LRB-2983/1
RJM&PJD:kmg:rs
2003 - 2004 LEGISLATURE
October 15, 2003 - Introduced by Representatives F. Lasee, Kerkman, M. Lehman,
Seratti, Hahn, Hundertmark, Ladwig, McCormick, Olsen, Hines, Kestell,
Weber, Van Roy, Townsend, Bies, LeMahieu, Gunderson and Vrakas,
cosponsored by Senators Cowles, Roessler, Wirch, Lassa and Breske.
Referred to Committee on Financial Institutions.
AB591,1,9
1An Act to repeal 59.43 (1) (um), 409.528, 409.528 (1) (title), 409.528 (2) and
2779.97 (4) (d);
to renumber 409.528 (1);
to amend 59.43 (1) (L), 59.43 (1) (m),
3(n) and (o), 134.17 (4), 185.42 (2), 409.523 (3) (intro.), 779.97 (4) (a) 2., 779.97
4(4) (b) 1., 779.97 (4) (c) 2. and 779.97 (4) (e);
to repeal and recreate 59.43 (2)
5(ag), 59.43 (2) (ag), 59.43 (2) (e), 59.43 (2) (e), 59.72 (5), 59.72 (5) and 779.97 (5)
6(a);
to create 59.43 (1) (um) and 409.519 (9) of the statutes; and
to affect 1997
7Wisconsin Act 27, section
9456 (3m);
relating to: recording and filing
8documents with the offices of register of deeds and the Department of Financial
9Institutions.
Analysis by the Legislative Reference Bureau
This bill makes the following changes regarding the recording and filing of
documents with the offices of registers of deeds and the Department of Financial
Institutions:
1. Requires documents pertaining to security interests that are filed with the
offices of registers of deeds to meet most of the format and legibility standards for
documents recorded with those offices.
2. Requires documents pertaining to security interests and certain other
records that are filed with the offices of registers of deeds to be indexed in the real
estate records index, rather than other separate indexes.
3. Clarifies which documents are recorded and which are filed with the offices
of registers of deeds, and which are filed with the Department of Financial
Institutions. The bill also clarifies which fees apply to which documents.
4. Provides that only the Department of Financial Institutions, not the offices
of registers of deeds, when assigning a file number for a document pertaining to
security interests, must include a digit that is mathematically derived from or
related to the other digits of the file number and aids the filing office in determining
whether a number communicated as the file number includes a single-digit or
transpositional error.
5. Provides that only the Department of Financial Institutions, not the offices
of registers of deeds, is required to provide results of searches of its records for
financing statements filed in its filing system.
6. Eliminates the requirement that the Department of Financial Institutions
and the offices of registers of deeds enter all information regarding filings under the
provisions of the Uniform Commercial Code relating to security interests into the
statewide lien system.
7. Eliminates, effective July 1, 2010, the requirement that the statewide lien
system be maintained.
8. Makes changes to the current law dealing with the filing of notices of federal
tax liens and related documents to make the duties of the registers of deeds with
regard to federal tax liens consistent with their duties with regard to other
documents filed or recorded with their offices.
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:
AB591, s. 1
1Section
1. 59.43 (1) (L) of the statutes is amended to read:
AB591,3,122
59.43
(1) (L) File all documents pertaining to security interests, as defined in
3s. 401.201 (37) (a), that are required or authorized by law to be filed with the register.
4Except as otherwise prescribed by the department of financial institutions under
5subch. V of ch. 409, these documents shall be executed
on white or light colored sheets
6of paper, 8 or 8.5 inches wide and 5, 7, 10.5, or 14 inches long. Whenever there is
7offered for filing any document that varies more than one-eighth inch from the
1approved size, or that is not on a standard form prescribed by ch. 409 or by the
2department of financial institutions, then in addition to the regular filing fee an
3additional filing fee shall be charged by the register of deeds, as prescribed by sub.
4(2). No assignment, release, or other instrument shall be offered for filing that is
5executed or endorsed on any other document, but each shall be a separate and
6distinct document, except those assignments or notices that are printed or written
7on and immediately following the original agreement or financing statement, offered
8for filing at the same time, shall be considered as one document. All of these
9documents shall be legibly written, and shall have the names of the debtor and
10secured party plainly printed or typed on the document and shall provide a space for
11filing data of the register of deeds on the outside of the document
in a manner that
12satisfies the requirements set forth in sub. (2m) (b) 1. to 5.
AB591, s. 2
13Section
2. 59.43 (1) (m), (n) and (o) of the statutes are amended to read:
AB591,3,1714
59.43
(1) (m)
Except as otherwise provided in subchs. V and VII of ch. 409, keep 15Keep these chattel documents in consecutive numerical arrangement, for the
16inspection of all persons, endorsing on each document the document number and the
17date and time of reception.
AB591,4,518
(n) Upon the filing of a financing statement or other document evidencing the
19creation of a security interest, as defined in s. 401.201 (37) (a), required to be filed
20or recorded with the register under s. 409.501 (1) (a),
enter the name of each debtor
21alphabetically in indexes, of which each page shall be divided into columns which
22shall contain the following information: number of the document, date and time of
23filing, name and address of debtor, name and address of secured party, name of the
24document, the amount if any, shown in the document, brief description of property,
25and the last column set aside for the entry of assignments, continuation statements,
1termination statements, foreclosure affidavits, extensions and releases pertaining
2to such financing statements or chattel security documents. If the financing
3statement evidences the creation of a security interest in fixtures, it also shall be
4entered in the tract index if one is kept in the county index the statement or document
5in the real estate records index under sub. (9).
AB591,4,136
(o)
Except as otherwise provided in subch. V of ch. 409, upon Upon the filing
7of an assignment, continuation statement, termination statement, foreclosure
8affidavit, extension
, or release pertaining to a filed financing statement or other
9chattel security document,
enter the document number and the date and time of
10filing in the appropriate column of the indexes referred to in par. (n) and on the same
11line as that on which the entry of the filed financing statement or other chattel
12security document appears index the document in the real estate records index under
13sub. (9).
AB591, s. 3
14Section
3. 59.43 (1) (um) of the statutes is created to read:
AB591,4,1715
59.43
(1) (um) Submit that portion of recording and filing fees collected under
16sub. (2) (ag) 1. or (e) and not retained by the county to the land information board
17under s. 59.72 (5).
AB591, s. 4
18Section
4. 59.43 (1) (um) of the statutes, as created by 2003 Wisconsin Act ....
19(this act), is repealed.
AB591, s. 5
20Section
5
. 59.43 (2) (ag) of the statutes is repealed and recreated to read:
AB591,4,2421
59.43
(2) (ag) 1. Subject to s. 59.72 (5), for recording any instrument entitled
22to be recorded in the office of register of deeds, $11 for the first page and $2 for each
23additional page, except that no fee may be collected for recording a change of address
24that is exempt from a filing fee under s. 185.83 (1) (b).
AB591,5,2
12. In the event of conflict in the statutes regarding recording fees, subd. 1. shall
2control.
AB591, s. 6
3Section
6
. 59.43 (2) (ag) of the statutes, as affected by 2003 Wisconsin Act ....
4(this act), is repealed and recreated to read:
AB591,5,105
59.43
(2) (ag) 1. For recording any instrument entitled to be recorded in the
6office of register of deeds, $8 for the first page if the county maintains a land
7information office under s. 59.72 (3) and $4 for the first page if the county does not
8maintain such an office, and $2 for each additional page, except that no fee may be
9collected for recording a change of address that is exempt from a filing fee under s.
10185.83 (1) (b).
AB591,5,1211
2. In the event of conflict in the statutes regarding recording fees, subd. 1. shall
12control.
AB591, s. 7
13Section
7. 59.43 (2) (e) of the statutes is repealed and recreated to read:
AB591,5,1614
59.43
(2) (e) Subject to s. 59.72 (5), for filing any instrument which is entitled
15to be filed in the office of register of deeds and for which no other specific fee is
16specified, $11 for the first page and $2 for each additional page.
AB591, s. 8
17Section
8
. 59.43 (2) (e) of the statutes, as affected by 2003 Wisconsin Act ....
18(this act), is repealed and recreated to read:
AB591,5,2219
59.43
(2) (e) For filing any instrument which is entitled to be filed in the office
20of register of deeds and for which no other specific fee is specified, $8 for the first page
21if the county maintains a land information office under s. 59.72 (3) and $4 for the first
22page if the county does not maintain such an office, and $2 for each additional page.
AB591,6,4
159.72
(5) Land record modernization funding. (a) Before the 16th day of each
2month a register of deeds shall submit to the land information board $7 from the fee
3for recording or filing the first page of each instrument that is recorded or filed under
4s. 59.43 (2) (ag) 1. or (e), less any amount retained by the county under par. (b).
AB591,6,75
(b) A county may retain $5 of the $7 submitted under par. (a) from the fee for
6recording or filing the first page of each instrument that is recorded or filed under
7s. 59.43 (2) (ag) 1. or (e) if all of the following conditions are met:
AB591,6,88
1. The county has established a land information office under sub. (3).
AB591,6,119
2. A land information office has been established for less than 2 years or has
10received approval for a countywide plan for land records modernization under sub.
11(3) (b).
AB591,6,1712
3. The county uses $4 of each $5 fee retained under this paragraph to develop,
13implement, and maintain the countywide plan for land records modernization, and
14$1 of each $5 fee retained under this paragraph to develop and maintain a
15computerized indexing of the county's land information records relating to housing,
16including the housing element of the county's land use plan under s. 66.1001 (2) (b),
17in a manner that would allow for greater public access through use of the Internet.
AB591, s. 10
18Section
10
. 59.72 (5) of the statutes, as affected by 2003 Wisconsin Act .... (this
19act), is repealed and recreated to read:
AB591,6,2320
59.72 (5)
Land record modernization funding. A county that establishes a
21land information office shall use $4 of the $8 per page received under s. 59.43 (2) (ag)
221. and (e) to develop, implement, and maintain a countywide plan for land records
23modernization.
AB591, s. 11
24Section
11. 134.17 (4) of the statutes is amended to read:
AB591,7,2
1134.17
(4) For each recording, the register of deeds shall receive the fee
2specified for
filing recording under s. 59.43 (2) (ag).
AB591, s. 12
3Section
12. 185.42 (2) of the statutes is amended to read:
AB591,7,114
185.42
(2) The register of deeds, upon payment of the fee specified under s.
559.43 (2)
(e) (ag), shall number each contract consecutively and shall record it. The
6register of deeds shall enter the name of every member-maker of such a contract
7alphabetically in a book to be kept for that purpose. He or she shall place members
8and cooperatives under a separate head and shall state in separate columns, opposite
9each name, the number of the contract, the date of the filing, and a brief description
10of the products, goods or services covered by such contract in the real estate records
11index under s. 59.43 (9).
AB591, s. 13
12Section
13. 409.519 (9) of the statutes is created to read:
AB591,7,1413
409.519 (9)
Inapplicability to real-property-related filing office. 14Subsection (2) does not apply to a filing office described in s. 409.501 (1) (a).
AB591, s. 14
15Section
14. 409.523 (3) (intro.) of the statutes is amended to read:
AB591,7,1816
409.523
(3) Communication of requested information. (intro.) The filing
17office
described in s. 409.501 (1) (b) shall communicate or otherwise make available
18in a record the following information to any person that requests it:
AB591, s. 15
19Section
15
. 409.528 of the statutes, as affected by 2003 Wisconsin Act .... (this
20act), is repealed.
AB591, s. 16
21Section
16. 409.528 (1) (title) of the statutes is repealed.
AB591, s. 17
22Section
17. 409.528 (1) of the statutes is renumbered 409.528.
AB591, s. 18
23Section
18. 409.528 (2) of the statutes is repealed.