SB281: Bill Text

LRB-3747/1

MES&PJK:wlj&ksh:hmh

1999 - 2000 LEGISLATURE

1999 Senate BILL 281

November 9, 1999 - Introduced by Senators Welch, Shibilski, Drzewiecki, Plache, Huelsman, Darling and Cowles, cosponsored by Representatives Hebl, Musser, Brandemuehl, Lassa, Ladwig, Stone, M. Lehman, Owens, Goetsch, Olsen, Porter, Pettis, Kreibich, Freese, Sykora, Rhoades and Miller. Referred to Committee on Economic Development, Housing and Government Operations.

SB281,1,12 An Act to repeal 59.43 (5) (b) 2., 59.43 (10), 59.43 (11) (a), (b) and (c), 59.43 (12m) (bm), 59.43 (12m) (d) and 236.02 (10); to renumber and amend 59.43 (11) (intro.); to amend 27.065 (13) (a), 59.43 (1) (a), 59.43 (1) (c), 59.43 (1) (d), 59.43 (1) (e), 59.43 (1) (f), 59.43 (1) (i), 59.43 (1) (k), 59.43 (2) (h), 59.43 (3), 59.43 (7) (title), 59.43 (7) (a), 59.43 (9) (title), 59.43 (9) (a) 1. (intro.), 59.43 (9) (a) 1. a., 59.43 (9) (a) 1. b., 59.43 (9) (a) 1. g., 59.43 (9) (a) 1. h., 59.43 (12m) (title) and (a) (intro.), 59.73 (1), 66.021 (1) (am) 2., 70.23 (2), 70.27 (3) (b), 75.521 (3) (am) 1., 77.16 (2), 80.38 (1), 81.11 (5), 236.34 (3), 703.28 (1m) (b), 706.05 (2m) (a) and 895.345 (2) (c); to repeal and recreate 59.43 (9) (a) 2., 59.43 (9) (b), 59.43 (12m) (a) 1., 59.43 (12m) (a) 2., 59.43 (12m) (a) 3. and 59.43 (12m) (c); and to create 59.43 (9) (c) and 236.02 (9c) of the statutes; relating to: changes to the treatment 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:

SB281, s. 1 Section 1. 27.065 (13) (a) of the statutes is amended to read:

SB281,3,12 27.065 (13) (a) Whenever in any proceeding under this section, whether for acquisition of land or improvement thereof, any tract of land which at the time of filing of the final assessment of benefits and damages is in one ownership and such tract or any portion thereof shall thereafter be divided or subdivided into 2 or more lots or parcels, either by filed or recorded plat or by conveyance duly recorded, and the special assessment of benefits against the original tract shall be outstanding, in instalments or otherwise, the county highway committee, after notice and hearing as hereinafter provided, on verified written request of the owner of such original tract or the owner of any portion thereof shall apportion said assessment of benefits among the several lots or parcels into which the original tract or any portion thereof is divided or subdivided.

SB281, s. 2 Section 2. 59.43 (1) (a) of the statutes is amended to read:

SB281,4,17 59.43 (1) (a) Record or cause to be recorded in suitable books to be kept in his or her office, correctly and legibly all deeds, mortgages, maps, instruments and writings authorized by law to be recorded in his or her office and left with him or her for that purpose, provided such documents have plainly printed or typewritten thereon the names of the grantors, grantees, witnesses and notary. The register of deeds shall file or record or cause to be filed or recorded all plats and certified survey maps that are authorized to be accepted for filing or recording in his or her office. Any county, by a resolution duly adopted by the board, may combine the separate books or volumes for deeds, mortgages, miscellaneous instruments, attachments, lis pendens, sales and notices, certificates of organization of corporations, plats or other recorded or filed instruments or classes of documents as long as separate indexes are maintained may be produced. Notwithstanding any other provisions of the statutes, any county adopting a system of microfilming or like process or a system of recording documents by optical imaging or electronic formatting under ch. 228 may substitute the headings, reel, disk or electronic file name and microfilm image (frame) for volume and page where recorded and different classes of instruments may be recorded, reproduced or copied on or transferred to the same reel, disk or electronic file or part of a reel or disk. All recordings made prior to June 28, 1961, which would have been valid under this paragraph, had this paragraph then been in effect, are hereby validated. In this subsection, "book", if automated recording or indexing equipment is used, includes the meaning given under sub. (12) (d).

SB281, s. 3 Section 3. 59.43 (1) (c) of the statutes is amended to read:

SB281,4,23 59.43 (1) (c) State upon the record of any instrument the number and denomination of all United States internal revenue stamps that are affixed thereto and shall also state upon the record conveyance of real estate the real estate transfer fee paid or, if the conveyance is not subject to a fee, the reason for the exemption, citing the relevant subsection of s. 77.25.

SB281, s. 4 Section 4. 59.43 (1) (d) of the statutes is amended to read:

SB281,5,3 59.43 (1) (d) Keep the books and indexes safely and maintain the documents, images of recorded documents and indices mentioned in this section and in s. 84.095 in the manner required.

SB281, s. 5 Section 5. 59.43 (1) (e) of the statutes is amended to read:

SB281,5,11 59.43 (1) (e) Endorse upon each instrument or writing received by the register for record a certificate of recording the name of the county in which the instrument is recorded and the date and time when it the instrument was received recorded, specifying the day, hour and minute of reception and the volume and page where the same is recorded, which shall be evidence of such facts. Instruments shall be recorded as soon as practicable, in the order in which they are received, and shall be recorded on the day they are received, except as provided in s. 59.20 (3) (c).

SB281, s. 6 Section 6. 59.43 (1) (f) of the statutes is amended to read:

SB281,5,18 59.43 (1) (f) Endorse plainly on each instrument received for record, or file as soon as received a number consecutive to the number affixed to the instrument next previously received according to the numbering now established, and to enter the same in the indexes assigned to the immediately previously recorded or filed instrument, such that all numbers are unique for each instrument within a group of public records that are kept together as a unit and relate to a particular subject.

SB281, s. 7 Section 7. 59.43 (1) (i) of the statutes is amended to read:

SB281,5,23 59.43 (1) (i) Make and deliver to any person, on demand request and upon payment of the required fees and proper identification of the record, a certified copy, with the register's official seal affixed, of any official record, paper, file, map or plat in the register's office.

SB281, s. 8 Section 8. 59.43 (1) (k) of the statutes is amended to read:

SB281,6,11 59.43 (1) (k) Keep a book and record in that book all certificates of organization of corporations an index of all organizational documents of corporations, fraternal societies, religious organizations, associations and other entities, and all amendments of such certificates documents, that are allowed or required by law to be filed or required to be recorded in the register's office, and an alphabetical index of the names of such corporations, with a reference to the number and page of the volume where such writings are recorded respectively. The index shall access the documents by the names of the corporations, fraternal societies, religious organizations, associations and other entities, and shall contain a reference to the document number or volume and page number where the documents are filed or recorded in the register's office.

SB281, s. 9 Section 9. 59.43 (2) (h) of the statutes is amended to read:

SB281,6,14 59.43 (2) (h) For recording or filing a cemetery plat under s. 157.07, a subdivision plat under s. 236.25 or a condominium plat under s. 703.07, $50.

SB281, s. 10 Section 10. 59.43 (3) of the statutes is amended to read:

SB281,6,23 59.43 (3) Register of deeds; deputies. Every register of deeds shall appoint one or more deputies, who shall hold office at the register's pleasure. The appointment shall be in writing and shall be filed and recorded in the register's office. The deputy or deputies shall aid the register in the performance of the register's duties under the register's direction, and in case of the register's vacancy or the register's absence or inability to perform the duties of the register's office the deputy or deputies shall perform the duties of register until the vacancy is filled or during the continuance of the absence or inability.

SB281, s. 11 Section 11. 59.43 (5) (b) 2. of the statutes is repealed.

SB281, s. 12 Section 12. 59.43 (7) (title) of the statutes is amended to read:

SB281,7,1 59.43 (7) (title) Including tax key or parcel identification number.

SB281, s. 13 Section 13. 59.43 (7) (a) of the statutes is amended to read:

SB281,7,8 59.43 (7) (a) In counties with a population of 500,000 or more where tax key parcel identification numbers are used in the tax roll for taxes based on the value of property in municipalities, any conveyance, as defined in s. 706.01 (4), of any interest in real estate located in such a municipality shall contain reference to the key parcel identification number affected. The tax key parcel identification number shall be required for the recording of the conveyance.

SB281, s. 14 Section 14. 59.43 (9) (title) of the statutes is amended to read:

SB281,7,11 59.43 (9) (title) General index; electronic data processing Real estate records index.

SB281, s. 15 Section 15. 59.43 (9) (a) 1. (intro.) of the statutes is amended to read:

SB281,7,16 59.43 (9) (a) 1. (intro.) A register of deeds shall keep a general maintain an index, each page of which shall be divided into 9 columns, with heads to the respective columns as follows for the real estate record series that contains at least all of the following:

SB281, s. 16 Section 16. 59.43 (9) (a) 1. a. of the statutes is amended to read:

SB281,7,19 59.43 (9) (a) 1. a. Number of the instrument that is consecutive and unique within the record series.

SB281, s. 17 Section 17. 59.43 (9) (a) 1. b. of the statutes is amended to read:

SB281,7,21 59.43 (9) (a) 1. b. Time and date of the instrument's reception acceptance.

SB281, s. 18 Section 18. 59.43 (9) (a) 1. g. of the statutes is amended to read:

SB281,7,23 59.43 (9) (a) 1. g. Volume and page where the instrument is recorded or filed.

SB281, s. 19 Section 19. 59.43 (9) (a) 1. h. of the statutes is amended to read:

SB281,8,2 59.43 (9) (a) 1. h. To whom the instrument is delivered, unless the document is kept on file.

SB281, s. 20 Section 20. 59.43 (9) (a) 2. of the statutes is repealed and recreated to read:

SB281,8,5 59.43 (9) (a) 2. The index shall be accessible and searchable by at least all of the following means:

SB281,8,6 a. Name of the grantor.

SB281,8,7 b. Name of the grantee.

SB281,8,9 c. Document number, or volume and page where the instrument is recorded or filed.

SB281,8,10 d. By tract of land parcel if the county has a tract index.

SB281, s. 21 Section 21. 59.43 (9) (b) of the statutes is repealed and recreated to read:

SB281,8,15 59.43 (9) (b) In the case of assignments, satisfactions and partial releases of mortgages, and subordination of mortgages, the index shall also contain the document number or volume and page of the original mortgage instrument whenever that original mortgage instrument is referenced on the document.

SB281, s. 22 Section 22. 59.43 (9) (c) of the statutes is created to read:

SB281,8,18 59.43 (9) (c) With regard to affidavits of corrections of filed documents, the register shall include at least one of the following notations on the filed document:

SB281,8,19 1. The document number of the affidavit of correction.

SB281,8,21 2. The volume and page number where the affidavit of correction is filed, and the date when the affidavit is filed.

SB281, s. 23 Section 23. 59.43 (10) of the statutes is repealed.

SB281, s. 24 Section 24. 59.43 (11) (intro.) of the statutes is renumbered 59.43 (11) and amended to read: