AB811: Bill Text

AB811, s. 5 Section 5. Chapter 137 of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered subchapter I of chapter 137 [precedes 137.01].

AB811, s. 6 Section 6. 137.01 (4) (a) of the statutes is amended to read:

AB811,3,6 137.01 (4) (a) Every official act of a notary public shall be attested by the notary public's written signature or digital signature, as defined in s. 137.04 (4).

AB811, s. 7 Section 7. Subchapter II of chapter 137 [precedes 137.04] of the statutes is created to read:

AB811,3,9 Chapter 137

AB811,3,10 Subchapter II

AB811,3,11 Digital signatures

AB811,3,12 137.04 Definitions. In this subchapter:

AB811,3,15 (1) "Authenticate" means to validate a document in such a manner that the identity of the person who originates the document is incontrovertible and the information contained in the document is identical to that originated by the person.

AB811,3,17 (2) "Certification authority" means any person who is authorized by the department to verify a digital signature.

AB811,3,18 (3) "Department" means the department of financial institutions.

AB811,3,22 (4) "Digital signature" means any combination of words, letters, symbols or characters used by a person for the purpose of authenticating a document that has been transformed into digital, electronic or any other data format that is retrievable in any form.

AB811,3,24 (5) "Verify" means to determine that a digital signature meets all of the following requirements:

AB811,3,25 (a) The digital signature was created by a particular person.

AB811,4,2 (b) The document to which the digital signature is affixed has not been altered since the digital signature was created.

AB811,4,3 (c) The digital signature conforms to any rules promulgated by the department.

AB811,4,8 137.05 Submission of written documents. Unless otherwise prohibited by law, any document that is required by law to be submitted in writing may be submitted by transforming the document into digital, electronic or any other data format that is retrievable in any form, but only with the consent of the person who is to receive the document.

AB811,4,12 137.06 Digital signature. (1) Unless otherwise prohibited by law, any document that requires a manual, facsimile or other form of signature or that is given effect with a manual, facsimile or other form of signature may be signed or given effect with a digital signature if all of the following occur:

AB811,4,13 (a) The digital signature is verified by a certification authority.

AB811,4,15 (b) The person who is to receive the document consents to the use of the digital signature.

AB811,4,17 (2) A digital signature that satisfies all of the factors specified in sub. (1) has the same force and effect as a manual, facsimile or other form of signature.

AB811,4,24 137.07 Certification authorities; use and verification of digital signatures. The department may serve as a certification authority and may license and regulate other certification authorities. The department may charge certification authorities a fee to cover any costs incurred by the department in licensing and regulating certification authorities. The department shall promulgate rules concerning the licensure and regulation of certification authorities and the use and verification of digital signatures.

AB811, s. 8 Section 8. 990.01 (38) of the statutes is amended to read:

AB811,5,5 990.01 (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 digital signature of the person.

AB811, s. 9 Section 9. Nonstatutory provisions.

AB811,5,7 (1) Commission on the use of digital signatures.

AB811,5,8 (a) In this subsection:

AB811,5,9 1. "Committee" has the meaning specified in section 15.01 (3) of the statutes.

AB811,5,11 2. "Digital signature" has the meaning specified in section 137.04 (4) of the statutes, as created by this act.

AB811,5,13 (b) There is established a committee called the commission on the use of digital signatures consisting of members appointed by the governor.

AB811,5,15 (c) The commission shall study the use and regulation of digital signatures in this state and any other matter affecting the use and regulation of digital signatures.

AB811,5,20 (d) No later than the first day of the 12th month beginning after the publication of this act, the commission shall submit a report to the legislature in the manner provided under section 13.172 (2) of the statutes. The report shall include the commission's proposed recommendations regarding the use and regulation of digital signatures.

AB811,5,22 (2) Submission of proposed rules regulating digital signatures to the legislative council staff.

AB811,5,25 (a) In promulgating rules under section 137.07 of the statutes, as created by this act, the department of financial institutions shall consider the report submitted to the legislature under subsection (1 ) (d).

AB811,6,5 (b) The department of financial institutions shall submit in proposed form the rules required under section 137.07 of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the submission of the report to the legislature under subsection (1) (d).

AB811, s. 10 Section 10. Effective dates. This act takes effect on the day after publication, except as follows:

AB811,6,11 (1) The treatment of sections 16.855 (23), 20.144 (1) (hm), 20.575 (1) (g), 137.01 (4) (a) and 990.01 (38) and subchapter II of chapter 137 of the statutes, the renumbering of chapter 137 of the statutes and the creation of chapter 137 (title) of the statutes take effect on the first day of the 12th month beginning after publication.

AB811,6,12 (End)