2019 - 2020 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 293
October 16, 2019 - Offered by Representative Ballweg.
1An Act to repeal
subchapter I (title) of chapter 137 [precedes 137.01], 137.02, 2
subchapter II (title) of chapter 137 [precedes 137.11] and 706.07;
137.01 (title), 137.01 (5), 137.01 (5m) (title), 137.01 (8) and 137.01 (9) (title); to
4renumber and amend
137.01 (1), 137.01 (2), 137.01 (3), 137.01 (4), 137.01 5
(5m) (a), 137.01 (5m) (b), 137.01 (5m) (c), 137.01 (6), 137.01 (6m), 137.01 (7) and 6
137.01 (9); to amend
15.01 (4), 15.185 (title), 20.575 (1) (g), chapter 137 (title), 7
137.11 (intro.) and (4), 137.12 (1), (2) (intro.), (2m) (intro.), (2p), (2r) (intro.), (3), 8
(4), (5) and (6), 137.13 (1), (2), (4) and (5), 137.14 (intro.) and (3), 137.16 (2) 9
(intro.) and (4) (a) and (b), 137.20 (7), 236.21 (2) (a), 236.295 (1) (b), 244.05, 10
244.19 (1), 407.103 (4), 610.60 (2) (a), 703.33 (9), 706.05 (2) (b), 706.05 (8), 11
706.06 (1), 706.085 (2) (a), 708.15 (10) (g), 801.18 (11) (a), 801.18 (11) (e), 12
857.015, 867.045 (2), 867.046 (3), 887.01 (1), 887.01 (3), 887.015 (4) (b) 4., 968.12 13
(2) and 990.01 (38); and to create
15.185 (8), chapter 140 (title), 140.01, 140.02
(5m) (a), 140.04, 140.05, 140.06, 140.07, 140.08, 140.09, 140.10, 140.11, 140.12, 2
140.13, 140.14, 140.145, 140.15, 140.16, 140.17, 140.18, 140.20, 140.24, 140.26, 3
140.27, 140.30, 140.31 and 140.34 of the statutes; relating to: adopting
4provisions of the revised uniform law on notarial acts and repealing a prior
5uniform law on notarial acts, creating a remote notary council, commissioners
6of deeds, providing an exemption from emergency rule procedures, and
7granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
15.01 (4) of the statutes is amended to read:
“Council" means a part-time body appointed to function on a 10
continuing basis for the study, and recommendation of solutions and policy 11
alternatives, of the problems arising in a specified functional area of state 12
government, except the council on physical disabilities has the powers and duties 13
specified in s. 46.29 (1) and (2), the state council on alcohol and other drug abuse has 14
the powers and duties specified in s. 14.24, and
the electronic recording council has 15
the powers and duties specified in s. 706.25 (4), and the remote notary council has
16the powers and duties specified in s. 140.145 (11)
15.185 (title) of the statutes is amended to read:
(title) Same; attached boards
and, offices, and councils
15.185 (8) of the statutes is created to read:
15.185 (8) Remote notary council.
(a) There is created a remote notary council 21
which is attached to the department of financial institutions under s. 15.03.
(b) The council shall be composed of the following members appointed for 23
1. One member who represents an association of title insurance companies.
2. One member who represents attorneys who practice real estate law.
3. One member who represents an association of bankers.
4. One member who represents the providers of communication technology 5
used to perform a notarial act involving a remotely located individual.
5. The secretary of financial institutions or the secretary's designee.
20.575 (1) (g) of the statutes is amended to read:
(g) Program fees.
The amounts in the schedule for the purpose of 9
carrying out general program operations. Except as provided under par. (ka), all 10
amounts received by the secretary of state, including fees under s. 137.02 and
moneys transferred from the appropriation under s. 20.144 (1) (g), shall be credited 12
to this appropriation. Notwithstanding s. 20.001 (3) (a), any unencumbered balance 13
at the close of a fiscal year exceeding 10 percent of that fiscal year's expenditures 14
under this appropriation shall lapse to the general fund.
Chapter 137 (title) of the statutes is amended to read:
TRANSACTIONS AND RECORDS
Subchapter I (title) of chapter 137 [precedes 137.01] of the statutes 20
137.01 (title) of the statutes is renumbered 140.02 (title).
137.01 (1) of the statutes is renumbered 140.02 (1), and 140.02 (1) 23
(a), (b), (d), (e) and (g), as renumbered, are amended to read:
(a) The secretary of financial institutions department
shall appoint 25
notaries public who shall be United States residents and at least 18 years of age.
Applicants who are not attorneys shall file an application with the department of
and pay a $20 fee.
(b) The secretary of financial institutions
shall satisfy himself or
that the applicant has the equivalent of an 8th grade education, is 5
familiar with the duties and responsibilities of a notary public and, subject to ss. 6
111.321, 111.322 and 111.335, does not have an arrest or conviction record.
(d) Qualified applicants shall be notified by the department of financial
to take and file the official oath and execute and file an official bond in 9
the sum of $500, with a surety executed by a surety company and approved by the 10secretary of financial institutions department
(e) The qualified applicant shall file his or her signature, post-office address, 12
and an impression of his or her official seal, or imprint of his or her official rubber 13
with the department of financial institutions
(g) At least 30 days before the expiration of a commission the department of
shall mail provide
notice of the expiration date to the holder of 16
137.01 (2) of the statutes is renumbered 140.02 (2) and amended 18
140.02 (2) Notaries public who are attorneys.
(a) Except as provided in par. 20
(am), any United States resident who is licensed to practice law in this state is 21
entitled to a permanent commission as a notary public upon application to the 22
department of financial institutions
and payment of a $50 fee. The application shall 23
include a certificate of good standing from the supreme court, the signature and 24
post-office address of the applicant and an impression of the applicant's official seal, 25
or imprint of the applicant's official rubber stamp.
(am) If a United States resident has his or her license to practice law in this 2
state suspended or revoked, upon reinstatement of his or her license to practice law 3
in this state, the person may be entitled to receive a certificate of appointment as a 4
notary public for a term of 4 years. An eligible notary appointed under this 5
paragraph is entitled to reappointment for 4-year increments. At least 30 days 6
before the expiration of a commission under this paragraph the department of
shall mail provide
notice of the expiration date to the holder of 8
(b) The secretary of financial institutions
shall issue a certificate 10
of appointment as a notary public to persons who qualify under the requirements of 11
this subsection. The certificate shall state that the notary commission is permanent 12
or is for 4 years.
(c) The supreme court shall file with the department of financial institutions 14
notice of the surrender, suspension,
or revocation of the license to practice law of any 15
attorney who holds a permanent commission as a notary public. Such notice shall 16
be deemed a revocation of said commission.
137.01 (3) of the statutes is renumbered 140.02 (3), and 140.02 (3) 18
(a), as renumbered, is amended to read:
(a) Except as authorized in s. 137.19,
and except as provided in s.
every notary public shall provide an engraved official seal which makes a 21
distinct and legible impression or official rubber stamp which makes a distinct and 22
legible imprint on paper. The impression of the seal or the imprint of the rubber 23
stamp shall state only the following: “Notary Public," “State of Wisconsin" and the 24
name of the notary. But any notarial seal in use on August 1, 1959, shall be 25
considered in compliance.
137.01 (4) of the statutes is renumbered 140.02 (4), and 140.02 (4) 2
(a) and (b), as renumbered, are amended to read:
(a) Every official act of a notary public shall be attested by the notary 4
public's written signature or electronic signature, as defined in s. 137.11 (8)
(b) Except as authorized in s. 137.19, and except when a notary public properly
6uses an official stamp under s. 140.17,
all certificates of acknowledgments of deeds 7
and other conveyances, or any written instrument required or authorized by law to 8
be acknowledged or sworn to before any notary public, within this state, shall be 9
attested by a clear impression of the official seal or imprint of the rubber stamp of 10
said officer, and in addition thereto shall be written or stamped either the day, month 11
and year when the commission of said notary public will expire, or that such 12
commission is permanent.
137.01 (5) of the statutes is renumbered 140.02 (5).
137.01 (5m) (title) of the statutes is renumbered 140.02 (5m) 15
137.01 (5m) (a) of the statutes is renumbered 140.02 (5m) (b) and 17
amended to read:
(b) Except as provided in par. (b) (c)
, a notary public or any provider
19of communication technology
shall keep confidential all documents and information 20provided to the notary public or provider of communication technology or
in any documents reviewed by the notary public or provider of communication
while performing his or,
her, or its
duties as a notary public or provider
23of communication technology
and may release the documents or the information to 24
a 3rd person only with the written consent of the person who requested the services 25
of the notary public or the provider of communication technology. The prohibition
1under this paragraph does not apply when the notary public or the provider of
2communication technology is complying with a request from a regulatory agency or
3supervisory agency or is responding to a lawful subpoena or court order
137.01 (5m) (b) of the statutes is renumbered 140.02 (5m) (c) 1. and 5
amended to read:
(c) 1. Deposition
A notary public or provider of communication
7technology may release deposition
transcripts may be released
to all parties of record 8
in an action. A
92. Subject to subd. 1., a
notary public or provider of communication technology 10
may not release deposition transcripts that have not been made part of the public 11
record to a 3rd party without the written consent of all parties to the action and the 12
deponent unless required by a regulatory agency or supervisory agency or in
13response to a lawful subpoena or court order
When a deposition transcript has been made part of the public record, a 15
notary public who is also a court reporter may, subject to a protective order or 16
agreement to the contrary, release the deposition transcript or sell the transcript to 17
3rd parties without the consent of the person who requested the services of the notary 18
137.01 (5m) (c) of the statutes is renumbered 140.02 (5m) (d) and 20
amended to read:
(d) Any notary public or provider of communication technology 22
violating this subsection shall be subject to the provisions of sub. (8) and may be 23
required to forfeit not more than $500 for each violation