1995 Wisconsin Act 201

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.

(b) No index established under sub. (1) par. (a) may be discontinued, unless the county establishing the index adopts, keeps and maintains a complete abstract of title to the real estate in the county as a part of the records of the office of the register of deeds of that county.

(bm) In any county having with a population of 500,000 or more, the county board of supervisors may, by resolution, adopt a more complete system of tract indices than that above specified, or a system of chain of title indices, provided such if the system be is clearly specified in such resolution; and may thereafter at any time before the completion of such system alter or change such system or add to the same by resolution clearly specifying such alterations, changes or additions. In the event of such adoption, said board of supervisors may contract, with any suitable person, to compile and complete such system of indices, and may make supplemental contracts for the compilation and completion of such alterations, changes and additions, and may levy such taxes as may be required to cover the cost of so doing; said register of deeds shall not be required to compile, install or complete such system of indices or such alterations, changes or additions, but shall after the same be so completed under such contract, or contracts of such board of supervisors, thereafter maintain and keep up the same; and, thereafter shall discontinue all other tract indices theretofore in use or maintained.

(c) If a system of tract indices or of a system of chain of title indices is adopted by the county board of supervisors by resolution, and if the resolution provides that the index shall include an abstract or notation of any proceeding or proceedings pending, of any instruments or documents filed or entered in the office of the clerk of any court of the county, the circuit court or the register of probate or of any inclusion of property in a tax certificate issued under s. 74.57, and calls for a daily report to be made to the register of deeds of the county by any officer in charge of such proceedings, instruments or documents, each office so called upon by the resolution to make a daily report, shall, upon the close of business on each day report, in writing, under his or her hand, to the register of deeds, any and all proceedings, instruments and documents and tax certificates called for by the resolution, and the register shall, when required to maintain and keep up the system of indices, note all the proceedings, instruments and documents and tax certificates upon the indices, in accordance with the resolution.

(d) Whenever in the judgment of the county board of any county any existing tract index or indices become unfit for use, because of mistake therein or of imperfection in or insufficiency of plan, or because of becoming worn, overcrowded, or unserviceable or unreliable for any reason the county board may at any meeting thereof, by resolution, order a new and corrected set of tract indices arranged and compiled according to such plan as it may authorize, and in that behalf may purchase suitable books and receive bids and contract with any competent person to do said the work, at a price not exceeding five cents per folio, which shall be paid out of the county treasury on acceptance of said the work by the county board. The person contracting to do said the work, and the person's assistants, shall have access to and be entitled to the use of the old tract indices and other records in the register's office and other county records; and when said the work is completed and said the new tract indices are approved and adopted by the county board, the old tract indices shall be preserved as provided in s. 59.71 (2) 59.52 (3) (b). The resolutions of the county board ordering, approving, and adopting such the new tract indices, duly certified by the county clerk, shall be recorded in each volume of such the new tract indices; and thereupon the same shall become and be the only lawful tract indices in the register's office.

201,370 Section 370 . 59.56 (title) of the statutes is created to read:

59.56 (title) Cultural affairs; education; recreation.

201,371 Section 371 . 59.56 of the statutes is renumbered 59.71 and amended to read:

59.71 (title) Special counties; record of changes in streets, alleys, etc record keeping . In counties having with a population of two hundred and fifty thousand 250,000 or more according to the last state or United States census, and when the county board has prepared and compiled in book form an eminent domain record containing an abstract of facts relating to the laying out, widening, extending or vacating any street, alley, water channel, park, highway or other public place by any court, legislature, county board, common council, village board or town board and shall make an order that such records with an index thereto be thereafter maintained and kept up, and provide a suitable book for that purpose, the register of deeds shall thereafter maintain and keep such book in which shall be entered an abstract of all proceedings relating to the laying out, widening, extending or vacating any street, alley, water channel, park, highway or other public place by any court, county board, common council, village board or town board. Such abstract shall substantially contain the facts as to the filing of a notice of lis pendens, the date of filing, the description, the court in which or the body before whom the proceeding is pending, the result of the proceedings, the action taken and the date thereof and briefly all the essential facts of any such proceeding, and such records shall have a practical index, with reference to the number and page of the volume where such abstracts are entered respectively. The abstracts and records to be kept by the register of deeds shall be certified by the register to be true and correct and when so certified shall be prima facie evidence of the facts therein recited and shall be received in all courts and places with the same effect as the original proceedings; and the record so prepared and compiled by the county board shall be prima facie evidence of the facts therein recited and shall also be received in all courts and places with the same effect as the original proceedings.

201,372 Section 372 . 59.56 (10) (intro.) of the statutes is created to read:

59.56 (10) (intro.) The board may:

201,373 Section 373 . 59.56 (12) (intro.) of the statutes is created to read:

59.56 (12) (intro.) Subject to sub. (12m), the board:

201,374 Section 374 . 59.57 (title) of the statutes is created to read:

59.57 (title) Economic and industrial development.

201,375 Section 375 . 59.57 (intro.) of the statutes is renumbered 59.43 (2) (intro.).

201,376 Section 376. 59.57 (1) (a) 1. and 2. of the statutes are repealed.

201,377 Section 377 . 59.57 (1) (a) 3. and (c) of the statutes are renumbered 59.43 (2) (ag) 1. and 2. and amended to read:

59.43 (2) (ag) 1. After June 30, 1991, and subject to s. 59.88 59.72 (5), for recording any instrument entitled to be recorded in the office of the register of deeds, $10 for the first page and $2 for each additional page, except that no fee may be collected for recording a change of address that is exempt from a filing fee under s. 181.68 (1) (b) or (e) or 185.83 (1) (b).

2. In the event of conflict in the statutes regarding recording fees, par. (a) subd. 1. shall control.

201,378 Section 378 . 59.57 (1m) of the statutes, as created by 1995 Wisconsin Act 124, is renumbered 59.43 (2) (ar).

201,379 Section 379 . 59.57 (4) and (5) of the statutes are renumbered 59.43 (2) (b) and (c) and amended to read:

59.43 (2) (b) For copies of any records or papers, $2 for the first page plus $1 for each additional page, plus 25 cents for the certificate of the register of deeds, except that the department of revenue is exempt from the fees under this subsection paragraph.

(c) Notwithstanding any other provision of law the register of deeds with the approval and consent of the county board may enter into contracts with municipalities, private corporations, associations, and other persons to provide noncertified copies of the complete daily recordings and filings of documents pertaining to real property for a consideration to be determined by the county board which in no event shall be less than cost of labor and material plus a reasonable allowance for plant and depreciation of equipment used.

201,380 Section 380 . 59.57 (6) of the statutes, as affected by 1995 Wisconsin Act 27, section 3298b, is renumbered 59.43 (2) (d) and amended to read:

59.43 (2) (d) For performing functions under s. 409.407 (1) and (2) (a) and (b), the register shall charge the fees stated in s. 409.407 (2) (a) or (b). A financing statement and an assignment or notice of assignment of the security interest, offered for filing at the same time, shall be considered as only one document for the purpose of this subsection paragraph. Whenever there is offered for filing any document that is not on a standard form prescribed by the department of financial institutions or that varies more than one-eighth of an 0.125 inch from the approved size as prescribed by s. 59.51 sub. (1), the appropriate fee specified in ss. 409.403 to 409.406 or an additional filing fee of one-half the regular fee, whichever is applicable, shall be charged by the register.

201,381 Section 381 . 59.57 (6a) (a) and (b) of the statutes are repealed.

201,382 Section 382 . 59.57 (6a) (c), (7), (9), (10), (10m) and (12) of the statutes are renumbered 59.43 (2) (e) to (j) and amended to read:

59.43 (2) (e) After June 30, 1991, and subject to s. 59.88 59.72 (5), for filing any instrument which is entitled to be filed in the office of register of deeds and for which no other specific fee is specified, $10 for the first page and $2 for each additional page.

(f) Fees The fees for processing vital records or for issuing copies of vital records shall be as provided in s. 69.22.

(g) For making a new tract index upon the order of the board, the amount that is fixed by the board, to be paid from the county treasury.

(h) For recording plats containing from one to fifty 50 lots, twenty-five dollars $25, and for each additional lot, ten cents, except cemetery plats, containing from one to two hundred 200 lots or fractional part thereof, twenty-five dollars $25, and for each additional two hundred 200 lots or fractional part thereof, five dollars $5.

(i) For recording certificates and for preparing and mailing documents under s. 867.045 or 867.046, $25.

(j) All fees under this section subsection shall be payable in advance by the party procuring the services of the register of deeds, except that the fees for the services performed for a state department, board or commission shall be invoiced monthly to such department, board or commission.

201,383 Section 383 . 59.57 (12a) (a) of the statutes, as affected by 1995 Wisconsin Act 110, section 2, is renumbered 59.43 (2) (a) 1. and amended to read:

59.43 (2) (a) 1. In this section subsection, “page" means one side of a single sheet of paper.

201,384 Section 384 . 59.57 (12a) (b) of the statutes is renumbered 59.43 (2) (a) 2. and amended to read:

59.43 (2) (a) 2. Any instrument that is submitted for recording shall contain a blank space at least 2.5 inches by 2.5 inches in size for use by the register of deeds. If the space is not provided, the register of deeds may add a page for his or her use and charge for the page a fee that is established by the county board not to exceed an amount reasonably related to the actual and necessary cost of adding the page.

201,385 Section 385 . 59.575 of the statutes is renumbered 59.535 (1) and amended to read:

59.535 (1) Certifications and filings for veterans; no charge. (a) The term In this subsection, “veteran" as used in this section means “veteran" as defined has the meaning given in s. 45.37 (1a).

(b) No fee shall be charged by any register of deeds, clerk of circuit court or any other public officer, either state, county or local, having custody of statistical records, for the making and certifying of copies, or examining proofs of any public record or instrument, required for or in connection with, the filing of any claim or application with the U.S. department of veterans affairs or any other federal agency, or to any state agency, or to the regularly established agency of any state, for benefits under federal or state laws, by a veteran or by any dependent of a veteran, when certified proof is required in connection with any claim or application for benefits, under federal or state laws, to which such veteran, or a dependent of a veteran, either living or dead, may be required to file, except, that in the counties where the register of deeds or clerk of circuit court is under the fee system and not a fixed salary, the usual fee for such service shall be paid by the county to the proper officer. The provisions of this section subsection shall supersede any provision of law in conflict therewith.

201,386 Section 386 . 59.58 (title) of the statutes is created to read:

59.58 (title) Transportation.

201,387 Section 387 . 59.58 of the statutes is renumbered 59.44 and amended to read:

59.44 County abstractor; appointment; duties; fees. (1) (a) Except as provided under par. (b), whenever any county adopts a tract index system or any recognized chain of title system, the county board thereof may create a department to be known as an abstract department, either in connection with or independent of the office of the register of deeds, as said county board deems considers advisable and may appoint a competent person for a term of two 2 years, who shall be known as the county abstractor, and shall have charge of and operate said abstract department. The board shall furnish a seal for said abstractor, who shall place said seal on each and every abstract issued by the abstractor.

(b) In any county with a county executive or a county administrator, if the county creates an abstract department under par. (a), the county executive or county administrator shall appoint and supervise the county abstractor. Such appointment shall be subject to confirmation by the county board unless the county board, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.07 (20) 59.52 (8) or ch. 63.

(2) The register of deeds shall be eligible to hold the office of county abstractor and may hold both offices at the same time.

(3) The county abstractor shall at all times on demand of any person, and on payment of the fee therefor, make and deliver to any such person an abstract of title to any land in such the county, upon the payment of the required fee.

(4) The county board shall fix the salary of said abstractor, provide such clerical assistance as may be necessary and fix their compensation and shall fix the fees to be received for the compiling and furnishing of abstracts and may at any time prescribe regulations for the operation and conduct of said department. All fees received for the compiling and furnishing of abstracts shall be paid into the county treasury.

(5) The county board may by two-thirds vote of all the members of said the board discontinue the furnishing of abstracts.

201,388 Section 388 . 59.58 (1) (intro.) of the statutes is created to read:

59.58 (1) (intro.) The board may:

201,389 Section 389 . 59.59 of the statutes is renumbered 59.45 (2) and amended to read:

59.45 (2) Surveyor; deputies. The county surveyor may appoint and remove deputies at will on filing a certificate thereof with the county clerk.

201,390 Section 390 . Subchapter VI (title) of chapter 59 [precedes 59.60] of the statutes is created to read: