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SB317-SSA1,32,3 2140.24 Database of notaries public. The department shall maintain an
3electronic database of notaries public to which all of the following apply:
SB317-SSA1,32,5 4(1) A person may verify through the database the authority of a notary public
5to perform notarial acts.
SB317-SSA1,32,8 6(2) The database indicates whether a notary public has notified the
7department that the notary public will be performing notarial acts for remotely
8located individuals under s. 140.145.
SB317-SSA1,52 9Section 52 . 140.26 of the statutes is created to read:
SB317-SSA1,32,17 10140.26 Validity of notarial acts. Except as otherwise provided in s. 140.04
11(2), the failure of a notarial officer to perform a duty or meet a requirement specified
12in this chapter does not invalidate a notarial act performed by the notarial officer.
13The validity of a notarial act under this chapter does not prevent an aggrieved person
14from seeking to invalidate the record or transaction that is the subject of the notarial
15act or from seeking other remedies based on law of this state other than this chapter
16or law of the United States. This section does not validate a purported notarial act
17performed by an individual who does not have the authority to perform notarial acts.
SB317-SSA1,53 18Section 53 . 140.27 of the statutes is created to read:
SB317-SSA1,32,21 19140.27 Rules; powers of the department. (1) (a) Subject to pars. (b) and
20(c), the department shall promulgate rules to implement this chapter. These rules
21shall do all of the following:
SB317-SSA1,32,2322 1. Establish maximum fees that may be charged by a notary public for
23performing a notarial act for a remotely located individual.
SB317-SSA1,32,2524 2. Prescribe the manner of performing notarial acts regarding tangible and
25electronic records.
13. Include provisions to ensure that any change to or tampering with a record
2bearing a certificate of a notarial act is self-evident.
SB317-SSA1,33,43 4. Include provisions to ensure integrity in the creation, transmittal, storage,
4or authentication of electronic records or signatures.
SB317-SSA1,33,75 5. Prescribe the process of granting, renewing, conditioning, denying,
6suspending, or revoking a notary public commission and assuring the
7trustworthiness of an individual holding a commission as a notary public.
SB317-SSA1,33,98 6. Include provisions to prevent fraud or mistake in the performance of notarial
SB317-SSA1,33,1310 (b) Rules promulgated under par. (a) regarding the performance of notarial acts
11with respect to electronic records may not require, or accord greater legal status or
12effect to, the implementation or application of a specific technology or technical
SB317-SSA1,33,1614 (c) In promulgating rules under par. (a) about notarial acts with respect to
15electronic records, the department shall consider, so far as is consistent with this
16chapter, all of the following:
SB317-SSA1,33,1817 1. The most recent standards regarding electronic records promulgated by
18national bodies, such as the National Association of Secretaries of State.
SB317-SSA1,33,2119 2. Standards, practices, and customs of other jurisdictions that substantially
20enact the revised uniform law on notarial acts (2018) or any subsequent version of
21this act.
SB317-SSA1,33,2222 3. The views of governmental officials, entities, and other interested persons.
SB317-SSA1,33,24 23(2) The department has the power, jurisdiction, and authority to do any of the
1(a) Investigate to determine whether a person has violated, is violating, or is
2about to violate this chapter or a rule promulgated or order issued under this chapter.
3For the purpose of an investigation under the chapter, the department may
4administer oaths and affirmations, issue subpoenas, take evidence, require the filing
5of statements, require testimony, and require the production of any records that the
6department considers relevant or material to the investigation.
SB317-SSA1,34,117 (b) Revoke, suspend, or restrict any commission or registration issued under
8this chapter if the department determines that the person holding the commission
9or registration has refused to comply with an investigation demand under par. (a) or
10has violated, is violating, or is about to violate this chapter or any rule promulgated
11or order issued under this chapter.
SB317-SSA1,54 12Section 54 . 140.30 of the statutes is created to read:
SB317-SSA1,34,15 13140.30 Uniformity of application and construction. In applying and
14construing this chapter, consideration must be given to the need to promote
15uniformity of the law with respect to its subject matter among states that enact it.
SB317-SSA1,55 16Section 55 . 140.31 of the statutes is created to read:
SB317-SSA1,34,22 17140.31 Relation to electronic signatures in global and national
18commerce act.
This chapter modifies, limits, and supersedes the Electronic
19Signatures in Global and National Commerce Act, 15 USC 7001 to 7031, but does not
20modify, limit, or supersede section 101 (c) of that act, 15 USC 7001 (c), or authorize
21electronic delivery of any of the notices described in section 103 (b) of that act, 15 USC
SB317-SSA1,56 23Section 56 . 140.34 of the statutes is created to read:
SB317-SSA1,34,25 24140.34 Short title. This chapter may be cited as the Revised Uniform Law on
25Notarial Acts (2018).
1Section 57. 236.21 (2) (a) of the statutes is amended to read:
SB317-SSA1,35,102 236.21 (2) (a) A certificate by the owner of the land in substantially the
3following form: “As owner I hereby certify that I caused the land described on this
4plat to be surveyed, divided, mapped and dedicated as represented on the plat. I also
5certify that this plat is required by s. 236.10 or 236.12 to be submitted to the following
6for approval or objection: (list of governing bodies required to approve or allowed to
7object to the plat)." This certificate shall be signed by the owner, the owner's spouse,
8and all persons holding an interest in the fee of record or by being in possession and,
9if the land is mortgaged, by the mortgagee of record. These signatures shall be
10acknowledged in accordance with s. 706.07 ch. 140.
SB317-SSA1,58 11Section 58. 236.295 (1) (b) of the statutes is amended to read:
SB317-SSA1,35,1312 236.295 (1) (b) Ratifications of a recorded plat or certified survey map signed
13and acknowledged in accordance with s. 706.07 ch. 140.
SB317-SSA1,59 14Section 59. 244.05 of the statutes is amended to read:
SB317-SSA1,35,20 15244.05 Execution of power of attorney. To execute a power of attorney the
16principal must sign the power of attorney or another individual, in the principal's
17conscious presence and directed by the principal, must sign the principal's name on
18the power of attorney. A signature of the principal on a power of attorney is presumed
19to be genuine if the principal makes an acknowledgment of the power of attorney
20before a notarial officer authorized under s. 706.07 ch. 140 to take acknowledgments.
SB317-SSA1,60 21Section 60. 244.19 (1) of the statutes is amended to read:
SB317-SSA1,35,2422 244.19 (1) For purposes of this section and s. 244.20, “acknowledged" means
23the taking of an acknowledgment before a notarial officer authorized to take
24acknowledgements under s. 706.07 ch. 140.
SB317-SSA1,61 25Section 61. 407.103 (4) of the statutes is amended to read:
1407.103 (4) To the extent there is a conflict between subch. II of ch. 137 and this
2chapter, this chapter governs.
SB317-SSA1,62 3Section 62. 610.60 (2) (a) of the statutes is amended to read:
SB317-SSA1,36,84 610.60 (2) (a) Subject to par. (c), subs. (3) and (5) (b), and s. 137.12 (2r) (c), notice
5to a party, and any other document that is required under applicable law in an
6insurance transaction or that serves as evidence of insurance coverage, may be
7stored, presented, and delivered by electronic means, as long as the notice or other
8document meets the requirements of subch. II of ch. 137.
SB317-SSA1,63 9Section 63. 703.33 (9) of the statutes is amended to read:
SB317-SSA1,36,1210 703.33 (9) Electronic delivery. The information required under subs. (1) and
11(2) may be delivered electronically in accordance with 15 USC 7001 (c), subch. II of
12ch. 137, and any other requirements that are prescribed by law.
SB317-SSA1,64 13Section 64. 706.05 (2) (b) of the statutes is amended to read:
SB317-SSA1,36,1514 706.05 (2) (b) Contain a form of authentication authorized by s. 706.06 or
15706.07 ch. 140;
SB317-SSA1,65 16Section 65. 706.05 (8) of the statutes is amended to read:
SB317-SSA1,36,2117 706.05 (8) A duly recorded certificate signed by or on behalf of the holder of
18record of any mortgage or other security interest in lands, and authenticated as
19provided by s. 706.06 or 706.07 ch. 140 identifying the mortgage or other interest and
20stating that the same has been paid or satisfied in whole or in part, shall be sufficient
21to satisfy such mortgage or other interest of record.
SB317-SSA1,66 22Section 66. 706.06 (1) of the statutes is amended to read:
SB317-SSA1,36,2523 706.06 (1) Any instrument may be acknowledged, or its execution otherwise
24authenticated by its signators, as provided by the laws of this state; or as provided
25in this section or s. 706.07 ch. 140.
1Section 67. 706.07 of the statutes is repealed.
SB317-SSA1,68 2Section 68. 706.085 (2) (a) of the statutes is amended to read:
SB317-SSA1,37,73 706.085 (2) (a) A correction instrument shall be acknowledged or
4authenticated in accordance with s. 706.06 or 706.07 ch. 140. It shall recite the
5document number of the conveyance, the names of the grantor and grantee, and, if
6given on the conveyance, the volume and page where the conveyance is filed or
SB317-SSA1,69 8Section 69. 708.15 (10) (g) of the statutes is amended to read:
SB317-SSA1,37,109 708.15 (10) (g) Be signed by the satisfaction agent, as provided in sub. (9) (am),
10and contain a form of authentication authorized by s. 706.06 or 706.07 ch. 140.
SB317-SSA1,70 11Section 70. 801.18 (11) (a) of the statutes is amended to read:
SB317-SSA1,37,1412 801.18 (11) (a) Notaries public who hold valid appointments under ch. 137 140
13may issue certificates of notarial acts for electronically filed documents as provided
14in this section.
SB317-SSA1,71 15Section 71. 801.18 (11) (e) of the statutes is amended to read:
SB317-SSA1,37,1916 801.18 (11) (e) Notwithstanding s. 706.07 (8) (c), an An electronically filed
17complaint under ch. 799 may be verified by applying the electronic signature of the
18plaintiff or the plaintiff's attorney to a written oath attesting that the facts of the
19complaint are true, without swearing to the oath in front of a notarial officer.
SB317-SSA1,72 20Section 72. 857.015 of the statutes is amended to read:
SB317-SSA1,38,7 21857.015 Management and control of certain business property by
22holding spouse.
A spouse who holds property described under s. 766.70 (3) (a), (b)
23or (d) which is not also held by the other spouse may direct in a will or other signed
24writing that the marital property interest of the nonholding spouse in such property
25be satisfied as provided under s. 861.015. The holding spouse shall identify in a will

1or other signed writing the property described under s. 766.70 (3) (a), (b) or (d) to
2which the directive applies. The signature of the holding spouse on a directive other
3than a will shall be acknowledged, attested or witnessed under s. 706.07 ch. 140. The
4estate of the holding spouse may not execute a directive under this section. If at the
5death of a spouse the surviving spouse is the holding spouse, the surviving spouse
6may execute a directive under this section if executed within 90 days after the
7decedent spouse's death.
SB317-SSA1,73 8Section 73. 867.045 (2) of the statutes is amended to read:
SB317-SSA1,38,129 867.045 (2) The register of deeds or other person authorized under s. 706.06
10or 706.07 ch. 140 shall complete a statement at the foot of the application, declaring
11that the applicant appeared before him or her and verified, under oath, the
12correctness of the information required by sub. (1).
SB317-SSA1,74 13Section 74. 867.046 (3) of the statutes is amended to read:
SB317-SSA1,38,1814 867.046 (3) Completion of application. The register of deeds or other person
15authorized under s. 706.06 or 706.07 ch. 140 shall complete a statement at the foot
16of the application, declaring that the applicant or, if the applicant is not an
17individual, a representative of the applicant appeared before him or her and verified,
18under oath, the correctness of the information required by sub. (2).
SB317-SSA1,75 19Section 75. 887.01 (1) of the statutes is amended to read:
SB317-SSA1,39,520 887.01 (1) Within the state. An oath or affidavit required or authorized by law,
21except oaths to jurors and witnesses on a trial and such other oaths as are required
22by law to be taken before particular officers, may be taken before any judge, court
23commissioner, resident U.S. commissioner who has complied with s. 706.07 ch. 140,
24clerk, deputy clerk or calendar clerk of a court of record, court reporter, notary public,
25town clerk, village clerk, city clerk, municipal judge, county clerk or the clerk's

1deputy within the territory in which the officer is authorized to act, school district
2clerk with respect to any oath required by the elections laws; and, when certified by
3the officer to have been taken before him or her, may be read and used in any court
4and before any officer, board or commission. Oaths may be administered by any
5person mentioned in s. 885.01 (3) and (4) to any witness examined before him or her.
SB317-SSA1,76 6Section 76. 887.01 (3) of the statutes is amended to read:
SB317-SSA1,39,97 887.01 (3) Officer in armed forces. In every instance where an officer in the
8armed forces is authorized by s. 706.07 (5) 140.13 to take an acknowledgment, the
9officer may administer an oath.
SB317-SSA1,77 10Section 77. 887.015 (4) (b) 4. of the statutes is amended to read:
SB317-SSA1,39,1211 887.015 (4) (b) 4. A declaration to be recorded pursuant to s. 706.06, 706.07, or
12706.25 or ch. 140.
SB317-SSA1,78 13Section 78. 968.12 (2) of the statutes is amended to read:
SB317-SSA1,39,2314 968.12 (2) Warrant upon affidavit. A search warrant may be based upon
15sworn complaint or affidavit, or testimony recorded by a phonographic reporter or
16under sub. (3) (d), showing probable cause therefor. The complaint, affidavit or
17testimony may be upon information and belief. The person requesting the warrant
18may swear to the complaint or affidavit before a notarial officer authorized under s.
ch. 140 to take acknowledgments or before a judge, or a judge may place a
20person under oath via telephone, radio, or other means of electronic communication,
21without the requirement of face-to-face contact, to swear to the complaint or
22affidavit. The judge shall indicate on the search warrant that the person so swore
23to the complaint or affidavit.
SB317-SSA1,79 24Section 79. 990.01 (38) of the statutes is amended to read:
1990.01 (38) Signature. If the signature of any person is required by law it shall
2always be the handwriting of such person or, if the person is unable to write, the
3person's mark or the person's name written by some other person at the person's
4request and in the person's presence, or, subject to any applicable requirements
5under subch. II of ch. 137, the electronic signature of the person.
SB317-SSA1,80 6Section 80 . Nonstatutory provisions.
SB317-SSA1,40,227 (1) Emergency rules. Using the procedure under s. 227.24, the department of
8financial institutions shall promulgate rules required under, and may promulgate
9rules authorized under, ss. 140.145 (8) and 140.27 for the period before the effective
10date of the permanent rules promulgated under ss. 140.145 (8) and 140.27 but not
11to exceed the period authorized under s. 227.24 (1) (c), subject to extension under s.
12227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department is not
13required to provide evidence that promulgating a rule under this subsection as an
14emergency rule is necessary for the preservation of the public peace, health, safety,
15or welfare and is not required to provide a finding of emergency for a rule
16promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d., the
17department of financial institutions is not required to prepare a statement of scope
18of the rules promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1g.,
19the department of financial institutions is not required to present the rules
20promulgated under this subsection to the governor for approval. The department of
21financial institutions shall promulgate the rules under this subsection no later than
22the first day of the 4th month beginning after the effective date of this subsection.
SB317-SSA1,40,2523 (2) Initial terms for members of remote notary council. Notwithstanding the
24length of terms of the members of the remote notary council specified in s. 15.185 (8)
25(b) (intro.), the following members shall be appointed for the following initial terms:
1(a) The member appointed under s. 15.185 (8) (b) 2. shall be appointed for an
2initial one-year term.
SB317-SSA1,41,43 (b) The member appointed under s. 15.185 (8) (b) 4. shall be appointed for an
4initial 2-year term.
SB317-SSA1,81 5Section 81. Initial applicability.
SB317-SSA1,41,76 (1) This act first applies to notarial acts performed on the effective date of this
SB317-SSA1,82 8Section 82 . Effective date.
SB317-SSA1,41,109 (1) This act takes effect on the first day of the 2nd month beginning after