Prohibiting filing or recording contracts for services or materials that do not improve real estate and providing a penalty. (FE)
Impact
If enacted, SB172 will amend existing statutes to clarify the authority of registers of deeds to refuse the recording of non-improvement contracts, thus streamlining the process of maintaining accurate real estate records. This bill addresses the concern of lien fraud and misrepresentation in real estate transactions, setting clear boundaries around what constitutes an improvement for recording purposes. Violators of this law could face substantial fines or imprisonment, which underscores the importance of compliance in real estate documentation.
Summary
Senate Bill 172 aims to regulate the recording of contracts related to real estate by prohibiting the filing of what are termed 'non-improvement contracts.' Specifically, the bill stipulates that no individual may file or record such contracts—defined as agreements that do not contribute to the enhancement of real estate—without facing penalties. The impact of this legislation is significant, as it empowers registers of deeds to reject documents that fall under this category and enables real estate owners adversely affected by such filings to take legal action.
Contention
Despite its intended regulatory clarity, SB172 has drawn criticism and raised questions about its implications for property rights and contractual freedom. Opponents of the bill argue that the definition of 'non-improvement contracts' may be too vague and could hinder certain legitimate agreements from being recorded. Concerns have also been voiced regarding the potential for this legislation to limit business operations involving real estate services that do not fit within the narrow scope of improvements defined by the bill. As discussions continue, the balance between protecting property rights and preventing fraud remains a critical point of debate.
Multijurisdictional business improvement districts, annual reports for neighborhood improvement districts, and certain notifications for neighborhood improvement districts and business improvement districts. (FE)
Multijurisdictional business improvement districts, annual reports for neighborhood improvement districts, and certain notifications for neighborhood improvement districts and business improvement districts. (FE)
County and municipal aid; imposing a city sales tax and an additional county sales tax to pay the unfunded actuarial accrued liability of city and county retirement systems; requiring newly hired city and county employees of certain city agencies and counties to be enrolled in the Wisconsin Retirement System; fire and police commissions of first class cities; eliminating the personal property tax; reporting certain crimes and other incidents that occur on school property or school transportation; advisory referenda; local health officers; local public protection services; exceptions to local levy limits; local regulation of certain quarry operations; emergency services; local approval of projects and activities under the Warren Knowles-Gaylord Nelson Stewardship 2000 Program; requiring a referendum; and granting rule-making authority. (FE)
Declaring discriminatory restrictions in instruments that affect real property void and unenforceable and allowing an owner of real property to discharge and release such a discriminatory restriction. (FE)
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. (FE)