LRB-1070/1
KRP:amn
2017 - 2018 LEGISLATURE
March 20, 2017 - Introduced by Representatives Ballweg, Allen, Berceau,
Brandtjen, E. Brooks, R. Brooks, Considine, Goyke, Horlacher, Krug,
Mason, Meyers, Mursau, Ripp, Skowronski, Spiros, Tauchen, Thiesfeldt and
Tusler, cosponsored by Senators Olsen,
Harsdorf, Marklein, Nass and
Wirch. Referred to Committee on Rural Development and Mining.
AB175,1,10
1An Act to repeal 59.76 (2);
to renumber 59.76 (1);
to renumber and amend
2236.34 (3);
to consolidate, renumber and amend 59.43 (9) (a) 1. a. and g. and
359.43 (9) (c) (intro.), 1. and 2.;
to amend 59.43 (1c) (k), 59.43 (9) (a) 2. c., 59.43
4(9) (b), 59.71 (3), 61.187 (2) (d), 69.64 (2), 70.25, 70.27 (5), 75.28 (2) (a), 84.095
5(3) (a), 84.095 (7) (a), 84.095 (8) (b), 185.82 (2) (c), 186.315, 228.05, 236.295 (2)
6(a), 321.61 (1) (f), 703.11 (2) (am), 703.275 (5), 706.05 (2) (c), 706.05 (2m) (a),
7706.085 (2) (a), 708.15 (1) (L) and 893.33 (2); and
to create 236.34 (3) (c) of the
8statutes;
relating to: identification and location information assigned to
9documents filed or recorded in the county register of deeds offices and
10registration of farm names by recording in the register of deeds office.
Analysis by the Legislative Reference Bureau
This bill changes the information that a county register of deeds must assign
to a document that is submitted for filing or recording. Under current law, certain
provisions of the statutes require a county register of deeds to assign to each
document a unique document number and a volume and page where the document
is located. The bill provides that a register of deeds may, but is not required to, assign
a volume and page number to each document. The bill also provides that the register
of deeds is only required to include volume and page number references in the index
of documents if the document is assigned a volume and page number.
The bill also eliminates certain penalties that apply to registrations of farm
names that are recorded in a county register of deeds office.
Finally, the bill provides that a condominium plat that is submitted to a county
register of deeds office for recording must contain a blank space at least three inches
by three inches in size in the upper right corner on the first sheet for recording use
by the register of deeds. Under current law, the recording space must be at least two
and five-tenths inches on each side.
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:
AB175,1
1Section
1. 59.43 (1c) (k) of the statutes is amended to read:
AB175,2,112
59.43
(1c) (k) Keep an index of all organizational documents of corporations,
3fraternal societies, religious organizations, associations
, and other entities, and all
4amendments of
such the documents, that are allowed or required by law to be filed
5or recorded in the register's office. The index shall
access the documents be
6accessible and searchable by the
names name of the
corporations corporation,
7fraternal
societies society, religious
organizations, associations and organization,
8association, or other
entities, entity and shall contain a reference to the document
9number
of the organizational document or
amendment and, if given on the
10document, the volume and page
number where the
documents are organizational
11document or amendment is filed or recorded in the register's office.
AB175,2
12Section
2. 59.43 (9) (a) 1. a. and g. of the statutes are consolidated, renumbered
1359.43 (9) (a) 1. am. and amended to read:
AB175,3,214
59.43
(9) (a) 1. am.
Number of
Document number assigned under sub. (1c) (f)
15to the instrument that is consecutive and unique within the record series
. g. The
1document number, and
, if given on the instrument, the volume and page where the
2instrument is recorded or filed.
AB175,3
3Section
3. 59.43 (9) (a) 2. c. of the statutes is amended to read:
AB175,3,64
59.43
(9) (a) 2. c. Document number
, or assigned to the instrument under sub.
5(1c) (f) and, if given on the instrument, the volume and page where the instrument
6is recorded or filed.
AB175,4
7Section
4. 59.43 (9) (b) of the statutes is amended to read:
AB175,3,148
59.43
(9) (b)
In the case of
With regard to assignments, satisfactions
,
and 9partial releases
of mortgages, and
subordination subordinations of mortgages, the
10index
under par. (a) shall also contain the document number
or of the original
11mortgage instrument and, if given on the original mortgage instrument, the volume
12and page
of where the original mortgage instrument
is recorded or filed whenever
13that the original mortgage instrument is referenced on the
document assignment,
14satisfaction, partial release, or subordination.
AB175,5
15Section
5. 59.43 (9) (c) (intro.), 1. and 2. of the statutes are consolidated,
16renumbered 59.43 (9) (c) and amended to read:
AB175,3,2317
59.43
(9) (c) With regard to affidavits of
corrections correction of
previously 18filed
or recorded documents, the register
of deeds shall include
at least one of the
19following notations on the
previously filed
or recorded document
: 1. The a notation
20of the document number of the affidavit of correction
. 2. The, the date when the
21affidavit of correction is filed or recorded, and, if the affidavit of correction is assigned
22a volume and page number, the volume and page
number where the affidavit of
23correction is filed
, or recorded
and the date when the affidavit is filed.
AB175,6
24Section
6. 59.71 (3) of the statutes is amended to read:
AB175,4,9
159.71
(3) The register of deeds shall enter an abstract of all eminent domain
2proceedings in the record maintained under sub. (2). The abstract shall
3substantially contain the facts as to the filing of a notice of lis pendens, the date of
4filing, the description, the court in which or the body before whom the proceeding is
5pending, the result of the proceedings, the action taken
, and the date
thereof of the
6action and
shall briefly state all of the essential facts of the proceeding. The index
7to the record shall be a practical index, with reference to the
number document
8numbers assigned and
page of, if volume and page numbers are assigned, the volume
9and page where
such the abstracts are
entered respectively filed or recorded.
AB175,7
10Section
7. 59.76 (1) of the statutes is renumbered 59.76.
AB175,8
11Section
8. 59.76 (2) of the statutes is repealed.
AB175,9
12Section
9. 61.187 (2) (d) of the statutes is amended to read:
AB175,5,213
61.187
(2) (d) If, in accordance with par. (a), the results of the election under
14sub. (1) provide for dissolution, the village clerk shall, within 10 days after the
15election, record the petition and determination of the village board of canvassers in
16the office of the register of deeds of the county or counties in which the village is
17located and file with the secretary of administration certified copies of the petition
18and the determination of inspectors of election. The village clerk shall also record
19in the office of the register of deeds a certificate by the village clerk showing the date
20on which the dissolution takes effect and file with the secretary of administration 4
21copies of the certificate. These documents shall be recorded and indexed by the
22register of deeds. The index shall include
the document number of the original
23documents and, if given on the original documents, the volume or reel
number and
24the page or image number
of where the original documents
are filed or recorded. The
1secretary of administration shall forward 2 copies of the certificate to the department
2of transportation and one to the department of revenue.
AB175,10
3Section
10. 69.64 (2) of the statutes is amended to read:
AB175,5,54
69.64
(2) The date,
the document number, and, if given, the volume and page
5number of the record
thereof
of the instrument of conveyance or sale.
AB175,11
6Section
11. 70.25 of the statutes is amended to read:
AB175,6,2
770.25 Lands, described on rolls. In all assessments and tax rolls in all
8advertisements, certificates, papers, conveyances
, or proceedings for the assessment
9and collection of taxes and in all related proceedings, except in tax bills, any
10descriptions of land
which that indicate the land intended with ordinary and
11reasonable certainty and
which that would be sufficient between grantor and
12grantee in an ordinary conveyance are sufficient. No description of land according
13to the United States survey is insufficient by reason of the omission of the word
14quarter or the figures or signs representing it in connection with the words or initial
15letters indicating any legal subdivision of lands according to government survey.
16Where a more complete description may not be practicable
, and the deed or a
17mortgage describing any piece of real property is recorded in the office of the register
18of deeds for the county, an abbreviated description including
the document number
19of the deed or mortgage or the volume and page where
the deed or mortgage is 20recorded, and the section, village
, or city where the property is situated, is sufficient.
21Where a more complete description may not be practicable, and the piece of property
22is described in any certificate, order
, or judgment of a court of record in the county,
23an abbreviated description including
the document number of the court record or the
24volume and page
of where the court record
where is recorded, and the section, village
,
1or city where the property is situated, is sufficient. Descriptions in property tax bills
2shall be as provided under s. 74.09 (3) (a).
AB175,12
3Section
12. 70.27 (5) of the statutes is amended to read:
AB175,7,74
70.27
(5) Surveys, reconciliations. The surveyor making the plat shall be a
5professional land surveyor licensed under ch. 443 and shall survey and lay out the
6boundaries of each parcel, street, alley, lane, roadway, or dedication to public or
7private use, according to the records of the register of deeds, and whatever evidence
8that may be available to show the intent of the buyer and seller, in the chronological
9order of their conveyance or dedication, and set temporary monuments to show the
10results of such survey which shall be made permanent upon recording of the plat as
11provided for in this section. The map shall be at a scale of not more than 100 feet per
12inch, unless waived in writing by the department of administration under s. 236.20
13(2) (L). The owners of record of lands in the plat shall be notified by certified letter
14mailed to their last-known
address addresses, in order that they shall have
15opportunity to examine the map, view the temporary monuments, and make known
16any disagreement with the boundaries as shown by the temporary monuments. It
17is the duty of the professional land surveyor making the plat to reconcile any
18discrepancies that may be revealed
, so that the plat as certified to the governing body
19is in conformity with the records of the register of deeds as nearly as is practicable.
20When boundary lines between adjacent parcels, as evidenced on the ground, are
21mutually agreed to in writing by the owners of record,
such those lines shall be the
22true boundaries for all purposes thereafter, even though they may vary from the
23metes and bounds descriptions previously of record. Such written agreements shall
24be recorded in the office of the register of deeds. On every assessor's plat, as certified
25to the governing body, shall appear the
volume, page, and document number of
the
1record and, if given on the record, the volume and page where the record is recorded
2for the record that contains the metes and bounds description of each parcel, as
3recorded in the office of the register of deeds, which shall be identified with the
4number by which such parcel is designated on the plat, except that
lots which have 5a lot that has been conveyed or otherwise acquired but upon which no deed is
6recorded in the office of register of deeds may be shown on an assessor's plat and
7when so shown shall contain a full metes and bounds description.
AB175,13
8Section
13. 75.28 (2) (a) of the statutes is amended to read:
AB175,7,179
75.28
(2) (a) The tax deed grantee or the assigns of the tax deed grantee may,
10at any time after the tax deed is issued and recorded, serve a notice on the owner of
11record of the original title
, stating that
he, she or they the grantee or assigns hold a
12tax deed on the land of the original owner and giving a description of the land so
13deeded and a reference to
the document number of the tax deed and, if a volume and
14page number is assigned, the volume and page where the tax deed is recorded. The
15notice shall be served in the same manner as a summons in a court of record or by
16registered mail, addressed to the owner of record. Proof of service of the notice shall
17be filed in the office of the clerk of the county in which the lands are situated.
AB175,14
18Section
14. 84.095 (3) (a) of the statutes is amended to read:
AB175,8,219
84.095
(3) (a) An order, resolution
, or plat filed or recorded under this section
20may be amended or vacated only by the entity that submitted the order, resolution
, 21or plat for filing or recording. Any amendment or vacation of an order, resolution
, 22or plat filed or recorded under this section may be filed or recorded. The office of the
23register of deeds shall make suitable notations on the plat affected by an amendment
24or vacation that is filed or recorded. The register of deeds shall number any
25amendments to a plat consecutively in the order filed or recorded and shall describe
1each amendment
as follows using the following information to the extent the
2information applies:
AB175,8,73
Amendment .... (number) of transportation project plat .... (project number),
4recorded in volume .... (number) of transportation project plats, page .... (number),
5as document .... (number), on .... (date), .... (county name) register of deeds, and
6located in .... (quarter section, section, township and range; recorded private claim;
7or federal reservation).
AB175,15
8Section
15. 84.095 (7) (a) of the statutes is amended to read:
AB175,8,129
84.095
(7) (a) Whenever a plat has been filed or recorded under this section,
10any parcel depicted in the plat that is required for a project by conveyance or eminent
11domain proceedings shall be described
as follows
using the following information to
12the extent the information applies:
AB175,8,1513
Parcel .... (number) of transportation project plat .... (project number), recorded
14in volume .... (number) of transportation project plats, page .... (number), as
15document .... (number), recorded in .... (county name), Wisconsin.
AB175,16
16Section
16. 84.095 (8) (b) of the statutes is amended to read:
AB175,8,2117
84.095
(8) (b) Within 3 working days after the date on which a plat is submitted
18for recording under this section, the register of deeds shall assign a document
19number and
, at the option of the register of deeds, a volume and page
of recording
20for where the plat
is recorded, and the register of deeds shall provide written notice
21of the recording information to the agency that submitted the plat.
AB175,17
22Section
17. 185.82 (2) (c) of the statutes is amended to read:
AB175,9,223
185.82
(2) (c) A register of deeds receiving a check and document forwarded
24under par. (b) shall record the document. If the document is not articles, the register
25of deeds shall note on the margin of the record of the articles
the document number
1and, if the document is assigned a volume and page number, the volume and page
2where the document is recorded.
AB175,18
3Section
18. 186.315 of the statutes is amended to read:
AB175,9,20
4186.315 Charter cancellation. Upon completion of a voluntary liquidation
5as provided in s. 186.18, or upon completion of the liquidation in cases under s.
6186.235 (11), or after the assets and liabilities of a credit union are transferred to
7another credit union for the purpose of merger as provided in s. 186.31 (3), the office
8of credit unions shall cancel the charter of the credit union liquidated or merged
9without any other or further notice to the credit union or to any person. A certified
10copy of the order or certificate of the office of credit unions shall be recorded with the
11register of deeds of the county in which the credit union is located. The register of
12deeds shall note on the margin of the record of the articles of incorporation of the
13credit union
the document number and, if the order or certificate is assigned a
14volume and page number, the volume and page where the order or certificate
15canceling
its the credit union's charter is recorded. In case of voluntary liquidation
16under s. 186.18 or merger under s. 186.31, the credit union shall record the order or
17certificate of the office of credit unions and pay the fee. In case of liquidation under
18s. 186.235 (11), the office of credit unions or special deputy shall record the order or
19certificate of the office of credit unions and pay the fee out of the assets of the credit
20union as an expense of liquidation.
AB175,19
21Section
19. 228.05 of the statutes is amended to read:
AB175,9,25
22228.05 Marginal references. The register of deeds of any county having a
23population of 500,000 or more who has copied a document by microphotography,
24microfilm, optical imaging
, or electronic formatting that is accepted by him or her for
25recording or filing shall also, as a substitute for marginal references required,
1prepare an index for documents of ancillary nature for which marginal references are
2required.
Such The register of deeds shall prepare and maintain the index for
3ancillary documents
shall be prepared and maintained to show the document
4number
or and, if given, the volume and page of the original recording or filing plus
5a record of any recordings or filings affecting or pertinent to
such the original
6recording or filing requiring marginal references subsequent to the date on which the
7county begins
such recording or recopying by microphotography, microfilm, optical
8imaging
, or electronic formatting.
AB175,20
9Section
20. 236.295 (2) (a) of the statutes is amended to read: