SB55-ASA1-AA1,961,17 16" Section 2834. Subchapter II (title) of chapter 137 [precedes 137.04] of the
17statutes is amended to read:
SB55-ASA1-AA1,961,1818 CHAPTER 137
SB55-ASA1-AA1,961,2319 subchAPTER ii
20 ELECTRONIC SIGNATURES
21TRANSACTIONS AND records;
22 Electronic notarization
23 and acknowledgement
SB55-ASA1-AA1, s. 2835 24Section 2835. 137.04 of the statutes is repealed.
SB55-ASA1-AA1, s. 2836
1Section 2836. 137.05 (title) of the statutes is renumbered 137.25 (title) and
2amended to read:
SB55-ASA1-AA1,962,4 3137.25 (title) Submission of written documents records to
4governmental units
.
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SB55-ASA1-AA1, s. 2838 14Section 2838. 137.06 of the statutes is repealed.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.