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AB293-ASA1,14 16Section 14 . 137.01 (5m) (a) of the statutes is renumbered 140.02 (5m) (b) and
17amended to read:
AB293-ASA1,7,318 140.02 (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 written consent of the person who requested the services
25of the notary public or the provider of communication technology. The prohibition

1under this paragraph does not apply when the notary public or the provider of
2communication technology is complying with a request from a regulatory agency or
3supervisory agency or is responding to a lawful subpoena or court order
.
AB293-ASA1,15 4Section 15 . 137.01 (5m) (b) of the statutes is renumbered 140.02 (5m) (c) 1. and
5amended to read:
AB293-ASA1,7,86 140.02 (5m) (c) 1. Deposition A notary public or provider of communication
7technology may release deposition
transcripts may be released to all parties of record
8in an action. A
AB293-ASA1,7,13 92. Subject to subd. 1., a notary public or provider of communication technology
10may not release deposition transcripts that have not been made part of the public
11record to a 3rd party without the written consent of all parties to the action and the
12deponent unless required by a regulatory agency or supervisory agency or in
13response to a lawful subpoena or court order
.
AB293-ASA1,7,18 143. When a deposition transcript has been made part of the public record, a
15notary public who is also a court reporter may, subject to a protective order or
16agreement to the contrary, release the deposition transcript or sell the transcript to
173rd parties without the consent of the person who requested the services of the notary
18public.
AB293-ASA1,16 19Section 16 . 137.01 (5m) (c) of the statutes is renumbered 140.02 (5m) (d) and
20amended to read:
AB293-ASA1,7,2321 140.02 (5m) (d) Any notary public or provider of communication technology
22violating this subsection shall be subject to the provisions of sub. (8) and may be
23required to forfeit not more than $500 for each violation.
AB293-ASA1,17 24Section 17 . 137.01 (6) of the statutes is renumbered 140.02 (6), and 140.02 (6)
25(a), as renumbered, is amended to read:
AB293-ASA1,8,3
1140.02 (6) (a) The secretary of financial institutions department may certify
2to the official qualifications of any notary public and to the genuineness of the notary
3public's signature and seal or rubber stamp.
AB293-ASA1,18 4Section 18. 137.01 (6m) of the statutes is renumbered 140.02 (6m) and
5amended to read:
AB293-ASA1,8,96 140.02 (6m) Change of residence. A notary public does not vacate his or her
7office by reason of his or her change of residence within the United States. Written
8notice of any change of address shall be given to the department of financial
9institutions
within 10 days of the change.
AB293-ASA1,19 10Section 19. 137.01 (7) of the statutes is renumbered 140.02 (7) and amended
11to read:
AB293-ASA1,8,2112 140.02 (7) Official records to be filed. When any notary public ceases to hold
13office, the notary public, or in case of the notary public's death the notary public's
14personal representative, shall deposit the notary public's official records and papers
15with the department of financial institutions. If the notary or personal
16representative, after the records and papers come to his or her hands, neglects for
173 months to deposit them, he or she shall forfeit not less than $50 nor more than $500.
18If any person knowingly destroys, defaces, or conceals any records or papers of any
19notary public, the person shall forfeit not less than $50 nor more than $500, and shall
20be liable for all damages resulting to the party injured. The department of financial
21institutions
shall receive and safely keep all such papers and records.
AB293-ASA1,20 22Section 20. 137.01 (8) of the statutes is renumbered 140.02 (8).
AB293-ASA1,21 23Section 21 . 137.01 (9) (title) of the statutes is renumbered 140.02 (9) (title).
AB293-ASA1,22 24Section 22 . 137.01 (9) of the statutes is renumbered 140.02 (9), and 140.02 (9)
25(intro.), as renumbered, is amended to read:
AB293-ASA1,9,3
1140.02 (9) Fees. (intro.) A Except when the department has established
2different fees as provided in s. 140.27 (1) (a) 1., a
notary public shall be allowed the
3following fees:
AB293-ASA1,23 4Section 23. 137.02 of the statutes is repealed.
AB293-ASA1,24 5Section 24. Subchapter II (title) of chapter 137 [precedes 137.11] of the
6statutes is repealed.
AB293-ASA1,25 7Section 25 . 137.11 (intro.) and (4) of the statutes are amended to read:
AB293-ASA1,9,8 8137.11 Definitions. (intro.) In this subchapter chapter:
AB293-ASA1,9,10 9(4) “Contract" means the total legal obligation resulting from the parties'
10agreement as affected by this subchapter chapter and other applicable law.
AB293-ASA1,26 11Section 26 . 137.12 (1), (2) (intro.), (2m) (intro.), (2p), (2r) (intro.), (3), (4), (5)
12and (6) of the statutes are amended to read:
AB293-ASA1,9,1513 137.12 (1) Except as otherwise provided in sub. (2) and except in ss. 137.25 and
14137.26, this subchapter chapter applies to electronic records and electronic
15signatures relating to a transaction.
AB293-ASA1,9,17 16(2) (intro.) Except as otherwise provided in sub. (3), this subchapter chapter
17does not apply to a transaction to the extent it is governed by:
AB293-ASA1,9,19 18(2m) (intro.) This subchapter chapter does not apply to any of the following
19records or any transaction evidenced by any of the following records:
AB293-ASA1,9,23 20(2p) This subchapter chapter applies to a transaction governed by the federal
21Electronic Signatures in Global and National Commerce Act, 15 USC 7001, et seq.,
22but this subchapter chapter is not intended to limit, modify, or supersede 15 USC
237001
(c).
AB293-ASA1,10,3
1(2r) (intro.) To the extent that it is excluded from the scope of 15 USC 7003, this
2subchapter chapter does not apply to a notice to the extent that it is governed by a
3law requiring the furnishing of any notice of:
AB293-ASA1,10,7 4(3) This subchapter chapter applies to an electronic record or electronic
5signature otherwise excluded from the application of this subchapter chapter under
6subs. (2), (2m), and (2r) to the extent it is governed by a law other than those specified
7in subs. (2), (2m), and (2r).
AB293-ASA1,10,9 8(4) A transaction subject to this subchapter chapter is also subject to other
9applicable substantive law.
AB293-ASA1,10,11 10(5) This subchapter chapter applies to the state of Wisconsin, unless otherwise
11expressly provided.
AB293-ASA1,10,13 12(6) To the extent there is a conflict between this subchapter chapter and ch. 407,
13ch. 407 governs.
AB293-ASA1,27 14Section 27 . 137.13 (1), (2), (4) and (5) of the statutes are amended to read:
AB293-ASA1,10,1715 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.
AB293-ASA1,10,21 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.
AB293-ASA1,11,2 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.
AB293-ASA1,11,4 3(5) Whether an electronic record or electronic signature has legal consequences
4is determined by this subchapter chapter and other applicable law.
AB293-ASA1,28 5Section 28 . 137.14 (intro.) and (3) of the statutes are amended to read:
AB293-ASA1,11,7 6137.14 Construction. (intro.) This subchapter chapter shall be construed
7and applied:
AB293-ASA1,11,11 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.
AB293-ASA1,29 12Section 29 . 137.16 (2) (intro.) and (4) (a) and (b) of the statutes are amended
13to read:
AB293-ASA1,11,1714 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:
AB293-ASA1,11,22 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
AB293-ASA1,11,2523 (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.
AB293-ASA1,30
1Section 30. 137.20 (7) of the statutes is amended to read:
AB293-ASA1,12,52 137.20 (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.
AB293-ASA1,31 6Section 31 . Chapter 140 (title) of the statutes is created to read:
AB293-ASA1,12,77 CHAPTER 140
AB293-ASA1,12,88 NOTARIES PUBLIC; NOTARIAL ACTs
AB293-ASA1,32 9Section 32 . 140.01 of the statutes is created to read:
AB293-ASA1,12,10 10140.01 Definitions. In this chapter:
AB293-ASA1,12,15 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.
AB293-ASA1,12,16 16(2) “Department” means the department of financial institutions.
AB293-ASA1,12,17 17(3) “Domestic partner" has the meaning given in s. 770.01 (1).
AB293-ASA1,12,19 18(4) “Electronic” means relating to technology having electrical, digital,
19magnetic, wireless, optical, electromagnetic, or similar capabilities.
AB293-ASA1,12,22 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.
AB293-ASA1,12,23 23(6) “In a representative capacity” means acting as any of the following:
AB293-ASA1,12,2524 (a) An authorized officer, agent, partner, trustee, or other representative for a
25person other than an individual.
AB293-ASA1,13,2
1(b) A public officer, personal representative, guardian, or other representative,
2in the capacity stated in a record.
AB293-ASA1,13,33 (c) An agent or attorney-in-fact for a principal.
AB293-ASA1,13,44 (d) An authorized representative of another in any other capacity.
AB293-ASA1,13,9 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.
AB293-ASA1,13,11 10(8) “Notarial officer” means a notary public or other individual authorized to
11perform a notarial act.
AB293-ASA1,13,13 12(9) “Notary public” means an individual commissioned to perform a notarial
13act.
AB293-ASA1,13,16 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.
AB293-ASA1,13,20 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.
AB293-ASA1,13,22 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.
AB293-ASA1,13,24 23(13) “Sign” means, with present intent to authenticate or adopt a record, any
24of the following:
AB293-ASA1,13,2525 (a) To execute or adopt a tangible symbol.
AB293-ASA1,14,2
1(b) To attach to or logically associate with the record an electronic symbol,
2sound, or process.
AB293-ASA1,14,4 3(14) “Signature” means a tangible symbol or an electronic signature that
4evidences the signing of a record.
AB293-ASA1,14,5 5(15) “Stamping device” means any of the following:
AB293-ASA1,14,76 (a) A physical device capable of affixing to or embossing on a tangible record
7an official stamp.
AB293-ASA1,14,98 (b) An electronic device or process capable of attaching to or logically
9associating with an electronic record an official stamp.
AB293-ASA1,14,12 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.
AB293-ASA1,14,14 13(17) “Tamper-evident” means that any change to a record generates evidence
14of the change.
AB293-ASA1,14,17 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.
AB293-ASA1,33 18Section 33 . 140.02 (5m) (a) of the statutes is created to read:
AB293-ASA1,14,2019 140.02 (5m) (a) In this subsection, “communication technology” has the
20meaning given in s. 140.145 (1) (a).
AB293-ASA1,34 21Section 34 . 140.04 of the statutes is created to read:
AB293-ASA1,14,24 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.
AB293-ASA1,15,4
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.
AB293-ASA1,15,6 5(3) A notarial officer may certify that a tangible copy of an electronic record is
6an accurate copy of the electronic record.
AB293-ASA1,35 7Section 35 . 140.05 of the statutes is created to read:
AB293-ASA1,15,12 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.
AB293-ASA1,15,17 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.
AB293-ASA1,15,21 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.
AB293-ASA1,15,24 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.
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