2015 - 2016 LEGISLATURE
March 10, 2015 - Introduced by Senators Olsen,
Nass, Bewley, Darling, Gudex,
Harsdorf, Vinehout, Wanggaard and Wirch, cosponsored by Representatives
Born, Ballweg, Bernier, Billings, Brandtjen, E. Brooks, R. Brooks, Danou,
Doyle, Edming, Gannon, Jagler, Jarchow, Katsma, Kerkman, Kleefisch,
Knodl, Kremer, Krug, Macco, Milroy, Murphy, Murtha, Ohnstad, A. Ott,
Ripp, Rohrkaste, Schraa and Weatherston. Referred to Committee on
Elections and Local Government.
1An Act to repeal
59.43 (2) (i), 59.43 (2m) (d) 2. and 867.045 (3); and to amend
59.43 (1) (a), 59.43 (1) (L), 59.43 (1) (n), 59.43 (2) (a) 2., 59.43 (2m) (b) 5., 59.43 3
(2m) (d) 3., 59.43 (9) (a) 1. g., 236.25 (4), 236.34 (2) (a), 236.45 (2) (am) (intro.), 4
703.11 (1) and 779.97 (5) (a) and (b) of the statutes; relating to: instruments
5filed or recorded with, and fees charged by, the register of deeds.
Analysis by the Legislative Reference Bureau
Current law requires the register of deeds to record and file plats and certified
survey maps that are authorized to be filed with the register of deeds. This bill states
that the register of deeds may either record or file these plats and certified survey
Also under current law, the register of deeds is required to file all documents
pertaining to security interests that are authorized to be filed with the register of
deeds. Under this bill, the register of deeds must record these documents.
Current law requires the register of deeds to index certain statements or
documents upon the filing of certain statements or documents evidencing the
creation of a security interest. Under this bill, these statements and documents must
be indexed upon recording.
Current law requires the register of deeds to maintain a real estate records
index that contains certain specified information. One item of information required
under current law is the volume and page where the recorded instrument is recorded.
Under this bill, the index must provide a document number where the instrument
is recorded and the volume and page only in certain situations.
Current law requires the filing and indexing of notices of liens on real property
for obligations payable to the United States, and certificates and notices affecting the
liens, in the office of the register of deeds of the county in which real property subject
to the liens is located. Under current law, the register of deeds may charge a fee for
filing and indexing each notice of lien, certificate, or notice, and must bill the Internal
Revenue Service (IRS) on a monthly basis for fees for documents filed by the IRS.
This bill permits the register of deeds to file a fee for recording or filing each notice
of lien, certificate, or notice, and permits, but does not require, the register of deeds
to bill IRS on a monthly basis.
Under current law, counties collect fees for recording or filing instruments that
are recorded or filed with a register of deeds. The general fee for filing or recording
instruments is $30. Among the fees for which a different amount is specified,
counties collect $25 for recording certain certificates and for preparing and mailing
to the clerk of courts certain documents related to certain survivorship interests in
property. Under this bill, the specification of a different fee for recording instruments
related to certain survivorship interests in property is eliminated and the general fee
for filing or recording instruments applies. A requirement that the register of deeds
mail to the clerk of courts certain documents related to certain survivorship interests
in property is eliminated.
Current law specifies certain standard format requirements for documents
that are to be recorded with the register of deeds. Under one of these requirements,
a document that is filed with the register of deeds must generally use only black or
red ink. Under this bill, blue ink may also be used.
Also under current law, the standard format requirements do not apply to
instruments that are filed documents. Under this bill the standard format
requirement also does not apply to recorded documents.
Under current law, one provision of the statutes requires that an instrument
that is submitted for recording with the register of deeds contain a blank space at
least 2.5 inches by 2.5 inches for use by the register of deeds. Another provision
requires a blank space at least 3 inches by 3 inches. This bill amends the former
provision so that both provisions require a blank space at least 3 inches by 3 inches.
Under current law, the register of deeds is required to keep certain recorded
plats and certified survey maps in volumes or books, which must be kept in the
register of deeds office. Under the bill, a register of deeds may store such documents
For further information see the 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:
59.43 (1) (a) of the statutes is amended to read:
(a) Record or cause to be recorded in suitable books to be kept in his 2
or her office, correctly and legibly all deeds, mortgages, instruments
and writings 3
authorized by law to be recorded in his or her office and left with him or her for that 4
purpose, provided such the
documents have plainly printed or typewritten thereon 5on the document
the names of the grantors, grantees, witnesses,
and notary. The 6
register of deeds shall record and or
file or cause to be recorded and or
filed all plats 7
and certified survey maps that are authorized to be accepted for recording and or 8
filing in his or her office. Any county, by a resolution duly
adopted by the board, may 9
combine the separate books or volumes for deeds, mortgages, miscellaneous 10
instruments, attachments, lis pendens, sales and notices, certificates of organization 11
of corporations, plats,
or other recorded or filed instruments or classes of documents 12
as long as separate indexes may be produced. Notwithstanding any other provisions 13
of the statutes, any county adopting a system of microfilming or like process or a 14
system of recording documents by optical imaging or electronic formatting under ch. 15
228 may substitute the headings, reel, disk,
or electronic file name and microfilm 16
image (frame) for volume and page where recorded and different classes of 17
instruments may be recorded, reproduced,
or copied on or transferred to the same 18
or electronic file or part of a reel or disk. All recordings made prior to 19
June 28, 1961, which would have been valid under this paragraph, had this 20
paragraph then been in effect, are hereby
by this paragraph
. In this 21
subsection, "book", if automated recording or indexing equipment is used, includes 22
the meaning given under sub. (12) (d).
59.43 (1) (L) of the statutes is amended to read:
(L) File Record
all documents pertaining to security interests, as 25
defined in s. 401.201 (2) (t), that are required or authorized by law to be filed recorded
with the register. Except as otherwise prescribed by the department of financial 2
institutions under subch. V of ch. 409, these documents shall be executed in a manner 3
that satisfies the requirements set forth in sub. (2m) (b) 1. to 5.
59.43 (1) (n) of the statutes is amended to read:
(n) Upon the filing recording
of a financing statement or other 6
document evidencing the creation of a security interest, as defined in s. 401.201 (2) 7
(t), required to be filed or recorded with the register under s. 409.501 (1) (a), index 8
the statement or document in the real estate records index under sub. (9).
59.43 (2) (a) 2. of the statutes is amended to read:
(a) 2. Any instrument that is submitted for recording shall contain 11
a blank space at least 2.5 3
inches by 2.5 3
inches in size for use by the register of 12
deeds. If the space is not provided, the register of deeds may add a page for his or 13
her use and charge for the page a fee that is established by the county board not to 14
exceed an amount reasonably related to the actual and necessary cost of adding the 15
59.43 (2) (i) of the statutes is repealed.
59.43 (2m) (b) 5. of the statutes is amended to read:
(b) 5. The ink is black, blue,
or red, except that signatures and coded 19
notations on maps may be other colors.
59.43 (2m) (d) 2. of the statutes is repealed.
59.43 (2m) (d) 3. of the statutes is amended to read:
(d) 3. Filed or recorded
59.43 (9) (a) 1. g. of the statutes is amended to read:
(a) 1. g. Volume The document number, and if given on the
25instrument, the volume
and page where the instrument is recorded or filed.
236.25 (4) of the statutes is amended to read:
236.25 (4) Every Each
final plat entitled to be recorded under this section shall 3
be bound or filed by the register of deeds into properly indexed volumes or stored
4electronically in a plat index
. Any facsimile of the original whole record, made and 5
prepared by the register of deeds or under his or her direction shall be deemed to be 6
a true copy of the final plat.
236.34 (2) (a) of the statutes is amended to read:
(a) Certified survey maps prepared in accordance with subs. (1) and 9
(1m) shall be numbered consecutively by the register of deeds and shall be recorded 10
in a bound volume to be
kept in the register of deeds' office, known as the "Certified 11
Survey Maps of .... County", or stored electronically in the register of deeds office
236.45 (2) (am) (intro.) of the statutes is amended to read:
(am) (intro.) Ordinances under par. (ac) may include provisions 14
regulating divisions of land into parcels larger than 1 1/2 acres or divisions of land 15
into less than 5 parcels, and may prohibit the division of land in areas where such 16
prohibition will carry out the purposes of this section. Such ordinances shall make 17
applicable to such divisions all of the provisions of this chapter, or may provide other 18
surveying, monumenting, mapping and approving requirements for such division. 19
The governing body of the municipality, town, or county shall require that a plat of 20
such division be recorded with the register of deeds and kept in a book provided for 21
that purpose or stored electronically
. "COUNTY PLAT," "MUNICIPAL PLAT," or 22
"TOWN PLAT" shall be printed on the map in prominent letters with the location of 23
the land by government lot, recorded private claim, quarter-quarter section, section, 24
township, range, and county noted. When so recorded, the lots included in the plat 25
shall be described by reference to "COUNTY PLAT," "MUNICIPAL PLAT," or
"TOWN PLAT," the name of the plat and the lot and block in the plat, for all purposes, 2
including those of assessment, taxation, devise, descent, and conveyance as defined 3
in s. 706.01 (4). Such ordinance, insofar as it may apply to divisions of less than 5 4
parcels, shall not apply to:
703.11 (1) of the statutes is amended to read:
703.11 (1) To be filed for record.
When any condominium instruments are 7
recorded, the declarant shall file for record
a condominium plat to be recorded
in a 8
separate plat book maintained for condominium plats or stored electronically in the
9register of deeds office
779.97 (5) (a) and (b) of the statutes are amended to read:
(a) The fee for recording or
filing and indexing each notice of lien or 12
certificate or notice affecting the lien is the fee specified under s. 59.43 (2) (ag).
(b) The officer shall may
bill the district directors of internal revenue on a 14
monthly basis for fees for documents recorded or
filed by them.
867.045 (3) of the statutes is repealed.