Amendment SSA1-SB317

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SB317-SSA1,67 Section 67. 706.07 of the statutes is repealed.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