The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB344, s. 1
4Section
1. 17.14 (4) of the statutes is amended to read:
SB344,2,125
17.14
(4) Costs. If the court, after a hearing on the merits, dismisses the
6petition and further finds the complaint was wilful and malicious and without
7probable cause, the court shall order judgment in favor of the officer and against the
1petitioner for $10 attorney fees and for the costs and fees of witnesses and officers
2incurred on behalf of the officer. The judgment shall be signed by the clerk of
the 3circuit court and entered
and docketed in the clerk's office as the judgment of the
4circuit court in the judgment and lien docket. An execution may be issued
thereon 5against the property of the petitioner in the same mode as upon a judgment entered
6in the circuit court in civil actions founded in tort. Upon the return of the execution
7unsatisfied in whole or in part, an execution against the person of the petitioner may
8be issued in the manner and with the force and effect of an execution against the
9person as provided in ss. 815.01 to 815.10. In all other cases the judge may order that
10the expenses incurred in procuring witnesses and other needed actual expenses
, be
11paid out of the treasury of the county in which the officer resides upon certificates
12of the clerk of
the circuit court.
SB344, s. 2
13Section
2. 19.05 of the statutes is renumbered 19.05 (1) (intro.) and amended
14to read:
SB344,2,2015
19.05
(1) (intro.) Whenever a judgment
shall be is rendered against any officer
16and the officer's sureties on the officer's official bond in any court other than the
17circuit court of the county in which
such the officer's official bond is filed, no execution
18for the collection
thereof of the judgment shall issue from
such the other court unless
19the plaintiff
therein, the plaintiff's agent or
the plaintiff's attorney shall make and
20file with
such the court an affidavit showing
that no each of the following:
SB344,2,23
21(a) That no other judgment has been rendered in any court in an action upon
22such the officer's bond against the sureties
therein which of the bond that remains
23in whole or in part unpaid
and that no.
SB344,3,3
1(b) That no other action upon
such the officer's bond against
said
the sureties
2was pending and undetermined in any other court at the time of the entry of
such the 3judgment
; but every such.
SB344,3,8
4(2) A transcript of a judgment
described in sub. (1) may be
docketed in other
5courts and entered in
the judgment and lien docket in other counties, shall constitute
6a lien, and may be enforced, in all respects the same as if it were an ordinary
7judgment, for the recovery of money, except as provided otherwise in
this section sub.
8(1).
SB344, s. 3
9Section
3. 30.75 (2) of the statutes is amended to read:
SB344,3,1810
30.75
(2) S
ERVICE BY
REGISTERED MAIL. If service of process is to be by registered
11mail, the original and necessary copies of the summons shall be left with the clerk
12of
the circuit court in which the action is to be brought, together with a sum of 75 cents
13to cover the cost of mailing. The clerk
of circuit court shall mail a copy to the
14defendant at the defendant's last address as known to the plaintiff or clerk
of circuit
15court, with the return receipt signed by the addressee requested. Service of
such the 16summons is
deemed considered completed when it is mailed. The clerk
of circuit
17court shall enter upon the
docket court record the date when the summons is mailed
18and the name of the person to whom mailed.
SB344, s. 4
19Section
4. 46.10 (5) of the statutes is amended to read:
SB344,4,320
46.10
(5) If any person named in an order to compel payment issued under sub.
21(4) (a) fails to pay the department any amount due under the terms of the order and
22no contested case to review the order is pending and the time for filing for a contested
23case review has expired, the department may present a certified copy of the order to
24the circuit court for any county. The circuit court shall, without notice, render
25judgment in accordance with the order. A judgment rendered under this subsection
1shall have the same effect and shall be entered
and docketed in the judgment and
2lien docket and may be enforced in the same manner as if the judgment had been
3rendered in an action tried and determined by the circuit court.
SB344, s. 5
4Section
5. 49.90 (12) of the statutes is amended to read:
SB344,4,215
49.90
(12) The parent of a dependent person who maintains a child of the
6dependent person under sub. (1) (a) 2. may, after the dependent person attains the
7age of 18, apply to the circuit court for the county in which the child resides for an
8order to compel restitution by the dependent person of the amount of maintenance
9provided to the dependent person's child by that parent. The circuit court shall in
10a summary way hear the allegations and proof of the parties and, after considering
11the financial resources and the future ability of the dependent person to pay, may by
12order specify a sum in payment of the restitution, to be paid weekly or monthly,
13during a period fixed by the order or until further order of the court. Upon application
14of any party affected by the order and following notice and an opportunity for
15presentation of allegations and proof by the parties, the court may modify the order.
16The parent of the dependent person may file a restitution order with the clerk of
17circuit court. Upon payment of the fee under s. 814.61 (5) (a), the clerk
of circuit court 18shall enter the order on the judgment
and lien docket under s. 806.10 in the same
19manner as for a judgment in a civil action. Thereafter, the parent of the dependent
20person may enforce the order against the dependent person in the same manner as
21for a judgment in a civil action.
SB344, s. 6
22Section
6. 49.90 (13) (c) of the statutes is amended to read:
SB344,5,1323
49.90
(13) (c) If the parent of the dependent person specified in par. (a) provides
24maintenance to the dependent person's child and if par. (b) applies, the parent may
25apply to the circuit court for the county in which the child resides for an order to
1compel restitution by the parent specified in par. (b) of the amount of maintenance
2provided. The circuit court shall in a summary way hear the allegations and proof
3of the parties and, after considering the financial resources and future ability of the
4parent of the dependent person specified in par. (b) to pay, may by order specify a sum
5in payment of the restitution, to be paid weekly or monthly, during a period fixed by
6the order or until further order of the court. Upon application of any party affected
7by the order and following notice and an opportunity for presentation of allegations
8and proof by the parties, the court may modify the order. The parent specified in par.
9(a) may file a restitution order with the clerk of circuit court. Upon payment of a fee
10under s. 814.61 (5) (a), the clerk
of circuit court shall enter the order on the judgment
11and lien docket under s. 806.10 in the same manner as for a judgment in a civil action.
12Thereafter, the parent specified in par. (a) may enforce the order against the parent
13specified in par. (b) in the same manner as for a judgment in a civil action.
SB344, s. 7
14Section
7. 50.05 (15) (e) of the statutes is amended to read:
SB344,5,1815
50.05
(15) (e) The clerk of
the circuit court for the county in which the facility
16is located shall record the filing of the petition for receivership in the
judgment and 17lien docket kept under s. 779.07 opposite the names of the operators and controlling
18persons named in the petition.
SB344,6,1021
50.05
(15) (f) The receiver shall, within 60 days after termination of the
22receivership, file a notice of any lien created under this subsection. No action on a
23lien created under this subsection may be brought more than 2 years after the date
24of filing. If the lien is on real property, the notice shall be filed with the clerk of circuit
25court of the county in which the facility is located and entered on the
judgment and
1lien docket kept under s. 779.07. If the lien is on personal property, the lien shall be
2filed with the department of financial institutions. The department of financial
3institutions shall place the lien on personal property in the same file as financing
4statements are filed under ss. 409.401 and 409.402. The notice shall specify the
5name of the person against whom the lien is claimed, the name of the receiver, the
6dates of the petition for receivership and the termination of receivership, a
7description of the property involved and the amount claimed. No lien shall exist
8under this section against any person, on any property, or for any amount not
9specified in the notice filed under this paragraph. To the extent applicable, ch. 846
10controls the foreclosure of liens under this subsection that attach to real property.
SB344, s. 9
11Section
9. 51.42 (3) (d) 12. e. of the statutes is amended to read:
SB344,6,1512
51.42
(3) (d) 12. e. The clerk of circuit court for the county in which the facility
13is located shall record the filing of the petition for receivership in the
judgment and 14lien docket kept under s. 779.07 opposite the name of the county department of
15community programs or related program named in the petition.
SB344,7,918
51.42
(3) (d) 12. f. The receiver shall, within 60 days after termination of the
19receivership, file a notice of any lien created under this subdivision. No action on a
20lien created under this subdivision may be brought more than 2 years after the date
21of filing. If the lien is on real property, the notice shall be filed with the clerk of circuit
22court for the county in which the county department of community programs or
23related program is located and entered on
a the judgment and lien docket kept
24under s. 779.07. If the lien is on personal property, the lien shall be filed with the
25department of financial institutions. The department of financial institutions shall
1place the lien on personal property in the same file as financing statements are filed
2under ss. 409.401 and 409.402. The notice shall specify the name of the county
3department of community programs or related program against which the lien is
4claimed, the name of the receiver, the dates of the petition for receivership and the
5termination of receivership, a description of the property involved and the amount
6claimed. No lien may exist under this subdivision against any person, on any
7property or for any amount not specified in the notice filed under this subd. 12. f. To
8the extent applicable, ch. 846 controls the foreclosure of liens under this subdivision
9that attach to real property.
SB344, s. 11
10Section
11. 59.39 (7) of the statutes is amended to read:
SB344,7,1411
59.39
(7) Keep a judgment
record and
lien docket
therein of all money
12judgments of the court, transcripts from judgment
and lien dockets of other
13Wisconsin courts and of federal courts, warrants for unemployment compensation
14and warrants for delinquent Wisconsin income or franchise taxes.
SB344, s. 12
15Section
12. 59.39 (8) of the statutes is amended to read:
SB344,7,1816
59.39
(8) Keep a
judgment and lien
record and docket
therein of all claims for
17liens filed by contractors, subcontractors, materialmen and laborers and all claims
18filed for log, mining and maintenance liens.
SB344, s. 13
19Section
13. 59.39 (10) of the statutes is amended to read:
SB344,7,2120
59.39
(10) File,
docket enter, record and keep such other papers, books and
21records as are required by law.
SB344, s. 14
22Section
14. 66.09 (1) of the statutes is renumbered 66.09 (1) (a) and amended
23to read:
SB344,8,924
66.09
(1) (a) When a final judgment for the payment of money shall be
25recovered against a town, village, city, county, school district, technical college
1district, town sanitary district, public inland lake protection and rehabilitation
2district or community center, or against any officer thereof, in any action by or
3against
him or her the officer in
his or her the officer's name of office, when the
4judgment should be paid by such municipality, the judgment creditor, or
his or her 5the judgment creditor's assignee or attorney, may file with the clerk
of circuit court 6a certified transcript of the judgment
or of the docket of the judgment, together with
7his or her the judgment creditor's affidavit of payments made, if any, and the amount
8due and that the judgment has not been appealed from or removed to another court,
9or if so appealed or removed has been affirmed.
SB344,8,16
10(b) The amount due, with costs and interest to the time when the money will
11be available for payment, shall be added to the next tax levy, and shall, when
12received, be paid to satisfy the judgment. If the judgment is appealed after filing the
13transcript with the clerk
of circuit court, and before the tax is collected, the money
14shall not be collected on that levy. If the clerk
of circuit court fails to include the
15proper amount in the first tax levy, he or she shall include it or such portion as is
16required to complete it in the next levy.
SB344, s. 15
17Section
15. 70.39 (4) of the statutes is renumbered 70.39 (4) (a) and amended
18to read:
SB344,8,2219
70.39
(4) (a) Within 5 days after the receipt of the warrant the sheriff shall file
20a copy of it with the clerk of
the circuit court of the county, unless the person makes
21satisfactory arrangements for payment with the department, in which case, the
22sheriff shall, at the direction of the department, return the warrant to it.
SB344,9,4
23(b) The clerk
of circuit court shall
docket enter the warrant as a delinquent
24income or franchise tax warrant
is docketed as required under s. 806.11. The clerk
25of circuit court shall accept, file and
docket enter the warrant without prepayment
1of any fee, but shall submit a statement of the proper fees within 30 days to the
2department of revenue. The fees shall be paid by the state treasurer upon audit by
3the department of administration on the certificate of the secretary of revenue and
4shall be charged to the proper appropriation for the department of revenue.
SB344,9,7
5(c) The sheriff shall be entitled to the same fees for executing upon the warrant
6as upon an execution against property issued out of a court of record, to be collected
7in the same manner.
SB344,9,12
8(d) Upon the sale of any real estate the sheriff shall execute a deed of the real
9estate, and the person may redeem the real estate as from a sale under an execution
10against property upon a judgment of a court of record. No public official may demand
11prepayment of any fee for the performance of any official act required in carrying out
12this section.
SB344,9,2515
71.91
(5) (b) 1. The clerk
of circuit court shall
docket enter the warrant under
16par. (ar) as required by s. 806.11, and upon
docketing
entering the amount of the
17warrant, together with interest required by s. 71.82 (2),
the warrant shall be
18considered in all respects as a final judgment. The clerk of circuit court shall accept,
19file and
docket enter the warrant without prepayment of any fee, but the clerk
of
20circuit court shall submit a statement of the proper fee semiannually to the
21department covering the periods from January 1 to June 30 and July 1 to December
2231. The fees shall then be paid by the state as provided by par. (h), but the fees
23provided by s. 814.61 (5) for filing and
docketing
entering the warrants shall be added
24to the amount of the warrant and collected from the taxpayer when satisfaction or
25release is presented for entry.
SB344,10,3
12. The sheriff shall be entitled to the same fees for executing upon such warrant
2as upon an execution against property issued out of a court of record, to be collected
3in the same manner.
SB344,10,6
43. Upon the sale of any real estate the sheriff shall execute a deed of the same,
5and the taxpayer shall have the right to redeem the real estate as from a sale under
6an execution against property upon a judgment of a court of record.
SB344, s. 17
7Section
17. 71.91 (5) (d) of the statutes is amended to read:
SB344,10,108
71.91
(5) (d) Upon
docketing entry of a warrant
in the judgment and lien
9docket, the department of revenue shall have the same remedies to enforce the claim
10for taxes, penalties, interest and costs as upon a judgment against the taxpayer.
SB344, s. 18
11Section
18. 75.521 (3) (am) 2. of the statutes is amended to read:
SB344,10,1812
75.521
(3) (am) 2. The name or names of the last owner or owners and
13mortgagee or mortgagees of the parcel as the ownership or mortgage interest
14appears of record in the office of the register of deeds of the county in which the parcel
15is situated, and the state of Wisconsin if it has a determined but unpaid death tax
16lien, a filed, nonoutlawed income or franchise tax warrant or a
docketed judgment
17entered in the judgment and lien docket, all in the county where the parcel is
18situated.
SB344, s. 19
19Section
19. 100.03 (12) of the statutes is amended to read:
SB344,11,420
100.03
(12) D
EMAND FOR PAYMENT; JUDGMENT LIEN. If the department issues a
21final order allowing producer claims under sub. (9), the department or any producer
22may demand payment of an allowed claim from the contractor, and from any other
23person who is obligated under the department's order. If the contractor does not pay
24the claim within 30 days after the demand is served on the contractor, the
25department or producer may file the department's final order with the clerk of circuit
1court in any county of this state. The clerk of
circuit court shall
docket enter the order
2as a judgment in the judgment and lien docket. Upon being
docketed entered, the
3order becomes a judgment lien against the real property, in that county, of the
4contractor or person obligated under the order.
SB344, s. 20
5Section
20. 102.20 of the statutes is amended to read:
SB344,11,11
6102.20 Judgment on award. Either
If either party
may present presents a
7certified copy of the award to the circuit court for any county,
whereupon said the 8court shall, without notice, render judgment in accordance therewith
; such. A 9judgment
rendered under this section shall have the same effect as though rendered
10in an action tried and determined by
said the court, and shall, with like effect, be
11entered
and docketed in the judgment and lien docket.
SB344, s. 21
12Section
21. 102.24 (1) of the statutes is amended to read:
SB344,11,2113
102.24
(1) Upon the setting aside of any order or award, the court may
14recommit the controversy and remand the record in the case to the commission for
15further hearing or proceedings, or it may enter the proper judgment upon the
16findings of the commission, as the nature of the case shall demand. An abstract of
17the judgment entered by the trial court upon the review of any order or award shall
18be made by the clerk of
the circuit court upon the
judgment and lien docket entry of
19any judgment which may have been rendered upon the order or award
, and
20transcripts. Transcripts of the abstract may be obtained for like entry upon the
21judgment and lien dockets of the courts of other counties.
SB344, s. 22
22Section
22. 102.26 (1) of the statutes is amended to read:
SB344,12,223
102.26
(1) No fees may be charged by the clerk of any
circuit court for the
24performance of any service required by this chapter, except for the
docketing entry 25of judgments and
for certified transcripts
thereof of judgments. In proceedings to
1review an order or award, costs as between the parties shall be in the discretion of
2the court, but no costs may be taxed against the commission.
SB344, s. 23
3Section
23. 102.83 (1), (2) and (4) of the statutes are amended to read:
SB344,12,84
102.83
(1) (a)
1. If an uninsured employer fails to pay to the department any
5amount owed to the department under s. 102.82 and no appeal or other proceeding
6for review is pending and the time for taking an appeal has expired, the department
7or any authorized representative may issue a warrant directed to the clerk of circuit
8court for any county of the state.
SB344,12,12
92. The clerk
of circuit court shall enter in the judgment
and lien docket the
10name of the uninsured employer mentioned in the warrant and the amount of the
11payments, interest, costs and other fees for which the warrant is issued and the date
12when the warrant is
filed entered.
SB344,12,16
133. A warrant
so docketed entered under subd. 2 shall be considered in all
14respects as a final judgment constituting a perfected lien on the uninsured
15employer's right, title and interest in all of the uninsured employer's real and
16personal property located in the county where the warrant is
docketed entered.
SB344,12,25
174. After the warrant is
docketed
entered in the judgment and lien docket, the
18department or any authorized representative may file an execution with the clerk
19of circuit court for filing by the clerk
of circuit court with the sheriff of any county
20where real or personal property of the uninsured employer is found, commanding the
21sheriff to levy upon and sell sufficient real and personal property of the uninsured
22employer to pay the amount stated in the warrant in the same manner as upon an
23execution against property issued upon the judgment of a court of record, and to
24return the warrant to the department and pay to it the money collected by virtue of
25the warrant within 60 days after receipt of the warrant.
SB344,13,9
1(b) The clerk of circuit court shall accept
, file and
docket enter the warrant
in
2the judgment and lien docket without prepayment of any fee, but the clerk
of circuit
3court shall submit a statement of the proper fee semiannually to the department
4covering the periods from January 1 to June 30 and July 1 to December 31 unless a
5different billing period is agreed to between the clerk and the department. The fees
6shall then be paid by the department, but the fees provided by s. 814.61 (5) for
filing
7and docketing entering the warrants shall be added to the amount of the warrant and
8collected from the uninsured employer when satisfaction or release is presented for
9entry.
SB344,13,18
10(2) The department may issue a warrant of like terms, force and effect to any
11employe or other agent of the department, who may file a copy of the warrant with
12the clerk of circuit court of any county in the state, and thereupon the clerk
of circuit
13court shall
docket enter the warrant
in the judgment and lien docket and
it the
14warrant shall become a lien in the same manner, and with the same force and effect,
15as provided in sub. (1). In the execution of the warrant, the employe or other agent
16shall have all the powers conferred by law upon a sheriff, but may not collect from
17the uninsured employer any fee or charge for the execution of the warrant in excess
18of the actual expenses paid in the performance of his or her duty.
SB344,13,24
19(4) When the payments, interest costs and other fees specified in a warrant
20have been paid to the department, the department shall issue a satisfaction of the
21warrant and file it with the clerk of circuit court. The clerk
of circuit court shall
22immediately
make a record on enter the satisfaction of the judgment
in the judgment
23and lien docket
of the satisfaction of the judgment. The department shall send a copy
24of the satisfaction to the uninsured employer.
SB344, s. 24
1Section
24. 108.22 (2) (a) of the statutes is renumbered 108.22 (2) (a) 1. and
2amended to read:
SB344,14,83
108.22
(2) (a) 1. If any employing unit fails to pay to the department any
4amount found to be due it in proceedings pursuant to s. 108.10, provided that no
5appeal or review permitted
by said section under s. 108.10 is pending and that the
6time for taking an appeal or review has expired, the department or any authorized
7representative may issue a warrant directed to the clerk of circuit court for any
8county of the state.
SB344,14,12
92. The clerk
of circuit court shall enter in the judgment
and lien docket the
10name of the employing unit mentioned in the warrant and the amount of the
11contributions, interest, costs and other fees for which the warrant is issued and the
12date when such copy is
filed entered.
SB344,14,16
133. A warrant
so docketed entered under subd. 2. shall be considered in all
14respects as a final judgment constituting a perfected lien upon the employing unit's
15right, title and interest in all real and personal property located in the county where
16the warrant is
docketed entered.
SB344,14,24
174. The department or any authorized representative may thereafter file an
18execution with the clerk of circuit court for filing by the clerk
of circuit court with the
19sheriff of any county where real or personal property of the employing unit is found,
20commanding the sheriff to levy upon and sell sufficient real and personal property
21of the employing unit to pay the amount stated in the warrant in the same manner
22as upon an execution against property issued upon the judgment of a court of record,
23and to return the warrant to the department and pay to it the money collected by
24virtue thereof within 60 days after receipt of the warrant.
SB344, s. 25
25Section
25. 108.22 (2) (b) of the statutes is amended to read:
SB344,15,9
1108.22
(2) (b) The clerk of circuit court shall accept, file and
docket enter the
2warrant
in the judgment and lien docket without prepayment of any fee, but the clerk
3of circuit court shall submit a statement of the proper fee semiannually to the
4department covering the periods from January 1 to June 30 and July 1 to December
531 unless a different billing period is agreed to between the clerk
of circuit court and
6the department. The fees shall then be paid by the department, but the fees provided
7by s. 814.61 (5) for
filing and docketing entering the warrants shall be added to the
8amount of the warrant and collected from the employing unit when satisfaction or
9release is presented for entry.
SB344, s. 26
10Section
26. 108.22 (3) of the statutes is amended to read:
SB344,15,1911
108.22
(3) The department may issue a warrant of like terms, force and effect
12to any employe or other agent of the department, who may file a copy of such warrant
13with the clerk of circuit court of any county in the state, and thereupon such clerk
14shall
docket enter the warrant
in the judgement and lien docket and
it the warrant
15shall become a lien in the same manner, and with the same force and effect, as
16provided in sub. (2). In the execution
thereof of the warrant, the employe or other
17agent shall have all the powers conferred by law upon a sheriff, but shall not be
18entitled to collect from the employer any fee or charge for the execution of
such the 19warrant in excess of the actual expenses paid in the performance of his or her duty.
SB344, s. 27
20Section
27. 108.22 (5) of the statutes is amended to read:
SB344,16,221
108.22
(5) When the contributions set forth in a warrant together with interest
22and other fees to date of payment and all costs due the department have been paid
23to it, the department shall issue a satisfaction of the warrant and file it with the clerk
24of circuit court. The clerk
of circuit court shall immediately
make a record on the
1judgment docket of the enter a satisfaction of the judgment
on the judgment and lien
2docket. The department shall send a copy of the satisfaction to the employer.
SB344, s. 28
3Section
28. 304.10 (1) (b) of the statutes is amended to read:
SB344,16,64
304.10
(1) (b) A certified copy of the
docket court record entries, the indictment
5or information, and
such any additional papers on file in the court, if obtainable, as
6the governor requires;
SB344, s. 29
7Section
29. 345.51 of the statutes is amended to read:
SB344,16,13
8345.51 Reopening of default judgment. Except as provided in ss. 345.36
9and 345.37, there shall be no reopening of default judgments unless allowed by order
10of the trial court after notice and motion duly made and upon good cause shown. The
11notice of motion
must shall be filed within 6 months after
entry of the judgment
is
12entered in the
case docket court record. Default judgments for purposes of this
13section include pleas of guilty, no contest and forfeitures of deposit.
SB344, s. 30
14Section
30. 618.61 (4) (b) 2. of the statutes is amended to read:
SB344,16,2315
618.61
(4) (b) 2. Promptly upon the filing of the foreign decree and the affidavit,
16the clerk
of circuit court shall mail notice of the filing of the foreign decree to the
17defendant at the address given and to the commissioner and shall note the mailing
18in the
docket court record. In addition, the attorney general may mail a notice of the
19filing of the foreign decree to the defendant and to the commissioner or the
20commissioner may mail such a notice to the defendant, and either may file proof of
21mailing with the clerk
of circuit court. Failure of the clerk
of circuit court to mail
22notice of filing shall not affect the enforcement proceedings if the attorney general
23or commissioner has filed proof of mailing.
SB344, s. 31
24Section
31. 645.54 (3) (a) of the statutes is amended to read:
SB344,17,7
1645.54
(3) (a)
Definition. A lien obtainable by legal or equitable proceedings
2upon a simple contract is one arising in the ordinary course of
such proceedings a
3legal or equitable proceeding upon the
filing of a decree or entry
or docketing of a
4judgment or decree
in the judgment and lien docket, or upon attachment,
5garnishment, execution or like process, whether before, upon or after judgment or
6decree and whether before or upon levy. It does not include liens which under
7applicable law are given a special priority over other liens which are prior in time.
SB344, s. 32
8Section
32. 703.16 (4) of the statutes is amended to read:
SB344,17,229
703.16
(4) A
SSESSMENTS CONSTITUTE LIEN. All assessments, until paid, together
10with interest on them and actual costs of collection, constitute a lien on the units on
11which they are assessed, if a statement of lien is filed within 2 years after the date
12the assessment becomes due. The lien is effective against a unit at the time the
13assessment became due regardless of when within the 2-year period it is filed. A
14statement of condominium lien is filed in the land records of the clerk of circuit court
15of the county where the unit is located, stating the description of the unit, the name
16of the record owner, the amount due and the period for which the assessment was
17due. The clerk
of circuit court shall index the statement of condominium lien under
18the name of the record owner in the
condominium judgment and lien docket. The
19statement of condominium lien shall be signed and verified by an officer or agent of
20the association as specified in the bylaws and then may be filed. On full payment of
21the assessment for which the lien is claimed, the unit owner shall be entitled to a
22fileable satisfaction of the lien.
SB344, s. 33
23Section
33. 706.13 (1) of the statutes is amended to read:
SB344,18,624
706.13
(1) In addition to any criminal penalty or civil remedy provided by law,
25any person who submits for filing,
docketing entering in the judgment and lien
1docket or recording, any lien, claim of lien, lis pendens, writ of attachment or any
2other instrument relating to the title in real or personal property, knowing the
3contents or any part of the contents to be false, sham or frivolous, is liable in tort to
4any person interested in the property whose title is thereby impaired, for punitive
5damages of $1,000 plus any actual damages caused
thereby by the filing, entering
6or recording.
SB344, s. 34
7Section
34. 706.13 (3) of the statutes is amended to read:
SB344,18,108
706.13
(3) This section does not apply to a register of deeds or other government
9employe who acts in the course of his or her official duties and files,
dockets enters 10or records any instrument relating to title on behalf of another person.
SB344, s. 35
11Section
35. 706.15 of the statutes is amended to read: