LRB-2254/2
MES:kjf:rs
2005 - 2006 LEGISLATURE
July 7, 2005 - Introduced by Representatives Molepske, M. Williams,
Montgomery, Vruwink, Wood, Gronemus, Jeskewitz, Parisi, Petrowski,
Ainsworth, Hahn, Davis, Staskunas, Sheridan, Krawczyk, Kreuser, Black,
Musser, Vos, Albers, Lothian, Seidel, Hines, Strachota, Hebl, Nelson,
Vrakas, Van Roy, Gundrum, Pettis, Gunderson, Townsend, Towns, Kreibich,
Loeffelholz, Sherman and Meyer, cosponsored by Senators Hansen, Decker
and Breske. Referred to Committee on Judiciary.
AB536,1,4
1An Act to amend 59.43 (1) (intro.); and
to create 59.43 (1m) of the statutes;
2relating to: prohibiting a register of deeds from recording certain instruments
3that contain more than a partial social security number and providing a
4penalty.
Analysis by the Legislative Reference Bureau
Generally under current law, a register of deeds is required to record in his or
her office any document that is authorized by law to be so recorded. Documents that
are recorded in a register of deeds' office include deeds, mortgages, real estate
conveyances, documents relating to certain security interests, and certain financial
documents. In addition, a register of deeds is required under current law to make
and deliver on demand, to any person who pays the required fees, a copy of any
record, paper, or file in the register's office.
Under this bill, a register of deeds may not record any instrument offered for
recording if the instrument contains more than the last four characters of the social
security number of an individual. If a register of deeds is presented with an
instrument that contains more than the last four characters of the social security
number of an individual and if the register of deeds records the instrument but does
not discover the error until after the instrument is recorded, the register of deeds
may not be held liable for the instrument drafter's placement of the social security
number on the instrument and the register of deeds may remove or obscure enough
of the social security number such that no more than the last four characters of the
number are discernable on the instrument.
Also under this bill, if a register of deeds records an instrument that contains
an entire social security number, the instrument drafter is liable to the individual
whose social security number appears in the instrument for damages of not more
than $5,000, plus actual damages.
The changes to current law made in the bill do not apply to federal tax liens.
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:
AB536, s. 1
1Section
1. 59.43 (1) (intro.) of the statutes is amended to read:
AB536,2,32
59.43
(1) Register of deeds; duties. (intro.)
The Subject to sub. (1m), the 3register of deeds shall:
AB536, s. 2
4Section
2. 59.43 (1m) of the statutes is created to read:
AB536,2,85
59.43
(1m) Restrictions on recording instruments with social security
6numbers. (a) Except as otherwise provided in this subsection, a register of deeds may
7not record any instrument offered for recording if the instrument contains more than
8the last 4 characters of the social security number of an individual.
AB536,2,179
(b) If a register of deeds is presented with an instrument for recording that
10contains more than the last 4 numbers of an individual's social security number, and
11if the register of deeds records the instrument but does not discover that the
12instrument contains more than the last 4 numbers of an individual's social security
13number until after the instrument is recorded, the register of deeds may not be held
14liable for the instrument drafter's placement of more than the last 4 numbers of an
15individual's social security number on the instrument and the register of deeds may
16remove or obscure characters from the social security number such that no more than
17the last 4 characters of the social security number are discernable on the instrument.
AB536,3,7
1(c) If a register of deeds records an instrument that contains the complete social
2security number of an individual, the instrument drafter is liable to the individual
3whose social security number appears in the recorded public document for damages
4of not more than $5,000, plus any actual damages resulting from the instrument
5being recorded. A person may not be held liable for actual damages under this
6paragraph unless the individual harmed paid or incurred any costs as a result of the
7instrument being recorded.
AB536,3,88
(d) Paragraphs (a) to (c) do not apply to a federal income tax lien.
AB536,3,1110
(1) This act first applies to to an instrument that is presented to a register of
11deeds for recording on the effective date of this subsection.
