Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB872 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 872
5	5	January 5, 2024 - Introduced by Senators BALLWEG and JAMES, cosponsored by
6	6	Representatives NOVAK, TRANEL, O'CONNOR, ROZAR, SUBECK and MELOTIK.
7	7	Referred to Committee on Government Operations.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to amend 16.967 (7) (am) 2., 16.967 (7) (b), 16.967 (7m) (b), 59.43 (2) (ag)
10	10	1., 59.43 (2) (e), 59.72 (5) (a) and 59.72 (5) (b) (intro.) of the statutes; relating
11	11	to: fees for recording and filing instruments with the registers of deeds; the
12	12	portion of such fees used for the land information program; and the minimum
13	13	state grant amounts under the program.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill increases the general recording and filing fees charged by county
16	16	registers of deeds, increases the amount of the fees that counties must submit to the
17	17	Department of Administration for the land information program, and increases the
18	18	minimum grant amount DOA may award to counties for education and training
19	19	grants under the program.
20	20	Under current law, DOA directs and supervises the land information program
21	21	and serves as a state clearinghouse for access to land information. Under the land
22	22	information program, DOA provides technical assistance to state agencies and local
23	23	governmental units with land information responsibilities, reviews and approves
24	24	county plans for land records modernization, and provides aids to counties, derived
25	25	from recording fee revenues collected by counties, for land records modernization
26	26	projects.
27	27	Under current law, counties collect fees for recording or filing instruments that
28	28	are recorded or filed with a register of deeds. Currently, the general fee for recording
29	29	or filing an instrument is $30. Currently, a county must submit $15 of each $30
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36	36	SENATE BILL 872
37	37	recording fee to DOA for the land information program, but the county may retain
38	38	$8 of the amount it would have been required to submit to DOA if the county meets
39	39	certain requirements, including establishing a land information office and council
40	40	and using the retained fees to develop, implement, and maintain a DOA-approved
41	41	countywide plan for land records modernization on the Internet.
42	42	The bill increases the general recording and filing fee from $30 to $45. The bill
43	43	also increases the amount of each fee that a county must submit to DOA from $15
44	44	to $30 and increases the amount the county may retain from $8 to $15 if the current
45	45	law requirements are met.
46	46	Under current law, DOA awards land information system base budget grants
47	47	to counties to enable county land information offices to develop, maintain, and
48	48	operate basic land information systems. Currently, the minimum amount of a grant
49	49	is $100,000 less the amount of certain fees retained by the county in the preceding
50	50	fiscal year. The bill increases that base amount to $175,000 less the retained fees.
51	51	Under current law, DOA may award a grant under the land information
52	52	program to any county in an amount not less than $1,000 per year to be used for the
53	53	training and education of county employees for the design, development, and
54	54	implementation of a land information system. The bill increases the minimum
55	55	training and education grant amount from $1,000 to $5,000.
56	56	For further information see the state and local fiscal estimate, which will be
57	57	printed as an appendix to this bill.
58	58	The people of the state of Wisconsin, represented in senate and assembly, do
59	59	enact as follows:
60	60	SECTION 1. 16.967 (7) (am) 2. of the statutes is amended to read:
61	61	16.967 (7) (am) 2. The minimum amount of a grant under this paragraph is
62	62	determined by subtracting the amount of fees that the county retained under s. 59.72
63	63	(5) (b) in the preceding fiscal year from $100,000 $175,000. The department is not
64	64	required to award a grant to a county that retained at least $100,000 $175,000 in fees
65	65	under s. 59.72 (5) (b) in the preceding fiscal year.
66	66	SECTION 2. 16.967 (7) (b) of the statutes is amended to read:
67	67	16.967 (7) (b) In addition to any other grant received awarded under this
68	68	subsection, the department may award a grant to any county in an amount not less
69	69	than $1,000 $5,000 per year to be used for the training and education of county
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82	82	SECTION 2
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84	84	employees for the design, development, and implementation of a land information
85	85	system.
86	86	SECTION 3. 16.967 (7m) (b) of the statutes is amended to read:
87	87	16.967 (7m) (b) If the department determines that a county has violated s.
88	88	59.72, the department shall suspend the eligibility of the county to receive grants
89	89	under sub. (7) and, after June 30, 2017, the county shall be eligible to retain only $6
90	90	$10 of the portion of each fee submitted to the department under s. 59.72 (5) (a). After
91	91	not less than one year, if the department determines that the county has resolved the
92	92	violation, the department may reinstate the eligibility of the county for grants under
93	93	sub. (7) and for retaining $8 of the full amount allowed to be retained from the portion
94	94	of each fee submitted to the department under s. 59.72 (5) (a).
95	95	SECTION 4. 59.43 (2) (ag) 1. of the statutes is amended to read:
96	96	59.43 (2) (ag) 1. Subject to s. 59.72 (5), for recording any instrument that is
97	97	entitled to be recorded in the office of the register of deeds, $30 $45, except that no
98	98	fee may be collected for recording a change of address that is exempt from a filing fee
99	99	under s. 185.83 (1) (b) or 193.111 (1) (b).
100	100	SECTION 5. 59.43 (2) (e) of the statutes is amended to read:
101	101	59.43 (2) (e) Subject to s. 59.72 (5), for filing any instrument which that is
102	102	entitled to be filed in the office of register of deeds and for which no other specific fee
103	103	is specified, $30 $45.
104	104	SECTION 6. 59.72 (5) (a) of the statutes is amended to read:
105	105	59.72 (5) (a) Before the 16th day of each month a register of deeds shall submit
106	106	to the department of administration $15 $30 from the fee for recording or filing each
107	107	instrument that is recorded or filed under s. 59.43 (2) (ag) 1. or (e), less any amount
108	108	retained by the county under par. (b).
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135	135	SECTION 7 SENATE BILL 872
136	136	SECTION 7. 59.72 (5) (b) (intro.) of the statutes is amended to read:
137	137	59.72 (5) (b) (intro.) Except as provided in s. 16.967 (7m), a county may retain
138	138	$8 $15 of the portion of each fee submitted to the department of administration under
139	139	par. (a) from the fee for recording or filing each instrument that is recorded or filed
140	140	under s. 59.43 (2) (ag) 1. or (e) if all of the following conditions are met:
141	141	SECTION 8.0Initial applicability.
142	142	(1) The treatment of ss. 16.967 (7m) (b), 59.43 (2) (ag) 1. and (e), and 59.72 (5)
143	143	(a) and (b) (intro.) first applies to an instrument that is submitted for recording or
144	144	filing on the effective date of this subsection.
145	145	SECTION 9.0Effective dates. This act takes effect on the day after publication,
146	146	except as follows:
147	147	(1) The treatment of ss. 16.967 (7m) (b), 59.43 (2) (ag) 1. and (e), and 59.72 (5)
148	148	(a) and (b) (intro.) and SECTION 8 (1) of this act take effect on the first day of the 4th
149	149	month beginning after publication.
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