SB404,20,1614 (b) A requirement under a law other than this subchapter to send,
15communicate, or transmit a record by 1st-class or regular mail or with postage
16prepaid may be varied by agreement to the extent permitted by the other law.
SB404,20,22 17137.17 Attribution and effect of electronic records and electronic
18signatures. (1)
An electronic record or electronic signature is attributable to a
19person if the electronic record or electronic signature was created by the act of the
20person. The act of the person may be shown in any manner, including a showing of
21the efficacy of any security procedure applied to determine the person to which the
22electronic record or electronic signature was attributable.
SB404,21,2 23(2) The effect of an electronic record or electronic signature that is attributed
24to a person under sub. (1) is determined from the context and surrounding

1circumstances at the time of its creation, execution, or adoption, including the
2parties' agreement, if any, and otherwise as provided by law.
SB404,21,4 3137.18 Effect of change or error. (1) If a change or error in an electronic
4record occurs in a transmission between parties to a transaction, then:
SB404,21,95 (a) If the parties have agreed to use a security procedure to detect changes or
6errors and one party has conformed to the procedure, but the other party has not, and
7the nonconforming party would have detected the change or error had that party also
8conformed, the conforming party may avoid the effect of the changed or erroneous
9electronic record.
SB404,21,1410 (b) In an automated transaction involving an individual, the individual may
11avoid the effect of an electronic record that resulted from an error made by the
12individual in dealing with the electronic agent of another person if the electronic
13agent did not provide an opportunity for the prevention or correction of the error and,
14at the time the individual learns of the error, the individual:
SB404,21,1615 1. Promptly notifies the other person of the error and that the individual did
16not intend to be bound by the electronic record received by the other person;
SB404,21,2017 2. Takes reasonable steps, including steps that conform to the other person's
18reasonable instructions, to return to the other person or, if instructed by the other
19person, to destroy the consideration received, if any, as a result of the erroneous
20electronic record; and
SB404,21,2221 3. Has not used or received any benefit or value from the consideration, if any,
22received from the other person.
SB404,21,24 23(2) If neither sub. (1) (a) nor (b) applies, the change or error has the effect
24provided by other law, including the law of mistake, and the parties' contract, if any.
SB404,21,25 25(3) Subsections (1) (b) and (2) may not be varied by agreement.
SB404,22,6
1137.19 Notarization and acknowledgement. If a law requires a signature
2or record to be notarized, acknowledged, verified, or made under oath, the
3requirement is satisfied if the electronic signature of the person authorized to
4administer the oath or to make the notarization, acknowledgment, or verification,
5together with all other information required to be included by other applicable law,
6is attached to or logically associated with the signature or record.
SB404,22,9 7137.20 Retention of electronic records; originals. (1) If a law requires
8that a record be retained, the requirement is satisfied by retaining the information
9set forth in the record as an electronic record which:
SB404,22,1110 (a) Accurately reflects the information set forth in the record after it was first
11generated in its final form as an electronic record or otherwise; and
SB404,22,1212 (b) Remains accessible for later reference.
SB404,22,15 13(2) A requirement to retain a record in accordance with sub. (1) does not apply
14to any information the sole purpose of which is to enable the record to be sent,
15communicated, or received.
SB404,22,17 16(3) A person may comply with sub. (1) by using the services of another person
17if the requirements of that subsection are satisfied.
SB404,22,21 18(4) Except as provided in sub. (6), if a law requires a record to be presented or
19retained in its original form, or provides consequences if the record is not presented
20or retained in its original form, a person may comply with that law by using an
21electronic record that is retained in accordance with sub. (1).
SB404,22,24 22(5) If a law requires retention of a check, that requirement is satisfied by
23retention of an electronic record containing the information on the front and back of
24the check in accordance with sub. (1).
SB404,23,5
1(6) A record retained as an electronic record in accordance with sub. (1)
2satisfies a law requiring a person to retain a record for evidentiary, audit, or like
3purposes, unless a law enacted after the effective date of this subsection .... [revisor
4inserts date], specifically prohibits the use of an electronic record for the specified
5purpose.
SB404,23,8 6(7) This section does not preclude a governmental unit of this state from
7specifying additional requirements for the retention of any record subject to the
8jurisdiction of that governmental unit.
SB404,23,10 9137.21 Admissibility in evidence. In a proceeding, a record or signature
10may not be excluded as evidence solely because it is in electronic form.
SB404,23,11 11137.22 Automated transactions. In an automated transaction:
SB404,23,1412 (1) A contract may be formed by the interaction of electronic agents of the
13parties, even if no individual was aware of or reviewed the electronic agent's actions
14or the resulting terms and agreements.
SB404,23,1915 (2) A contract may be formed by the interaction of an electronic agent and an
16individual, acting on the individual's own behalf or for another person, including by
17an interaction in which the individual performs actions that the individual is free to
18refuse to perform and which the individual knows or has reason to know will cause
19the electronic agent to complete the transaction or performance.
SB404,23,21 20(3) The terms of a contract under sub. (1) or (2) are governed by the substantive
21law applicable to the contract.
SB404,23,23 22137.23 Time and place of sending and receipt. (1) Unless otherwise
23agreed between the sender and the recipient, an electronic record is sent when it:
SB404,24,224 (a) Is addressed properly or otherwise directed properly to an information
25processing system that the recipient has designated or uses for the purpose of

1receiving electronic records or information of the type sent and from which the
2recipient is able to retrieve the electronic record;
SB404,24,33 (b) Is in a form capable of being processed by that system; and
SB404,24,74 (c) Enters an information processing system outside the control of the sender
5or of a person that sent the electronic record on behalf of the sender or enters a region
6of the information processing system designated or used by the recipient which is
7under the control of the recipient.
SB404,24,9 8(2) Unless otherwise agreed between a sender and the recipient, an electronic
9record is received when:
SB404,24,1310 (a) It enters an information processing system that the recipient has
11designated or uses for the purpose of receiving electronic records or information of
12the type sent and from which the recipient is able to retrieve the electronic record;
13and
SB404,24,1414 (b) It is in a form capable of being processed by that system.
SB404,24,17 15(3) Subsection (2) applies even if the place where the information processing
16system is located is different from the place where the electronic record is deemed
17to be received under sub. (4).
SB404,24,21 18(4) Unless otherwise expressly provided in the electronic record or agreed
19between the sender and the recipient, an electronic record is deemed to be sent from
20the sender's place of business and to be received at the recipient's place of business.
21For purposes of this subsection:
SB404,24,2422 (a) If the sender or recipient has more than one place of business, the place of
23business of that person is the place having the closest relationship to the underlying
24transaction.
SB404,25,2
1(b) If the sender or the recipient does not have a place of business, the place of
2business is the sender's or recipient's residence, as the case may be.
SB404,25,4 3(5) An electronic record is received under sub. (2) even if no individual is aware
4of its receipt.
SB404,25,7 5(6) Receipt of an electronic acknowledgment from an information processing
6system described in sub. (2) establishes that a record was received but, by itself, does
7not establish that the content sent corresponds to the content received.
SB404,25,12 8(7) If a person is aware that an electronic record purportedly sent under sub.
9(1), or purportedly received under sub. (2), was not actually sent or received, the legal
10effect of the sending or receipt is determined by other applicable law. Except to the
11extent permitted by the other law, the requirements of this subsection may not be
12varied by agreement.
SB404,25,15 13137.24 Transferable records. (1) In this section, "transferable record"
14means an electronic record that would be a note under ch. 403 or a record under ch.
15407 if the electronic record were in writing.
SB404,25,18 16(1m) An electronic record qualifies as a transferable record under this section
17only if the issuer of the electronic record expressly has agreed that the electronic
18record is a transferable record.
SB404,25,21 19(2) A person has control of a transferable record if a system employed for
20evidencing the transfer of interests in the transferable record reliably establishes
21that person as the person to which the transferable record was issued or transferred.
SB404,25,24 22(3) A system satisfies the requirements of sub. (2), and a person is deemed to
23have control of a transferable record, if the transferable record is created, stored, and
24assigned in such a manner that:
SB404,26,2
1(a) A single authoritative copy of the transferable record exists which is unique,
2identifiable, and, except as otherwise provided in pars. (d) to (f), unalterable;
SB404,26,63 (b) The authoritative copy identifies the person asserting control as the person
4to which the transferable record was issued or, if the authoritative copy indicates
5that the transferable record has been transferred, the person to which the
6transferable record was most recently transferred;
SB404,26,87 (c) The authoritative copy is communicated to and maintained by the person
8asserting control or its designated custodian;
SB404,26,109 (d) Copies or revisions that add or change an identified assignee of the
10authoritative copy can be made only with the consent of the person asserting control;
SB404,26,1211 (e) Each copy of the authoritative copy and any copy of a copy is readily
12identifiable as a copy that is not the authoritative copy; and
SB404,26,1413 (f) Any revision of the authoritative copy is readily identifiable as authorized
14or unauthorized.
SB404,26,22 15(4) Except as otherwise agreed, a person having control of a transferable record
16is the holder, as defined in s. 401.201 (20), of the transferable record and has the same
17rights and defenses as a holder of an equivalent record or writing under chs. 401 to
18411, including, if the applicable statutory requirements under s. 403.302 (1),
19407.501, or 409.330 are satisfied, the rights and defenses of a holder in due course,
20a holder to which a negotiable record of title has been duly negotiated, or a purchaser,
21respectively. Delivery, possession, and endorsement are not required to obtain or
22exercise any of the rights under this subsection.
SB404,26,25 23(5) Except as otherwise agreed, an obligor under a transferable record has the
24same rights and defenses as an equivalent obligor under equivalent records or
25writings under chs. 401 to 411.
SB404,27,6
1(6) If requested by a person against which enforcement is sought, the person
2seeking to enforce the transferable record shall provide reasonable proof that the
3person is in control of the transferable record. Proof may include access to the
4authoritative copy of the transferable record and related business records sufficient
5to review the terms of the transferable record and to establish the identity of the
6person having control of the transferable record.
SB404, s. 14 7Section 14. 137.26 of the statutes is created to read:
SB404,27,14 8137.26 Interoperability. If a governmental unit of this state adopts
9standards regarding its receipt of electronic records or electronic signatures under
10s. 137.25, the governmental unit shall promote consistency and interoperability with
11similar standards adopted by other governmental units of this state and other states
12and the federal government and nongovernmental persons interacting with
13governmental units of this state. Any standards so adopted may include alternative
14provisions if warranted to meet particular applications.
SB404, s. 15 15Section 15. 224.30 (2) of the statutes is amended to read:
SB404,27,1916 224.30 (2) Electronic forms records and signatures. The department shall
17promulgate rules regarding the submission of written documents electronic records
18and electronic signatures to the department
under s. 137.05 and the use and
19verification of electronic signatures under s. 137.06
s. 137.25.
SB404, s. 16 20Section 16. 228.01 of the statutes is amended to read:
SB404,28,10 21228.01 Recording of documents and public records by mechanical
22process authorized.
Whenever any officer of any county having a population of
23500,000 or more is required or authorized by law to file, record, copy, recopy or replace
24any document, court order, plat, paper, written instrument, writings, record or book
25of record, on file or of record in his or her office, notwithstanding any other provisions

1in the statutes, the officer may do so by photostatic, photographic,
2microphotographic, microfilm, optical imaging, electronic formatting or other
3mechanical process which produces a clear, accurate and permanent copy or
4reproduction of the original document, court order, plat, paper, written instrument,
5writings, record or book of record in accordance with the applicable standards
6specified under ss. 16.61 (7) and 16.612. Any such officer may also reproduce by such
7processes or transfer from optical disk or electronic storage any document, court
8order, plat, paper, written instrument, writings, record or book of record which has
9previously been filed, recorded, copied or recopied. Optical imaging or electronic
10formatting of any document is subject to authorization under s. 59.52 (14) (a).
SB404, s. 17 11Section 17. 228.03 (2) of the statutes is amended to read:
SB404,29,612 228.03 (2) Any photographic reproduction of an original record meeting the
13applicable standards prescribed in s. 16.61 (7) or copy of a record generated from an
14original record stored in optical disk or electronic format in compliance with the
15applicable standards under
ss. 16.61 and 16.612 shall be taken as and stand in lieu
16of and have all of the effect of the original record and shall be admissible in evidence
17in all courts and all other tribunals or agencies, administrative or otherwise, in all
18cases where the original document is admissible. A transcript, exemplification or
19certified copy of such a reproduction of an original record, or certified copy of a record
20generated from an original record stored in optical disk or electronic format, for the
21purposes specified in this subsection, is deemed to be a transcript, exemplification
22or certified copy of the original. The custodian of a photographic reproduction shall
23place the reproduction or optical disk in conveniently accessible storage and shall
24make provision for preserving, examining and using the reproduction of the record
25or generating a copy of the record from optical disk or electronic storage. An enlarged

1copy of a photographic reproduction of a record made in accordance with the
2applicable standards specified in s. 16.61 (7) or an enlarged copy of a record
3generated from an original record stored in optical disk or electronic format in
4compliance with the applicable standards under ss. 16.61 and 16.612 that is certified
5by the custodian as provided in s. 889.18 (2) has the same effect as an actual-size
6copy.
SB404, s. 18 7Section 18. 889.29 (1) of the statutes is amended to read:
SB404,29,258 889.29 (1) If any business, institution or member of a profession or calling in
9the regular course of business or activity has kept or recorded any memorandum,
10writing, entry, print, representation or combination thereof, of any act, transaction,
11occurrence or event, and in the regular course of business has caused any or all of the
12same to be recorded, copied or reproduced by any photographic, photostatic,
13microfilm, microcard, miniature photographic, or other process which accurately
14reproduces or forms a durable medium for so reproducing the original, or to be
15recorded on an optical disk or in electronic format, the original may be destroyed in
16the regular course of business, unless its preservation is required by law. Such
17reproduction or optical disk record, when reduced to comprehensible format and
18when satisfactorily identified, is as admissible in evidence as the original itself in any
19judicial or administrative proceeding whether the original is in existence or not and
20an enlargement or facsimile of such reproduction of a record or an enlarged copy of
21a record generated from an original record stored in optical disk or electronic format
22is likewise admissible in evidence if the original reproduction is in existence and
23available for inspection under direction of court. The introduction of a reproduced
24record, enlargement or facsimile, does not preclude admission of the original. This
25subsection does not apply to records governed by s. 137.20.
SB404, s. 19
1Section 19. 910.01 (1) of the statutes is amended to read:
SB404,30,52 910.01 (1) Writings and recordings. "Writings" and "recordings" consist of
3letters, words or numbers, or their equivalent, set down by handwriting, typewriting,
4printing, photostating, photographing, magnetic impulse, mechanical or electronic
5recording, or other form of data compilation or recording.
SB404, s. 20 6Section 20. 910.02 of the statutes is amended to read:
SB404,30,9 7910.02 Requirement of original. To prove the content of a writing, recording
8or photograph, the original writing, recording or photograph is required, except as
9otherwise provided in chs. 901 to 911, s. 137.21, or by other statute.
SB404, s. 21 10Section 21. 910.03 of the statutes is amended to read:
SB404,30,15 11910.03 Admissibility of duplicates. A duplicate is admissible to the same
12extent as an original unless (1) a genuine question is raised as to the authenticity of
13the original or (2) in the circumstances it would be unfair to admit the duplicate in
14lieu of the original. This section does not apply to records of transactions governed
15by s. 137.21.
SB404, s. 22 16Section 22. Initial applicability.
SB404,30,1917 (1) This act first applies to electronic records or electronic signatures that are
18created, generated, sent, communicated, received, or initially stored on the effective
19date of this subsection.
SB404,30,2020 (End)
Loading...
Loading...