AB591: Bill Text

AB591,4,5 (n) Upon the filing of a financing statement or other document evidencing the creation of a security interest, as defined in s. 401.201 (37) (a), required to be filed or recorded with the register under s. 409.501 (1) (a), enter the name of each debtor alphabetically in indexes, of which each page shall be divided into columns which shall contain the following information: number of the document, date and time of filing, name and address of debtor, name and address of secured party, name of the document, the amount if any, shown in the document, brief description of property, and the last column set aside for the entry of assignments, continuation statements, termination statements, foreclosure affidavits, extensions and releases pertaining to such financing statements or chattel security documents. If the financing statement evidences the creation of a security interest in fixtures, it also shall be entered in the tract index if one is kept in the county index the statement or document in the real estate records index under sub. (9).

AB591,4,13 (o) Except as otherwise provided in subch. V of ch. 409, upon Upon the filing of an assignment, continuation statement, termination statement, foreclosure affidavit, extension, or release pertaining to a filed financing statement or other chattel security document, enter the document number and the date and time of filing in the appropriate column of the indexes referred to in par. (n) and on the same line as that on which the entry of the filed financing statement or other chattel security document appears index the document in the real estate records index under sub. (9).

AB591, s. 3 Section 3. 59.43 (1) (um) of the statutes is created to read:

AB591,4,17 59.43 (1) (um) Submit that portion of recording and filing fees collected under sub. (2) (ag) 1. or (e) and not retained by the county to the land information board under s. 59.72 (5).

AB591, s. 4 Section 4. 59.43 (1) (um) of the statutes, as created by 2003 Wisconsin Act .... (this act), is repealed.

AB591, s. 5 Section 5 . 59.43 (2) (ag) of the statutes is repealed and recreated to read:

AB591,4,24 59.43 (2) (ag) 1. Subject to s. 59.72 (5), for recording any instrument entitled to be recorded in the office of register of deeds, $11 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. 185.83 (1) (b).

AB591,5,2 2. In the event of conflict in the statutes regarding recording fees, subd. 1. shall control.

AB591, s. 6 Section 6 . 59.43 (2) (ag) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is repealed and recreated to read:

AB591,5,10 59.43 (2) (ag) 1. For recording any instrument entitled to be recorded in the office of register of deeds, $8 for the first page if the county maintains a land information office under s. 59.72 (3) and $4 for the first page if the county does not maintain such an office, 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. 185.83 (1) (b).

AB591,5,12 2. In the event of conflict in the statutes regarding recording fees, subd. 1. shall control.

AB591, s. 7 Section 7. 59.43 (2) (e) of the statutes is repealed and recreated to read:

AB591,5,16 59.43 (2) (e) Subject to s. 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, $11 for the first page and $2 for each additional page.

AB591, s. 8 Section 8 . 59.43 (2) (e) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is repealed and recreated to read:

AB591,5,22 59.43 (2) (e) 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, $8 for the first page if the county maintains a land information office under s. 59.72 (3) and $4 for the first page if the county does not maintain such an office, and $2 for each additional page.

AB591, s. 9 Section 9. 59.72 (5) of the statutes, as affected by 1997 Wisconsin Act 27, is repealed and recreated to read:

AB591,6,4 59.72 (5) Land record modernization funding. (a) Before the 16th day of each month a register of deeds shall submit to the land information board $7 from the fee for recording or filing the first page of each instrument that is recorded or filed under s. 59.43 (2) (ag) 1. or (e), less any amount retained by the county under par. (b).

AB591,6,7 (b) A county may retain $5 of the $7 submitted under par. (a) from the fee for recording or filing the first page of each instrument that is recorded or filed under s. 59.43 (2) (ag) 1. or (e) if all of the following conditions are met:

AB591,6,8 1. The county has established a land information office under sub. (3).

AB591,6,11 2. A land information office has been established for less than 2 years or has received approval for a countywide plan for land records modernization under sub. (3) (b).

AB591,6,17 3. The county uses $4 of each $5 fee retained under this paragraph to develop, implement, and maintain the countywide plan for land records modernization, and $1 of each $5 fee retained under this paragraph to develop and maintain a computerized indexing of the county's land information records relating to housing, including the housing element of the county's land use plan under s. 66.1001 (2) (b), in a manner that would allow for greater public access through use of the Internet.

AB591, s. 10 Section 10 . 59.72 (5) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is repealed and recreated to read:

AB591,6,23 59.72 (5) Land record modernization funding. A county that establishes a land information office shall use $4 of the $8 per page received under s. 59.43 (2) (ag) 1. and (e) to develop, implement, and maintain a countywide plan for land records modernization.

AB591, s. 11 Section 11. 134.17 (4) of the statutes is amended to read:

AB591,7,2 134.17 (4) For each recording, the register of deeds shall receive the fee specified for filing recording under s. 59.43 (2) (ag).

AB591, s. 12 Section 12. 185.42 (2) of the statutes is amended to read:

AB591,7,11 185.42 (2) The register of deeds, upon payment of the fee specified under s. 59.43 (2) (e) (ag), shall number each contract consecutively and shall record it. The register of deeds shall enter the name of every member-maker of such a contract alphabetically in a book to be kept for that purpose. He or she shall place members and cooperatives under a separate head and shall state in separate columns, opposite each name, the number of the contract, the date of the filing, and a brief description of the products, goods or services covered by such contract in the real estate records index under s. 59.43 (9).

AB591, s. 13 Section 13. 409.519 (9) of the statutes is created to read:

AB591,7,14 409.519 (9) Inapplicability to real-property-related filing office. Subsection (2) does not apply to a filing office described in s. 409.501 (1) (a).

AB591, s. 14 Section 14. 409.523 (3) (intro.) of the statutes is amended to read:

AB591,7,18 409.523 (3) Communication of requested information. (intro.) The filing office described in s. 409.501 (1) (b) shall communicate or otherwise make available in a record the following information to any person that requests it:

AB591, s. 15 Section 15 . 409.528 of the statutes, as affected by 2003 Wisconsin Act .... (this act), is repealed.

AB591, s. 16 Section 16. 409.528 (1) (title) of the statutes is repealed.

AB591, s. 17 Section 17. 409.528 (1) of the statutes is renumbered 409.528.

AB591, s. 18 Section 18. 409.528 (2) of the statutes is repealed.

AB591, s. 19 Section 19. 779.97 (4) (a) 2. of the statutes is amended to read:

AB591,8,8 779.97 (4) (a) 2. Any other officer described in sub. (2), the officer shall endorse thereon his or her identification and the date and time of receipt make the endorsements required under s. 59.43 (1) (e) and (f) and forthwith file it alphabetically or record the notice and enter it in an alphabetical the index showing the name and address of the person named in the notice, the date and time of receipt, the title and address of the officer or entity certifying the lien, and the total amount appearing on the notice of lien under s. 59.43 (9). Notices under this subdivision are subject to s. 59.43 (4) (a).

AB591, s. 20 Section 20. 779.97 (4) (b) 1. of the statutes is amended to read:

AB591,8,14 779.97 (4) (b) 1. If a refiling of a notice of lien is presented to the department of financial institutions for filing, the filing officer shall cause the refiled notice of federal lien to be dealt with in accordance with s. 409.519 as if the refiling were a continuation statement within the meaning of chs. 401 to 411, except that the time period in par. (d) shall apply instead of the time period in s. 409.515.

AB591, s. 21 Section 21. 779.97 (4) (c) 2. of the statutes is amended to read:

AB591,9,6 779.97 (4) (c) 2. If Except as otherwise provided in this subdivision, if a certificate of release or other document associated with a recorded notice of federal tax lien is presented for filing or recording with any other filing officer specified in sub. (2), the officer shall enter the certificate with the date of filing in any alphabetical federal lien index on the line where the original notice of lien is entered and may then remove the notice of federal lien and any related refiling of a notice of lien, certificate of nonattachment, discharge or subordination from the files, provided that the officer shall keep the certificate of release or a microfilm or other photographic record, or in the case of the department of financial institutions, or a register of deeds if authorized under s. 59.43 (4), a microfilm or other photographic record or optical disk or electronic record, of the certificate of release in a file, separate from those containing currently effective notices of federal liens, for a period of 30 years after the date of filing of the certificate of release treat the certificate or document in the same manner as a notice filed or recorded under par. (a) 2. The officer shall also reference the certificate or document to the recorded notice of federal lien by document number in the index maintained under s. 59.43 (9).

AB591, s. 22 Section 22. 779.97 (4) (d) of the statutes is repealed.

AB591, s. 23 Section 23. 779.97 (4) (e) of the statutes is amended to read:

AB591,9,20 779.97 (4) (e) Upon request of any person, the filing officer shall issue a certificate showing whether there is on file, on the date and hour stated therein, certified copy of any notice of federal lien or any related refiling of a notice of lien, certificate of nonattachment, discharge or subordination filed on or after February 1, 1968, naming a particular person, and if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. The officer may charge the fee specified under s. 59.43 (2) (b) for the copy. If the filing officer is the department of financial institutions, the filing officer shall include the information concerning the notice of federal lien, or notice or certificate affecting a federal lien, in the information communicated or otherwise made available in response to a request under s. 409.523 (3), and the fee charged shall be that charged in accordance with s. 409.525.

AB591, s. 24 Section 24. 779.97 (5) (a) of the statutes is repealed and recreated to read:

AB591,9,23 779.97 (5) (a) The fee for filing and indexing each notice of lien or certificate or notice affecting the lien is the fee specified under s. 59.43 (2) (ag).

AB591, s. 25 Section 25. 1997 Wisconsin Act 27, section 9456 (3m), as last amended by 2003 Wisconsin Act 33, is amended to read:

AB591,10,9 [1997 Wisconsin Act 27] Section 9456 (3m) Elimination of land information board and Wisconsin land council. The treatment of sections 15.07 (1) (b) 16., 15.105 (16), 16.968 (by Section 142am), 20.505 (1) (title) (by Section 666h), 20.505 (1) (ka) (by Section 669am), 23.27 (3) (a) (by Section 769ad), 23.325 (1) (a), 36.09 (1) (e), 36.25 (12m) (intro.), 59.72 (1) (a) and (b), and (3) (intro.), (a) and (b) and (5) and 92.10 (4) (a) of the statutes, the repeal of sections 16.966 (1), (2) and (4), 16.967, 20.505 (1) (ie), (ig), (ij) and (ks), 23.32 (2) (d), 59.43 (1) (u) and 59.72 (1) (am), (3) (c) and (4) of the statutes and Section 9101 (1) of this act take effect on September 1, 2005.

AB591, s. 26 Section 26. Effective dates. This act takes effect on the day after publication, except as follows:

AB591,10,14 (1) Filing fees. The repeal of section 59.43 (1) (um) of the statutes and the repeal and recreation of sections 59.43 (2) (ag) (by Section 6) and (e) (by Section 8) and 59.72 (5) (by Section 10 ) of the statutes take effect on September 1, 2005.

AB591,10,16 (2) Statewide lien registration system. The repeal of section 409.528 (by Section 15) of the statutes takes effect on July 1, 2010.

AB591,10,17 (End)