Amendment ASA1-AB293

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 293

October 16, 2019 - Offered by Representative Ballweg.

AB293-ASA1,2,7 An Act to repeal subchapter I (title) of chapter 137 [precedes 137.01], 137.02, subchapter II (title) of chapter 137 [precedes 137.11] and 706.07; to renumber 137.01 (title), 137.01 (5), 137.01 (5m) (title), 137.01 (8) and 137.01 (9) (title); to renumber and amend 137.01 (1), 137.01 (2), 137.01 (3), 137.01 (4), 137.01 (5m) (a), 137.01 (5m) (b), 137.01 (5m) (c), 137.01 (6), 137.01 (6m), 137.01 (7) and 137.01 (9); to amend 15.01 (4), 15.185 (title), 20.575 (1) (g), chapter 137 (title), 137.11 (intro.) and (4), 137.12 (1), (2) (intro.), (2m) (intro.), (2p), (2r) (intro.), (3), (4), (5) and (6), 137.13 (1), (2), (4) and (5), 137.14 (intro.) and (3), 137.16 (2) (intro.) and (4) (a) and (b), 137.20 (7), 236.21 (2) (a), 236.295 (1) (b), 244.05, 244.19 (1), 407.103 (4), 610.60 (2) (a), 703.33 (9), 706.05 (2) (b), 706.05 (8), 706.06 (1), 706.085 (2) (a), 708.15 (10) (g), 801.18 (11) (a), 801.18 (11) (e), 857.015, 867.045 (2), 867.046 (3), 887.01 (1), 887.01 (3), 887.015 (4) (b) 4., 968.12 (2) and 990.01 (38); and to create 15.185 (8), chapter 140 (title), 140.01, 140.02 (5m) (a), 140.04, 140.05, 140.06, 140.07, 140.08, 140.09, 140.10, 140.11, 140.12, 140.13, 140.14, 140.145, 140.15, 140.16, 140.17, 140.18, 140.20, 140.24, 140.26, 140.27, 140.30, 140.31 and 140.34 of the statutes; relating to: adopting provisions of the revised uniform law on notarial acts and repealing a prior uniform law on notarial acts, creating a remote notary council, commissioners of deeds, providing an exemption from emergency rule procedures, and granting rule-making authority.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB293-ASA1,1 Section 1 . 15.01 (4) of the statutes is amended to read:

AB293-ASA1,2,16 15.01 (4) “Council" means a part-time body appointed to function on a continuing basis for the study, and recommendation of solutions and policy alternatives, of the problems arising in a specified functional area of state government, except the council on physical disabilities has the powers and duties specified in s. 46.29 (1) and (2), the state council on alcohol and other drug abuse has the powers and duties specified in s. 14.24, and the electronic recording council has the powers and duties specified in s. 706.25 (4), and the remote notary council has the powers and duties specified in s. 140.145 (11).

AB293-ASA1,2 Section 2 . 15.185 (title) of the statutes is amended to read:

AB293-ASA1,2,18 15.185 (title) Same; attached boards and, offices, and councils .

AB293-ASA1,3 Section 3 . 15.185 (8) of the statutes is created to read:

AB293-ASA1,2,21 15.185 (8) Remote notary council. (a) There is created a remote notary council which is attached to the department of financial institutions under s. 15.03.

AB293-ASA1,2,23 (b) The council shall be composed of the following members appointed for 3-year terms:

AB293-ASA1,3,1 1. One member who represents an association of title insurance companies.

AB293-ASA1,3,2 2. One member who represents attorneys who practice real estate law.

AB293-ASA1,3,3 3. One member who represents an association of bankers.

AB293-ASA1,3,5 4. One member who represents the providers of communication technology used to perform a notarial act involving a remotely located individual.

AB293-ASA1,3,6 5. The secretary of financial institutions or the secretary's designee.

AB293-ASA1,4 Section 4. 20.575 (1) (g) of the statutes is amended to read:

AB293-ASA1,3,14 20.575 (1) (g) Program fees. The amounts in the schedule for the purpose of carrying out general program operations. Except as provided under par. (ka), all amounts received by the secretary of state, including fees under s. 137.02 and all moneys transferred from the appropriation under s. 20.144 (1) (g), shall be credited to this appropriation. Notwithstanding s. 20.001 (3) (a), any unencumbered balance at the close of a fiscal year exceeding 10 percent of that fiscal year's expenditures under this appropriation shall lapse to the general fund.

AB293-ASA1,5 Section 5. Chapter 137 (title) of the statutes is amended to read:

AB293-ASA1,3,18 CHAPTER 137 AUTHENTICATIONS AND ELECTRONIC TRANSACTIONS AND RECORDS

AB293-ASA1,6 Section 6. Subchapter I (title) of chapter 137 [precedes 137.01] of the statutes is repealed.

AB293-ASA1,7 Section 7. 137.01 (title) of the statutes is renumbered 140.02 (title).

AB293-ASA1,8 Section 8 . 137.01 (1) of the statutes is renumbered 140.02 (1), and 140.02 (1) (a), (b), (d), (e) and (g), as renumbered, are amended to read:

AB293-ASA1,4,2 140.02 (1) (a) The secretary of financial institutions department shall appoint notaries public who shall be United States residents and at least 18 years of age. Applicants who are not attorneys shall file an application with the department of financial institutions and pay a $20 fee.

AB293-ASA1,4,6 (b) The secretary of financial institutions department shall satisfy himself or herself itself that the applicant has the equivalent of an 8th grade education, is familiar with the duties and responsibilities of a notary public and, subject to ss. 111.321, 111.322 and 111.335, does not have an arrest or conviction record.

AB293-ASA1,4,10 (d) Qualified applicants shall be notified by the department of financial institutions to take and file the official oath and execute and file an official bond in the sum of $500, with a surety executed by a surety company and approved by the secretary of financial institutions department.

AB293-ASA1,4,13 (e) The qualified applicant shall file his or her signature, post-office address, and an impression of his or her official seal, or imprint of his or her official rubber stamp, with the department of financial institutions.

AB293-ASA1,4,16 (g) At least 30 days before the expiration of a commission the department of financial institutions shall mail provide notice of the expiration date to the holder of a commission.

AB293-ASA1,9 Section 9. 137.01 (2) of the statutes is renumbered 140.02 (2) and amended to read:

AB293-ASA1,4,25 140.02 (2) Notaries public who are attorneys. (a) Except as provided in par. (am), any United States resident who is licensed to practice law in this state is entitled to a permanent commission as a notary public upon application to the department of financial institutions and payment of a $50 fee. The application shall include a certificate of good standing from the supreme court, the signature and post-office address of the applicant and an impression of the applicant's official seal, or imprint of the applicant's official rubber stamp.

AB293-ASA1,5,8 (am) If a United States resident has his or her license to practice law in this state suspended or revoked, upon reinstatement of his or her license to practice law in this state, the person may be entitled to receive a certificate of appointment as a notary public for a term of 4 years. An eligible notary appointed under this paragraph is entitled to reappointment for 4-year increments. At least 30 days before the expiration of a commission under this paragraph the department of financial institutions shall mail provide notice of the expiration date to the holder of the commission.

AB293-ASA1,5,12 (b) The secretary of financial institutions department shall issue a certificate of appointment as a notary public to persons who qualify under the requirements of this subsection. The certificate shall state that the notary commission is permanent or is for 4 years.

AB293-ASA1,5,16 (c) The supreme court shall file with the department of financial institutions notice of the surrender, suspension, or revocation of the license to practice law of any attorney who holds a permanent commission as a notary public. Such notice shall be deemed a revocation of said commission.

AB293-ASA1,10 Section 10 . 137.01 (3) of the statutes is renumbered 140.02 (3), and 140.02 (3) (a), as renumbered, is amended to read:

AB293-ASA1,5,25 140.02 (3) (a) Except as authorized in s. 137.19, and except as provided in s. 140.17, every notary public shall provide an engraved official seal which makes a distinct and legible impression or official rubber stamp which makes a distinct and legible imprint on paper. The impression of the seal or the imprint of the rubber stamp shall state only the following: “Notary Public," “State of Wisconsin" and the name of the notary. But any notarial seal in use on August 1, 1959, shall be considered in compliance.

AB293-ASA1,11 Section 11. 137.01 (4) of the statutes is renumbered 140.02 (4), and 140.02 (4) (a) and (b), as renumbered, are amended to read:

AB293-ASA1,6,4 140.02 (4) (a) Every official act of a notary public shall be attested by the notary public's written signature or electronic signature, as defined in s. 137.11 (8).

AB293-ASA1,6,12 (b) Except as authorized in s. 137.19, and except when a notary public properly uses an official stamp under s. 140.17, all certificates of acknowledgments of deeds and other conveyances, or any written instrument required or authorized by law to be acknowledged or sworn to before any notary public, within this state, shall be attested by a clear impression of the official seal or imprint of the rubber stamp of said officer, and in addition thereto shall be written or stamped either the day, month and year when the commission of said notary public will expire, or that such commission is permanent.

AB293-ASA1,12 Section 12. 137.01 (5) of the statutes is renumbered 140.02 (5).

AB293-ASA1,13 Section 13 . 137.01 (5m) (title) of the statutes is renumbered 140.02 (5m) (title).

AB293-ASA1,14 Section 14 . 137.01 (5m) (a) of the statutes is renumbered 140.02 (5m) (b) and amended to read:

AB293-ASA1,7,3 140.02 (5m) (b) Except as provided in par. (b) (c), a notary public or any provider of communication technology shall keep confidential all documents and information provided to the notary public or provider of communication technology or contained in any documents reviewed by the notary public or provider of communication technology while performing his or, her, or its duties as a notary public or provider of communication technology and may release the documents or the information to a 3rd person only with the written consent of the person who requested the services of the notary public or the provider of communication technology. The prohibition under this paragraph does not apply when the notary public or the provider of communication technology is complying with a request from a regulatory agency or supervisory agency or is responding to a lawful subpoena or court order.

AB293-ASA1,15 Section 15 . 137.01 (5m) (b) of the statutes is renumbered 140.02 (5m) (c) 1. and amended to read:

AB293-ASA1,7,8 140.02 (5m) (c) 1. Deposition A notary public or provider of communication technology may release deposition transcripts may be released to all parties of record in an action. A

AB293-ASA1,7,13 2. Subject to subd. 1., a notary public or provider of communication technology may not release deposition transcripts that have not been made part of the public record to a 3rd party without the written consent of all parties to the action and the deponent unless required by a regulatory agency or supervisory agency or in response to a lawful subpoena or court order.

AB293-ASA1,7,18 3. When a deposition transcript has been made part of the public record, a notary public who is also a court reporter may, subject to a protective order or agreement to the contrary, release the deposition transcript or sell the transcript to 3rd parties without the consent of the person who requested the services of the notary public.

AB293-ASA1,16 Section 16 . 137.01 (5m) (c) of the statutes is renumbered 140.02 (5m) (d) and amended to read:

AB293-ASA1,7,23 140.02 (5m) (d) Any notary public or provider of communication technology violating this subsection shall be subject to the provisions of sub. (8) and may be required to forfeit not more than $500 for each violation.

AB293-ASA1,17 Section 17 . 137.01 (6) of the statutes is renumbered 140.02 (6), and 140.02 (6) (a), as renumbered, is amended to read:

AB293-ASA1,8,3 140.02 (6) (a) The secretary of financial institutions department may certify to the official qualifications of any notary public and to the genuineness of the notary public's signature and seal or rubber stamp.

AB293-ASA1,18 Section 18. 137.01 (6m) of the statutes is renumbered 140.02 (6m) and amended to read:

AB293-ASA1,8,9 140.02 (6m) Change of residence. A notary public does not vacate his or her office by reason of his or her change of residence within the United States. Written notice of any change of address shall be given to the department of financial institutions within 10 days of the change.

AB293-ASA1,19 Section 19. 137.01 (7) of the statutes is renumbered 140.02 (7) and amended to read:

AB293-ASA1,8,21 140.02 (7) Official records to be filed. When any notary public ceases to hold office, the notary public, or in case of the notary public's death the notary public's personal representative, shall deposit the notary public's official records and papers with the department of financial institutions. If the notary or personal representative, after the records and papers come to his or her hands, neglects for 3 months to deposit them, he or she shall forfeit not less than $50 nor more than $500. If any person knowingly destroys, defaces, or conceals any records or papers of any notary public, the person shall forfeit not less than $50 nor more than $500, and shall be liable for all damages resulting to the party injured. The department of financial institutions shall receive and safely keep all such papers and records.

AB293-ASA1,20 Section 20. 137.01 (8) of the statutes is renumbered 140.02 (8).

AB293-ASA1,21 Section 21 . 137.01 (9) (title) of the statutes is renumbered 140.02 (9) (title).

AB293-ASA1,22 Section 22 . 137.01 (9) of the statutes is renumbered 140.02 (9), and 140.02 (9) (intro.), as renumbered, is amended to read:

AB293-ASA1,9,3 140.02 (9) Fees. (intro.) A Except when the department has established different fees as provided in s. 140.27 (1) (a) 1., a notary public shall be allowed the following fees:

AB293-ASA1,23 Section 23. 137.02 of the statutes is repealed.

AB293-ASA1,24 Section 24. Subchapter II (title) of chapter 137 [precedes 137.11] of the statutes is repealed.

AB293-ASA1,25 Section 25 . 137.11 (intro.) and (4) of the statutes are amended to read:

AB293-ASA1,9,8 137.11 Definitions. (intro.) In this subchapter chapter:

AB293-ASA1,9,10 (4) “Contract" means the total legal obligation resulting from the parties' agreement as affected by this subchapter chapter and other applicable law.

AB293-ASA1,26 Section 26 . 137.12 (1), (2) (intro.), (2m) (intro.), (2p), (2r) (intro.), (3), (4), (5) and (6) of the statutes are amended to read:

AB293-ASA1,9,15 137.12 (1) Except as otherwise provided in sub. (2) and except in ss. 137.25 and 137.26, this subchapter chapter applies to electronic records and electronic signatures relating to a transaction.

AB293-ASA1,9,17 (2) (intro.) Except as otherwise provided in sub. (3), this subchapter chapter does not apply to a transaction to the extent it is governed by:

AB293-ASA1,9,19 (2m) (intro.) This subchapter chapter does not apply to any of the following records or any transaction evidenced by any of the following records:

AB293-ASA1,9,23 (2p) This subchapter chapter applies to a transaction governed by the federal Electronic Signatures in Global and National Commerce Act, 15 USC 7001, et seq., but this subchapter chapter is not intended to limit, modify, or supersede 15 USC 7001 (c).

AB293-ASA1,10,3 (2r) (intro.) To the extent that it is excluded from the scope of 15 USC 7003, this subchapter chapter does not apply to a notice to the extent that it is governed by a law requiring the furnishing of any notice of:

AB293-ASA1,10,7 (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).

AB293-ASA1,10,9 (4) A transaction subject to this subchapter chapter is also subject to other applicable substantive law.

AB293-ASA1,10,11 (5) This subchapter chapter applies to the state of Wisconsin, unless otherwise expressly provided.

AB293-ASA1,10,13 (6) To the extent there is a conflict between this subchapter chapter and ch. 407, ch. 407 governs.

AB293-ASA1,27 Section 27 . 137.13 (1), (2), (4) and (5) of the statutes are amended to read:

AB293-ASA1,10,17 137.13 (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.

AB293-ASA1,10,21 (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.

AB293-ASA1,11,2 (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.

AB293-ASA1,11,4 (5) Whether an electronic record or electronic signature has legal consequences is determined by this subchapter chapter and other applicable law.

AB293-ASA1,28 Section 28 . 137.14 (intro.) and (3) of the statutes are amended to read:

AB293-ASA1,11,7 137.14 Construction. (intro.) This subchapter chapter shall be construed and applied:

AB293-ASA1,11,11 (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.

AB293-ASA1,29 Section 29 . 137.16 (2) (intro.) and (4) (a) and (b) of the statutes are amended to read:

AB293-ASA1,11,17 137.16 (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:

AB293-ASA1,11,22 (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

AB293-ASA1,11,25 (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.

AB293-ASA1,30 Section 30. 137.20 (7) of the statutes is amended to read:

AB293-ASA1,12,5 137.20 (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.

AB293-ASA1,31 Section 31 . Chapter 140 (title) of the statutes is created to read: