SB55-ASA1-AA1, s. 2837 5Section 2837. 137.05 of the statutes is renumbered 137.25 (1) and amended
6to read:
SB55-ASA1-AA1,962,137 137.25 (1) Unless otherwise prohibited provided by law, with the consent of a
8governmental unit of this state that is to receive a record,
any document record that
9is required by law to be submitted in writing to a that governmental unit and that
10requires a written signature may be submitted by transforming the document into
11as an electronic format, but only with the consent of the governmental unit that is
12to receive the document
record, and if submitted as an electronic record may
13incorporate an electronic signature
.
SB55-ASA1-AA1, s. 2838 14Section 2838. 137.06 of the statutes is repealed.
SB55-ASA1-AA1, s. 2839 15Section 2839. 137.11 to 137.24 of the statutes are created to read:
SB55-ASA1-AA1,962,16 16137.11 Definitions. In this subchapter:
SB55-ASA1-AA1,962,20 17(1) "Agreement" means the bargain of the parties in fact, as found in their
18language or inferred from other circumstances and from rules, regulations, and
19procedures given the effect of agreements under laws otherwise applicable to a
20particular transaction.
SB55-ASA1-AA1,962,25 21(2) "Automated transaction" means a transaction conducted or performed, in
22whole or in part, by electronic means or by the use of electronic records, in which the
23acts or records of one or both parties are not reviewed by an individual in the ordinary
24course in forming a contract, performing under an existing contract, or fulfilling an
25obligation required by the transaction.
SB55-ASA1-AA1,963,3
1(3) "Computer program" means a set of statements or instructions to be used
2directly or indirectly in an information processing system in order to bring about a
3certain result.
SB55-ASA1-AA1,963,5 4(4) "Contract" means the total legal obligation resulting from the parties'
5agreement as affected by this subchapter and other applicable law.
SB55-ASA1-AA1,963,7 6(5) "Electronic" means relating to technology having electrical, digital,
7magnetic, wireless, optical, electromagnetic, or similar capabilities.
SB55-ASA1-AA1,963,11 8(6) "Electronic agent" means a computer program or an electronic or other
9automated means used independently to initiate an action or respond to electronic
10records or performances in whole or in part, without review or action by an
11individual.
SB55-ASA1-AA1,963,13 12(7) "Electronic record" means a record that is created, generated, sent,
13communicated, received, or stored by electronic means.
SB55-ASA1-AA1,963,16 14(8) "Electronic signature" means an electronic sound, symbol, or process
15attached to or logically associated with a record and executed or adopted by a person
16with the intent to sign the record.
SB55-ASA1-AA1,963,17 17(9) "Governmental unit" means:
SB55-ASA1-AA1,963,2118 (a) An agency, department, board, commission, office, authority, institution, or
19instrumentality of the federal government or of a state or of a political subdivision
20of a state or special purpose district within a state, regardless of the branch or
21branches of government in which it is located.
SB55-ASA1-AA1,963,2222 (b) A political subdivision of a state or special purpose district within a state.
SB55-ASA1-AA1,963,2323 (c) An association or society to which appropriations are made by law.
SB55-ASA1-AA1,964,3
1(d) Any body within one or more of the entities specified in pars. (a) to (c) that
2is created or authorized to be created by the constitution, by law, or by action of one
3or more of the entities specified in pars. (a) to (c).
SB55-ASA1-AA1,964,44 (e) Any combination of any of the entities specified in pars. (a) to (d).
SB55-ASA1-AA1,964,6 5(10) "Information" means data, text, images, sounds, codes, computer
6programs, software, databases, or the like.
SB55-ASA1-AA1,964,8 7(11) "Information processing system" means an electronic system for creating,
8generating, sending, receiving, storing, displaying, or processing information.
SB55-ASA1-AA1,964,10 9(12) "Record" means information that is inscribed on a tangible medium or that
10is stored in an electronic or other medium and is retrievable in perceivable form.
SB55-ASA1-AA1,964,16 11(13) "Security procedure" means a procedure employed for the purpose of
12verifying that an electronic signature, record, or performance is that of a specific
13person or for detecting changes or errors in the information in an electronic record.
14The term includes a procedure that requires the use of algorithms or other codes,
15identifying words or numbers, encryption, callback, or other acknowledgment
16procedures.
SB55-ASA1-AA1,964,21 17(14) "State" means a state of the United States, the District of Columbia,
18Puerto Rico, the U.S. Virgin Islands, or any territory or insular possession subject
19to the jurisdiction of the United States. The term includes an Indian tribe or band,
20or Alaskan native village, which is recognized by federal law or formally
21acknowledged by a state.
SB55-ASA1-AA1,964,24 22(15) "Transaction" means an action or set of actions occurring between 2 or
23more persons relating to the conduct of business, commercial, or governmental
24affairs.
SB55-ASA1-AA1,965,3
1137.12 Application. (1) Except as otherwise provided in sub. (2) and except
2in ss. 137.25 and 137.26, this subchapter applies to electronic records and electronic
3signatures relating to a transaction.
SB55-ASA1-AA1,965,5 4(2) Except as otherwise provided in sub. (3), this subchapter does not apply to
5a transaction to the extent it is governed by:
SB55-ASA1-AA1,965,76 (a) Any law governing the execution of wills or the creation of testamentary
7trusts; or
SB55-ASA1-AA1,965,88 (b) Chapters 401 and 403 to 410, other than ss. 401.107 and 401.206.
SB55-ASA1-AA1,965,11 9(3) This subchapter applies to an electronic record or electronic signature
10otherwise excluded from the application of this subchapter under sub. (2) to the
11extent it is governed by a law other than those specified in sub. (2).
SB55-ASA1-AA1,965,13 12(4) A transaction subject to this subchapter is also subject to other applicable
13substantive law.
SB55-ASA1-AA1,965,15 14(5) This subchapter applies to the state of Wisconsin, unless otherwise
15expressly provided.
SB55-ASA1-AA1,965,19 16137.13 Use of electronic records and electronic signatures; variation
17by agreement. (1)
This subchapter does not require a record or signature to be
18created, generated, sent, communicated, received, stored, or otherwise processed or
19used by electronic means or in electronic form.
SB55-ASA1-AA1,965,23 20(2) This subchapter applies only to transactions between parties each of which
21has agreed to conduct transactions by electronic means. Whether the parties agree
22to conduct a transaction by electronic means is determined from the context and
23surrounding circumstances, including the parties' conduct.
SB55-ASA1-AA1,966,3
1(3) A party that agrees to conduct a transaction by electronic means may refuse
2to conduct other transactions by electronic means. The right granted by this
3subsection may not be waived by agreement.
SB55-ASA1-AA1,966,7 4(4) Except as otherwise provided in this subchapter, the effect of any provision
5of this subchapter may be varied by agreement. Use of the words "unless otherwise
6agreed," or words of similar import, in this subchapter shall not be interpreted to
7preclude other provisions of this subchapter from being varied by agreement.
SB55-ASA1-AA1,966,9 8(5) Whether an electronic record or electronic signature has legal consequences
9is determined by this subchapter and other applicable law.
SB55-ASA1-AA1,966,10 10137.14 Construction. This subchapter shall be construed and applied:
SB55-ASA1-AA1,966,11 11(1) To facilitate electronic transactions consistent with other applicable law;
SB55-ASA1-AA1,966,13 12(2) To be consistent with reasonable practices concerning electronic
13transactions and with the continued expansion of those practices; and
SB55-ASA1-AA1,966,17 14(3) To effectuate its general purpose to make uniform the law with respect to
15the subject of this subchapter among states enacting laws substantially similar to
16the Uniform Electronic Transactions Act as approved and recommended by the
17National Conference of Commissioners on Uniform State Laws in 1999.
SB55-ASA1-AA1,966,20 18137.15 Legal recognition of electronic records, electronic signatures,
19and electronic contracts. (1)
A record or signature may not be denied legal effect
20or enforceability solely because it is in electronic form.
SB55-ASA1-AA1,966,22 21(2) A contract may not be denied legal effect or enforceability solely because an
22electronic record was used in its formation.
SB55-ASA1-AA1,966,24 23(3) If a law requires a record to be in writing, an electronic record satisfies that
24requirement in that law.
SB55-ASA1-AA1,967,2
1(4) If a law requires a signature, an electronic signature satisfies that
2requirement in that law.
SB55-ASA1-AA1,967,10 3137.16 Provision of information in writing; presentation of records.
4(1)
If parties have agreed to conduct a transaction by electronic means and a law
5requires a person to provide, send, or deliver information in writing to another
6person, a party may satisfy the requirement with respect to that transaction if the
7information is provided, sent, or delivered, as the case may be, in an electronic record
8capable of retention by the recipient at the time of receipt. An electronic record is not
9capable of retention by the recipient if the sender or its information processing
10system inhibits the ability of the recipient to print or store the electronic record.
SB55-ASA1-AA1,967,14 11(2) If a law other than this subchapter requires a record to be posted or
12displayed in a certain manner, to be sent, communicated, or transmitted by a
13specified method, or to contain information that is formatted in a certain manner,
14then:
SB55-ASA1-AA1,967,1615 (a) The record shall be posted or displayed in the manner specified in the other
16law.
SB55-ASA1-AA1,967,1817 (b) Except as otherwise provided in sub. (4) (b), the record shall be sent,
18communicated, or transmitted by the method specified in the other law.
SB55-ASA1-AA1,967,2019 (c) The record shall contain the information formatted in the manner specified
20in the other law.
SB55-ASA1-AA1,967,22 21(3) If a sender inhibits the ability of a recipient to store or print an electronic
22record, the electronic record is not enforceable against the recipient.
SB55-ASA1-AA1,967,23 23(4) The requirements of this section may not be varied by agreement, but:
SB55-ASA1-AA1,968,224 (a) To the extent a law other than this subchapter requires information to be
25provided, sent, or delivered in writing but permits that requirement to be varied by

1agreement, the requirement under sub. (1) that the information be in the form of an
2electronic record capable of retention may also be varied by agreement; and
SB55-ASA1-AA1,968,53 (b) A requirement under a law other than this subchapter to send,
4communicate, or transmit a record by 1st-class or regular mail or with postage
5prepaid may be varied by agreement to the extent permitted by the other law.
SB55-ASA1-AA1,968,11 6137.17 Attribution and effect of electronic records and electronic
7signatures. (1)
An electronic record or electronic signature is attributable to a
8person if the electronic record or electronic signature was created by the act of the
9person. The act of the person may be shown in any manner, including a showing of
10the efficacy of any security procedure applied to determine the person to which the
11electronic record or electronic signature was attributable.
SB55-ASA1-AA1,968,15 12(2) The effect of an electronic record or electronic signature that is attributed
13to a person under sub. (1) is determined from the context and surrounding
14circumstances at the time of its creation, execution, or adoption, including the
15parties' agreement, if any, and otherwise as provided by law.
SB55-ASA1-AA1,968,17 16137.18 Effect of change or error. (1) If a change or error in an electronic
17record occurs in a transmission between parties to a transaction, then:
SB55-ASA1-AA1,968,2218 (a) If the parties have agreed to use a security procedure to detect changes or
19errors and one party has conformed to the procedure, but the other party has not, and
20the nonconforming party would have detected the change or error had that party also
21conformed, the conforming party may avoid the effect of the changed or erroneous
22electronic record.
SB55-ASA1-AA1,969,223 (b) In an automated transaction involving an individual, the individual may
24avoid the effect of an electronic record that resulted from an error made by the
25individual in dealing with the electronic agent of another person if the electronic

1agent did not provide an opportunity for the prevention or correction of the error and,
2at the time the individual learns of the error, the individual:
SB55-ASA1-AA1,969,43 1. Promptly notifies the other person of the error and that the individual did
4not intend to be bound by the electronic record received by the other person;
SB55-ASA1-AA1,969,85 2. Takes reasonable steps, including steps that conform to the other person's
6reasonable instructions, to return to the other person or, if instructed by the other
7person, to destroy the consideration received, if any, as a result of the erroneous
8electronic record; and
SB55-ASA1-AA1,969,109 3. Has not used or received any benefit or value from the consideration, if any,
10received from the other person.
SB55-ASA1-AA1,969,12 11(2) If neither sub. (1) (a) nor (b) applies, the change or error has the effect
12provided by other law, including the law of mistake, and the parties' contract, if any.
SB55-ASA1-AA1,969,13 13(3) Subsections (1) (b) and (2) may not be varied by agreement.
SB55-ASA1-AA1,969,19 14137.19 Notarization and acknowledgement. If a law requires a signature
15or record to be notarized, acknowledged, verified, or made under oath, the
16requirement is satisfied if the electronic signature of the person authorized to
17administer the oath or to make the notarization, acknowledgment, or verification,
18together with all other information required to be included by other applicable law,
19is attached to or logically associated with the signature or record.
SB55-ASA1-AA1,969,22 20137.20 Retention of electronic records; originals. (1) If a law requires
21that a record be retained, the requirement is satisfied by retaining the information
22set forth in the record as an electronic record which:
SB55-ASA1-AA1,969,2423 (a) Accurately reflects the information set forth in the record after it was first
24generated in its final form as an electronic record or otherwise; and
SB55-ASA1-AA1,969,2525 (b) Remains accessible for later reference.
SB55-ASA1-AA1,970,3
1(2) A requirement to retain a record in accordance with sub. (1) does not apply
2to any information the sole purpose of which is to enable the record to be sent,
3communicated, or received.
SB55-ASA1-AA1,970,5 4(3) A person may comply with sub. (1) by using the services of another person
5if the requirements of that subsection are satisfied.
SB55-ASA1-AA1,970,9 6(4) Except as provided in sub. (6), if a law requires a record to be presented or
7retained in its original form, or provides consequences if the record is not presented
8or retained in its original form, a person may comply with that law by using an
9electronic record that is retained in accordance with sub. (1).
SB55-ASA1-AA1,970,12 10(5) If a law requires retention of a check, that requirement is satisfied by
11retention of an electronic record containing the information on the front and back of
12the check in accordance with sub. (1).
SB55-ASA1-AA1,970,17 13(6) A record retained as an electronic record in accordance with sub. (1)
14satisfies a law requiring a person to retain a record for evidentiary, audit, or like
15purposes, unless a law enacted after the effective date of this subsection .... [revisor
16inserts date], specifically prohibits the use of an electronic record for the specified
17purpose.
SB55-ASA1-AA1,970,20 18(7) This section does not preclude a governmental unit of this state from
19specifying additional requirements for the retention of any record subject to the
20jurisdiction of that governmental unit.
SB55-ASA1-AA1,970,22 21137.21 Admissibility in evidence. In a proceeding, a record or signature
22may not be excluded as evidence solely because it is in electronic form.
SB55-ASA1-AA1,970,23 23137.22 Automated transactions. In an automated transaction:
SB55-ASA1-AA1,971,3
1(1) A contract may be formed by the interaction of electronic agents of the
2parties, even if no individual was aware of or reviewed the electronic agent's actions
3or the resulting terms and agreements.
SB55-ASA1-AA1,971,84 (2) A contract may be formed by the interaction of an electronic agent and an
5individual, acting on the individual's own behalf or for another person, including by
6an interaction in which the individual performs actions that the individual is free to
7refuse to perform and which the individual knows or has reason to know will cause
8the electronic agent to complete the transaction or performance.
SB55-ASA1-AA1,971,10 9(3) The terms of a contract under sub. (1) or (2) are governed by the substantive
10law applicable to the contract.
SB55-ASA1-AA1,971,12 11137.23 Time and place of sending and receipt. (1) Unless otherwise
12agreed between the sender and the recipient, an electronic record is sent when it:
SB55-ASA1-AA1,971,1613 (a) Is addressed properly or otherwise directed properly to an information
14processing system that the recipient has designated or uses for the purpose of
15receiving electronic records or information of the type sent and from which the
16recipient is able to retrieve the electronic record;
SB55-ASA1-AA1,971,1717 (b) Is in a form capable of being processed by that system; and
SB55-ASA1-AA1,971,2118 (c) Enters an information processing system outside the control of the sender
19or of a person that sent the electronic record on behalf of the sender or enters a region
20of the information processing system designated or used by the recipient which is
21under the control of the recipient.
SB55-ASA1-AA1,971,23 22(2) Unless otherwise agreed between a sender and the recipient, an electronic
23record is received when:
SB55-ASA1-AA1,972,224 (a) It enters an information processing system that the recipient has
25designated or uses for the purpose of receiving electronic records or information of

1the type sent and from which the recipient is able to retrieve the electronic record;
2and
SB55-ASA1-AA1,972,33 (b) It is in a form capable of being processed by that system.
SB55-ASA1-AA1,972,6 4(3) Subsection (2) applies even if the place where the information processing
5system is located is different from the place where the electronic record is deemed
6to be received under sub. (4).
SB55-ASA1-AA1,972,10 7(4) Unless otherwise expressly provided in the electronic record or agreed
8between the sender and the recipient, an electronic record is deemed to be sent from
9the sender's place of business and to be received at the recipient's place of business.
10For purposes of this subsection:
SB55-ASA1-AA1,972,1311 (a) If the sender or recipient has more than one place of business, the place of
12business of that person is the place having the closest relationship to the underlying
13transaction.
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