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-ASA1,12,88
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: