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2023 - 2024 LEGISLATURE
2023 SENATE BILL 872
January 5, 2024 - Introduced by Senators BALLWEG and JAMES, cosponsored by
Representatives NOVAK, TRANEL, O'CONNOR, ROZAR, SUBECK and MELOTIK.
Referred to Committee on Government Operations.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 16.967 (7) (am) 2., 16.967 (7) (b), 16.967 (7m) (b), 59.43 (2) (ag)
1., 59.43 (2) (e), 59.72 (5) (a) and 59.72 (5) (b) (intro.) of the statutes; relating
to: fees for recording and filing instruments with the registers of deeds; the
portion of such fees used for the land information program; and the minimum
state grant amounts under the program.
Analysis by the Legislative Reference Bureau
This bill increases the general recording and filing fees charged by county
registers of deeds, increases the amount of the fees that counties must submit to the
Department of Administration for the land information program, and increases the
minimum grant amount DOA may award to counties for education and training
grants under the program.
Under current law, DOA directs and supervises the land information program
and serves as a state clearinghouse for access to land information. Under the land
information program, DOA provides technical assistance to state agencies and local
governmental units with land information responsibilities, reviews and approves
county plans for land records modernization, and provides aids to counties, derived
from recording fee revenues collected by counties, for land records modernization
projects.
Under current law, counties collect fees for recording or filing instruments that
are recorded or filed with a register of deeds. Currently, the general fee for recording
or filing an instrument is $30. Currently, a county must submit $15 of each $30
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SENATE BILL 872
recording fee to DOA for the land information program, but the county may retain
$8 of the amount it would have been required to submit to DOA if the county meets
certain requirements, including establishing a land information office and council
and using the retained fees to develop, implement, and maintain a DOA-approved
countywide plan for land records modernization on the Internet.
The bill increases the general recording and filing fee from $30 to $45. The bill
also increases the amount of each fee that a county must submit to DOA from $15
to $30 and increases the amount the county may retain from $8 to $15 if the current
law requirements are met.
Under current law, DOA awards land information system base budget grants
to counties to enable county land information offices to develop, maintain, and
operate basic land information systems. Currently, the minimum amount of a grant
is $100,000 less the amount of certain fees retained by the county in the preceding
fiscal year. The bill increases that base amount to $175,000 less the retained fees.
Under current law, DOA may award a grant under the land information
program to any county in an amount not less than $1,000 per year to be used for the
training and education of county employees for the design, development, and
implementation of a land information system. The bill increases the minimum
training and education grant amount from $1,000 to $5,000.
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:
SECTION 1. 16.967 (7) (am) 2. of the statutes is amended to read:
16.967 (7) (am) 2. The minimum amount of a grant under this paragraph is
determined by subtracting the amount of fees that the county retained under s. 59.72
(5) (b) in the preceding fiscal year from $100,000 $175,000. The department is not
required to award a grant to a county that retained at least $100,000 $175,000 in fees
under s. 59.72 (5) (b) in the preceding fiscal year.
SECTION 2. 16.967 (7) (b) of the statutes is amended to read:
16.967 (7) (b) In addition to any other grant received awarded under this
subsection, the department may award a grant to any county in an amount not less
than $1,000 $5,000 per year to be used for the training and education of county
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SENATE BILL 872
employees for the design, development, and implementation of a land information
system.
SECTION 3. 16.967 (7m) (b) of the statutes is amended to read:
16.967 (7m) (b) If the department determines that a county has violated s.
59.72, the department shall suspend the eligibility of the county to receive grants
under sub. (7) and, after June 30, 2017, the county shall be eligible to retain only $6
$10 of the portion of each fee submitted to the department under s. 59.72 (5) (a). After
not less than one year, if the department determines that the county has resolved the
violation, the department may reinstate the eligibility of the county for grants under
sub. (7) and for retaining $8 of the full amount allowed to be retained from the portion
of each fee submitted to the department under s. 59.72 (5) (a).
SECTION 4. 59.43 (2) (ag) 1. of the statutes is amended to read:
59.43 (2) (ag) 1. Subject to s. 59.72 (5), for recording any instrument that is
entitled to be recorded in the office of the register of deeds, $30 $45, except that no
fee may be collected for recording a change of address that is exempt from a filing fee
under s. 185.83 (1) (b) or 193.111 (1) (b).
SECTION 5. 59.43 (2) (e) of the statutes is amended to read:
59.43 (2) (e) Subject to s. 59.72 (5), for filing any instrument which that is
entitled to be filed in the office of register of deeds and for which no other specific fee
is specified, $30 $45.
SECTION 6. 59.72 (5) (a) of the statutes is amended to read:
59.72 (5) (a) Before the 16th day of each month a register of deeds shall submit
to the department of administration $15 $30 from the fee for recording or filing each
instrument that is recorded or filed under s. 59.43 (2) (ag) 1. or (e), less any amount
retained by the county under par. (b).
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SECTION 7 SENATE BILL 872
SECTION 7. 59.72 (5) (b) (intro.) of the statutes is amended to read:
59.72 (5) (b) (intro.) Except as provided in s. 16.967 (7m), a county may retain
$8 $15 of the portion of each fee submitted to the department of administration under
par. (a) from the fee for recording or filing each instrument that is recorded or filed
under s. 59.43 (2) (ag) 1. or (e) if all of the following conditions are met:
SECTION 8.0Initial applicability.
(1) The treatment of ss. 16.967 (7m) (b), 59.43 (2) (ag) 1. and (e), and 59.72 (5)
(a) and (b) (intro.) first applies to an instrument that is submitted for recording or
filing on the effective date of this subsection.
SECTION 9.0Effective dates. This act takes effect on the day after publication,
except as follows:
(1) The treatment of ss. 16.967 (7m) (b), 59.43 (2) (ag) 1. and (e), and 59.72 (5)
(a) and (b) (intro.) and SECTION 8 (1) of this act take effect on the first day of the 4th
month beginning after publication.
(END)
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