LRB-0867/4
MES&PJK:wlj&ksh:jf
1999 - 2000 LEGISLATURE
November 5, 1999 - Introduced by Representatives Hebl, Grothman, Ryba, Hahn,
Plouff, Musser, Lassa, Montgomery, Kreuser, Ladwig, J. Lehman, Stone, La
Fave, M. Lehman, Schooff, Goetsch, Steinbrink, Olsen, Porter, Pettis,
Freese, Gronemus, Hoven and Miller, cosponsored by Senators Welch,
Shibilski, Drzewiecki, Rude, Plache, Huelsman, Roessler and Wirch, by
request of Wisconsin Register of Deeds Association. Referred to Committee on
Government Operations.
AB583,1,12
1An Act to repeal 59.43 (5) (b) 2., 59.43 (10), 59.43 (11) (a), (b) and (c), 59.43 (12m)
2(bm), 59.43 (12m) (d) and 236.02 (10);
to renumber and amend 59.43 (11)
3(intro.);
to amend 27.065 (13) (a), 59.43 (1) (a), 59.43 (1) (c), 59.43 (1) (d), 59.43
4(1) (e), 59.43 (1) (f), 59.43 (1) (i), 59.43 (1) (k), 59.43 (2) (h), 59.43 (3), 59.43 (7)
5(title), 59.43 (7) (a), 59.43 (9) (title), 59.43 (9) (a) 1. (intro.), 59.43 (9) (a) 1. a.,
659.43 (9) (a) 1. b., 59.43 (9) (a) 1. g., 59.43 (9) (a) 1. h., 59.43 (12m) (title) and (a)
7(intro.), 59.73 (1), 66.021 (1) (am) 2., 70.23 (2), 70.27 (3) (b), 75.521 (3) (am) 1.,
877.16 (2), 80.38 (1), 81.11 (5), 236.34 (3), 703.28 (1m) (b), 706.05 (2m) (a) and
9895.345 (2) (c);
to repeal and recreate 59.43 (9) (a) 2., 59.43 (9) (b), 59.43 (12m)
10(a) 1., 59.43 (12m) (a) 2., 59.43 (12m) (a) 3. and 59.43 (12m) (c); and
to create
1159.43 (9) (c) and 236.02 (9c) of the statutes;
relating to: changes to the
12treatment of documents by a register of deeds.
Analysis by the Legislative Reference Bureau
Under current law, a register of deeds is required to record, file, endorse and
index certain documents in certain ways. This bill makes various technical changes
to the ways in which such documents are handled by a register of deeds and
modernizes the obsolete language and references that describe certain activities of
a register of deeds. The changes in the bill include the following:
1. Under current law, a register of deeds is required to record or cause to be
recorded documents such as maps. Under the bill, the register of deeds is required
to file or record or cause to be filed or recorded all plats and certified survey maps that
may be filed or recorded in his or her office.
2. Under current law, a register of deeds is required to state upon the record
of any instrument the number and denomination of all U.S. internal revenue stamps
that are affixed to the record and state upon the record the real estate transfer fee
paid, subject to some exceptions. Under the bill, the register of deeds is required to
state upon the record of any conveyance of real estate the real estate transfer fee
paid, subject to the same exceptions that apply under current law. Internal revenue
stamps have not been used for decades.
3. Currently, a register of deeds must endorse upon each instrument or writing
received for record a certificate of the time and date when it was received and the
volume and page where it is recorded. Under the bill, a register of deeds must
endorse upon each instrument received for recording the name of the county in which
the instrument is recorded and the date and time when it was accepted for recording.
The bill requires such instruments to be recorded as soon as practicable, in the order
in which they are received. Generally, the instruments must be recorded on the day
they are received.
4. Currently, a register of deeds must record in a book all certificates of
organization of corporations and amendments of such certificates. Under the bill, a
register of deeds must keep an index of all organizational documents of corporations,
fraternal societies, religious organizations, associations and other entities and all
amendments of such documents.
5. The bill repeals a reference to filing requirements for filing with a register
of deeds a will or death certificate.
6. For Milwaukee County, the bill substitutes "parcel identification" number
for "tax key" number in a statute dealing with real estate.
7. Currently, a register of deeds is required to keep a 9 column general index
that contains various information about recorded real estate transactions. The bill
requires the register of deeds to maintain an index for the real estate record series
that contains various information about real estate instruments that are recorded
or filed.
8. With regard to affidavits of corrections of filed documents, the bill requires
a register of deeds to include a notation of either the document number of the
affidavit or the volume and page number where the affidavit is filed and the date on
which it is filed.
