59.43(9)(a)2.
2. The register of deeds shall make correct entries in the index of every instrument or writing received by the register for record, under the respective and appropriate heads, entering the names of the grantors in alphabetical order; and the register shall immediately upon the receipt of any instrument or writing for record enter in the appropriate column, and in the order of time in which it was received, the day, hour and minute of reception; and the same shall be considered as recorded at the time so noted. Wherever a register has made an entry in any index that is required by law to be kept in the register's office, in the index column provided for describing the land affected by the instrument indexed, stating "see record," "see deed," "see mortgage," or other instrument, as the case may be, that entry shall be a sufficient reference to the record of the instrument referred to if it is in fact recorded at large in the place so referred to.
59.43(9)(b)
(b) Whenever a board has established a system of recording and indexing documents by means of electronic data processing, machine printed forms or cards or optical imaging, general alphabetic and numerical indexes without prebound books may be substituted for daily alphabetic and numerical indexes under this subsection or for the index under
sub. (10).
59.43(10)(a)(a) Each register of deeds shall keep an index of all records or files kept in the register's office showing the number of the instrument or writing consecutively, the kind of instrument and where the instrument or writing is recorded or filed, arranged in 3 columns, headed "Number of the instrument", "Kind of instrument" and "Where the instrument is recorded or filed". The 3rd column shall be subdivided into 3 subcolumns headed "Volume", "Page" and "Letters of file".
59.43(10)(b)
(b) Each register of deeds shall also keep another index showing the number of the instrument, the names of the grantees in each instrument or writing in alphabetical order, the names of the grantors, the volume and page where the instrument or writing is recorded and the name of the instrument or writing.
59.43(11)
(11) Record of attachments, lis pendens, etc. A register of deeds shall file or record, and index, every writ of attachment or certified copy of such a writ and certificate of real estate attached, every certificate of sale of real estate, and every notice of the pendency of 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:
59.43(11)(a)
(a) Access by the names of each party plaintiff and each party defendant.
59.43(11)(b)
(b) The date and time when the document was filed or recorded.
59.43(11)(c)
(c) The volume or reel number and the page or image number of the document.
59.43(12)
(12) Destruction, transfer of documents; recording, indexing documents. 59.43(12)(a)(a) The 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.
59.43(12)(b)
(b) A 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. 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.
59.43(12)(d)
(d) In 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, keypunching, other automated machines or optical imaging may be used to replace any handwritten entry or endorsement as described in this 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. 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.
59.43(12m)
(12m) Tract index system; power to alter. 59.43(12m)(a)(a) The 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 board:
59.43(12m)(a)1.
1. Suitable books, ruled and arranged so that opposite to the description of each quarter section, sectional lot, city, 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.
59.43(12m)(a)2.
2. An electronic data processing system or a system of machine-printed forms or cards.
59.43(12m)(a)3.
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
subd. 1.
59.43(12m)(b)
(b) No index established under
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.
59.43(12m)(bm)
(bm) In any county with a population of 500,000 or more, the board may, by resolution, adopt a more complete system of tract indices than that above specified, or a system of chain of title indices, if the system 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 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, thereafter maintain and keep up the same; and, thereafter shall discontinue all other tract indices theretofore in use or maintained.
59.43(12m)(c)
(c) If a system of tract indices or a system of chain of title indices is adopted by the board 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.
59.43(12m)(d)1.1. The county board of any county may at any meeting, by resolution, authorize a plan for a new and corrected set of tract indices and order new tract indices arranged and compiled according to the plan whenever, in the judgment of the board, any existing tract index or indices become unfit for use, because of any of the following:
59.43(12m)(d)1.b.
b. An imperfection in or insufficiency of the plan of the existing tract index or indices.
59.43(12m)(d)1.c.
c. The existing tract index or indices having become worn, overcrowded, unserviceable or unreliable for any reason.
59.43(12m)(d)2.
2. The board may purchase suitable books for the new tract indices and may receive bids and contract with any competent person to [the] prepare the new tract indices, at a price not exceeding 5 cents per folio, which shall be paid out of the county treasury on acceptance of the new tract indices by the board.
59.43(12m)(d)3.
3. The person contracting to [the] prepare the new tract indices, 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 of deeds' office and other county records [the].
59.43(12m)(d)4.
4. When the new tract indices are completed and [the] approved and adopted by the board, the old tract indices shall be preserved as provided in
s. 59.52 (3) (b). The resolutions of the board ordering, approving and adopting the new tract indices, duly certified by the clerk, shall be recorded in each volume of the new tract indices; and thereupon the [the] new tract indices shall become and be the only lawful tract indices in the register of deeds' office.
59.43 Note
NOTE: Par. (d) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed language was inserted by
1995 Wis. Act 201 and rendered surplusage by the treatment of this provision by
1995 Wis. Act 225. Corrective legislation is pending.
59.43 History
History: 1995 a. 201 ss.
326,
327,
335,
338 to
353,
355,
361,
367,
369,
375,
377 to
380,
382 to
384;
1995 a. 225 ss.
159,
160,
162;
1995 a. 227; s. 13.93 (2) (c).
59.43 Cross-reference
Cross-reference: See s.
779.97 for fees for filing federal liens and releases of liens.
59.43 Annotation
See s. 14.38 (14) for requirement that certain corporate documents must bear the name of the drafter of the instrument before it may be filed by the secretary of state.
59.43 Annotation
The express powers to appoint and discharge deputies under this section are separate from those of the county and not subject to a collective bargaining agreement entered into by the county. Crawford County v. WERC, 177 W (2d) 66, 501 NW (2d) 836 (Ct. App. 1993).
59.43 Annotation
Crawford County v. WERC is restricted to its facts. Deputized employes, apart from the chief deputy, are exempt from the terms of collective bargaining agreements only to the extent that they are managerial or supervisory employes. Eau Claire County v. AFSCME Local 2223, 190 W (2d) 298, 526 NW (2d) 802 (Ct. App. 1994).
59.43 Annotation
Register of deeds does not have authority to correct original recording of deed made by predecessor. 61 Atty. Gen. 189.
59.43 Annotation
Section 59.513 [now s. 59.43 (5)] does not apply unless the instrument affects real estate in the manner described in the statute. 63 Atty. Gen. 594.
59.43 Annotation
In a county maintaining a tract index system, the register of deeds must enter into the index any deed, mortgage or other instrument recorded in his office which affects title to or mentions an indexed tract or any part thereof. 63 Atty. Gen. 254.
59.43 Annotation
Registers of deeds have no obligation to file or record "common-law liens" or "common-law writs of attachment". 69 Atty. Gen. 58.
59.44
59.44
County abstractor; appointment; duties; fees. 59.44(1)(a)(a) Except as provided under
par. (b), whenever any county adopts a tract index system or any recognized chain of title system, the board 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 the board considers advisable. The county board may appoint a competent person for a term of 2 years, who shall be known as the county abstractor, and shall have charge of and operate the abstract department. The board shall furnish a seal for the abstractor, who shall place the seal on every abstract issued by the abstractor.
59.44 Note
NOTE: Par. (a) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
59.44(1)(b)
(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 board unless the board, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under
s. 59.52 (8) or
ch. 63.
59.44(2)
(2) The register of deeds shall be eligible to hold the office of county abstractor and may hold both offices at the same time.
59.44(3)
(3) The county abstractor shall make and deliver to any person an abstract of title to any land in the county, upon the payment of the required fee.
59.44(4)
(4) The 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.
59.44(5)
(5) The board may by two-thirds vote of all the members of the board discontinue furnishing abstracts.
59.44 History
History: 1985 a. 29;
1991 a. 316;
1995 a. 201 s.
387; Stats. 1995 s. 59.44;
1995 a. 225 s.
163; s. 13.93 (2) (c).
59.45
59.45
County surveyor; duties, deputies, fees. 59.45(1)(a)(a) The county surveyor shall do all of the following:
59.45(1)(a)1.
1. Execute, personally or by a deputy, all surveys that are required by the county or by a court. Surveys for individuals or corporations may be executed at the county surveyor's discretion.
59.45(1)(a)2.
2. Make, personally or by a deputy, a record, in books or on drawings and plats that are kept for that purpose, of all corners that are set and the manner of fixing the 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 arrange or index the record so it is an easy to use reference and file and preserve in the office the original field notes and calculation thereof. 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 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.
59.45(1)(a)3.
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 required fees.
59.45(1)(a)4.
4. Administer to every survey assistant engaged in any survey, before commencing their duties, an oath or affirmation to faithfully and impartially discharge the duties of survey assistant, and the deputies are empowered to administer the same.
59.45(1)(a)5.
5. Perform all other duties that are required by law.
59.45(1)(b)
(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 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.
59.45(2)
(2) Surveyor; deputies. The county surveyor may appoint and remove deputies at will on filing a certificate thereof with the clerk.
59.45(3)
(3) Surveyor; fees. In addition to the regular fees of land surveyors that are received from the parties employing the county surveyor, the county surveyor may receive a salary from the county.
59.45 History
History: 1995 a. 201 ss.
328,
389,
391,
399.
59.45 Annotation
Compensation and duties of elected county surveyor discussed. Possible conflict of interest in public contracts. 60 Atty. Gen. 134.
59.45 Annotation
Duties of county and other land surveyors and minimum standards for property surveys discussed. 69 Atty. Gen. 160.
59.46
59.46
Penalty for nonfeasance. Any county surveyor, any city, village or town engineer, or any land surveyor who fails or refuses to perform any duty required of that person by law shall forfeit not less than $25 nor more than $50 for each such failure or refusal.
59.46 History
History: 1991 a. 316;
1993 a. 246;
1995 a. 201 s.
401; Stats. 1995 s. 59.46.
59.47
59.47
County auditors; powers; duties. 59.47(1)
(1) In every county the clerk shall act as auditor, unless a separate office of county auditor is created as provided in
sub. (2), and, when directed by resolution of the board, shall examine the books and accounts of any county officer, board, commission, committee, trustees or other officer or employe entrusted with the receipt, custody or expenditure of money, or by or on whose certificate any funds appropriated by the board are authorized to be expended, whether compensated for services by fees or by salary, and all original bills and vouchers on which moneys have been paid out and all receipts of moneys received by them. The clerk shall have free access to such books, accounts, bills, vouchers and receipts as often as may be necessary to perform the duties required under this subsection and he or she shall report in writing the results of the examinations to the board.
59.47(2)
(2) The board by resolution may create a separate office of county auditor and may fix the compensation of the auditor. The auditor shall perform the duties and have all of the powers conferred upon the clerk as auditor by
sub. (1), and shall perform such additional duties and shall have such additional powers as are imposed and conferred upon him or her from time to time by resolution adopted by the board.
59.47(3)
(3) If a county auditor's office is created under
sub. (2), the chairperson of the board shall appoint a person known to be skilled in matters of public finance and accounting to act as county auditor. The appointment shall be made under
ss. 63.01 to
63.17 and shall be subject to confirmation by the board. The auditor shall direct the keeping of all of the accounts of the county, in all of its offices, departments and institutions, and shall keep books of account necessary to properly perform the duties of the office. The auditor's salary and the amount of the official bond shall be fixed by the board. The auditor shall perform all duties pertaining to the office, have all of the powers and perform the duties in
sub. (1) and perform other duties imposed by the board.
59.47(4)
(4) The board by resolution may authorize a county auditor appointed under
sub. (3) to appoint a deputy auditor under
ss. 63.01 to
63.17 to aid him or her in the discharge of the duties of his or her office, and who, in the absence or disability of the county auditor, or in case of a vacancy in said office, shall perform all the duties of the office of county auditor until such vacancy is filled, or disability is removed. Such deputy shall execute and file an official bond in the same amount as that given by the county auditor.
59.47 History
History: 1977 c. 265,
305,
447;
1983 a. 192;
1995 a. 201 s.
420; Stats. 1995 s. 59.47.
59.47 Annotation
This section's effect on county bookkeeping and auditing discussed. 67 Atty. Gen. 248.
59.48
59.48
County assessor. The county executive elected under
s. 59.17 or the county administrator elected or appointed under
s. 59.18 shall appoint a county assessor as prescribed in and subject to the limitations of
s. 70.99, approve the hiring of the assessor's staff as prescribed in that section and otherwise comply with that section. In counties with neither a county executive nor a county administrator the appointment of the county assessor shall be the duty of the chairperson of the board subject to the approval of the board and subject to the limitations of
s. 70.99. The hiring of the assessor's staff shall be the duty of the county assessor subject to the limitations of
s. 70.99.
59.48 History
History: 1995 a. 201 s.
171.
POWERS AND DUTIES OF COUNTIES
59.51
59.51
Board powers. 59.51(1)(1)
Organizational or administrative powers. The board of each county shall have the authority to exercise any organizational or administrative power, subject only to the constitution and any enactment of the legislature which grants the organizational or administrative power to a county executive or county administrator or to a person supervised by a county executive or county administrator or any enactment which is of statewide concern and which uniformly affects every county. Any organizational or administrative power conferred under this subchapter shall be in addition to all other grants. A county board may exercise any organizational or administrative power under this subchapter without limitation because of enumeration, and these powers shall be broadly and liberally construed and limited only by express language.
59.51(2)
(2) General authority. The board may represent the county, have the management of the business and concerns of the county in all cases where no other provision is made, apportion and levy taxes and appropriate money to carry into effect any of the board's powers and duties.
59.51 History
History: 1995 a. 201 ss.
110,
116,
337.
59.52
59.52
County administration. 59.52(1)
(1)
Department of administration.
