SB639: Bill Text

SB639,196,21 59.43 (11) Record of attachments, lis pendens, etc. (intro.) Each A register of deeds shall file or record, and index, every writ of attachment or certified copy thereof of such a writ and certificate of real estate attached, every certificate of sale of real estate, and every notice of the pendency of any an action affecting real estate, which may be filed or recorded in the register's office. The register of deeds shall maintain an index for these documents that provides all of the following:

SB639, s. 368 Section 368. 59.55 (title) of the statutes is created to read:

SB639,196,23 59.55 (title) Consumer protection.

SB639, s. 369 Section 369. 59.55 of the statutes is renumbered 59.43 (12m), and 59.43 (12m) (a) (intro.), 1. and 3., (b), (bm), (c) and (d), as renumbered, are amended to read:

SB639,197,3 59.43 (12m) (a) (intro.) The county board by ordinance may require the register of deeds to keep a tract index in any one of the following forms, as specified by the county board:

SB639,197,13 1. Suitable books, so ruled and arranged so that opposite to the description of each quarter section, sectional lot, town, city or, village or town lot or other subdivision of land in the county, which a convenient arrangement may require to be noted, there shall be a blank space of at least 40 square inches in which the register shall enter in ink the letter or numeral indicating each volume, and the class of records of that volume designating mortgages by the letter M, deeds by the letter D, and miscellaneous by the abbreviation Mis., and the register of attachments, sales and notices by the letter R, together with the page of that volume upon which any deed, mortgage or other instrument affecting the title to or mentioning a tract or any part thereof has been recorded or entered.

SB639,197,16 3. Any other system that will allow the register of deeds to keep a tract index which contains information substantially equivalent to the information required to be contained in the tract index system under par. (a) subd. 1.

SB639,197,20 (b) No index established under sub. (1) par. (a) may be discontinued, unless the county establishing the index adopts, keeps and maintains a complete abstract of title to the real estate in the county as a part of the records of the office of the register of deeds of that county.

SB639,198,10 (bm) In any county having with a population of 500,000 or more, the county board of supervisors may, by resolution, adopt a more complete system of tract indices than that above specified, or a system of chain of title indices, provided such if the system be is clearly specified in such resolution; and may thereafter at any time before the completion of such system alter or change such system or add to the same by resolution clearly specifying such alterations, changes or additions. In the event of such adoption, said board of supervisors may contract, with any suitable person, to compile and complete such system of indices, and may make supplemental contracts for the compilation and completion of such alterations, changes and additions, and may levy such taxes as may be required to cover the cost of so doing; said register of deeds shall not be required to compile, install or complete such system of indices or such alterations, changes or additions, but shall after the same be so completed under such contract, or contracts of such board of supervisors, thereafter maintain and keep up the same; and, thereafter shall discontinue all other tract indices theretofore in use or maintained.

SB639,198,24 (c) If a system of tract indices or of a system of chain of title indices is adopted by the county board of supervisors by resolution, and if the resolution provides that the index shall include an abstract or notation of any proceeding or proceedings pending, of any instruments or documents filed or entered in the office of the clerk of any court of the county, the circuit court or the register of probate or of any inclusion of property in a tax certificate issued under s. 74.57, and calls for a daily report to be made to the register of deeds of the county by any officer in charge of such proceedings, instruments or documents, each office so called upon by the resolution to make a daily report, shall, upon the close of business on each day report, in writing, under his or her hand, to the register of deeds, any and all proceedings, instruments and documents and tax certificates called for by the resolution, and the register shall, when required to maintain and keep up the system of indices, note all the proceedings, instruments and documents and tax certificates upon the indices, in accordance with the resolution.

SB639,199,18 (d) Whenever in the judgment of the county board of any county any existing tract index or indices become unfit for use, because of mistake therein or of imperfection in or insufficiency of plan, or because of becoming worn, overcrowded, or unserviceable or unreliable for any reason the county board may at any meeting thereof, by resolution, order a new and corrected set of tract indices arranged and compiled according to such plan as it may authorize, and in that behalf may purchase suitable books and receive bids and contract with any competent person to do said the work, at a price not exceeding five cents per folio, which shall be paid out of the county treasury on acceptance of said the work by the county board. The person contracting to do said the work, and the person's assistants, shall have access to and be entitled to the use of the old tract indices and other records in the register's office and other county records; and when said the work is completed and said the new tract indices are approved and adopted by the county board, the old tract indices shall be preserved as provided in s. 59.71 (2) 59.52 (3) (b). The resolutions of the county board ordering, approving, and adopting such the new tract indices, duly certified by the county clerk, shall be recorded in each volume of such the new tract indices; and thereupon the same shall become and be the only lawful tract indices in the register's office.

SB639, s. 370 Section 370. 59.56 (title) of the statutes is created to read:

SB639,199,20 59.56 (title) Cultural affairs; education; recreation.

SB639, s. 371 Section 371. 59.56 of the statutes is renumbered 59.71 and amended to read:

SB639,200,21 59.71 (title) Special counties; record of changes in streets, alleys, etc record keeping. In counties having with a population of two hundred and fifty thousand 250,000 or more according to the last state or United States census, and when the county board has prepared and compiled in book form an eminent domain record containing an abstract of facts relating to the laying out, widening, extending or vacating any street, alley, water channel, park, highway or other public place by any court, legislature, county board, common council, village board or town board and shall make an order that such records with an index thereto be thereafter maintained and kept up, and provide a suitable book for that purpose, the register of deeds shall thereafter maintain and keep such book in which shall be entered an abstract of all proceedings relating to the laying out, widening, extending or vacating any street, alley, water channel, park, highway or other public place by any court, county board, common council, village board or town board. Such abstract shall substantially contain the facts as to the filing of a notice of lis pendens, the date of filing, the description, the court in which or the body before whom the proceeding is pending, the result of the proceedings, the action taken and the date thereof and briefly all the essential facts of any such proceeding, and such records shall have a practical index, with reference to the number and page of the volume where such abstracts are entered respectively. The abstracts and records to be kept by the register of deeds shall be certified by the register to be true and correct and when so certified shall be prima facie evidence of the facts therein recited and shall be received in all courts and places with the same effect as the original proceedings; and the record so prepared and compiled by the county board shall be prima facie evidence of the facts therein recited and shall also be received in all courts and places with the same effect as the original proceedings.

SB639, s. 372 Section 372. 59.56 (10) (intro.) of the statutes is created to read:

SB639,200,23 59.56 (10) (intro.) The board may:

SB639, s. 373 Section 373. 59.56 (12) (intro.) of the statutes is created to read:

SB639,200,25 59.56 (12) (intro.) Subject to sub. (12m), the board:

SB639, s. 374 Section 374. 59.57 (title) of the statutes is created to read:

SB639,201,2 59.57 (title) Economic and industrial development.

SB639, s. 375 Section 375. 59.57 (intro.) of the statutes is renumbered 59.43 (2) (intro.).

SB639, s. 376 Section 376. 59.57 (1) (a) 1. and 2. of the statutes are repealed.

SB639, s. 377 Section 377. 59.57 (1) (a) 3. and (c) of the statutes are renumbered 59.43 (2) (ag) 1. and 2. and amended to read:

SB639,201,11 59.43 (2) (ag) 1. After June 30, 1991, and subject to s. 59.88 59.72 (5), for recording any instrument entitled to be recorded in the office of the register of deeds, $10 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. 181.68 (1) (b) or (e) or 185.83 (1) (b).

SB639,201,13 2. In the event of conflict in the statutes regarding recording fees, par. (a) subd. 1. shall control.

SB639, s. 378 Section 378. 59.57 (1m) of the statutes, as created by 1995 Wisconsin Act 124, is renumbered 59.43 (2) (ar).

SB639, s. 379 Section 379. 59.57 (4) and (5) of the statutes are renumbered 59.43 (2) (b) and (c) and amended to read:

SB639,201,21 59.43 (2) (b) For copies of any records or papers, $2 for the first page plus $1 for each additional page, plus 25 cents for the certificate of the register of deeds, except that the department of revenue is exempt from the fees under this subsection paragraph.

SB639,202,3 (c) Notwithstanding any other provision of law the register of deeds with the approval and consent of the county board may enter into contracts with municipalities, private corporations, associations, and other persons to provide noncertified copies of the complete daily recordings and filings of documents pertaining to real property for a consideration to be determined by the county board which in no event shall be less than cost of labor and material plus a reasonable allowance for plant and depreciation of equipment used.

SB639, s. 380 Section 380. 59.57 (6) of the statutes, as affected by 1995 Wisconsin Act 27, section 3298b, is renumbered 59.43 (2) (d) and amended to read:

SB639,202,15 59.43 (2) (d) For performing functions under s. 409.407 (1) and (2) (a) and (b), the register shall charge the fees stated in s. 409.407 (2) (a) or (b). A financing statement and an assignment or notice of assignment of the security interest, offered for filing at the same time, shall be considered as only one document for the purpose of this subsection paragraph. Whenever there is offered for filing any document that is not on a standard form prescribed by the department of financial institutions or that varies more than one-eighth of an 0.125 inch from the approved size as prescribed by s. 59.51 sub. (1), the appropriate fee specified in ss. 409.403 to 409.406 or an additional filing fee of one-half the regular fee, whichever is applicable, shall be charged by the register.

SB639, s. 381 Section 381. 59.57 (6a) (a) and (b) of the statutes are repealed.

SB639, s. 382 Section 382. 59.57 (6a) (c), (7), (9), (10), (10m) and (12) of the statutes are renumbered 59.43 (2) (e) to (j) and amended to read:

SB639,202,21 59.43 (2) (e) After June 30, 1991, and subject to s. 59.88 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, $10 for the first page and $2 for each additional page.

SB639,202,23 (f) Fees The fees for processing vital records or for issuing copies of vital records shall be as provided in s. 69.22.

SB639,202,25 (g) For making a new tract index upon the order of the board, the amount that is fixed by the board, to be paid from the county treasury.

SB639,203,4 (h) For recording plats containing from one to fifty 50 lots, twenty-five dollars $25, and for each additional lot, ten cents, except cemetery plats, containing from one to two hundred 200 lots or fractional part thereof, twenty-five dollars $25, and for each additional two hundred 200 lots or fractional part thereof, five dollars $5.

SB639,203,6 (i) For recording certificates and for preparing and mailing documents under s. 867.045 or 867.046, $25.

SB639,203,10 (j) All fees under this section subsection shall be payable in advance by the party procuring the services of the register of deeds, except that the fees for the services performed for a state department, board or commission shall be invoiced monthly to such department, board or commission.

SB639, s. 383 Section 383. 59.57 (12a) (a) of the statutes, as affected by 1995 Wisconsin Act 110, section 2, is renumbered 59.43 (2) (a) 1. and amended to read:

SB639,203,14 59.43 (2) (a) 1. In this section subsection, "page" means one side of a single sheet of paper.

SB639, s. 384 Section 384. 59.57 (12a) (b) of the statutes is renumbered 59.43 (2) (a) 2. and amended to read:

SB639,203,21 59.43 (2) (a) 2. Any instrument that is submitted for recording shall contain a blank space at least 2.5 inches by 2.5 inches in size for use by the register of deeds. If the space is not provided, the register of deeds may add a page for his or her use and charge for the page a fee that is established by the county board not to exceed an amount reasonably related to the actual and necessary cost of adding the page.

SB639, s. 385 Section 385. 59.575 of the statutes is renumbered 59.535 (1) and amended to read:

SB639,204,3 59.535 (1) Certifications and filings for veterans; no charge. (a) The term In this subsection, "veteran" as used in this section means "veteran" as defined has the meaning given in s. 45.37 (1a).

SB639,204,16 (b) No fee shall be charged by any register of deeds, clerk of circuit court or any other public officer, either state, county or local, having custody of statistical records, for the making and certifying of copies, or examining proofs of any public record or instrument, required for or in connection with, the filing of any claim or application with the U.S. department of veterans affairs or any other federal agency, or to any state agency, or to the regularly established agency of any state, for benefits under federal or state laws, by a veteran or by any dependent of a veteran, when certified proof is required in connection with any claim or application for benefits, under federal or state laws, to which such veteran, or a dependent of a veteran, either living or dead, may be required to file, except, that in the counties where the register of deeds or clerk of circuit court is under the fee system and not a fixed salary, the usual fee for such service shall be paid by the county to the proper officer. The provisions of this section subsection shall supersede any provision of law in conflict therewith.

SB639, s. 386 Section 386. 59.58 (title) of the statutes is created to read:

SB639,204,18 59.58 (title) Transportation.

SB639, s. 387 Section 387. 59.58 of the statutes is renumbered 59.44 and amended to read:

SB639,205,3 59.44 County abstractor; appointment; duties; fees. (1) (a) Except as provided under par. (b), whenever any county adopts a tract index system or any recognized chain of title system, the county board thereof may create a department to be known as an abstract department, either in connection with or independent of the office of the register of deeds, as said county board deems considers advisable and may appoint a competent person for a term of two 2 years, who shall be known as the county abstractor, and shall have charge of and operate said abstract department. The board shall furnish a seal for said abstractor, who shall place said seal on each and every abstract issued by the abstractor.

SB639,205,10 (b) In any county with a county executive or a county administrator, if the county creates an abstract department under par. (a), the county executive or county administrator shall appoint and supervise the county abstractor. Such appointment shall be subject to confirmation by the county board unless the county board, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.07 (20) 59.52 (8) or ch. 63.

SB639,205,12 (2) The register of deeds shall be eligible to hold the office of county abstractor and may hold both offices at the same time.

SB639,205,15 (3) The county abstractor shall at all times on demand of any person, and on payment of the fee therefor, make and deliver to any such person an abstract of title to any land in such the county, upon the payment of the required fee.

SB639,205,21 (4) The county board shall fix the salary of said abstractor, provide such clerical assistance as may be necessary and fix their compensation and shall fix the fees to be received for the compiling and furnishing of abstracts and may at any time prescribe regulations for the operation and conduct of said department. All fees received for the compiling and furnishing of abstracts shall be paid into the county treasury.

SB639,205,23 (5) The county board may by two-thirds vote of all the members of said the board discontinue the furnishing of abstracts.

SB639, s. 388 Section 388. 59.58 (1) (intro.) of the statutes is created to read:

SB639,205,25 59.58 (1) (intro.) The board may:

SB639, s. 389 Section 389. 59.59 of the statutes is renumbered 59.45 (2) and amended to read:

SB639,206,4 59.45 (2) Surveyor; deputies. The county surveyor may appoint and remove deputies at will on filing a certificate thereof with the county clerk.

SB639, s. 390 Section 390. Subchapter VI (title) of chapter 59 [precedes 59.60] of the statutes is created to read:

SB639,206,7 Chapter 59

SB639,206,9 Subchapter VI Finance and budget

SB639, s. 391 Section 391. 59.60 of the statutes is renumbered 59.45 (1) and amended to read:

SB639,206,13 59.45 (1) Surveyor; duties. (a) The county surveyor shall do all of the following:

SB639,206,16 1. Execute, personally or by a deputy, all surveys that are required by the county or by any a court. Surveys for individuals or corporations may be executed at the county surveyor's discretion.

SB639,207,4 2. Make, personally or by a deputy, a record, in books or on drawings and plats that are kept therefor for that purpose, of all corners that are set and the manner of fixing the same corners and of all bearings and the distances of all courses run, of each survey made personally, by deputies or by other land surveyors and so arrange or index the same as to be record so it is an easy of to use reference and file and preserve in the office the original field notes and calculation thereof ; and within, Within 60 days after completing any survey, the county surveyor shall make a true and correct copy of the foregoing record, in record books or on reproducible papers to be furnished by the county and kept in file in the office of the county surveyor to be provided by the county. In a county having with a population of 500,000 or more where there is no county surveyor, a copy of the record shall also be filed in the office of the regional planning commission which acts in the capacity of county surveyor for the county.

SB639,207,6 3. Furnish a copy of any record, plat or paper in the office to any person on demand and upon payment to the county of the legal fees therefor required fees.

SB639,207,10 4. Administer to every survey assistant engaged in any survey, before commencing their duties, an oath or affirmation to faithfully and impartially to discharge the duties of survey assistant, and the surveyor and deputies are empowered to administer the same.

SB639,207,11 5. Perform such all other duties as that are required by law.

SB639,207,18 (b) Surveys for individuals or corporations may be performed by any land surveyor who is employed by the parties requiring the services, providing that within 60 days after completing any survey the land surveyor files a true and correct copy of the survey in the office of the county surveyor. In counties having with a population of 500,000 or more the copy shall be filed in the office of the register of deeds and in the office of the regional planning commission which acts in the capacity of county surveyor for the county.

SB639, s. 392 Section 392. 59.61 (title) of the statutes is created to read:

SB639,207,20 59.61 (title) Financial transactions.

SB639, s. 393 Section 393. 59.61 of the statutes is renumbered 59.73 (1) and amended to read:

SB639,208,3 59.73 (1) How bearings expressed in surveys. In all surveys the bearings shall be expressed with reference to a magnetic, true or other identifiable line of the public land survey, recorded subdivision or to the Wisconsin coordinate system. In all cases the reference selected shall be so noted as set forth in s. 59.60 (1) (b) 59.45 (1) (a) 2. and if magnetic must be retraceable and identifiable by reference to a monumented line.

SB639, s. 394 Section 394. 59.62 of the statutes is renumbered 59.73 (2) and amended to read:

SB639,208,12 59.73 (2) Subdividing sections. Whenever a surveyor is required to subdivide a section or smaller subdivision of land established by the United States survey, the surveyor shall proceed according to the statutes of the United States and the rules and regulations made by the secretary of the interior in conformity thereto to the federal statutes. While so engaged a surveyor and the surveyor's assistants shall not be liable as a trespasser and shall be liable only for any actual damage done to land or property.

SB639, s. 395 Section 395. 59.63 of the statutes is renumbered 59.74 (1) and amended to read:

SB639,209,7 59.74 (1) Relocation and perpetuation of section corners and division lines. (a) If a majority of all the resident landowners in any section of land within this state desire to establish, relocate or perpetuate any section or other corner of any section, or in the same section a division line of the section, they may make a formal application in writing to the circuit judge for the county in which the land is situated. The circuit judge shall file the application in his or her court and shall within a reasonable time give at least 10 days' notice in writing to the owners of all adjoining lands, if those owners reside in the county where the land is situated and if not, by publication of a class 3 notice, under ch. 985, stating the day and hour when the circuit judge will consider and pass upon such application. The circuit judge shall hear all interested parties and approve or reject the application at that time. If the application is approved, the county clerk shall notify the county surveyor who shall within a reasonable time proceed to make the required survey and location. If a corner is to be perpetuated, the surveyor shall deposit in the proper place a stone or other equally durable material of the dimensions and in the manner and with the markings provided under s. 60.84 (3) (c), and shall also erect witness monuments as provided under s. 59.635 sub. (2). The surveyor shall be paid the cost of the perpetuation from the general fund of the county.

SB639,209,12 (b) All expense and cost of the publication of the notice and of said the survey and perpetuation shall be apportioned by the county clerk among the several pieces or parcels of land in said the section upon the basis of the area surveyed and,shall be included by the clerk in the next tax roll and shall be collected in the same manner as other taxes are collected.

SB639, s. 396 Section 396. 59.635 (title), (1) to (5), (5m), (6) to (8), (10) and (11) of the statutes are renumbered 59.74 (2) (title) and (a) to (k) and amended to read:

SB639,209,24 59.74 (2) (title) Perpetuation of landmarks. (a) 1. No landmark, monument, corner post of the government survey or survey made by the county surveyor or survey of public record may be destroyed, removed, or covered by any material that will make the landmark, monument, or corner post inaccessible for use, without first having erected witness or reference monuments as provided in par. (b) subd. 2. for the purpose of identifying the location of the landmark and making a certified copy of the field notes of the survey setting forth all the particulars of the location of the landmark with relation to the reference or witness monuments so that its location can be determined after its destruction or removal. The certified copy of the field notes shall be filed as provided under sub. (2) (b) par. (b) 2.

SB639,210,9 2. Witness monuments shall be made of durable material of, including cement, natural stone, iron or other equally durable material, except wood. If iron pipe monuments are used, they shall be made of 2 inch or more galvanized iron pipe not less than 30 inches in length having an iron or brass cap fastened to the top and marked with a cross cut on the top of the cap where the point of measurement is taken. If witness monuments are made of cement, stone or similar material, they shall be not less than 30 inches in length nor less than 5 inches in diameter along the shortest diagonal marked on the top with a cross where the point of measurement is taken.

SB639,211,2 (b) 1. Whenever it becomes necessary to destroy, remove or cover up in such a way that will make it inaccessible for use, any landmark, monument of survey, or corner post within the meaning of this section subsection, the person including employes of governmental agencies who intend to commit such act shall serve written notice at least 30 days prior to the act upon the county surveyor of the county within which the landmark is located. Notice shall also be served upon the city, village or town municipality's engineer if the landmark is located within the corporate limits of a municipality. The notice shall include a description of the landmark, monument of survey or corner post and the reason for removing or covering it. In this subsection paragraph, removal of a landmark includes the removal of railroad track by the owner of the track. In a county having a population of less than 500,000 where there is no county surveyor, notice shall be served upon the county clerk. In a county having with a population of 500,000 or more where there is no county surveyor, notice shall be served upon the executive director of the regional planning commission which acts in the capacity of county surveyor for the county. Notwithstanding sub. (3) par. (c), upon receipt of the notice the county clerk shall appoint a registered land surveyor to perform the duties of a county surveyor under par. (b) subd. 2.

SB639,211,25 2. The county surveyor or executive director of the regional planning commission, upon receipt of notice under par. (a) subd. 1., shall within a period of not to exceed 30 working days, either personally or by a deputy, or by the city, village or town municipality's engineer make an inspection of the landmark, and, if he or she deems considers it necessary because of the public interests interest to erect witness monuments to the landmark, he or she shall erect 4 or more witness monuments or, if within a municipality, may make 2 or more offset marks at places near the landmark and where they will not be disturbed. The county surveyor shall make a survey and field notes giving a description of the landmark and the witness monuments or offset marks, stating the material and size of the witness monuments and locating the offset marks, the horizontal distance and courses in terms of the references set forth in s. 59.60 (1) (b) 59.45 (1) (a) 2. that the witness monuments bear from the landmark and, also, of each witness monument to all of the other witness monuments. The county surveyor may also make notes as to such other objects, natural or artificial, that will enable anyone to locate the position of the landmark. The county surveyor upon completing the survey shall make a certified copy of the field notes of the survey and record it as provided under s. 59.60 59.45 (1). The city, village or town municipality's engineer upon completing the survey shall record the notes in his or her office, open to the inspection of the public, and shall file a true and correct copy with the county surveyor. In a county having with a population of 500,000 or more, the certified copy of the field notes of the survey shall be filed in the office of the regional planning commission which acts in the capacity of county surveyor for the county.

SB639,212,6 (c) In those counties where there are no county surveyors a petition can be made to the county board by any resident of this state requesting the board to appoint a land surveyor to act in the capacity of the county surveyor. The county board, upon receipt of this petition, shall appoint a land surveyor to act in the capacity of the county surveyor. In counties having with a population of 500,000 or more, the county board may appoint a governmental agency to act in the capacity of county surveyor.

SB639,212,9 (d) The cost of the work of perpetuating the evidence of any landmark under the scope of this section subsection shall be borne by the county or counties proportionally, in which said landmark is located.

SB639,212,14 (e) 1. Except as provided in par. (b) subd. 2., any person who removes, destroys or makes inaccessible any landmark, monument of survey, corner post of government survey, survey made by the county surveyor or survey of public record without first complying with this section subsection shall be fined not to exceed $1,000 or imprisoned in the county jail for not more than one year.