Howard Marklein Wisconsin State Senator (District 17) | Official Facebook
Howard Marklein Wisconsin State Senator (District 17) | Official Facebook
According to the Wisconsin State Legislature's official website, the bill was described as follows: "prohibiting filing or recording contracts for services or materials that do not improve real estate and providing a penalty. (FE)".
The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.
In essence, this bill prohibits the filing or recording of contracts that do not result in improvements to real estate with the register of deeds, apart from certain exceptions such as documents related to security for loans, commercial leases, or homeowners' associations. It allows registers of deeds to reject and return such non-improvement contracts unrecorded. The bill defines a "non-improvement contract" as one that involves services or materials not used for real estate improvement but claims to create a lien on real estate. Violations can incur penalties up to $10,000 or nine months of imprisonment. Real estate owners affected by such filings can take civil action to release their property from the document's effect, potentially recovering damages and legal fees if successful. The law applies to filings made on or after the act's effective date.
The bill was co-authored by Representative Dave Maxey (Republican-83rd District), Senator Kristin Dassler-Alfheim (Democrat-18th District), Senator Steve L. Nass (Republican-11th District), Senator Mark Spreitzer (Democrat-15th District), Senator Jamie Wall (Democrat-30th District). It was co-sponsored by Representative Scott Allen (Republican-82nd District), Representative Elijah R. Behnke (Republican-6th District), and Representative Barbara Dittrich (Republican-99th District), along 15 other co-sponsors.
Howard L. Marklein has authored or co-authored another 19 bills since the beginning of the 2025 session, with none of them being enacted.
Marklein graduated from the University of Wisconsin, Whitewater in 1976 with a BBA.
Marklein, a Republican, was elected to the Wisconsin State Senate in 2015 to represent the state's 17th Senate district, replacing previous state senator Dale Schultz.
In Wisconsin, the legislative process starts when a senator, constituent, group, or agency proposes an idea for a bill. After drafting, the bill is introduced, numbered, and referred to a committee for review and public input. If approved, it moves through three readings and votes in both the Senate and Assembly. Once both chambers pass the same version, the bill goes to the governor, who can sign it, veto it, or let it become law without a signature. Only a small share of bills introduced each session ultimately become law. You can learn more about the Wisconsin legislative process here.
| Bill Number | Date Introduced | Short Description |
|---|---|---|
| SB172 | 04/03/2025 | Prohibiting filing or recording contracts for services or materials that do not improve real estate and providing a penalty. (FE) |
| SB170 | 04/03/2025 | Rehired annuitants in the Wisconsin Retirement System. (FE) |
| SB168 | 04/03/2025 | Changing the conditions of liability for worker’s compensation benefits for emergency medical responders, emergency medical services practitioners, volunteer firefighters, correctional officers, emergency dispatchers, coroners and coroner staff, and medical examiners and medical examiner staff. (FE) |
| SB160 | 03/27/2025 | Designating the Tom Diehl Memorial Highway. (FE) |
| SB126 | 03/14/2025 | The effective date of certain provisions contained in 2023 Wisconsin Act 126 |
| SB96 | 03/07/2025 | Exempting certain electric vehicle charging stations located at a residence from the electric vehicle charging tax. (FE) |
| SB84 | 02/26/2025 | Exempting certain conveyances between grandparents and grandchildren from the real estate transfer fee. (FE) |
| SB3 | 01/24/2025 | Requiring local approval for certain wind and solar projects before Public Service Commission approval |
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