Registers of deeds, transportation project plats, and providing a penalty, the official text

2025 - 2026 LEGISLATURE
LRB-1580/1
EVM:skw&wlj

2025 ASSEMBLY BILL 445
September 19, 2025 - Introduced by Representatives Krug, Kaufert, Knodl, Miresse, Murphy, Mursau, Novak, O'Connor, Piwowarczyk, Snodgrass, Subeck, Tittl, VanderMeer, Wichgers, Kirsch, Fitzgerald and Behnke, cosponsored by Senators James and Nass. Referred to Committee on Local Government.

An Act to repeal 59.43 (1c) (j), 59.43 (1c) (L) to (s), 59.43 (1c) (v), 59.43 (2) (a), 59.43 (2) (ag) 2., 59.43 (2) (ar), 59.43 (2) (d) and (e), 59.43 (2) (k), 59.43 (2m) (a) 2., 59.43 (2m) (a) 4. a. to c., 59.43 (2m) (b) (intro.), 59.43 (2m) (d), 59.43 (4) (b), 59.43 (5) (title), 59.43 (5) (b) 4., 59.43 (9) (b) and (c), 59.43 (11), 59.43 (12) (d), 84.095 (1) (f) and 236.25 (5); to renumber 59.43 (2m) (b) 1., 59.43 (2m) (b) 2., 59.43 (2m) (b) 5., 59.43 (2m) (b) 6., 59.43 (2m) (b) 7., 59.43 (5) (b) 1. and 84.095 (1) (a); to renumber and amend 59.43 (2) (ag) 1., 59.43 (2) (c), 59.43 (2) (j), 59.43 (2m) (a) 4. (intro.), 59.43 (2m) (b) 3., 59.43 (2m) (b) 4., 59.43 (2m) (e), 59.43 (4) (a), 59.43 (4) (c), 59.43 (4) (d), 59.43 (5) (b) 3., 59.43 (6), 59.43 (9) (a) and 59.43 (9) (d); to consolidate, renumber and amend 59.43 (5) (a) and (b) (intro.); to amend 54.19 (8), 59.43 (1c) (intro.), 59.43 (1c) (a), 59.43 (1c) (c), 59.43 (1c) (d), 59.43 (1c) (e), 59.43 (1c) (f), 59.43 (1c) (h), 59.43 (1c) (i), 59.43 (1c) (k), 59.43 (1c) (t), 59.43 (1c) (u), 59.43 (1g), 59.43 (1m) (title), 59.43 (1m) (a),
59.43 (1m) (b), 59.43 (1m) (c), 59.43 (1m) (cm), 59.43 (2) (b), 59.43 (2) (h), 59.43 (2m) (title), 59.43 (2m) (a) (intro.), 59.43 (2m) (a) 1., 59.43 (2m) (a) 3., 59.43 (2m) (c), 59.43 (8), 59.43 (12) (title), 59.43 (12m) (a) (intro.), 59.43 (12m) (a) 1., 59.43 (12m) (a) 2., 59.43 (12m) (a) 3., 59.72 (5) (a), 59.72 (5) (b) (intro.), 59.72 (6), 66.1025 (2) (b), 69.07 (3), 77.02 (3) (b), 77.91 (5), 84.095 (1) (c), 84.095 (2) (title), 84.095 (2) (a), 84.095 (2) (b) 1., 84.095 (2) (b) 2., 84.095 (3) (a), 84.095 (3) (b), 84.095 (4) (a) (intro.), 84.095 (5), 84.095 (6) (a), 84.095 (7) (a), 84.095 (8) (a), 84.095 (8) (b), 84.095 (9), 132.04 (3), 185.82 (1) (c), 187.09, 226.14 (1) (b), 236.25 (2) (a), 236.25 (4), 236.34 (2) (a), 236.45 (2) (am) (intro.), 703.065 (2), 703.163 (11), 706.05 (1), 706.05 (2) (intro.), 706.05 (2) (c), 706.05 (2m) (a), 706.05 (5), 706.05 (6), 706.05 (7), 706.057 (4), 706.08 (2), 706.08 (4) (b), 706.08 (5), 706.08 (7), 710.25 (3), 710.25 (4), 710.25 (5) (a) (intro.), 710.25 (5) (a) 3., 710.25 (5) (a) 4., 710.25 (5) (b), 766.56 (2) (a), 766.58 (11), 766.59 (2) (c), 766.59 (4), 779.97 (1) (b), 779.97 (2) (title), 779.97 (2) (a), 779.97 (2) (b), 779.97 (2) (c) (intro.), 779.97 (2) (c) 4., 779.97 (3), 779.97 (4) (title), 779.97 (4) (a) (intro.), 779.97 (4) (a) 2., 779.97 (4) (c) 1., 779.97 (4) (c) 2., 779.97 (4) (e), 779.97 (8), 786.36 (2), 840.10 (1) (a), 841.10 (1), 842.14 (5), 867.045 (1) (j), 867.046 (2) (i), 893.305 (3) (a) and 946.82 (4); to repeal and recreate 59.43 (1b), 59.43 (1c) (g), 59.43 (2) (title), 59.43 (2m) (a) 5., 59.43 (3) (title) and 59.43 (9) (title); to create 59.43 (1c) (jm), 59.43 (2g) (title), 59.43 (2m) (a) 4m., 59.43 (2m) (a) 10., 59.43 (2m) (a) 11., 59.43 (2m) (a) 12., 59.43 (2m) (bm), 59.43 (2s), 59.43 (10) (title), 59.43 (13), 59.43 (14), 84.095 (1) (ae), 939.32 (1) (em), 946.77 and
971.368 of the statutes; relating to: registers of deeds, transportation project plats, and providing a penalty.

Analysis by the Legislative Reference Bureau
This bill makes various changes to the statutes governing the duties of a county register of deeds. Most of the changes clarify existing provisions or modernize or make minor changes to current statutory language. Most of these changes have no or very minor substantive effect. Several provisions of the bill, however, have greater substantive effect. These changes include the following:
1. Requires that a recorded document affecting real property identify the subject real property using one of several specified manners of land description.
2. Requires that a document recorded by the register include the date and time of recording. Current law requires that such a document include the date and time the document was received by the register.
3. Requires that a recorded document that references a previously recorded or filed document contain the document number of the referenced document.
4. Requires that a recorded assignment, partial release, or satisfaction relate to no more than one mortgage.
5. Includes requirements related to recording documents containing marked scrivener’s errors or corrections.
6. Prohibits recording documents that the register determines are not authorized to be recorded or that are being recorded for an unauthorized purpose.
7. Specifies certain format requirements for recorded documents, including the font size used on a document, the quality of images on a document, and the legibility of the names on a document.
8. Clarifies that a document substantially complies with recording format requirements if the document satisfies most of the format requirements specified in the statutes and recording the document will not impair the register’s ability to accurately record, reproduce, or index the document.
9. Eliminates exceptions to the format requirements for documents certified by governmental units, filed documents, and certain tax lien forms.
10. Changes the fee for recording a transportation plat from $25 to $30.
11. Allows a register to include, in a contract for copies of the register’s daily recording related to real property, a requirement that the contractor protect the identity and integrity of records obtained and a prohibition from selling or disseminating copies or images or data of the copies. Current law provides that a register may enter into these contracts but does not specify any contractual provisions.
12. Provides that any person who knowingly provides to a register for recording any false or forged document relating to a conveyance is guilty of a Class I felony.
13. Eliminates certain notices, including notice of certification of the recording of a common law trust and written notice of recording of a transportation plat.
14. Eliminates requirements related to the maintenance of specified bound volumes.
15. Defines “page” for the purpose of calculating the fees a register may charge for providing copies of documents.
16. Prohibits the recording of court documents that are not certified as the original document or a true and accurate copy of the document by the clerk of courts or register of probate of the county in which the court from which the document originated is located.
17. Allows a person to submit a copy of the most recent property tax bill for purposes of obtaining evidence of certain property interests of a decedent. Under current law, a person may obtain evidence that certain property interests of a decedent have been terminated by providing information to the register of deeds of the county in which the property is located. Currently, to obtain evidence that a decedent’s property interests in real property have been terminated, a person must submit to the register of deeds a copy of the property tax bill for the year preceding the year of the decedent’s death.
18. Requires a person to provide adequate postage as a condition of having documents left with the register of deeds returned or delivered to another person.
19. Allows the register of deeds to prohibit or otherwise limit the use of electronic devices in any area under the authority of the register of deeds.
The bill also changes requirements related to plats prepared as part of certain transportation projects. Under current law, a political subdivision or the Department of Transportation may submit certain transportation orders or resolutions in the form of a plat filed or recorded with the register of deeds. Current law specifies that such a plat must be a single sheet or a detail and a title sheet. This bill provides that such a plat may be up to four sheets of which the first must be a detail sheet and any others must be accompanying sheets.
Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.
For further information see the 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:

Section 1. 54.19 (8) of the statutes is amended to read:
54.19 (8) File, Record with the register of deeds of any county in which the ward possesses real property of which the guardian has actual knowledge, a sworn
and notarized statement that specifies the legal description of the property, the date that the ward is determined to be incompetent, and the name, address, and telephone number of the ward’s guardian and any surety on the guardian’s bond.
Section 2. 59.43 (1b) of the statutes is repealed and recreated to read:
59.43 (1b) Definition. In this section, “legal description” means the description under sub. (2s) (a).
Section 3. 59.43 (1c) (intro.) of the statutes is amended to read:
59.43 (1c) Register of deeds; duties Duties. (intro.) Subject to sub. (1m), the register of deeds shall do all of the following:
Section 4. 59.43 (1c) (a) of the statutes is amended to read:
59.43 (1c) (a) Record or cause to be recorded in suitable books to be kept in his or her office, correctly and legibly all deeds, mortgages, instruments, and writings documents submitted to the register of deeds that are authorized by law to be recorded in his or her office and left with him or her for that purpose, provided the documents have plainly printed or typewritten on the document the names of the grantors, grantees, witnesses, and notary. The register of deeds shall record or file or cause to be recorded or filed all plats and certified survey maps that are authorized to be accepted for recording or filing in his or her office. Any county, by a resolution 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 may be produced. 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 under ch. 228 may substitute the headings, reel, disc, 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, disc, or electronic file or part of a reel or disc. All recordings made prior to June 28, 1961, that would have been valid under this paragraph, had this paragraph then been in effect, are validated by this paragraph with the register of deeds.
Section 5. 59.43 (1c) (c) of the statutes is amended to read:
59.43 (1c) (c) State upon the record of any conveyance of real estate Subject to s. 77.22, indicate on conveyances 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.
Section 6. 59.43 (1c) (d) of the statutes is amended to read:
59.43 (1c) (d) Keep safely permanently and maintain the documents, books, images of recorded documents, and indexes mentioned in this section and in s. 84.095 in the manner required.
Section 7. 59.43 (1c) (e) of the statutes is amended to read:
59.43 (1c) (e) Endorse upon each instrument or writing received document recorded by the register for record a certificate of of deeds the date and time, hour, and minute when it was received, specifying the day, hour and minute of reception, which shall be evidence of such facts. Instruments recorded. The register of deeds shall be recorded record each document under this paragraph in the order in which
they are it is received. An endorsement under this paragraph is evidence of the date, hour, and minute that the document was recorded.
Section 8. 59.43 (1c) (f) of the statutes is amended to read:
59.43 (1c) (f) Endorse plainly on each instrument document recorded by the register of deeds a unique number consecutive to the number assigned to the immediately previously recorded or filed instrument, such that all numbers are unique for each instrument within a group of public records that are kept together as a unit and relate to a particular subject document in its series.
Section 9. 59.43 (1c) (g) of the statutes is repealed and recreated to read:
59.43 (1c) (g) Except as provided in any agreement with the submitter, upon provision by the submitter of adequate postage, deliver to any person indicated as an authorized recipient by the submitter documents left with the register of deeds for recording.
Section 10. 59.43 (1c) (h) of the statutes is amended to read:
59.43 (1c) (h) Register, file and index File with the state vital record system all marriages contracted, deaths and births occurring in the county, and domestic partnership terminations presented to the register of deeds for filing.
Section 11. 59.43 (1c) (i) of the statutes is amended to read:
59.43 (1c) (i) Make and deliver to any person, on demand and upon payment of the required fees, a copy or a certified copy, with the register’s official seal of the register of deeds affixed, of any record, paper, file, map or plat recorded document in the register’s office of the register of deeds.
Section 12. 59.43 (1c) (j) of the statutes is repealed.

Section 13. 59.43 (1c) (jm) of the statutes is created to read: