1995 Wisconsin Act 201

59.42 (title) Corporation counsel.

201,325 Section 325 . 59.42 of the statutes is renumbered 59.40 (3) and amended to read:

59.40 (3) Clerk of court; fees; investment of funds. (a) The clerk of the circuit court shall collect the fees that are prescribed in ss. 814.60 to 814.63. The clerk may refuse to accept any paper for filing or recording until the fee prescribed in subch. II of ch. 814 or any applicable statute is paid.

(b) Except as provided in sub. (3) par. (c), the clerk may invest any funds that are paid into his or her office and which are being held for repayment. The investments shall be made in suitably protected accounts in the manner specified in s. 66.04 (2) and all income that may accrue shall be paid into the county general fund.

(c) A judge may direct that sub. (2) par. (b) does not apply to certain funds paid into the office. The judge's authority applies only to funds relating to cases before his or her court.

201,326 Section 326 . 59.43 (title) of the statutes is created to read:

59.43 (title) Register of deeds; duties, fees, deputies.

201,327 Section 327 . 59.43 (12) (title) of the statutes is created to read:

59.43 (12) (title) Destruction, transfer of documents; recording, indexing documents.

201,328 Section 328 . 59.45 (title) of the statutes is created to read:

59.45 (title) County surveyor; duties, deputies, fees.

201,329 Section 329 . 59.455 (title) of the statutes is renumbered 59.42 (2) (title) and amended to read:

59.42 (2) (title) Corporation counsel in special counties; appointment, dismissal and duties.

201,330 Section 330 . 59.455 of the statutes is renumbered 59.42 (2) (a) and amended to read:

59.42 (2) (a) In any a county with a population of 500,000 or more there is created the office of corporation counsel, and such deputy corporation counsels, assistants, stenographers and clerks at such salaries as are authorized by the county board of supervisors. The corporation counsel and deputy and assistant corporation counsels shall be attorneys at law licensed to practice in this state. All such offices and positions shall be in the classified civil service of the county except the corporation counsel, who is in the unclassified service. The corporation counsel shall be appointed by the county executive, with the concurrence of a majority of the board and shall not serve at the pleasure of the county executive. Any incumbent corporation counsel serving on August 1, 1990, shall retain that position and title until a new appointee is confirmed by the board. The corporation counsel may be dismissed at any time by the county executive with the concurrence of a majority of the members-elect of the board. The corporation counsel may also be dismissed at any time by a majority vote of the board. If the county executive vetoes an action by the board to dismiss the corporation counsel, the board may override the veto by a two-thirds vote of the members-elect of the board. The corporation counsel shall appoint deputies, assistants and clerical and stenographic help. Deputy corporation counsels shall have, according to their rank and seniority, the powers and duties of the corporation counsel in his or her absence or disability. The corporation counsel and deputy corporation counsels shall take and file the constitutional oath of office.

201,331 Section 331 . 59.456 (title) of the statutes is repealed.

201,332 Section 332 . 59.456 (intro.), (1) to (3) and (5) of the statutes are renumbered 59.42 (2) (b) (intro.) and 1. to 4. and amended to read:

59.42 (2) (b) (intro.) The duties of the corporation counsel and assistant corporation counsels shall be, without restriction limitation because of enumeration, to:

1. Prosecute and defend all civil actions, proceedings, applications and motions in any court, commission, board, tribunal or body in any jurisdiction of this or other states or of the nation in which the county or any board, commission, committee or officer thereof is interested or a party by virtue of such the office; and shall in like manner represent or assist in representing the state, or any commission, board, agency or tribunal of the state, in such civil actions or proceedings when requested to do so by the attorney general or when the district attorney of said the county is required by any statute to do so.

2. Give advice to the county board of supervisors, county park commission, county department under s. 46.215 or 46.22 and other departments, boards, commissions, committees, agencies or officers of the county, when requested, in all civil matters in which the county or state is interested or relating to the discharge of the official duties of such departments, boards, commissions, committees, agencies or officers; examine all claims against the county for officers', interpreters', witnesses' and jurors' fees in civil actions and examinations, when presented to the county board of supervisors, and report in writing thereto as to the liability of the county for any and all claims of whatever nature filed against it; and act as legislative counsel for the county board of supervisors when so authorized by it.

3. Serve as legal adviser to the county highway commissioner and county highway committee and, draw all papers required in the performance of their duties and attend to all civil legal matters in and out of court where such the commissioner or committee is a party or wherein the acquisition of lands for state or county highway purposes is concerned.

4. Perform all duties in connection with civil matters relating to the county or any agency, board, commission or officer thereof or to the state within said the county now or hereafter that are imposed by any statute upon the district attorney of such the county and for such purposes the term “district attorney" wherever it appears in the statutes relating to duties of a civil nature shall, with regard to counties containing a population of 500,000 or more, mean the corporation counsel. Opinions of the corporation counsel shall have the same force and effect as opinions of the district attorney except that in matters relating to elections the district attorney shall have the right of review. After May 17, 1957, the district attorney's powers and duties as to civil matters shall cease to the extent that they are herein or hereafter conferred upon the corporation counsel and the district attorney shall be relieved of the responsibility of performing such duties. The corporation counsel may request the attorney general to consult and advise with the corporation counsel in the same manner as district attorneys under s. 165.25 (3).

201,333 Section 333 . 59.457 of the statutes is renumbered 59.42 (3) and amended to read:

59.42 (3) Corporation counsel; attorney designee. In lieu of employing a corporation counsel under s. 59.07 (44) sub. (1) or in addition to employing a corporation counsel under s. 59.07 (44) or 59.455, a county sub. (1) or (2) (a), a board shall designate an attorney to perform the duties of a corporation counsel as the need arises. Two or more counties may jointly designate an attorney to perform the duties of a corporation counsel. If an attorney has been designated to perform the duties of a corporation counsel, that person may exercise any powers and perform any duties of the corporation counsel.

201,334 Section 334 . 59.458 of the statutes is renumbered 59.53 (6) and amended to read:

59.53 (6) Attorneys; support enforcement responsibility. (a) 1. Except as provided in par. (b) subd. 2., each county board shall employ or contract with attorneys to provide support enforcement. Sections 59.07 (44), 59.455 and 59.457 do Section 59.42 (1), (2) (a) and (3) does not preclude a county board from assigning these support enforcement duties to any attorney employed by the county.

2. If, on June 1, 1989, a county has 1.0 or more full-time equivalent attorney positions that have primary responsibility for handling cases described in sub. (2) par. (b), as determined by the district attorney of the prosecutorial unit, the county shall establish and maintain a support enforcement office consisting of support enforcement attorneys and office personnel. In counties having a population of less than 500,000, a county budget under s. 65.90 shall list the proposed appropriation under s. 65.90 (2) for the support enforcement office separate from any other office, department or activity. In counties having a population of 500,000 or more, a county budget shall treat a support enforcement office as a department, as defined in s. 59.84 59.60 (2) (a), separate from all other departments. If a county ceases to employ 1.0 or more full-time equivalent attorney positions in the office, the county may provide support enforcement under par. (a) subd. 1.

(b) Attorneys responsible for support enforcement under sub. (1) par. (a) shall institute, commence, appear in or perform other prescribed duties in actions or proceedings under sub. (5) and ss. 46.25 (7), 59.07 (97), 767.075, 767.08 and 767.45 and ch. 769.

(c) If the place of trial is changed to another county in any action or proceeding under sub. (2) par. (b), an attorney responsible for support enforcement under sub. (1) par. (a) shall continue to prosecute or defend the action or proceeding in the other county.

201,335 Section 335 . 59.50 of the statutes is renumbered 59.43 (3) and amended to read:

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.

201,336 Section 336 . Subchapter V (title) of chapter 59 [precedes 59.51] of the statutes is created to read:

Chapter 59

Subchapter V
Powers and duties of counties

201,337 Section 337 . 59.51 (title) of the statutes is created to read:

59.51 (title) Board powers.

201,338 Section 338 . 59.51 (intro.) of the statutes is renumbered 59.43 (1) (intro.).

201,339 Section 339 . 59.51 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 59.43 (1) (a) and amended to read:

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. Any county, by board 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. 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 pursuant to 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).

201,340 Section 340 . 59.51 (1m) to (10) of the statutes are renumbered 59.43 (1) (b) to (k) and amended to read:

59.43 (1) (b) Perform the duties that are related to vital statistics under ss. 69.05 and 69.07.

(c) State upon the record of any instrument the number and denomination of all United States internal revenue stamps, if any, that are affixed thereto and shall also state upon the record 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.

(d) Keep the several books and indexes hereinafter mentioned in this section in the manner required.

(e) Indorse Endorse upon each instrument or writing received by the register for record a certificate of the time when it was received, 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.

(f) Indorse 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.

(g) Safely keep and return to the party entitled thereto, on demand within a reasonable time, every instrument that is left with the register for record not required by law to be kept in the register's office.

(h) Register, file and index as directed by law, all marriages contracted, deaths and births occurring in the county.

(i) Make and deliver to any person, on demand and upon payment of the legal required fees therefor, a certified copy duly certified, with the register's official seal affixed, of any record, paper, file, map or plat in the register's office.

(j) File and safely keep in the register's office all of the records, documents and papers of any post of the Grand Army of the Republic and of any historical society in the register's county.

(k) Keep a book and record therein in that book all certificates of organization of corporations, and all amendments thereof of such certificates that are filed or required by law 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.

201,341 Section 341 . 59.51 (11) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 59.43 (1) (L) and amended to read:

59.43 (1) (L) File all documents pertaining to security interests in personal property, crops or fixtures that are required or authorized by law to be filed with the register. Except as otherwise prescribed by the department of financial institutions pursuant to under ss. 409.403 to 409.406, these documents shall be executed on white or light colored sheets of paper, 8 or 8-1/2 8.5 inches wide and 5, 7, 10-1/2 10.5 or 14 inches long. Whenever there is offered for filing any document that varies more than one-eighth of an inch from the approved size, or that is not on a standard form prescribed by the department of financial institutions, then in addition to the regular filing fee an additional filing fee shall be charged by the register of deeds, as prescribed by s. 59.57 sub. (2). No assignment, release or other instrument shall be offered for filing that is executed or endorsed on any other document, but each shall be a separate and distinct document, except those assignments or notices that are printed or written on and immediately following the original agreement or financing statement, offered for filing at the same time, shall be considered as one document. All of these documents shall be legibly written, and shall have the names of the debtor and secured party plainly printed or typed on the document and shall provide a space for filing data of the register of deeds on the outside of the document.

201,342 Section 342 . 59.51 (12) to (13) of the statutes are renumbered 59.43 (1) and (m) to (o) and amended to read:

59.43 (1) (m) Keep these chattel documents in consecutive numerical arrangement, for the inspection of all persons, indorsing endorsing on each document the document number and the date and time of reception.

(n) Upon the filing of a financing statement or other document evidencing the creation of a security interest in personal property or fixtures or in crops growing or to be grown, enter the name of each debtor alphabetically in indices, of which each page shall be divided into columns which shall contain the following information: Number 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.

(o) 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 indices referred to in sub. (12m) par. (n) and on the same line as that on which the entry of the filed financing statement or other chattel security document appears.

201,343 Section 343 . 59.51 (14), (14m) and (14s) of the statutes are renumbered 59.43 (12) (a) to (c) and amended to read:

59.43 (12) (a) The county board of any county may, upon request of the register of deeds, authorize the destruction of all obsolete documents pertaining to chattels antedating by 6 years, including final books of entry.

(b) A county board may, upon request of the register of deeds, authorize the destruction of all documents pertaining to town mutual insurance companies that were formerly required to be filed under ch. 202, 1971 stats., and that under s. 612.81 no longer have to be filed and all documents pertaining to stock corporations that were formerly required to be recorded under ch. 180, 1987 stats., and that under ch ch. 180 no longer have to be recorded. At least 60 days prior to the proposed destruction, the register of deeds shall notify in writing the state historical society which may order delivery to it of any records of historical interest. The state historical society may, upon application, waive the notice.

(c) Notwithstanding this section, subsection, sub. (1) and ss. 16.61 (3) (e), 19.21 (1) and (5) and 59.715 to 59.717 59.52 (4), the county board may authorize the transfer of the custody of all records maintained by the register of deeds under s. 342.20 (4), 1979 stats., to the department of transportation.

201,344 Section 344 . 59.51 (15) of the statutes is renumbered 59.43 (1) (p) and amended to read:

59.43 (1) (p) Perform all other duties that are required of the register of deeds by law.

201,345 Section 345 . 59.51 (16) of the statutes is renumbered 59.43 (12) (d) and amended to read:

59.43 (12) (d) In any a county where the board has established a system of recording and indexing by means of electronic data processing, machine printed forms or optical disk storage, the process of typing, key punching keypunching, other automated machines or optical imaging may be used to replace any handwritten entry or endorsement as described in this section subsection or in sub. (1). The various documents and indexes may also be combined into a general document file with one numbering sequence and one index at any time. The term “book" as used in this section In this subsection and in sub. (1), “book", if automated equipment is used, may include forms, tab or computer printed sheets as well as cards and other supply forms which although processed separately may be bound after preparation.

201,346 Section 346 . 59.51 (17) to (21) of the statutes are renumbered 59.43 (1) (q) to (u), and 59.43 (1) (q), (s) and (u), as renumbered, are amended to read:

59.43 (1) (q) Record and index writings that are submitted according to s. 144.44 (4) (b), evidencing that a solid or hazardous waste disposal facility will be established on the particular parcel described in the writings.

(s) Record and index statements of claim and perform the other duties specified under s. 706.057 (7).

(u) Submit that portion of recording fees collected under s. 59.57 (1) (a) 2. or 3. and (6a) (b) or (c) sub. (2) (ag) 1. and (e) and not retained by the county to the land information board under s. 59.88 59.72 (5).

201,347 Section 347 . 59.512 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 59.43 (4) and amended to read:

59.43 (4) Register of deeds; microfilming and optical disk and electronic storage. (a) Except as provided in sub. (2) par. (b), upon the request of the register of deeds, any county, by board resolution, may authorize the register of deeds to photograph, microfilm or record on optical disks or in electronic format records of deeds, mortgages or other instruments relating to real property or may authorize the register of deeds to record on optical disks or in electronic format instruments relating to security interests in accordance with the requirements of s. 16.61 (7) or 59.145 59.52 (14) and to store the original records within the county at a place designated by the board. The storage place for the original records shall be reasonably safe and shall provide for the preservation of the records authorized to be stored under this subsection paragraph. The register of deeds shall keep a photograph, microfilm or optical disk or electronic copy of such records in conveniently accessible files in his or her office and shall provide for examination of such reproduction or examination of a copy generated from an optical disk or electronic file in enlarged, easily readable form upon request. Compliance with this subsection paragraph satisfies the requirement of s. 59.51 sub. (1) (a) that the register of deeds shall keep such records in his or her office. The register of deeds may make certified copies reproduced from an authorized photograph, from a copy generated from optical disk or electronic storage or from the original records.

(b) The register of deeds may microfilm or record on optical disks or in electronic format notices of lis pendens that are at least one year old, in accordance with the requirements of s. 16.61 (7) or 59.145 (2) to (4) 59.52 (14) (b) to (d). The register of deeds shall keep a microfilm or optical disk or electronic copy of notices of lis pendens in conveniently accessible files in his or her office and shall provide for examination of such reproduction or examination of a copy generated from optical disk or electronic storage in enlarged, easily readable form upon request. Compliance with this subsection paragraph satisfies the requirement of s. 59.51 sub. (1) (a) that the register of deeds shall keep such records in his or her office. The register of deeds may make certified copies reproduced from a copy generated from microfilm or from optical disk or electronic storage. The register of deeds may destroy or move to off-site storage any notice of lis pendens that has been microfilmed or recorded on optical disk or in electronic format under this subsection paragraph.

201,348 Section 348 . 59.513 of the statutes is renumbered 59.43 (5) and amended to read:

59.43 (5) Including name of person drafting instrument. (a) No instrument by which the title to real estate, or any interest therein or lien thereon, is conveyed, created, encumbered, assigned or otherwise disposed of, shall be recorded by the register of deeds unless the name of the person who, or governmental agency which, drafted such instrument is printed, typewritten, stamped or written thereon in a legible manner. An instrument complies with this section subsection if it contains a statement in the following form: “This instrument was drafted by .... (name) ....".

(b) Subsection (1) Paragraph (a) does not apply to an instrument executed before May 9, 1957, or to:

1. A decree, order, judgment or writ of any a court.

2. A will or a death certificate.

3. An instrument that is executed or acknowledged outside of this state.

201,349 Section 349 . 59.514 of the statutes is renumbered 59.43 (7) and amended to read:

59.43 (7) Including tax key or parcel identification number. (a) In counties having with a population of 500,000 or more where tax key numbers are used in the tax roll for taxes based on the value of property in cities, villages or towns 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 number affected. The tax key number shall be required for the recording of the conveyance.

(b) In counties having with a population of less than 500,000 where parcel identification numbers are used in the tax roll for taxes based on the value of property in cities, villages or towns 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 parcel identification number affected if the county in which the parcel is located enacts an ordinance that requires the use of such a number in a conveyance. The parcel identification number shall be required for the recording of the conveyance, for administrative purposes only, if the county enacts an ordinance under this subsection paragraph.

201,350 Section 350 . 59.515 of the statutes is renumbered 59.43 (6) and amended to read:

59.43 (6) Effect of certain omissions in registers' records. The validity and effect of the record of any instrument in the office of register of deeds shall not be lessened or impaired by the fact that the name of any grantor, grantee, witness or notary was not printed or typed on the instrument or by the fact that it does not comply with s. 59.513 sub. (5).

201,351 Section 351 . 59.516 of the statutes is renumbered 59.43 (8) and amended to read:

59.43 (8) Required signature and seal on survey document for filing or recording. It is unlawful for the register of deeds of any county or any proper public authority to file or record any a map, plat, survey or other document within the definition of land surveying, which does not have impressed thereon, and affixed thereto, the personal signature and seal of a registered land surveyor under whose responsible charge the map, plat, survey or other document was prepared. This section subsection does not apply to any deed, contract or other recordable document prepared by an attorney.

201,352 Section 352 . 59.517 of the statutes, as created by 1995 Wisconsin Act 110, section 1, is renumbered 59.43 (2m).

201,353 Section 353 . 59.517 (4) (a) of the statutes, as affected by 1995 Wisconsin Act 110, section 1m, is renumbered 59.43 (2m) (d) 1.

201,354 Section 354 . 59.52 (title) of the statutes is created to read:

59.52 (title) County administration.

201,355 Section 355 . 59.52 of the statutes is renumbered 59.43 (9) and amended to read: