OAG1-03

  Todd J. Liebman, Past President

  Wisconsin Corporation Counsel Association

  John C. Jacques

  Interim Corporation Counsel

  Brown County

  Laverne Michalek

  Corporation Counsel

  Trempealeau County

  Marlotte Dascher

  Trempealeau County Abstract Company

  Yianni Pantis

  Attorney for First American Real Estate Solutions

  Jane C. Licht

  Register of Deeds

  Dane County

  Cathy Williquette

  Register of Deeds

  Brown County

  Marilyn Mueller

  Register of Deeds

  Kewaunee County

[=OAG 1-03, 10]Summary: Registers of deeds entering into contracts pursuant to Wis. Stat. § 59.43(2)(c) may insist on provisions protecting the identity and integrity of records obtained pursuant to such contracts and protecting the public. Authority to require provisions directly prohibiting the contracting party from selling or disseminating copies of such records is not prohibited and may reasonably be implied from the general contracting authority of sec. 59.43(2)(c). The fee requirements of Wis. Stat. § 59.43(2)(b), not those of the public records statute, Wis. Stat. § 19.35(3), apply to electronic copies of records obtained pursuant to Wis. Stat. § 59.43(4), unless the requester has entered into a contract authorized by Wis. Stat. § 59.43(2)(c).

1

You agree that this language should not be interpreted to prohibit providing copies of records when used for purposes of a title opinion and that the contract language can be modified to state that the distribution of copies used in support of title opinions is not prohibited.

2

  One register provided us with an example of a marketing letter mailed to potential customers in Illinois offering to obtain certified copies of property deeds at the cost of $79.50 when the same document can be purchased directly from the appropriate office in Illinois for a fraction of the quoted price.

3

  Wis. Stat. § 19.35(3)(a) provides: “An authority may impose a fee upon the requester of a copy of a record which may not exceed the actual, necessary and direct cost of reproduction . . . unless a fee is otherwise specifically established . . . by law.