9. The bill makes various technical changes in the filing and recording
requirements for writs of attachment and notices of the pendency of an action
affecting real estate.
10. The bill makes various technical changes and modernizes language in the
tract index system that a register of deeds is required to keep.
11. With regard to various statutory requirements related to the recording of
certified survey maps and the filing of subdivision plats, the bill requires that such
maps and plats be filed or recorded with a register of deeds.
12. With respect to a document that is to be recorded or filed and that affects
an original mortgage or land contract, the bill provides that the document must
contain the document number or the volume and page numbers of the original
mortgage or land contract.
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:
AB583, s. 1
1Section
1. 27.065 (13) (a) of the statutes is amended to read:
AB583,3,122
27.065
(13) (a) Whenever in any proceeding under this section, whether for
3acquisition of land or improvement thereof, any tract of land which at the time of
4filing of the final assessment of benefits and damages is in one ownership and such
5tract or any portion thereof shall thereafter be divided or subdivided into 2 or more
6lots or parcels, either by
filed or recorded plat or by conveyance duly recorded, and
7the special assessment of benefits against the original tract shall be outstanding, in
8instalments or otherwise, the county highway committee, after notice and hearing
9as hereinafter provided, on verified written request of the owner of such original tract
10or the owner of any portion thereof shall apportion said assessment of benefits among
11the several lots or parcels into which the original tract or any portion thereof is
12divided or subdivided.
AB583, s. 2
13Section
2. 59.43 (1) (a) of the statutes is amended to read:
AB583,4,1714
59.43
(1) (a) Record or cause to be recorded in suitable books to be kept in his
15or her office, correctly and legibly all deeds, mortgages,
maps, instruments and
16writings authorized by law to be recorded in his or her office and left with him or her
17for that purpose, provided such documents have plainly printed or typewritten
1thereon the names of the grantors, grantees, witnesses and notary.
The register of
2deeds shall file or record or cause to be filed or recorded all plats and certified survey
3maps that are authorized to be accepted for filing or recording in his or her office. 4Any county, by a resolution duly adopted by the board, may combine the separate
5books or volumes for deeds, mortgages, miscellaneous instruments, attachments, lis
6pendens, sales and notices, certificates of organization of corporations, plats or other
7recorded or filed instruments or classes of documents as long as separate indexes
are
8maintained may be produced. Notwithstanding any other provisions of the statutes,
9any county adopting a system of microfilming or like process or a system of recording
10documents by optical imaging or electronic formatting under ch. 228 may substitute
11the headings, reel, disk or electronic file name and microfilm image (frame) for
12volume and page where recorded and different classes of instruments may be
13recorded, reproduced or copied on or transferred to the same reel, disk or electronic
14file or part of a reel or disk. All recordings made prior to June 28, 1961, which would
15have been valid under this paragraph, had this paragraph then been in effect, are
16hereby validated. In this subsection, "book", if automated recording or indexing
17equipment is used, includes the meaning given under sub. (12) (d).
AB583, s. 3
18Section
3. 59.43 (1) (c) of the statutes is amended to read:
AB583,4,2319
59.43
(1) (c) State upon the record of any
instrument the number and
20denomination of all United States internal revenue stamps that are affixed thereto
21and shall also state upon the record conveyance of real estate the real estate transfer
22fee paid or, if the conveyance is not subject to a fee, the reason for the exemption,
23citing the relevant subsection of s. 77.25.
AB583, s. 4
24Section
4. 59.43 (1) (d) of the statutes is amended to read:
AB583,5,3
159.43
(1) (d) Keep
the books and indexes safely and maintain the documents,
2images of recorded documents and indices mentioned in this section and in s. 84.095
3in the manner required.
AB583, s. 5
4Section
5. 59.43 (1) (e) of the statutes is amended to read:
AB583,5,115
59.43
(1) (e) Endorse upon each instrument
or writing received by the register
6for
record a certificate of recording the name of the county in which the instrument
7is recorded and the
date and time when
it the instrument was
received
recorded,
8specifying the
day, hour and minute
of reception and the volume and page where the
9same is recorded, which shall be evidence of such facts.
Instruments shall be
10recorded as soon as practicable, in the order in which they are received, and shall be
11recorded on the day they are received, except as provided in s. 59.20 (3) (c).
AB583, s. 6
12Section
6. 59.43 (1) (f) of the statutes is amended to read:
AB583,5,1813
59.43
(1) (f) Endorse plainly on each instrument
received for record, or file as
14soon as received a number consecutive to the number
affixed to the instrument next
15previously received according to the numbering now established, and to enter the
16same in the indexes assigned to the immediately previously recorded or filed
17instrument, such that all numbers are unique for each instrument within a group of
18public records that are kept together as a unit and relate to a particular subject.
AB583, s. 7
19Section
7. 59.43 (1) (i) of the statutes is amended to read:
AB583,5,2320
59.43
(1) (i) Make and deliver to any person, on
demand request and upon
21payment of the required fees
and proper identification of the record, a certified copy,
22with the register's official seal affixed, of any
official record
, paper, file, map or plat
23in the register's office.
AB583, s. 8
24Section
8. 59.43 (1) (k) of the statutes is amended to read:
AB583,6,11
159.43
(1) (k) Keep
a book and record in that book all certificates of organization
2of corporations an index of all organizational documents of corporations, fraternal
3societies, religious organizations, associations and other entities, and all
4amendments of such
certificates documents, that are
allowed or required by law to
5be filed or
required to be recorded in the register's office
, and an alphabetical index
6of the names of such corporations, with a reference to the number and page of the
7volume where such writings are recorded respectively. The index shall access the
8documents by the names of the corporations, fraternal societies, religious
9organizations, associations and other entities, and shall contain a reference to the
10document number or volume and page number where the documents are filed or
11recorded in the register's office.
AB583, s. 9
12Section
9. 59.43 (2) (h) of the statutes is amended to read:
AB583,6,1413
59.43
(2) (h) For recording
or filing a cemetery plat under s. 157.07, a
14subdivision plat under s. 236.25 or a condominium plat under s. 703.07, $50.
AB583, s. 10
15Section
10. 59.43 (3) of the statutes is amended to read:
AB583,6,2316
59.43
(3) Register of deeds; deputies. Every register of deeds shall appoint
17one or more deputies, who shall hold office at the register's pleasure. The
18appointment shall be in writing and shall be
filed and recorded in the register's office.
19The deputy or deputies shall aid the register in the performance of the register's
20duties under the register's direction, and in case of the register's vacancy or the
21register's absence or inability to perform the duties of the register's office the deputy
22or deputies shall perform the duties of register until the vacancy is filled or during
23the continuance of the absence or inability.
AB583, s. 11
24Section
11. 59.43 (5) (b) 2. of the statutes is repealed.
AB583, s. 12
25Section
12. 59.43 (7) (title) of the statutes is amended to read:
AB583,7,1
159.43
(7) (title)
Including
tax key or parcel identification number.
AB583, s. 13
2Section
13. 59.43 (7) (a) of the statutes is amended to read:
AB583,7,83
59.43
(7) (a) In counties with a population of 500,000 or more where
tax key 4parcel identification numbers are used in the tax roll for taxes based on the value of
5property in municipalities, any conveyance, as defined in s. 706.01 (4), of any interest
6in real estate located in such a municipality shall contain reference to the
key parcel
7identification number affected. The
tax key
parcel identification number shall be
8required for the recording of the conveyance.
AB583, s. 14
9Section
14. 59.43 (9) (title) of the statutes is amended to read:
AB583,7,1110
59.43
(9) (title)
General index; electronic data processing Real estate
11records index.
AB583, s. 15
12Section
15. 59.43 (9) (a) 1. (intro.) of the statutes is amended to read:
AB583,7,1613
59.43
(9) (a) 1. (intro.) A register of deeds shall
keep a general maintain an 14index
, each page of which shall be divided into 9 columns, with heads to the
15respective columns as follows for the real estate record series that contains at least
16all of the following:
AB583, s. 16
17Section
16. 59.43 (9) (a) 1. a. of the statutes is amended to read:
AB583,7,1918
59.43
(9) (a) 1. a. Number of the instrument
that is consecutive and unique
19within the record series.
AB583, s. 17
20Section
17. 59.43 (9) (a) 1. b. of the statutes is amended to read:
AB583,7,2121
59.43
(9) (a) 1. b. Time
and date of the instrument's
reception acceptance.
AB583, s. 18
22Section
18. 59.43 (9) (a) 1. g. of the statutes is amended to read:
AB583,7,2323
59.43
(9) (a) 1. g. Volume and page where the instrument is recorded
or filed.
AB583, s. 19
24Section
19. 59.43 (9) (a) 1. h. of the statutes is amended to read:
AB583,8,2
159.43
(9) (a) 1. h. To whom the instrument is delivered
, unless the document
2is kept on file.
AB583, s. 20
3Section
20. 59.43 (9) (a) 2. of the statutes is repealed and recreated to read: