Wisconsin 2025 Regular Session Status: To Executive Bipartisan · 3 R · 3 D cosponsors

SB 172 — Relating to: prohibiting filing or recording contracts for services or materials that do not improve real estate and providing a penalty. (FE)

Last action — Representative J. Jacobson added as a cosponsor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been sent to the executive. Introduced April 03, 2025. It awaits signature.

Next likely step: the executive signs it into law or issues a veto.

Prognosis

Likely to advance 90% · high confidence

Where this bill stands today.

Odds of enactment

Moderate

How often bills like it became law.

  • To Executive

    Current position in the legislative process.

  • 16 sponsors

    1 primary, 15 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (3 R · 3 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

An Act to amend 59.43 (1c) (intro.) and 706.05 (1); to create 59.43 (1k) and 710.27 of the statutes;

Bill Text

What changed in the latest version

111 added · 8 removed

Plain-language change summary

The recent amendment to Senate Bill 172 removes a section that originally outlined specific exceptions to the prohibition on recording contracts that do not improve real estate. This change simplifies the bill by eliminating complexities regarding which contracts could be exempt from the new rules. Now, the bill strictly prohibits such non-improvement contracts from being filed or recorded, and reinforces penalties for violations. This matters because it strengthens the intent of the bill to protect property records from unworthy claims, which could potentially mislead homeowners or lenders.

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Latest
- 2026 LEGISLATURE LRBa0116/1 KRP:cdc SENATE AMENDMENT 1, TO SENATE BILL 172 April 7, 2025 - Offered by SenaUINN.
- 2026 LEGISLATURE LRB-2472/1 KRP:cjs SENATE BILL 172 April 3, 2025 - Introduced by SenatorUINN , MARKLEIN , ASSLER -ALFHEIM , ASS, SPREITZER and W ALL , cosponsored by Representatives AXEY, PIWOWARCZYK , BEHNKE , D ITTRICH, KNODL , KREIBICH , M URPHY , PRONSCHINSKE , SUMMERFIELD and O RTIZ-VELEZ.
At the locations indicated, amend the bill as follows:
Referred to Committee on Insurance, Housing, Rural Issues and Forestry.
A N A CT to amend 59.43 (1c) (intro.) and 706.05 (1);
to create 59.43 (1k) and 710.27 of the statutes;
relating to:
prohibiting filing or recording contracts for services or materials that do not improve real estate and providing a penalty.
Analysis by the Legislative Reference Bureau This bill provides that, with certain, specified exceptions, no person may file or record with, or present for filing or recording to, a register of deeds a non- improvement contract or a notice, memorandum, or other instrument related to a non-improvement contract (document) and authorizes the register of deeds to reject such a document and return it unrecorded.
The bill defines “non-improvement contract” as a contract 1) under which a person agrees to perform, furnish, or procure any work, labor, service, materials, plans, or specifications that are not used or consumed for the improvement of real estate, and 2) that purports to create a lien, encumbrance, or other security interest on real estate.
A person that violates the recording or filing prohibition in the bill may be fined not more than $10,000 or imprisoned for not more than nine months, or both.
In addition, under the bill, an owner of real estate affected by such a filing or recording may bring a civil action against the person that files or records the document.
If the owner prevails in the action, the court must order the real estate - 2026 Legislature - 2 - LRB-2472/1 KRP:cjs SENATE BILL 172 SECTION 1 released from the effect of the document and may award actual damages, costs, and reasonable attorney fees.
Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.
For further information see the 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.
59.43 (1c) (intro.) of the statutes is amended to read:
59.43 (1c) REGISTER OF DEEDS ;DUTIES.
(intro.) Subject to sub.
subs.
(1k) and (1m), the register of deeds shall:
SECTION 2.
59.43 (1k) of the statutes is created to read:
59.43 (1k) AUTHORITY TO REJECT NON -IMPROVEMENT CONTRACTS .
If a register of deeds is presented with a non-improvement contract, as defined in s.
710.27 (1) (c), or a notice, memorandum, or other instrument related to a non-improvement contract, for recording, the register of deeds may reject the non-improvement contract, notice, memorandum, or other instrument and return it unrecorded.
SECTION 3.
706.05 (1) of the statutes is amended to read:
706.05 (1) Subject to s.
59.43 (1k) and (2m), every conveyance, and every other instrument which that affects title to land in this state, shall be entitled to record in the office of the register of deeds of each county in which land affected thereby may lie.
SECTION 4.
710.27 of the statutes is created to read:
710.27 Non-improvement contracts;
recording prohibited.
(1) D EFINITIONS.
In this section:
- 2026 Legislature - 3 - LRB-2472/1 KRP:cjs SENATE BILL 172 SECTION 4 (a) “Improvement” has the meaning given in s.
779.01 (2) (a).
(b) “Materials” has the meaning given in s.
779.01 (2) (bm).
(c) “Non-improvement contract” means a contract to which all of the following apply:
Show all 70 changed rows (30 more)
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Page 2, line 1:
The contract is a contract under which a person agrees to perform, furnish, or procure any work, labor, service, materials, plans, or specifications that are not used or consumed for the improvement of real estate.
delete lines 1 to 14.
2.
END )
The contract purports to create a lien, encumbrance, or other security interest on real estate.
(2) RECORDING PROHIBITED.
No person may file or record with, or present for filing or recording to, a register of deeds a non-improvement contract or a notice, memorandum, or other instrument related to a non-improvement contract.
(3) EXCEPTIONS.
Subsection (2) does not apply to any of the following:
(a) An instrument that evidences security given for the repayment of a loan or other extension of credit or an instrument related to such an evidence of security.
(b) An instrument required or allowed to be filed or recorded under s.
241.03 (1), 710.18 (2) (a), or 710.20 or ch.
703 or 707.
(c) A declaration, covenant, or other instrument related to the creation or operation of a homeowners’ association, housing cooperative, or other common interest community.
(d) An instrument related to a commercial lease.
(e) A lien or encumbrance arising from a covenant or agreement contained in an instrument of conveyance that creates or imposes ongoing obligations, such as - 2026 Legislature - 4 - LRB-2472/1 KRP:cjs SENATE BILL 172 SECTION 4 contributions for maintenance, access easements, commercial operations, or property management.
(f) A lien filed or recorded under s.
779.32.
(4) REMEDIES .
(a) If a person files or records an instrument in violation of sub.
(2), an owner of the real estate affected by the filing or recording may bring a civil action against the person.
If the owner prevails in an action under this paragraph, the court shall enter an order releasing the real estate from the effect of the instrument and may award to the owner actual damages and the costs of the action, including, notwithstanding s.
814.04 (1), reasonable attorney fees incurred in connection with the action, and the owner may record the order with the register of deeds for the county in which the real estate is located.
(b) In addition to the remedy under par.
(a), whoever violates sub.
(2) may be fined not more than $10,000 or imprisoned for not more than 9 months, or both.
(c) This subsection does not apply to a register of deeds or other government employee who acts in the course of the employee’s official duties and files, enters, or records any instrument relating to title on behalf of another person.
(d) The rights and remedies under this subsection are in addition to, and not in lieu of, any other rights or remedies that the owner may have.
S ECTION 5.
Initial applicability.
(1) This act first applies to an instrument that is filed or recorded with a register of deeds on the effective date of this subsection.
(END)
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Action History

  1. Representative J. Jacobson added as a cosponsor

  2. Published 8-9-2025

  3. Report approved by the Governor on 8-8-2025. 2025 Wisconsin Act 32

  4. Presented to the Governor on 8-7-2025

  5. Report correctly enrolled

  6. Received from Assembly concurred in

  7. Ordered immediately messaged

  8. Read a third time and concurred in

  9. Rules suspended

  10. Ordered to a third reading

  11. Read a second time

  12. Rules suspended to withdraw from calendar and take up

  13. Representatives Stroud, O'Connor, Miresse and Stubbs added as cosponsors

  14. Withdrawn from Committee on Rules and referred to calendar of 6-24-2025

  15. Fiscal estimate received

  16. Read first time and referred to committee on Rules

  17. Received from Senate

  18. Ordered immediately messaged

  19. Read a third time and passed

  20. Rules suspended to give bill its third reading

  21. Ordered to a third reading

  22. Senate Amendment 2 adopted

  23. Senate Amendment 1 adopted

  24. Read a second time

  25. Senator Ratcliff added as a coauthor

  26. Placed on calendar 5-15-2025 pursuant to Senate Rule 18(1)

  27. Available for scheduling

  28. Report passage as amended recommended by Committee on Insurance, Housing, Rural Issues and Forestry, Ayes 5, Noes 0

  29. Report adoption of Senate Amendment 2 recommended by Committee on Insurance, Housing, Rural Issues and Forestry, Ayes 5, Noes 0

  30. Report adoption of Senate Amendment 1 recommended by Committee on Insurance, Housing, Rural Issues and Forestry, Ayes 5, Noes 0

  31. Executive action taken

  32. Representative Penterman added as a cosponsor

  33. Senate Amendment 2 offered by Senator Quinn

  34. Senator Wirch added as a coauthor

  35. Public hearing held

  36. Fiscal estimate received

  37. Representative Udell added as a cosponsor

  38. Representative Tucker added as a cosponsor

  39. Representative Allen added as a cosponsor

  40. Senate Amendment 1 offered by Senator Quinn

  41. Read first time and referred to Committee on Insurance, Housing, Rural Issues and Forestry

  42. Introduced by Senators Quinn, Marklein, Dassler-Alfheim, Nass, Spreitzer and Wall; cosponsored by Representatives Maxey, Piwowarczyk, Behnke, Dittrich, Knodl, Kreibich, Murphy, Pronschinske, Summerfield and Ortiz-Velez

Sponsors

Sponsorship breakdown

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1 sponsors · 15 co-sponsors · 116 not signed on

Sponsors (1)

Co-sponsors (15)

Not signed on (116)

116 members have not signed on to this bill.

Show all 116 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

Subjects

housing
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Frequently asked questions

What does SB 172 do?
An Act to amend 59.43 (1c) (intro.) and 706.05 (1); to create 59.43 (1k) and 710.27 of the statutes;
Who sponsors SB 172?
SB 172 is sponsored by Maxey, Piwowarczyk, Behnke, Dittrich, Knodl, Kreibich, Murphy, Pronschinske, Summerfield, Ortiz-Velez, Quinn, Romaine (Republican), Marklein, Howard (Republican), Dassler-Alfheim, Kristin (Democrat), Nass, Steve (Republican), Spreitzer, Mark (Democrat), and Wall, Jamie (Democrat).
What is the current status of SB 172?
This bill has been sent to the executive. Introduced April 03, 2025. It awaits signature.
Where can I track SB 172?
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