2025 - 2026 LEGISLATURE
LRB-2728/1
KP/EVM/KRP:klm&wlj
April 23, 2025 - Introduced by Representatives Green, Allen, Armstrong, Behnke, Brooks, Dittrich, Duchow, Franklin, Goeben, B. Jacobson, Kreibich, Melotik, Miresse, Murphy, Mursau, Novak, O'Connor, Ortiz-Velez, Penterman, Piwowarczyk, VanderMeer and Summerfield, cosponsored by Senators Stafsholt, Cabral-Guevara, Feyen, Nass and Wanggaard. Referred to Committee on Housing and Real Estate.
AB216,1,5
1An Act to renumber and amend 77.24; to amend 16.967 (7) (am) 2., 16.967 2(7) (b), 20.505 (1) (uc), 25.55 and 77.22 (1); to create 16.967 (7) (c), 59.43 (13) 3and 77.24 (2) of the statutes; relating to: the amount and distribution of the
4real estate transfer fee, grants under the land information program, real
5property recording notification systems, and making an appropriation. Analysis by the Legislative Reference Bureau
Current law, generally, requires a person who conveys an interest in real property to file a real estate transfer return with the county register of deeds and pay a real estate transfer fee equal to 30 cents for each $100 of the value of the conveyance. The county retains 20 percent of the fees collected and transmits the remainder to the state.
This bill decreases the real estate transfer fee to 20 cents for each $100 of the value of the conveyance. Under the bill, 30 percent of the fees collected are deposited into the general fund, 20 percent of the fees are deposited into the land information fund, and the county retains 50 percent of the fees.
Under current law, the Department of Administration administers a land information program, using revenue from the land information fund, that provides funding to counties for the modernization of local land records. Under the land information program, 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.
The bill directs DOA to award additional local government contribution based grants to counties to fully distribute 46 percent of the amount of real estate transfer fees that are deposited into the land information fund under the bill in each fiscal year. Under the bill, DOA annually must award 46 percent of those deposited amounts as grants to counties based on the relative proportion of the fees each county collected.
This bill also requires any county that retains real estate transfer fee moneys to establish a real property recording notification system to be administered by the county’s register of deeds. Upon application by a person, such a system monitors publicly recorded real property records for activity and changes related to properties owned by a specific person or a specific property, and, upon the recording of a new document against a monitored property, notifies the person who applied for monitoring. The bill specifies that no fee may be charged to an applicant for application, monitoring, or notification under such a system.
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:
AB216,1
1Section 1. 16.967 (7) (am) 2. of the statutes is amended to read: AB216,2,6216.967 (7) (am) 2. The minimum amount of a grant under this paragraph is 3determined by subtracting the amount of fees that the county retained under s. 459.72 (5) (b) in the preceding fiscal year from $100,000 $175,000. The department 5is not required to award a grant to a county that retained at least $100,000 6$175,000 in fees under s. 59.72 (5) (b) in the preceding fiscal year. AB216,27Section 2. 16.967 (7) (b) of the statutes is amended to read: AB216,3,4816.967 (7) (b) In addition to any other grant received awarded under this
1subsection, the department may award a grant to any county in an amount not less 2than $1,000 $5,000 per year to be used for the training and education of county 3employees for the design, development, and implementation of a land information 4system. AB216,35Section 3. 16.967 (7) (c) of the statutes is created to read: AB216,3,11616.967 (7) (c) In addition to any other grant awarded under this subsection, 7the department shall award local government contribution based grants to 8counties, for the purposes specified under par. (am), to fully distribute 46 percent of 9the amounts received by the department under s. 77.24 (2) (b) in each fiscal year. 10The department shall determine the amount of a grant awarded to a county as 11follows: AB216,3,13121. Determine the total amount of moneys received by the department under s. 1377.24 (2) (b) in the preceding fiscal year. AB216,3,15142. Determine the total amount of moneys received by the department under s. 1577.24 (2) (b) in the preceding fiscal year that were collected by the county. AB216,3,17163. Divide the amount determined under subd. 2. by the amount determined 17under subd. 1. AB216,3,18184. Multiply the amount determined under subd. 1. by 46 percent. AB216,3,19195. Multiply the quotient under subd. 3. by the product under subd. 4. AB216,420Section 4. 20.505 (1) (uc) of the statutes is amended to read: AB216,3,242120.505 (1) (uc) Land information program; local aids. From the land 22information fund, all moneys received by the department under s. ss. 59.72 (5) (a) 23and 77.24 (2) (b), except moneys appropriated under par. (ub), for aids to counties 24under s. 16.967 (7). AB216,5
1Section 5. 25.55 of the statutes is amended to read: AB216,4,4225.55 Land information fund. There is created a separate nonlapsible 3trust fund designated as the land information fund, consisting of moneys received 4under s. ss. 59.72 (5) (a) and 77.24 (2) (b). AB216,65Section 6. 59.43 (13) of the statutes is created to read: AB216,4,13659.43 (13) Real property recording notification system. A county that 7retains moneys under s. 77.24 shall establish a real property recording notification 8system to be administered by the register of deeds. Upon application by a person, 9the system shall monitor publicly recorded real property records for activity and 10changes related to properties owned by a specific person or a specific property, and, 11upon the recording of a new document against a monitored property, notify the 12applicant. No fee may be charged to an applicant for application, monitoring, or 13notification under a system established under this subsection. AB216,714Section 7. 77.22 (1) of the statutes is amended to read: AB216,5,91577.22 (1) There is imposed on the grantor of real estate a real estate transfer 16fee at the rate of 30 20 cents for each $100 of value or fraction thereof on every 17conveyance not exempted or excluded under this subchapter. In regard to land 18contracts, the value is the total principal amount that the buyer agrees to pay the 19seller for the real estate. This fee shall be collected by the register at the time the 20instrument of conveyance is submitted for recording. Except as provided in s. 2177.255, at the time of submission the grantee or his or her duly authorized agent or 22other person acquiring an ownership interest under the instrument, or the 23judgment creditor in the case of a foreclosure under s. 846.16, shall execute a 24return, signed by both grantor and grantee, on the form prescribed under sub. (2).
1The register shall enter the fee paid on the face of the deed or other instrument of 2conveyance before recording, and, except as provided in s. 77.255, submission of a 3completed real estate transfer return and collection by the register of the fee shall 4be prerequisites to acceptance of the conveyance for recording. The register shall 5have no duty to determine either the correct value of the real estate transferred or 6the validity of any exemption or exclusion claimed. If the transfer is not subject to a 7fee as provided in this subchapter, the reason for exemption shall be stated on the 8face of the conveyance to be recorded by reference to the proper subsection under s. 977.25. AB216,810Section 8. 77.24 of the statutes is renumbered 77.24 (1) and amended to 11read: AB216,5,141277.24 (1) Twenty Fifty percent of all fees collected under this subchapter shall 13be retained by the county and the balance shall be transmitted to the state as 14provided in sub. (2). AB216,5,1815(3) Remittances shall be made monthly by the county treasurers to the 16department of revenue by the 15th day of the month following the close of the month 17in which the fee was collected. The remittance to the department shall be 18accompanied by the returns executed under s. 77.22. AB216,919Section 9. 77.24 (2) of the statutes is created to read: AB216,5,212077.24 (2) (a) Thirty percent of all fees collected under this subchapter shall be 21deposited into the general fund. AB216,5,2322(b) Twenty percent of all fees collected under this subchapter shall be 23deposited into the land information fund. AB216,10
1Section 10. Initial applicability. AB216,6,32(1) This act first applies to conveyances filed on the effective date of this 3subsection. AB216,6,55(1) This act takes effect on the 30th day after the day of publication.
