LRBs0312/2
JTK/RJM/RPN:cmh:kjf
1999 - 2000 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 1999 ASSEMBLY BILL 267
March 14, 2000 - Offered by
Committee on Privacy, Electronic Commerce and
Financial Institutions.
AB267-SSA1,1,5
1An Act to repeal 137.04 (1), 137.06 (1) (e) and 224.30;
to renumber and amend
2137.05;
to amend 137.05 (title);
to repeal and recreate 137.04 (2); and
to
3create 137.01 (6e), 137.04 (1m) and 137.05 (2) of the statutes;
relating to: the
4use and regulation of electronic signatures, providing an exemption from
5emergency rule procedures and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB267-SSA1,2,27
137.01
(6e) Electronic signatures. The secretary of state and department of
8administration shall jointly promulgate rules establishing requirements that a
9notary public must satisfy in order to use an electronic signature, as defined in s.
10137.04 (2), for any attestation. The joint rules shall be numbered as rules of each
11agency in the Wisconsin Administrative Code. The electronic signature of a notary
1public is not valid for official acts unless the signature is used in compliance with
2those requirements.
AB267-SSA1,2,75
137.04
(1m) "Document" means information that is inscribed on a tangible
6medium or that is stored in an electronic or other medium and that is retrievable in
7a perceivable form.
AB267-SSA1, s. 4
8Section
4. 137.04 (2) of the statutes is repealed and recreated to read:
AB267-SSA1,2,119
137.04
(2) "Electronic signature" means an electronic sound, symbol or process
10that is attached to or logically associated with a document and that is executed or
11adopted by a person with intent to sign the document.
AB267-SSA1, s. 5
12Section
5. 137.05 (title) of the statutes is amended to read:
AB267-SSA1,2,13
13137.05 (title)
Submission of written documents to governmental units.
AB267-SSA1, s. 6
14Section
6. 137.05 of the statutes is renumbered 137.05 (1) and amended to
15read:
AB267-SSA1,2,2116
137.05
(1) Unless otherwise prohibited by law, any document that is required
17by law to be submitted in writing to a governmental unit and that requires a written
18signature may be submitted by transforming the document into electronic format,
19but A document that is signed or given effect with an electronic signature may be
20submitted to a governmental unit only with the consent of the governmental unit
21that is to receive the document.
AB267-SSA1,3,223
137.05
(2) The department of administration shall promulgate rules
24concerning the use of electronic signatures by governmental units. With respect to
1use of electronic signatures by notaries public, the rules shall be consistent with rules
2promulgated under s. 137.01 (6e).
AB267-SSA1,3,166
(1)
Use of electronic signatures by governmental units. Using the procedure
7under section 227.24 of the statutes, the department of administration may
8promulgate emergency rules under section 137.05 (2) of the statutes, as created by
9this act, for the period before the effective date of permanent rules initially
10promulgated under section 137.05 (2) of the statutes, as created by this act, but not
11to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes.
12Notwithstanding section 227.24 (1) (a), (2) (b) and (3) of the statutes, the department
13is not required to provide evidence that promulgating a rule under this subsection
14as an emergency rule is necessary for the preservation of the public peace, health,
15safety or welfare and is not required to provide a finding of emergency for a rule
16promulgated under this subsection.
AB267-SSA1,3,2017
(2)
Use of electronic signatures by notaries public. The secretary of state
18and department of administration shall promulgate initial rules under section
19137.01 (6e) of the statutes, as created by this act, to become effective no later than
20January 1, 2002.
AB267-SSA1,3,2322
(1)
This act takes effect on the first day of the 4th month beginning after
23publication.
