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SB317-SSA1,10,9 8(4) A transaction subject to this subchapter chapter is also subject to other
9applicable substantive law.
SB317-SSA1,10,11 10(5) This subchapter chapter applies to the state of Wisconsin, unless otherwise
11expressly provided.
SB317-SSA1,10,13 12(6) To the extent there is a conflict between this subchapter chapter and ch. 407,
13ch. 407 governs.
SB317-SSA1,27 14Section 27 . 137.13 (1), (2), (4) and (5) of the statutes are amended to read:
SB317-SSA1,10,1715 137.13 (1) This subchapter chapter does not require a record or signature to
16be created, generated, sent, communicated, received, stored, or otherwise processed
17or used by electronic means or in electronic form.
SB317-SSA1,10,21 18(2) This subchapter chapter applies only to transactions between parties each
19of which has agreed to conduct transactions by electronic means. Whether the
20parties agree to conduct a transaction by electronic means is determined from the
21context and surrounding circumstances, including the parties' conduct.
SB317-SSA1,11,2 22(4) Except as otherwise provided in this subchapter chapter, the effect of any
23provision of this subchapter chapter may be varied by agreement. Use of the words
24“unless otherwise agreed," or words of similar import, in this subchapter chapter

1shall not be interpreted to preclude other provisions of this subchapter chapter from
2being varied by agreement.
SB317-SSA1,11,4 3(5) Whether an electronic record or electronic signature has legal consequences
4is determined by this subchapter chapter and other applicable law.
SB317-SSA1,28 5Section 28 . 137.14 (intro.) and (3) of the statutes are amended to read:
SB317-SSA1,11,7 6137.14 Construction. (intro.) This subchapter chapter shall be construed
7and applied:
SB317-SSA1,11,11 8(3) To effectuate its general purpose to make uniform the law with respect to
9the subject of this subchapter chapter among states enacting laws substantially
10similar to the Uniform Electronic Transactions Act as approved and recommended
11by the National Conference of Commissioners on Uniform State Laws in 1999.
SB317-SSA1,29 12Section 29 . 137.16 (2) (intro.) and (4) (a) and (b) of the statutes are amended
13to read:
SB317-SSA1,11,1714 137.16 (2) (intro.) If a law other than this subchapter chapter requires a record
15to be posted or displayed in a certain manner, to be sent, communicated, or
16transmitted by a specified method, or to contain information that is formatted in a
17certain manner, then:
SB317-SSA1,11,22 18(4) (a) To the extent a law other than this subchapter chapter requires
19information to be provided, sent, or delivered in writing but permits that
20requirement to be varied by agreement, the requirement under sub. (1) that the
21information be in the form of an electronic record capable of retention may also be
22varied by agreement; and
SB317-SSA1,11,2523 (b) A requirement under a law other than this subchapter chapter to send,
24communicate, or transmit a record by 1st-class or regular mail or with postage
25prepaid may be varied by agreement to the extent permitted by the other law.
1Section 30. 137.20 (7) of the statutes is amended to read:
SB317-SSA1,12,52 137.20 (7) The public records board may promulgate rules prescribing
3standards consistent with this subchapter chapter for retention of records by state
4agencies, the University of Wisconsin Hospitals and Clinics Authority and local
5governmental units.
SB317-SSA1,31 6Section 31 . Chapter 140 (title) of the statutes is created to read:
SB317-SSA1,12,77 CHAPTER 140
SB317-SSA1,32 9Section 32 . 140.01 of the statutes is created to read:
SB317-SSA1,12,10 10140.01 Definitions. In this chapter:
SB317-SSA1,12,15 11(1) “Acknowledgment” means a declaration by an individual before a notarial
12officer that the individual has signed a record for the purpose stated in the record
13and, if the record is signed in a representative capacity, that the individual signed
14the record with proper authority and signed it as the act of the individual or entity
15identified in the record.
SB317-SSA1,12,16 16(2) “Department” means the department of financial institutions.
SB317-SSA1,12,17 17(3) “Domestic partner" has the meaning given in s. 770.01 (1).
SB317-SSA1,12,19 18(4) “Electronic” means relating to technology having electrical, digital,
19magnetic, wireless, optical, electromagnetic, or similar capabilities.
SB317-SSA1,12,22 20(5) “Electronic signature” means an electronic symbol, sound, or process
21attached to or logically associated with a record and executed or adopted by an
22individual with the intent to sign the record.
SB317-SSA1,12,23 23(6) “In a representative capacity” means acting as any of the following:
SB317-SSA1,12,2524 (a) An authorized officer, agent, partner, trustee, or other representative for a
25person other than an individual.
1(b) A public officer, personal representative, guardian, or other representative,
2in the capacity stated in a record.
SB317-SSA1,13,33 (c) An agent or attorney-in-fact for a principal.
SB317-SSA1,13,44 (d) An authorized representative of another in any other capacity.
SB317-SSA1,13,9 5(7) “Notarial act” means an act, whether performed with respect to a tangible
6or electronic record, that a notarial officer may perform under the law of this state.
7The term includes taking an acknowledgment, administering an oath or affirmation,
8taking a verification on oath or affirmation, witnessing or attesting a signature,
9certifying or attesting a copy, and noting a protest of a negotiable instrument.
SB317-SSA1,13,11 10(8) “Notarial officer” means a notary public or other individual authorized to
11perform a notarial act.
SB317-SSA1,13,13 12(9) “Notary public” means an individual commissioned to perform a notarial
SB317-SSA1,13,16 14(10) “Official stamp” means a physical image affixed to or embossed on a
15tangible record or an electronic image attached to or logically associated with an
16electronic record.
SB317-SSA1,13,20 17(11) “Person” means an individual, corporation, business trust, statutory trust,
18estate, trust, partnership, limited liability company, association, joint venture,
19public corporation, government or governmental subdivision, agency, or
20instrumentality, or any other legal or commercial entity.
SB317-SSA1,13,22 21(12) “Record” means information that is inscribed on a tangible medium or that
22is stored in an electronic or other medium and is retrievable in perceivable form.
SB317-SSA1,13,24 23(13) “Sign” means, with present intent to authenticate or adopt a record, any
24of the following:
SB317-SSA1,13,2525 (a) To execute or adopt a tangible symbol.
1(b) To attach to or logically associate with the record an electronic symbol,
2sound, or process.
SB317-SSA1,14,4 3(14) “Signature” means a tangible symbol or an electronic signature that
4evidences the signing of a record.
SB317-SSA1,14,5 5(15) “Stamping device” means any of the following:
SB317-SSA1,14,76 (a) A physical device capable of affixing to or embossing on a tangible record
7an official stamp.
SB317-SSA1,14,98 (b) An electronic device or process capable of attaching to or logically
9associating with an electronic record an official stamp.
SB317-SSA1,14,12 10(16) “State” means a state of the United States, the District of Columbia,
11Puerto Rico, the U.S. Virgin Islands, or any territory or insular possession subject
12to the jurisdiction of the United States.
SB317-SSA1,14,14 13(17) “Tamper-evident” means that any change to a record generates evidence
14of the change.
SB317-SSA1,14,17 15(18) “Verification on oath or affirmation” means a declaration, made by an
16individual on oath or affirmation before a notarial officer, that a statement in a record
17is true.
SB317-SSA1,33 18Section 33 . 140.02 (5m) (a) of the statutes is created to read:
SB317-SSA1,14,2019 140.02 (5m) (a) In this subsection, “communication technology” has the
20meaning given in s. 140.145 (1) (a).
SB317-SSA1,34 21Section 34 . 140.04 of the statutes is created to read:
SB317-SSA1,14,24 22140.04 Authority to perform notarial act. (1) A notarial officer may
23perform a notarial act authorized by this chapter or by law of this state other than
24this chapter.
1(2) A notarial officer may not perform a notarial act with respect to a record to
2which the officer or the officer's spouse or domestic partner is a party or in which
3either of them has a direct beneficial interest. A notarial act performed in violation
4of this subsection is voidable.
SB317-SSA1,15,6 5(3) A notarial officer may certify that a tangible copy of an electronic record is
6an accurate copy of the electronic record.
SB317-SSA1,35 7Section 35 . 140.05 of the statutes is created to read:
SB317-SSA1,15,12 8140.05 Requirements for certain notarial acts. (1) A notarial officer who
9takes an acknowledgment of a record shall determine, from personal knowledge or
10satisfactory evidence of the identity of the individual, that the individual appearing
11before the officer and making the acknowledgment has the identity claimed and that
12the signature on the record is the signature of the individual.
SB317-SSA1,15,17 13(2) A notarial officer who takes a verification of a statement on oath or
14affirmation shall determine, from personal knowledge or satisfactory evidence of the
15identity of the individual, that the individual appearing before the officer and
16making the verification has the identity claimed and that the signature on the
17statement verified is the signature of the individual.
SB317-SSA1,15,21 18(3) A notarial officer who witnesses or attests to a signature shall determine,
19from personal knowledge or satisfactory evidence of the identity of the individual,
20that the individual appearing before the officer and signing the record has the
21identity claimed.
SB317-SSA1,15,24 22(4) A notarial officer who certifies or attests a copy of a record or an item that
23was copied shall determine that the copy is a full, true, and accurate transcription
24or reproduction of the record or item.
1(5) A notarial officer who makes or notes a protest of a negotiable instrument
2shall determine the matters set forth in s. 403.505 (2).
SB317-SSA1,36 3Section 36 . 140.06 of the statutes is created to read:
SB317-SSA1,16,7 4140.06 Personal appearance required. If a notarial act relates to a
5statement made in or a signature executed on a record, the individual making the
6statement or executing the signature shall appear personally before the notarial
SB317-SSA1,37 8Section 37 . 140.07 of the statutes is created to read:
SB317-SSA1,16,12 9140.07 Identification of individual. (1) A notarial officer has personal
10knowledge of the identity of an individual appearing before the officer if the
11individual is personally known to the officer through dealings sufficient to provide
12reasonable certainty that the individual has the identity claimed.
SB317-SSA1,16,15 13(2) A notarial officer has satisfactory evidence of the identity of an individual
14appearing before the officer if the officer can identify the individual in any of the
15following ways:
SB317-SSA1,16,1616 (a) By means of any of the following:
SB317-SSA1,16,1917 1. A passport, vehicle operator's license, or government-issued identification
18card, which is current or expired not more than 3 years before performance of the
19notarial act.
SB317-SSA1,16,2320 2. Another form of government identification issued to an individual, which is
21current or expired not more than 3 years before performance of the notarial act,
22contains the signature or a photograph of the individual, and is satisfactory to the
SB317-SSA1,17,324 (b) By a verification on oath or affirmation of a credible witness personally
25appearing before the officer and known to the officer or whom the officer can identify

1on the basis of a passport, vehicle operator's license, or government-issued
2identification card, which is current or expired not more than 3 years before
3performance of the notarial act.
SB317-SSA1,17,6 4(3) A notarial officer may require an individual to provide additional
5information or identification credentials necessary to assure the officer of the
6identity of the individual.
SB317-SSA1,38 7Section 38 . 140.08 of the statutes is created to read:
SB317-SSA1,17,10 8140.08 Authority to refuse to perform notarial act. (1) A notarial officer
9may refuse to perform a notarial act if the officer is not satisfied with respect to any
10of the following:
SB317-SSA1,17,1211 (a) That the individual executing the record is competent or has the capacity
12to execute the record.
SB317-SSA1,17,1313 (b) That the individual's signature is knowingly and voluntarily made.
SB317-SSA1,17,15 14(2) A notarial officer may refuse to perform a notarial act unless refusal is
15prohibited by law other than this chapter.
SB317-SSA1,39 16Section 39 . 140.09 of the statutes is created to read:
SB317-SSA1,17,21 17140.09 Signature if individual unable to sign. If an individual is physically
18unable to sign a record, the individual may direct an individual other than the
19notarial officer to sign the individual's name on the record. The notarial officer shall
20insert “Signature affixed by (name of other individual) at the direction of (name of
21individual)” or words of similar import.
SB317-SSA1,40 22Section 40 . 140.10 of the statutes is created to read:
SB317-SSA1,17,24 23140.10 Notarial act in this state. (1) A notarial act may be performed within
24this state by any of the following persons of this state:
SB317-SSA1,17,2525 (a) A notary public of this state.
1(b) A judge, clerk, or deputy clerk of a court of record.
SB317-SSA1,18,22 (c) A court commissioner.
SB317-SSA1,18,33 (d) A register of deeds or deputy register of deeds.
SB317-SSA1,18,44 (e) A municipal judge.
SB317-SSA1,18,55 (f) A county clerk or deputy county clerk.
SB317-SSA1,18,8 6(2) The signature and title of an individual performing a notarial act in this
7state are prima facie evidence that the signature is genuine and that the individual
8holds the designated title.
SB317-SSA1,18,10 9(3) The signature and title of a notarial officer described in sub. (1) conclusively
10establish the authority of the officer to perform the notarial act.
SB317-SSA1,41 11Section 41 . 140.11 of the statutes is created to read:
SB317-SSA1,18,15 12140.11 Notarial act in another state. (1) A notarial act performed in
13another state has the same effect under the law of this state as if performed by a
14notarial officer of this state, if the act performed in that state is performed by any of
15the following: