(3) This subchapter chapter applies to an electronic record or electronic signature otherwise excluded from the application of this subchapter chapter under subs. (2), (2m), and (2r) to the extent it is governed by a law other than those specified in subs. (2), (2m), and (2r).
(4) A transaction subject to this subchapter chapter is also subject to other applicable substantive law.
(5) This subchapter chapter applies to the state of Wisconsin, unless otherwise expressly provided.
(6) To the extent there is a conflict between this
subchapter chapter and ch. 407, ch. 407 governs.
125,27
Section 27
. 137.13 (1), (2), (4) and (5) of the statutes are amended to read:
137.13 (1) This subchapter
chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.
(2) This subchapter chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
(4) Except as otherwise provided in this subchapter chapter, the effect of any provision of this
subchapter chapter may be varied by agreement. Use of the words “unless otherwise agreed," or words of similar import, in this subchapter chapter shall not be interpreted to preclude other provisions of this subchapter chapter from being varied by agreement.
(5) Whether an electronic record or electronic signature has legal consequences is determined by this subchapter chapter and other applicable law.
125,28
Section 28
. 137.14 (intro.) and (3) of the statutes are amended to read:
137.14 Construction. (intro.) This subchapter chapter shall be construed and applied:
(3) To effectuate its general purpose to make uniform the law with respect to the subject of this subchapter chapter among states enacting laws substantially similar to the Uniform Electronic Transactions Act as approved and recommended by the National Conference of Commissioners on Uniform State Laws in 1999.
125,29
Section 29
. 137.16 (2) (intro.) and (4) (a) and (b) of the statutes are amended to read:
137.16 (2) (intro.) If a law other than this
subchapter chapter requires a record to be posted or displayed in a certain manner, to be sent, communicated, or transmitted by a specified method, or to contain information that is formatted in a certain manner, then:
(4) (a) To the extent a law other than this subchapter chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under sub. (1) that the information be in the form of an electronic record capable of retention may also be varied by agreement; and
(b) A requirement under a law other than this subchapter chapter to send, communicate, or transmit a record by 1st-class or regular mail or with postage prepaid may be varied by agreement to the extent permitted by the other law.
125,30
Section 30
. 137.20 (7) of the statutes is amended to read:
137.20 (7) The public records board may promulgate rules prescribing standards consistent with this subchapter chapter for retention of records by state agencies, the University of Wisconsin Hospitals and Clinics Authority and local governmental units.
125,31
Section 31
. Chapter 140 (title) of the statutes is created to read:
CHAPTER 140
NOTARIES PUBLIC; NOTARIAL ACTs
125,32
Section 32
. 140.01 of the statutes is created to read:
140.01 Definitions. In this chapter:
(1) “Acknowledgment” means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.
(2) “Department” means the department of financial institutions.
(3) “Domestic partner" has the meaning given in s. 770.01 (1).
(4) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(5) “Electronic signature” means an electronic symbol, sound, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record.
(6) “In a representative capacity” means acting as any of the following:
(a) An authorized officer, agent, partner, trustee, or other representative for a person other than an individual.
(b) A public officer, personal representative, guardian, or other representative, in the capacity stated in a record.
(c) An agent or attorney-in-fact for a principal.
(d) An authorized representative of another in any other capacity.
(7) “Notarial act” means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. The term includes taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument.
(8) “Notarial officer” means a notary public or other individual authorized to perform a notarial act.
(9) “Notary public” means an individual commissioned to perform a notarial act.
(10) “Official stamp” means a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record.
(11) “Person” means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(12) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(13) “Sign” means, with present intent to authenticate or adopt a record, any of the following:
(a) To execute or adopt a tangible symbol.
(b) To attach to or logically associate with the record an electronic symbol, sound, or process.
(14) “Signature” means a tangible symbol or an electronic signature that evidences the signing of a record.
(15) “Stamping device” means any of the following:
(a) A physical device capable of affixing to or embossing on a tangible record an official stamp.
(b) An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp.
(16) “State” means a state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(17) “Tamper-evident” means that any change to a record generates evidence of the change.
(18) “Verification on oath or affirmation” means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true.
125,33
Section 33
. 140.02 (5m) (a) of the statutes is created to read:
140.02 (5m) (a) In this subsection, “communication technology” has the meaning given in s. 140.145 (1) (a).
125,34
Section 34
. 140.04 of the statutes is created to read:
140.04 Authority to perform notarial act. (1) A notarial officer may perform a notarial act authorized by this chapter or by law of this state other than this chapter.
(2) A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer's spouse or domestic partner is a party or in which either of them has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable.
(3) A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record.
125,35
Section 35
. 140.05 of the statutes is created to read:
140.05 Requirements for certain notarial acts. (1) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual.
(2) A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual.
(3) A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed.
(4) A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item.
(5) A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in s. 403.505 (2).
125,36
Section 36
. 140.06 of the statutes is created to read:
140.06 Personal appearance required. If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer.
125,37
Section 37
. 140.07 of the statutes is created to read:
140.07 Identification of individual. (1) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.
(2) A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual in any of the following ways:
(a) By means of any of the following:
1. A passport, vehicle operator's license, or government-issued identification card, which is current or expired not more than 3 years before performance of the notarial act.
2. Another form of government identification issued to an individual, which is current or expired not more than 3 years before performance of the notarial act, contains the signature or a photograph of the individual, and is satisfactory to the officer.
(b) By a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of a passport, vehicle operator's license, or government-issued identification card, which is current or expired not more than 3 years before performance of the notarial act.
(3) A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual.
125,38
Section 38
. 140.08 of the statutes is created to read:
140.08 Authority to refuse to perform notarial act. (1) A notarial officer may refuse to perform a notarial act if the officer is not satisfied with respect to any of the following:
(a) That the individual executing the record is competent or has the capacity to execute the record.
(b) That the individual's signature is knowingly and voluntarily made.
(2) A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this chapter.
125,39
Section 39
. 140.09 of the statutes is created to read:
140.09 Signature if individual unable to sign. If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual's name on the record. The notarial officer shall insert “Signature affixed by (name of other individual) at the direction of (name of individual)” or words of similar import.
125,40
Section 40
. 140.10 of the statutes is created to read:
140.10 Notarial act in this state. (1) A notarial act may be performed within this state by any of the following persons of this state:
(a) A notary public of this state.
(b) A judge, clerk, or deputy clerk of a court of record.
(c) A court commissioner.
(d) A register of deeds or deputy register of deeds.
(e) A municipal judge.
(f) A county clerk or deputy county clerk.
(2) The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(3) The signature and title of a notarial officer described in sub. (1) conclusively establish the authority of the officer to perform the notarial act.
125,41
Section 41
. 140.11 of the statutes is created to read:
