
AB723,6,53 (b) A county may retain $5 of the $7 submitted under par. (a) from the fee for
4recording or filing the first page of each instrument that is recorded or filed under
5s. 59.43 (2) (ag) 1. or (e) if all of the following conditions are met:
AB723,6,66 1. The county has established a land information office under sub. (3).
AB723,6,97 2. A land information office has been established for less than 2 years or has
8received approval for a countywide plan for land records modernization under sub.
9(3) (b).
AB723,6,1510 3. The county uses $4 of each $5 fee retained under this paragraph to develop,
11implement, and maintain the countywide plan for land records modernization, and
12$1 of each $5 fee retained under this paragraph to develop and maintain a
13computerized indexing of the county's land information records relating to housing,
14including the housing element of the county's land use plan under s. 66.1001 (2) (b),
15in a manner that would allow for greater public access through use of the Internet.
AB723, s. 10 16Section 10 . 59.72 (5) of the statutes, as affected by 1997 Wisconsin Act 27 and
172001 Wisconsin Act .... (this act), is repealed and recreated to read:
AB723,6,2118 59.72 (5) Land record modernization funding. A county that establishes a
19land information office shall use $4 of the $8 per page received under s. 59.43 (2) (ag)
201. and (e) to develop, implement, and maintain a countywide plan for land records
21modernization.
AB723, s. 11 22Section 11. 134.17 (4) of the statutes is amended to read:
AB723,6,2423 134.17 (4) For each recording, the register of deeds shall receive the fee
24specified for filing recording under s. 59.43 (2) (ag).
AB723, s. 12 25Section 12. 185.42 (2) of the statutes is amended to read:
AB723,7,8
1185.42 (2) The register of deeds, upon payment of the fee specified under s.
259.43 (2) (e) (ag), shall number each contract consecutively and shall record it. The
3register of deeds shall enter the name of every member-maker of such a contract
4alphabetically in a book to be kept for that purpose. He or she shall place members
5and cooperatives under a separate head and shall state in separate columns, opposite
6each name, the number of the contract, the date of the filing, and a brief description
7of the products, goods or services covered by such contract
in the real estate records
8index under s. 59.43 (9)
.
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