Amendment SSA1-SB317

SB317-SSA1,31,12 140.20 Notification regarding performance of notarial act for remotely located individuals; selection of technology; acceptance of tangible copy of electronic record. (1) A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected.

SB317-SSA1,31,20 (2) Before a notary public performs the notary public's initial notarial act for a remotely located individual under s. 140.145, the notary public shall notify the department that the notary public will be performing notarial acts for remotely located individuals under s. 140.145 and identify the technology the notary public intends to use. If the department has established standards for approval of technology pursuant to s. 140.27, the technology must conform to the standards. If the technology conforms to the standards, the department shall approve the use of the technology.

SB317-SSA1,31,25 (3) A register of deeds may accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original, if the notarial officer executing the notarial certificate certifies or attests that the tangible copy is an accurate copy of the electronic record.

SB317-SSA1,51 Section 51. 140.24 of the statutes is created to read:

SB317-SSA1,32,3 140.24 Database of notaries public. The department shall maintain an electronic database of notaries public to which all of the following apply:

SB317-SSA1,32,5 (1) A person may verify through the database the authority of a notary public to perform notarial acts.

SB317-SSA1,32,8 (2) The database indicates whether a notary public has notified the department that the notary public will be performing notarial acts for remotely located individuals under s. 140.145.

SB317-SSA1,52 Section 52 . 140.26 of the statutes is created to read:

SB317-SSA1,32,17 140.26 Validity of notarial acts. Except as otherwise provided in s. 140.04 (2), the failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on law of this state other than this chapter or law of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts.

SB317-SSA1,53 Section 53 . 140.27 of the statutes is created to read:

SB317-SSA1,32,21 140.27 Rules; powers of the department. (1) (a) Subject to pars. (b) and (c), the department shall promulgate rules to implement this chapter. These rules shall do all of the following:

SB317-SSA1,32,23 1. Establish maximum fees that may be charged by a notary public for performing a notarial act for a remotely located individual.

SB317-SSA1,32,25 2. Prescribe the manner of performing notarial acts regarding tangible and electronic records.

SB317-SSA1,33,2 3. Include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident.

SB317-SSA1,33,4 4. Include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures.

SB317-SSA1,33,7 5. Prescribe the process of granting, renewing, conditioning, denying, suspending, or revoking a notary public commission and assuring the trustworthiness of an individual holding a commission as a notary public.

SB317-SSA1,33,9 6. Include provisions to prevent fraud or mistake in the performance of notarial acts.

SB317-SSA1,33,13 (b) Rules promulgated under par. (a) regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification.

SB317-SSA1,33,16 (c) In promulgating rules under par. (a) about notarial acts with respect to electronic records, the department shall consider, so far as is consistent with this chapter, all of the following:

SB317-SSA1,33,18 1. The most recent standards regarding electronic records promulgated by national bodies, such as the National Association of Secretaries of State.

SB317-SSA1,33,21 2. Standards, practices, and customs of other jurisdictions that substantially enact the revised uniform law on notarial acts (2018) or any subsequent version of this act.

SB317-SSA1,33,22 3. The views of governmental officials, entities, and other interested persons.

SB317-SSA1,33,24 (2) The department has the power, jurisdiction, and authority to do any of the following:

SB317-SSA1,34,6 (a) Investigate to determine whether a person has violated, is violating, or is about to violate this chapter or a rule promulgated or order issued under this chapter. For the purpose of an investigation under the chapter, the department may administer oaths and affirmations, issue subpoenas, take evidence, require the filing of statements, require testimony, and require the production of any records that the department considers relevant or material to the investigation.

SB317-SSA1,34,11 (b) Revoke, suspend, or restrict any commission or registration issued under this chapter if the department determines that the person holding the commission or registration has refused to comply with an investigation demand under par. (a) or has violated, is violating, or is about to violate this chapter or any rule promulgated or order issued under this chapter.

SB317-SSA1,54 Section 54 . 140.30 of the statutes is created to read:

SB317-SSA1,34,15 140.30 Uniformity of application and construction. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

SB317-SSA1,55 Section 55 . 140.31 of the statutes is created to read:

SB317-SSA1,34,22 140.31 Relation to electronic signatures in global and national commerce act. This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 to 7031, but does not modify, limit, or supersede section 101 (c) of that act, 15 USC 7001 (c), or authorize electronic delivery of any of the notices described in section 103 (b) of that act, 15 USC 7003 (b).

SB317-SSA1,56 Section 56 . 140.34 of the statutes is created to read:

SB317-SSA1,34,25 140.34 Short title. This chapter may be cited as the Revised Uniform Law on Notarial Acts (2018).

SB317-SSA1,57 Section 57. 236.21 (2) (a) of the statutes is amended to read:

SB317-SSA1,35,10 236.21 (2) (a) A certificate by the owner of the land in substantially the following form: “As owner I hereby certify that I caused the land described on this plat to be surveyed, divided, mapped and dedicated as represented on the plat. I also certify that this plat is required by s. 236.10 or 236.12 to be submitted to the following for approval or objection: (list of governing bodies required to approve or allowed to object to the plat)." This certificate shall be signed by the owner, the owner's spouse, and all persons holding an interest in the fee of record or by being in possession and, if the land is mortgaged, by the mortgagee of record. These signatures shall be acknowledged in accordance with s. 706.07 ch. 140.

SB317-SSA1,58 Section 58. 236.295 (1) (b) of the statutes is amended to read:

SB317-SSA1,35,13 236.295 (1) (b) Ratifications of a recorded plat or certified survey map signed and acknowledged in accordance with s. 706.07 ch. 140.

SB317-SSA1,59 Section 59. 244.05 of the statutes is amended to read:

SB317-SSA1,35,20 244.05 Execution of power of attorney. To execute a power of attorney the principal must sign the power of attorney or another individual, in the principal's conscious presence and directed by the principal, must sign the principal's name on the power of attorney. A signature of the principal on a power of attorney is presumed to be genuine if the principal makes an acknowledgment of the power of attorney before a notarial officer authorized under s. 706.07 ch. 140 to take acknowledgments.

SB317-SSA1,60 Section 60. 244.19 (1) of the statutes is amended to read:

SB317-SSA1,35,24 244.19 (1) For purposes of this section and s. 244.20, “acknowledged" means the taking of an acknowledgment before a notarial officer authorized to take acknowledgements under s. 706.07 ch. 140.

SB317-SSA1,61 Section 61. 407.103 (4) of the statutes is amended to read:

SB317-SSA1,36,2 407.103 (4) To the extent there is a conflict between subch. II of ch. 137 and this chapter, this chapter governs.

SB317-SSA1,62 Section 62. 610.60 (2) (a) of the statutes is amended to read:

SB317-SSA1,36,8 610.60 (2) (a) Subject to par. (c), subs. (3) and (5) (b), and s. 137.12 (2r) (c), notice to a party, and any other document that is required under applicable law in an insurance transaction or that serves as evidence of insurance coverage, may be stored, presented, and delivered by electronic means, as long as the notice or other document meets the requirements of subch. II of ch. 137.

SB317-SSA1,63 Section 63. 703.33 (9) of the statutes is amended to read:

SB317-SSA1,36,12 703.33 (9) Electronic delivery. The information required under subs. (1) and (2) may be delivered electronically in accordance with 15 USC 7001 (c), subch. II of ch. 137, and any other requirements that are prescribed by law.

SB317-SSA1,64 Section 64. 706.05 (2) (b) of the statutes is amended to read:

SB317-SSA1,36,15 706.05 (2) (b) Contain a form of authentication authorized by s. 706.06 or 706.07 ch. 140;

SB317-SSA1,65 Section 65. 706.05 (8) of the statutes is amended to read:

SB317-SSA1,36,21 706.05 (8) A duly recorded certificate signed by or on behalf of the holder of record of any mortgage or other security interest in lands, and authenticated as provided by s. 706.06 or 706.07 ch. 140 identifying the mortgage or other interest and stating that the same has been paid or satisfied in whole or in part, shall be sufficient to satisfy such mortgage or other interest of record.

SB317-SSA1,66 Section 66. 706.06 (1) of the statutes is amended to read:

SB317-SSA1,36,25 706.06 (1) Any instrument may be acknowledged, or its execution otherwise authenticated by its signators, as provided by the laws of this state; or as provided in this section or s. 706.07 ch. 140.

SB317-SSA1,67 Section 67. 706.07 of the statutes is repealed.

SB317-SSA1,68 Section 68. 706.085 (2) (a) of the statutes is amended to read:

SB317-SSA1,37,7 706.085 (2) (a) A correction instrument shall be acknowledged or authenticated in accordance with s. 706.06 or 706.07 ch. 140. It shall recite the document number of the conveyance, the names of the grantor and grantee, and, if given on the conveyance, the volume and page where the conveyance is filed or recorded.

SB317-SSA1,69 Section 69. 708.15 (10) (g) of the statutes is amended to read:

SB317-SSA1,37,10 708.15 (10) (g) Be signed by the satisfaction agent, as provided in sub. (9) (am), and contain a form of authentication authorized by s. 706.06 or 706.07 ch. 140.

SB317-SSA1,70 Section 70. 801.18 (11) (a) of the statutes is amended to read:

SB317-SSA1,37,14 801.18 (11) (a) Notaries public who hold valid appointments under ch. 137 140 may issue certificates of notarial acts for electronically filed documents as provided in this section.

SB317-SSA1,71 Section 71. 801.18 (11) (e) of the statutes is amended to read:

SB317-SSA1,37,19 801.18 (11) (e) Notwithstanding s. 706.07 (8) (c), an An electronically filed complaint under ch. 799 may be verified by applying the electronic signature of the plaintiff or the plaintiff's attorney to a written oath attesting that the facts of the complaint are true, without swearing to the oath in front of a notarial officer.

SB317-SSA1,72 Section 72. 857.015 of the statutes is amended to read:

SB317-SSA1,38,7 857.015 Management and control of certain business property by holding spouse. A spouse who holds property described under s. 766.70 (3) (a), (b) or (d) which is not also held by the other spouse may direct in a will or other signed writing that the marital property interest of the nonholding spouse in such property be satisfied as provided under s. 861.015. The holding spouse shall identify in a will or other signed writing the property described under s. 766.70 (3) (a), (b) or (d) to which the directive applies. The signature of the holding spouse on a directive other than a will shall be acknowledged, attested or witnessed under s. 706.07 ch. 140. The estate of the holding spouse may not execute a directive under this section. If at the death of a spouse the surviving spouse is the holding spouse, the surviving spouse may execute a directive under this section if executed within 90 days after the decedent spouse's death.

SB317-SSA1,73 Section 73. 867.045 (2) of the statutes is amended to read:

SB317-SSA1,38,12 867.045 (2) The register of deeds or other person authorized under s. 706.06 or 706.07 ch. 140 shall complete a statement at the foot of the application, declaring that the applicant appeared before him or her and verified, under oath, the correctness of the information required by sub. (1).

SB317-SSA1,74 Section 74. 867.046 (3) of the statutes is amended to read:

SB317-SSA1,38,18 867.046 (3) Completion of application. The register of deeds or other person authorized under s. 706.06 or 706.07 ch. 140 shall complete a statement at the foot of the application, declaring that the applicant or, if the applicant is not an individual, a representative of the applicant appeared before him or her and verified, under oath, the correctness of the information required by sub. (2).

SB317-SSA1,75 Section 75. 887.01 (1) of the statutes is amended to read:

SB317-SSA1,39,5 887.01 (1) Within the state. An oath or affidavit required or authorized by law, except oaths to jurors and witnesses on a trial and such other oaths as are required by law to be taken before particular officers, may be taken before any judge, court commissioner, resident U.S. commissioner who has complied with s. 706.07 ch. 140, clerk, deputy clerk or calendar clerk of a court of record, court reporter, notary public, town clerk, village clerk, city clerk, municipal judge, county clerk or the clerk's deputy within the territory in which the officer is authorized to act, school district clerk with respect to any oath required by the elections laws; and, when certified by the officer to have been taken before him or her, may be read and used in any court and before any officer, board or commission. Oaths may be administered by any person mentioned in s. 885.01 (3) and (4) to any witness examined before him or her.

SB317-SSA1,76 Section 76. 887.01 (3) of the statutes is amended to read:

SB317-SSA1,39,9 887.01 (3) Officer in armed forces. In every instance where an officer in the armed forces is authorized by s. 706.07 (5) 140.13 to take an acknowledgment, the officer may administer an oath.

SB317-SSA1,77 Section 77. 887.015 (4) (b) 4. of the statutes is amended to read:

SB317-SSA1,39,12 887.015 (4) (b) 4. A declaration to be recorded pursuant to s. 706.06, 706.07, or 706.25 or ch. 140.

SB317-SSA1,78 Section 78. 968.12 (2) of the statutes is amended to read:

SB317-SSA1,39,23 968.12 (2) Warrant upon affidavit. A search warrant may be based upon sworn complaint or affidavit, or testimony recorded by a phonographic reporter or under sub. (3) (d), showing probable cause therefor. The complaint, affidavit or testimony may be upon information and belief. The person requesting the warrant may swear to the complaint or affidavit before a notarial officer authorized under s. 706.07 ch. 140 to take acknowledgments or before a judge, or a judge may place a person under oath via telephone, radio, or other means of electronic communication, without the requirement of face-to-face contact, to swear to the complaint or affidavit. The judge shall indicate on the search warrant that the person so swore to the complaint or affidavit.

SB317-SSA1,79 Section 79. 990.01 (38) of the statutes is amended to read:

SB317-SSA1,40,5 990.01 (38) Signature. If the signature of any person is required by law it shall always be the handwriting of such person or, if the person is unable to write, the person's mark or the person's name written by some other person at the person's request and in the person's presence, or, subject to any applicable requirements under subch. II of ch. 137, the electronic signature of the person.

SB317-SSA1,80 Section 80 . Nonstatutory provisions.

SB317-SSA1,40,22 (1) Emergency rules. Using the procedure under s. 227.24, the department of financial institutions shall promulgate rules required under, and may promulgate rules authorized under, ss. 140.145 (8) and 140.27 for the period before the effective date of the permanent rules promulgated under ss. 140.145 (8) and 140.27 but not to exceed the period authorized under s. 227.24 (1) (c), subject to extension under s. 227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d., the department of financial institutions is not required to prepare a statement of scope of the rules promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1g., the department of financial institutions is not required to present the rules promulgated under this subsection to the governor for approval. The department of financial institutions shall promulgate the rules under this subsection no later than the first day of the 4th month beginning after the effective date of this subsection.

SB317-SSA1,40,25 (2) Initial terms for members of remote notary council. Notwithstanding the length of terms of the members of the remote notary council specified in s. 15.185 (8) (b) (intro.), the following members shall be appointed for the following initial terms:

SB317-SSA1,41,2 (a) The member appointed under s. 15.185 (8) (b) 2. shall be appointed for an initial one-year term.

SB317-SSA1,41,4 (b) The member appointed under s. 15.185 (8) (b) 4. shall be appointed for an initial 2-year term.

SB317-SSA1,81 Section 81. Initial applicability.

SB317-SSA1,41,7 (1) This act first applies to notarial acts performed on the effective date of this subsection.

SB317-SSA1,82 Section 82 . Effective date.

SB317-SSA1,41,10 (1) This act takes effect on the first day of the 2nd month beginning after publication.

SB317-SSA1,41,11 (End)