LRBs0145/1
ARG:amn
2019 - 2020 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 317
October 28, 2019 - Offered by Senator Olsen.
SB317-SSA1,2,7
1An Act to repeal subchapter I (title) of chapter 137 [precedes 137.01], 137.02,
2subchapter II (title) of chapter 137 [precedes 137.11] and 706.07;
to renumber
3137.01 (title), 137.01 (5), 137.01 (5m) (title), 137.01 (8) and 137.01 (9) (title);
to
4renumber and amend 137.01 (1), 137.01 (2), 137.01 (3), 137.01 (4), 137.01
5(5m) (a), 137.01 (5m) (b), 137.01 (5m) (c), 137.01 (6), 137.01 (6m), 137.01 (7) and
6137.01 (9);
to amend 15.01 (4), 15.185 (title), 20.575 (1) (g), chapter 137 (title),
7137.11 (intro.) and (4), 137.12 (1), (2) (intro.), (2m) (intro.), (2p), (2r) (intro.), (3),
8(4), (5) and (6), 137.13 (1), (2), (4) and (5), 137.14 (intro.) and (3), 137.16 (2)
9(intro.) and (4) (a) and (b), 137.20 (7), 236.21 (2) (a), 236.295 (1) (b), 244.05,
10244.19 (1), 407.103 (4), 610.60 (2) (a), 703.33 (9), 706.05 (2) (b), 706.05 (8),
11706.06 (1), 706.085 (2) (a), 708.15 (10) (g), 801.18 (11) (a), 801.18 (11) (e),
12857.015, 867.045 (2), 867.046 (3), 887.01 (1), 887.01 (3), 887.015 (4) (b) 4., 968.12
13(2) and 990.01 (38); and
to create 15.185 (8), chapter 140 (title), 140.01, 140.02
1(5m) (a), 140.04, 140.05, 140.06, 140.07, 140.08, 140.09, 140.10, 140.11, 140.12,
2140.13, 140.14, 140.145, 140.15, 140.16, 140.17, 140.18, 140.20, 140.24, 140.26,
3140.27, 140.30, 140.31 and 140.34 of the statutes;
relating to: adopting
4provisions of the revised uniform law on notarial acts and repealing a prior
5uniform law on notarial acts, creating a remote notary council, commissioners
6of deeds, providing an exemption from emergency rule procedures, and
7granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB317-SSA1,1
8Section 1
. 15.01 (4) of the statutes is amended to read:
SB317-SSA1,2,169
15.01
(4) “Council" means a part-time body appointed to function on a
10continuing basis for the study, and recommendation of solutions and policy
11alternatives, of the problems arising in a specified functional area of state
12government, except the council on physical disabilities has the powers and duties
13specified in s. 46.29 (1) and (2), the state council on alcohol and other drug abuse has
14the powers and duties specified in s. 14.24,
and the electronic recording council has
15the powers and duties specified in s. 706.25 (4)
, and the remote notary council has
16the powers and duties specified in s. 140.145 (11).
SB317-SSA1,2
17Section 2
. 15.185 (title) of the statutes is amended to read:
SB317-SSA1,2,18
1815.185 (title)
Same; attached boards
and, offices, and councils
.
SB317-SSA1,3
19Section 3
. 15.185 (8) of the statutes is created to read:
SB317-SSA1,2,2120
15.185
(8) Remote notary council. (a) There is created a remote notary council
21which is attached to the department of financial institutions under s. 15.03.
SB317-SSA1,2,2322
(b) The council shall be composed of the following members appointed for
233-year terms:
SB317-SSA1,3,1
11. One member who represents an association of title insurance companies.
SB317-SSA1,3,22
2. One member who represents attorneys who practice real estate law.
SB317-SSA1,3,33
3. One member who represents an association of bankers.
SB317-SSA1,3,54
4. One member who represents the providers of communication technology
5used to perform a notarial act involving a remotely located individual.
SB317-SSA1,3,66
5. The secretary of financial institutions or the secretary's designee.
SB317-SSA1,4
7Section
4. 20.575 (1) (g) of the statutes is amended to read:
SB317-SSA1,3,148
20.575
(1) (g)
Program fees. The amounts in the schedule for the purpose of
9carrying out general program operations. Except as provided under par. (ka), all
10amounts received by the secretary of state, including
fees under s. 137.02 and all
11moneys transferred from the appropriation under s. 20.144 (1) (g), shall be credited
12to this appropriation. Notwithstanding s. 20.001 (3) (a), any unencumbered balance
13at the close of a fiscal year exceeding 10 percent of that fiscal year's expenditures
14under this appropriation shall lapse to the general fund.
SB317-SSA1,5
15Section
5. Chapter 137 (title) of the statutes is amended to read:
SB317-SSA1,3,1816
CHAPTER 137
17AUTHENTICATIONS AND ELECTRONIC
18
TRANSACTIONS AND RECORDS
SB317-SSA1,6
19Section
6. Subchapter I (title) of chapter 137 [precedes 137.01] of the statutes
20is repealed.
SB317-SSA1,7
21Section
7. 137.01 (title) of the statutes is renumbered 140.02 (title).
SB317-SSA1,8
22Section 8
. 137.01 (1) of the statutes is renumbered 140.02 (1), and 140.02 (1)
23(a), (b), (d), (e) and (g), as renumbered, are amended to read:
SB317-SSA1,4,224
140.02
(1) (a) The
secretary of financial institutions department shall appoint
25notaries public who shall be United States residents and at least 18 years of age.
1Applicants who are not attorneys shall file an application with the department
of
2financial institutions and pay a $20 fee.
SB317-SSA1,4,63
(b) The
secretary of financial institutions
department shall satisfy
himself or
4herself itself that the applicant has the equivalent of an 8th grade education, is
5familiar with the duties and responsibilities of a notary public and, subject to ss.
6111.321, 111.322 and 111.335, does not have an arrest or conviction record.
SB317-SSA1,4,107
(d) Qualified applicants shall be notified by the department
of financial
8institutions to take and file the official oath and execute and file an official bond in
9the sum of $500, with a surety executed by a surety company and approved by the
10secretary of financial institutions department.
SB317-SSA1,4,1311
(e) The qualified applicant shall file his or her signature, post-office address
, 12and an impression of his or her official seal, or imprint of his or her official rubber
13stamp
, with the department
of financial institutions.
SB317-SSA1,4,1614
(g) At least 30 days before the expiration of a commission the department
of
15financial institutions shall
mail provide notice of the expiration date to the holder of
16a commission.
SB317-SSA1,9
17Section
9. 137.01 (2) of the statutes is renumbered 140.02 (2) and amended
18to read:
SB317-SSA1,4,2519
140.02
(2) Notaries public who are attorneys. (a) Except as provided in par.
20(am), any United States resident who is licensed to practice law in this state is
21entitled to a permanent commission as a notary public upon application to the
22department
of financial institutions and payment of a $50 fee. The application shall
23include a certificate of good standing from the supreme court, the signature and
24post-office address of the applicant and an impression of the applicant's official seal,
25or imprint of the applicant's official rubber stamp.
SB317-SSA1,5,8
1(am) If a United States resident has his or her license to practice law in this
2state suspended or revoked, upon reinstatement of his or her license to practice law
3in this state, the person may be entitled to receive a certificate of appointment as a
4notary public for a term of 4 years. An eligible notary appointed under this
5paragraph is entitled to reappointment for 4-year increments. At least 30 days
6before the expiration of a commission under this paragraph the department
of
7financial institutions shall
mail provide notice of the expiration date to the holder of
8the commission.
SB317-SSA1,5,129
(b) The
secretary of financial institutions
department shall issue a certificate
10of appointment as a notary public to persons who qualify under the requirements of
11this subsection. The certificate shall state that the notary commission is permanent
12or is for 4 years.
SB317-SSA1,5,1613
(c) The supreme court shall file with the department
of financial institutions 14notice of the surrender, suspension
, or revocation of the license to practice law of any
15attorney who holds a permanent commission as a notary public. Such notice shall
16be deemed a revocation of said commission.
SB317-SSA1,10
17Section 10
. 137.01 (3) of the statutes is renumbered 140.02 (3), and 140.02 (3)
18(a), as renumbered, is amended to read:
SB317-SSA1,5,2519
140.02
(3) (a) Except as authorized in s. 137.19,
and except as provided in s.
20140.17, every notary public shall provide an engraved official seal which makes a
21distinct and legible impression or official rubber stamp which makes a distinct and
22legible imprint on paper. The impression of the seal or the imprint of the rubber
23stamp shall state only the following: “Notary Public," “State of Wisconsin" and the
24name of the notary. But any notarial seal in use on August 1, 1959, shall be
25considered in compliance.
SB317-SSA1,11
1Section
11. 137.01 (4) of the statutes is renumbered 140.02 (4), and 140.02 (4)
2(a) and (b), as renumbered, are amended to read:
SB317-SSA1,6,43
140.02
(4) (a) Every official act of a notary public shall be attested by the notary
4public's written signature or electronic signature
, as defined in s. 137.11 (8).
SB317-SSA1,6,125
(b) Except as authorized in s. 137.19,
and except when a notary public properly
6uses an official stamp under s. 140.17, all certificates of acknowledgments of deeds
7and other conveyances, or any written instrument required or authorized by law to
8be acknowledged or sworn to before any notary public, within this state, shall be
9attested by a clear impression of the official seal or imprint of the rubber stamp of
10said officer, and in addition thereto shall be written or stamped either the day, month
11and year when the commission of said notary public will expire, or that such
12commission is permanent.
SB317-SSA1,12
13Section
12. 137.01 (5) of the statutes is renumbered 140.02 (5).
SB317-SSA1,13
14Section 13
. 137.01 (5m) (title) of the statutes is renumbered 140.02 (5m)
15(title).
SB317-SSA1,14
16Section 14
. 137.01 (5m) (a) of the statutes is renumbered 140.02 (5m) (b) and
17amended to read:
SB317-SSA1,7,518
140.02
(5m) (b) Except as provided in par.
(b) (c), a notary public
or any provider
19of communication technology shall keep confidential all documents and information
20provided to the notary public or provider of communication technology or contained
21in any documents reviewed by the notary public
or provider of communication
22technology while performing his
or, her
, or its duties as a notary public
or provider
23of communication technology and may release the documents or the information to
24a 3rd person only with the
separate written consent
, independent from any other
25consent, permission, disclosure, or acknowledgement, in a manner consistent with
1applicable law, of the person who requested the services of the notary public
or the
2provider of communication technology. The prohibition under this paragraph does
3not apply when the notary public or the provider of communication technology is
4complying with a request from a regulatory agency or supervisory agency or is
5responding to a lawful subpoena or court order.
SB317-SSA1,15
6Section 15
. 137.01 (5m) (b) of the statutes is renumbered 140.02 (5m) (c) 1. and
7amended to read:
SB317-SSA1,7,108
140.02
(5m) (c) 1.
Deposition
A notary public or provider of communication
9technology may release deposition transcripts
may be released to all parties of record
10in an action.
A
SB317-SSA1,7,15
112. Subject to subd. 1., a notary public
or provider of communication technology 12may not release deposition transcripts that have not been made part of the public
13record to a 3rd party without the written consent of all parties to the action and the
14deponent
unless required by a regulatory agency or supervisory agency or in
15response to a lawful subpoena or court order.
SB317-SSA1,7,20
163. When a deposition transcript has been made part of the public record, a
17notary public who is also a court reporter may, subject to a protective order or
18agreement to the contrary, release the deposition transcript or sell the transcript to
193rd parties without the consent of the person who requested the services of the notary
20public.
SB317-SSA1,16
21Section 16
. 137.01 (5m) (c) of the statutes is renumbered 140.02 (5m) (d) and
22amended to read:
SB317-SSA1,7,2523
140.02
(5m) (d) Any notary public
or provider of communication technology 24violating this subsection shall be subject to the provisions of sub. (8) and may be
25required to forfeit not more than $500
for each violation.
SB317-SSA1,17
1Section
17. 137.01 (6) of the statutes is renumbered 140.02 (6), and 140.02 (6)
2(a), as renumbered, is amended to read:
SB317-SSA1,8,53
140.02
(6) (a) The
secretary of financial institutions department may certify
4to the official qualifications of any notary public and to the genuineness of the notary
5public's signature and seal or rubber stamp.
SB317-SSA1,18
6Section
18. 137.01 (6m) of the statutes is renumbered 140.02 (6m) and
7amended to read:
SB317-SSA1,8,118
140.02
(6m) Change of residence. A notary public does not vacate his or her
9office by reason of his or her change of residence within the United States. Written
10notice of any change of address shall be given to the department
of financial
11institutions within 10 days of the change.
SB317-SSA1,19
12Section
19. 137.01 (7) of the statutes is renumbered 140.02 (7) and amended
13to read:
SB317-SSA1,8,2314
140.02
(7) Official records to be filed. When any notary public ceases to hold
15office, the notary public, or in case of the notary public's death the notary public's
16personal representative, shall deposit the notary public's official records and papers
17with the department
of financial institutions. If the notary or personal
18representative, after the records and papers come to his or her hands, neglects for
193 months to deposit them, he or she shall forfeit not less than $50 nor more than $500.
20If any person knowingly destroys, defaces, or conceals any records or papers of any
21notary public, the person shall forfeit not less than $50 nor more than $500, and shall
22be liable for all damages resulting to the party injured. The department
of financial
23institutions shall receive and safely keep all such papers and records.
SB317-SSA1,20
24Section
20. 137.01 (8) of the statutes is renumbered 140.02 (8).
SB317-SSA1,21
25Section 21
. 137.01 (9) (title) of the statutes is renumbered 140.02 (9) (title).
SB317-SSA1,22
1Section
22. 137.01 (9) of the statutes is renumbered 140.02 (9), and 140.02 (9)
2(intro.), as renumbered, is amended to read:
SB317-SSA1,9,53
140.02
(9) Fees. (intro.)
A Except when the department has established
4different fees as provided in s. 140.27 (1) (a) 1., a notary public shall be allowed the
5following fees:
SB317-SSA1,24
7Section
24. Subchapter II (title) of chapter 137 [precedes 137.11] of the
8statutes is repealed.
SB317-SSA1,25
9Section 25
. 137.11 (intro.) and (4) of the statutes are amended to read:
SB317-SSA1,9,10
10137.11 Definitions. (intro.) In this
subchapter chapter:
SB317-SSA1,9,12
11(4) “Contract" means the total legal obligation resulting from the parties'
12agreement as affected by this
subchapter chapter and other applicable law.
SB317-SSA1,26
13Section 26
. 137.12 (1), (2) (intro.), (2m) (intro.), (2p), (2r) (intro.), (3), (4), (5)
14and (6) of the statutes are amended to read:
SB317-SSA1,9,1715
137.12
(1) Except as otherwise provided in sub. (2) and except in ss. 137.25 and
16137.26, this
subchapter chapter applies to electronic records and electronic
17signatures relating to a transaction.
SB317-SSA1,9,19
18(2) (intro.) Except as otherwise provided in sub. (3), this
subchapter chapter 19does not apply to a transaction to the extent it is governed by:
SB317-SSA1,9,21
20(2m) (intro.) This
subchapter
chapter does not apply to any of the following
21records or any transaction evidenced by any of the following records:
SB317-SSA1,9,25
22(2p) This
subchapter chapter applies to a transaction governed by the federal
23Electronic Signatures in Global and National Commerce Act,
15 USC 7001, et seq.,
24but this
subchapter chapter is not intended to limit, modify, or supersede
15 USC
257001 (c).