LRB-1070/1
KRP:amn
2017 - 2018 LEGISLATURE
March 20, 2017 - Introduced by Representatives Ballweg, Allen, Berceau,
Brandtjen, E. Brooks, R. Brooks, Considine, Goyke, Horlacher, Krug,
Mason, Meyers, Mursau, Ripp, Skowronski, Spiros, Tauchen, Thiesfeldt and
Tusler, cosponsored by Senators Olsen, Harsdorf, Marklein, Nass and
Wirch. Referred to Committee on Rural Development and Mining.
AB175,1,10 1An Act to repeal 59.76 (2); to renumber 59.76 (1); to renumber and amend
2236.34 (3); to consolidate, renumber and amend 59.43 (9) (a) 1. a. and g. and
359.43 (9) (c) (intro.), 1. and 2.; to amend 59.43 (1c) (k), 59.43 (9) (a) 2. c., 59.43
4(9) (b), 59.71 (3), 61.187 (2) (d), 69.64 (2), 70.25, 70.27 (5), 75.28 (2) (a), 84.095
5(3) (a), 84.095 (7) (a), 84.095 (8) (b), 185.82 (2) (c), 186.315, 228.05, 236.295 (2)
6(a), 321.61 (1) (f), 703.11 (2) (am), 703.275 (5), 706.05 (2) (c), 706.05 (2m) (a),
7706.085 (2) (a), 708.15 (1) (L) and 893.33 (2); and to create 236.34 (3) (c) of the
8statutes; relating to: identification and location information assigned to
9documents filed or recorded in the county register of deeds offices and
10registration of farm names by recording in the register of deeds office.
Analysis by the Legislative Reference Bureau
This bill changes the information that a county register of deeds must assign
to a document that is submitted for filing or recording. Under current law, certain
provisions of the statutes require a county register of deeds to assign to each
document a unique document number and a volume and page where the document
is located. The bill provides that a register of deeds may, but is not required to, assign

a volume and page number to each document. The bill also provides that the register
of deeds is only required to include volume and page number references in the index
of documents if the document is assigned a volume and page number.
The bill also eliminates certain penalties that apply to registrations of farm
names that are recorded in a county register of deeds office.
Finally, the bill provides that a condominium plat that is submitted to a county
register of deeds office for recording must contain a blank space at least three inches
by three inches in size in the upper right corner on the first sheet for recording use
by the register of deeds. Under current law, the recording space must be at least two
and five-tenths inches on each side.
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:
AB175,1 1Section 1. 59.43 (1c) (k) of the statutes is amended to read:
AB175,2,112 59.43 (1c) (k) Keep an index of all organizational documents of corporations,
3fraternal societies, religious organizations, associations, and other entities, and all
4amendments of such the documents, that are allowed or required by law to be filed
5or recorded in the register's office. The index shall access the documents be
6accessible and searchable
by the names name of the corporations corporation,
7fraternal societies society, religious organizations, associations and organization,
8association, or
other entities, entity and shall contain a reference to the document
9number of the organizational document or amendment and, if given on the
10document, the
volume and page number where the documents are organizational
11document or amendment is
filed or recorded in the register's office.
AB175,2 12Section 2. 59.43 (9) (a) 1. a. and g. of the statutes are consolidated, renumbered
1359.43 (9) (a) 1. am. and amended to read:
AB175,3,214 59.43 (9) (a) 1. am. Number of Document number assigned under sub. (1c) (f)
15to
the instrument that is consecutive and unique within the record series. g. The

1document number,
and, if given on the instrument, the volume and page where the
2instrument is recorded or filed.
AB175,3 3Section 3. 59.43 (9) (a) 2. c. of the statutes is amended to read:
AB175,3,64 59.43 (9) (a) 2. c. Document number, or assigned to the instrument under sub.
5(1c) (f) and, if given on the instrument, the
volume and page where the instrument
6is recorded or filed.
AB175,4 7Section 4. 59.43 (9) (b) of the statutes is amended to read:
AB175,3,148 59.43 (9) (b) In the case of With regard to assignments, satisfactions, and
9partial releases of mortgages, and subordination subordinations of mortgages, the
10index under par. (a) shall also contain the document number or of the original
11mortgage instrument and, if given on the original mortgage instrument, the
volume
12and page of where the original mortgage instrument is recorded or filed whenever
13that the original mortgage instrument is referenced on the document assignment,
14satisfaction, partial release, or subordination
.
AB175,5 15Section 5. 59.43 (9) (c) (intro.), 1. and 2. of the statutes are consolidated,
16renumbered 59.43 (9) (c) and amended to read:
AB175,3,2317 59.43 (9) (c) With regard to affidavits of corrections correction of previously
18filed or recorded documents, the register of deeds shall include at least one of the
19following notations
on the previously filed or recorded document: 1. The a notation
20of the
document number of the affidavit of correction. 2. The, the date when the
21affidavit of correction is filed or recorded, and, if the affidavit of correction is assigned
22a volume and page number, the
volume and page number where the affidavit of
23correction is filed, or recorded and the date when the affidavit is filed.
AB175,6 24Section 6. 59.71 (3) of the statutes is amended to read:
AB175,4,9
159.71 (3) The register of deeds shall enter an abstract of all eminent domain
2proceedings in the record maintained under sub. (2). The abstract shall
3substantially contain the facts as to the filing of a notice of lis pendens, the date of
4filing, the description, the court in which or the body before whom the proceeding is
5pending, the result of the proceedings, the action taken, and the date thereof of the
6action
and shall briefly state all of the essential facts of the proceeding. The index
7to the record shall be a practical index, with reference to the number document
8numbers assigned
and page of, if volume and page numbers are assigned, the volume
9and page where such the abstracts are entered respectively filed or recorded.
AB175,7 10Section 7. 59.76 (1) of the statutes is renumbered 59.76.
AB175,8 11Section 8. 59.76 (2) of the statutes is repealed.
AB175,9 12Section 9. 61.187 (2) (d) of the statutes is amended to read:
AB175,5,213 61.187 (2) (d) If, in accordance with par. (a), the results of the election under
14sub. (1) provide for dissolution, the village clerk shall, within 10 days after the
15election, record the petition and determination of the village board of canvassers in
16the office of the register of deeds of the county or counties in which the village is
17located and file with the secretary of administration certified copies of the petition
18and the determination of inspectors of election. The village clerk shall also record
19in the office of the register of deeds a certificate by the village clerk showing the date
20on which the dissolution takes effect and file with the secretary of administration 4
21copies of the certificate. These documents shall be recorded and indexed by the
22register of deeds. The index shall include the document number of the original
23documents and, if given on the original documents,
the volume or reel number and
24the page or image number of where the original documents are filed or recorded. The

1secretary of administration shall forward 2 copies of the certificate to the department
2of transportation and one to the department of revenue.
AB175,10 3Section 10. 69.64 (2) of the statutes is amended to read:
AB175,5,54 69.64 (2) The date, the document number, and, if given, the volume and page
5number of the record thereof of the instrument of conveyance or sale.
AB175,11 6Section 11. 70.25 of the statutes is amended to read:
AB175,6,2 770.25 Lands, described on rolls. In all assessments and tax rolls in all
8advertisements, certificates, papers, conveyances, or proceedings for the assessment
9and collection of taxes and in all related proceedings, except in tax bills, any
10descriptions of land which that indicate the land intended with ordinary and
11reasonable certainty and which that would be sufficient between grantor and
12grantee in an ordinary conveyance are sufficient. No description of land according
13to the United States survey is insufficient by reason of the omission of the word
14quarter or the figures or signs representing it in connection with the words or initial
15letters indicating any legal subdivision of lands according to government survey.
16Where a more complete description may not be practicable, and the deed or a
17mortgage describing any piece of real property is recorded in the office of the register
18of deeds for the county, an abbreviated description including the document number
19of the deed or mortgage or
the volume and page where the deed or mortgage is
20recorded, and the section, village, or city where the property is situated, is sufficient.
21Where a more complete description may not be practicable, and the piece of property
22is described in any certificate, order, or judgment of a court of record in the county,
23an abbreviated description including the document number of the court record or the
24volume and page of where the court record where is recorded, and the section, village,

1or city where the property is situated, is sufficient. Descriptions in property tax bills
2shall be as provided under s. 74.09 (3) (a).
AB175,12 3Section 12. 70.27 (5) of the statutes is amended to read:
AB175,7,74 70.27 (5) Surveys, reconciliations. The surveyor making the plat shall be a
5professional land surveyor licensed under ch. 443 and shall survey and lay out the
6boundaries of each parcel, street, alley, lane, roadway, or dedication to public or
7private use, according to the records of the register of deeds, and whatever evidence
8that may be available to show the intent of the buyer and seller, in the chronological
9order of their conveyance or dedication, and set temporary monuments to show the
10results of such survey which shall be made permanent upon recording of the plat as
11provided for in this section. The map shall be at a scale of not more than 100 feet per
12inch, unless waived in writing by the department of administration under s. 236.20
13(2) (L). The owners of record of lands in the plat shall be notified by certified letter
14mailed to their last-known address addresses, in order that they shall have
15opportunity to examine the map, view the temporary monuments, and make known
16any disagreement with the boundaries as shown by the temporary monuments. It
17is the duty of the professional land surveyor making the plat to reconcile any
18discrepancies that may be revealed, so that the plat as certified to the governing body
19is in conformity with the records of the register of deeds as nearly as is practicable.
20When boundary lines between adjacent parcels, as evidenced on the ground, are
21mutually agreed to in writing by the owners of record, such those lines shall be the
22true boundaries for all purposes thereafter, even though they may vary from the
23metes and bounds descriptions previously of record. Such written agreements shall
24be recorded in the office of the register of deeds. On every assessor's plat, as certified
25to the governing body, shall appear the volume, page, and document number of the

1record and, if given on the record, the volume and page where the record is recorded
2for the record that contains
the metes and bounds description of each parcel, as
3recorded in the office of the register of deeds, which shall be identified with the
4number by which such parcel is designated on the plat, except that lots which have
5a lot that has been conveyed or otherwise acquired but upon which no deed is
6recorded in the office of register of deeds may be shown on an assessor's plat and
7when so shown shall contain a full metes and bounds description.
AB175,13 8Section 13. 75.28 (2) (a) of the statutes is amended to read:
AB175,7,179 75.28 (2) (a) The tax deed grantee or the assigns of the tax deed grantee may,
10at any time after the tax deed is issued and recorded, serve a notice on the owner of
11record of the original title, stating that he, she or they the grantee or assigns hold a
12tax deed on the land of the original owner and giving a description of the land so
13deeded and a reference to the document number of the tax deed and, if a volume and
14page number is assigned,
the volume and page where the tax deed is recorded. The
15notice shall be served in the same manner as a summons in a court of record or by
16registered mail, addressed to the owner of record. Proof of service of the notice shall
17be filed in the office of the clerk of the county in which the lands are situated.
AB175,14 18Section 14. 84.095 (3) (a) of the statutes is amended to read:
AB175,8,219 84.095 (3) (a) An order, resolution, or plat filed or recorded under this section
20may be amended or vacated only by the entity that submitted the order, resolution,
21or plat for filing or recording. Any amendment or vacation of an order, resolution,
22or plat filed or recorded under this section may be filed or recorded. The office of the
23register of deeds shall make suitable notations on the plat affected by an amendment
24or vacation that is filed or recorded. The register of deeds shall number any
25amendments to a plat consecutively in the order filed or recorded and shall describe

1each amendment as follows using the following information to the extent the
2information applies
:
AB175,8,73 Amendment .... (number) of transportation project plat .... (project number),
4recorded in volume .... (number) of transportation project plats, page .... (number),
5as document .... (number), on .... (date), .... (county name) register of deeds, and
6located in .... (quarter section, section, township and range; recorded private claim;
7or federal reservation).
AB175,15 8Section 15. 84.095 (7) (a) of the statutes is amended to read:
AB175,8,129 84.095 (7) (a) Whenever a plat has been filed or recorded under this section,
10any parcel depicted in the plat that is required for a project by conveyance or eminent
11domain proceedings shall be described as follows using the following information to
12the extent the information applies
:
AB175,8,1513 Parcel .... (number) of transportation project plat .... (project number), recorded
14in volume .... (number) of transportation project plats, page .... (number), as
15document .... (number), recorded in .... (county name), Wisconsin.
AB175,16 16Section 16. 84.095 (8) (b) of the statutes is amended to read:
AB175,8,2117 84.095 (8) (b) Within 3 working days after the date on which a plat is submitted
18for recording under this section, the register of deeds shall assign a document
19number and, at the option of the register of deeds, a volume and page of recording
20for
where the plat is recorded, and the register of deeds shall provide written notice
21of the recording information to the agency that submitted the plat.
AB175,17 22Section 17. 185.82 (2) (c) of the statutes is amended to read:
AB175,9,223 185.82 (2) (c) A register of deeds receiving a check and document forwarded
24under par. (b) shall record the document. If the document is not articles, the register
25of deeds shall note on the margin of the record of the articles the document number

1and, if the document is assigned a volume and page number,
the volume and page
2where the document is recorded.
AB175,18 3Section 18. 186.315 of the statutes is amended to read:
AB175,9,20 4186.315 Charter cancellation. Upon completion of a voluntary liquidation
5as provided in s. 186.18, or upon completion of the liquidation in cases under s.
6186.235 (11), or after the assets and liabilities of a credit union are transferred to
7another credit union for the purpose of merger as provided in s. 186.31 (3), the office
8of credit unions shall cancel the charter of the credit union liquidated or merged
9without any other or further notice to the credit union or to any person. A certified
10copy of the order or certificate of the office of credit unions shall be recorded with the
11register of deeds of the county in which the credit union is located. The register of
12deeds shall note on the margin of the record of the articles of incorporation of the
13credit union the document number and, if the order or certificate is assigned a
14volume and page number,
the volume and page where the order or certificate
15canceling its the credit union's charter is recorded. In case of voluntary liquidation
16under s. 186.18 or merger under s. 186.31, the credit union shall record the order or
17certificate of the office of credit unions and pay the fee. In case of liquidation under
18s. 186.235 (11), the office of credit unions or special deputy shall record the order or
19certificate of the office of credit unions and pay the fee out of the assets of the credit
20union as an expense of liquidation.
AB175,19 21Section 19. 228.05 of the statutes is amended to read:
AB175,9,25 22228.05 Marginal references. The register of deeds of any county having a
23population of 500,000 or more who has copied a document by microphotography,
24microfilm, optical imaging, or electronic formatting that is accepted by him or her for
25recording or filing shall also, as a substitute for marginal references required,

1prepare an index for documents of ancillary nature for which marginal references are
2required. Such The register of deeds shall prepare and maintain the index for
3ancillary documents shall be prepared and maintained to show the document
4number or and, if given, the volume and page of the original recording or filing plus
5a record of any recordings or filings affecting or pertinent to such the original
6recording or filing requiring marginal references subsequent to the date on which the
7county begins such recording or recopying by microphotography, microfilm, optical
8imaging, or electronic formatting.
AB175,20 9Section 20. 236.295 (2) (a) of the statutes is amended to read:
AB175,10,1810 236.295 (2) (a) Each affidavit in sub. (1) (a) correcting a plat or certified survey
11map that changes areas dedicated to the public or restrictions for the public benefit
12must be approved prior to recording by the governing body of the municipality or
13town in which the subdivision is located. The register of deeds shall note include on
14the plat or certified survey map a reference to a notation of the document number of
15the affidavit or instrument and, if the affidavit or instrument is assigned a volume
16and page number,
the page and volume in which and page where the affidavit or
17instrument is recorded. The record of the affidavit or instrument, or a certified copy
18of the record, is prima facie evidence of the facts stated in the affidavit or instrument.
AB175,21 19Section 21. 236.34 (3) of the statutes is renumbered 236.34 (3) (intro.) and
20amended to read:
AB175,10,2421 236.34 (3) Use in conveyancing. (intro.) When a certified survey map has been
22recorded in accordance with this section, the parcels of land in the map shall be, for
23all purposes, including assessment, taxation, devise, descent, and conveyance, as
24defined in s. 706.01 (4), described by reference to the all of the following:
AB175,10,25 25(a) The number of the survey, map.
AB175,11,1
1(b) The lot or outlot number, of the parcel.
AB175,11,3 2(d) If the map is assigned a volume and page number, the volume and page
3where the map is recorded, and the .
AB175,11,4 4(e) The name of the county.
AB175,22 5Section 22. 236.34 (3) (c) of the statutes is created to read:
AB175,11,76 236.34 (3) (c) If the map is assigned a document number, the document number
7assigned to the map.
AB175,23 8Section 23. 321.61 (1) (f) of the statutes is amended to read:
AB175,12,39 321.61 (1) (f) The person owning or having an interest in any property in
10respect to which the order under par. (c) is made, or the person's agent or attorney,
11may file a certified copy of the order of suspension with the county treasurer or with
12the city treasurer of cities authorized by law to sell lands for the nonpayment of taxes
13as to the taxes and assessments. The person shall file with the order an affidavit in
14triplicate, sworn to by the person or agent or attorney, setting forth the name of the
15owner, the legal description of the property, the type of property, when acquired, the
16document number of the deed and, if given on the deed, the
volume and page number
17where the deed was is recorded if acquired by deed, and the name of the estate if
18acquired by descent, amount of delinquent taxes, if any, and the names of the holders
19of any outstanding mortgage, lien, or other encumbrance. Upon receipt of the filing,
20the county treasurer or city treasurer shall record the order in the office of the
21register of deeds of the county and file a copy in the office of the treasurer, who shall
22make proper notation that a person in federal active duty is the holder of the legal
23title and has made application for special relief. The county treasurer or city
24treasurer shall immediately forward an additional copy of the order and affidavit to
25the office of the clerk of the town, city, or village where the property is located, or, if

1it is located in a city, authorized to sell lands for nonpayment of its taxes, to the
2commissioner of assessments, who shall make an appropriate notation in the
3records.
AB175,24 4Section 24. 703.11 (2) (am) of the statutes is amended to read:
AB175,12,65 703.11 (2) (am) A blank space at least 2.5 3 inches by 2.5 3 inches in size in the
6upper right corner
on the first sheet for recording use by the register of deeds.
AB175,25 7Section 25. 703.275 (5) of the statutes is amended to read:
AB175,12,168 703.275 (5) Recording. Both a restatement of the declaration of the resultant
9condominium that includes the merger agreement and an addendum to the
10condominium plat of the resultant condominium shall be recorded as provided in s.
11703.07. The On the plat of the preexisting condominium, the register of deeds shall
12reference the document number, assigned to the plat of the resultant condominium
13and, if the plat of the resultant condominium is assigned a volume and page number,
14the
volume and page of where the plat of the resultant condominium on the plat of
15the preexisting condominium
is recorded and shall note that the preexisting
16condominium has been merged.
AB175,26 17Section 26. 706.05 (2) (c) of the statutes is amended to read:
AB175,13,218 706.05 (2) (c) Identify, to the extent that the nature of the instrument permits,
19and in form and terms which that permit ready entry upon the various books and
20indexes publicly maintained as land records of such county, the land to which such
21instrument relates and the parties or other persons whose interests in such land are
22affected. Except as provided in sub. (2m), identification may be either by the terms
23of the instrument or by reference to an instrument of record in the same office,
24naming the place document number of the record and, if the record is assigned a

1volume and page number, the volume and page
where such the record may be found
2is recorded.
AB175,27 3Section 27. 706.05 (2m) (a) of the statutes is amended to read:
AB175,13,154 706.05 (2m) (a) Except as provided in par. (b), any document submitted for
5recording or filing that is to be indexed in the real estate records, any document
6submitted for recording or filing that modifies an original mortgage or land contract,
7and any document submitted for recording or filing that is a subordination
8agreement submitted for recording or filing shall contain the full legal description
9of the property to which it the document relates if the document or subordination
10agreement
is intended to relate to a particular parcel of land. The legal description
11may be included on the document or may be attached to the document. Any such The
12document shall also contain the document number of any original mortgage or land
13contract that the document affects and, if given on the original mortgage or land
14contract, the volume and page numbers of where the original mortgage or land
15contract is recorded or filed.
AB175,28 16Section 28. 706.085 (2) (a) of the statutes is amended to read:
AB175,13,2017 706.085 (2) (a) A correction instrument shall be acknowledged or
18authenticated in accordance with s. 706.06 or 706.07. It shall recite the document
19number of the conveyance, the names of the grantor and grantee, and, if given on the
20conveyance, the volume and page numbers where the conveyance is filed or recorded.
AB175,29 21Section 29. 708.15 (1) (L) of the statutes is amended to read:
AB175,13,2522 708.15 (1) (L) “Recording data" means the date, of recording, the document
23number, and, if given on the document, the volume and page number, if any, that
24indicate
where a the document is recorded in the office of the register of deeds under
25s. 59.43.
AB175,30
1Section 30. 893.33 (2) of the statutes is amended to read:
AB175,15,22 893.33 (2) Except as provided in subs. (5) to (9), no action affecting the
3possession or title of any real estate may be commenced, and no defense or
4counterclaim may be asserted, by any person, the state, or a political subdivision or
5municipal corporation of the state after January 1, 1943, which that is founded upon
6any unrecorded instrument executed more than 30 years prior to the date of
7commencement of the action, or upon any instrument recorded more than 30 years
8prior to the date of commencement of the action, or upon any transaction or event
9occurring more than 30 years prior to the date of commencement of the action, unless
10within 30 years after the execution of the unrecorded instrument or within 30 years
11after the date of recording of the recorded instrument, or within 30 years after the
12date of the transaction or event, there is recorded in the office of the register of deeds
13of the county in which the real estate is located, some instrument expressly referring
14to the existence of the claim or defense, or a notice setting forth the name of the
15claimant, a statement of the claims made, a description of the real estate affected and
16of the instrument or transaction or event on which the claim or defense is founded,
17with its and, if the claim or defense is founded on a recorded instrument, the date the
18instrument was recorded, the document number of the instrument,
and, if the
19instrument is assigned a volume and page number,
the volume and page of its
20recording, if it is recorded, and a statement of the claims made
where the instrument
21is recorded
. This notice may be discharged the same as a notice of pendency of action.
22Such notice or instrument recorded after the expiration of 30 years shall be likewise
23effective, except as to the rights of a purchaser of the real estate or any interest in

1the real estate which that may have arisen after the expiration of the 30 years and
2prior to the recording.
AB175,15,33 (End)
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