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SB317,6,96 137.01 (2m) Online notaries public; application and commission. (a) A notary
7public holding a commission under sub. (1g) or (2) may also apply to the department
8for a commission as an online notary public. The application shall include, at a
9minimum, all of the following:
SB317,6,1010 1. The applicant's name to be used in acting as an online notary public.
SB317,6,1211 2. A certification that the applicant will comply with standards established by
12the department under sub. (13) (a) 1.
SB317,6,1613 3. A certification that the applicant will use tamper-evident technologies to
14perform online notarizations and will have the capability to retain the evidence of
15these online notarizations for a period established by the department under sub. (13)
16(a) 2.
SB317,6,1817 4. Proof that the applicant has completed a course of instruction approved by
18the department as provided in sub. (13) (a) 3.
SB317,6,2219 5. Disclosure of all instances in which the applicant's commission, license, or
20other authorization as a notary public has been revoked or terminated, or the
21applicant has been otherwise subject to any disciplinary action, in any state within
22the 10-year period preceding the date of application.
SB317,6,2523 (b) Qualified applicants under this subsection shall be notified by the
24department to take and file the official oath as an online notary public. This oath is
25in addition to the oath required under sub. (1g) (d).
1(c) For applicants who have fulfilled the requirements of this subsection, the
2department shall appoint the applicant as an online notary public and issue to the
3applicant a certificate of appointment for a term of 4 years. The certificate shall state
4the expiration date of the commission under this subsection.
SB317,6 5Section 6. 137.01 (3) (a) of the statutes is amended to read:
SB317,7,126 137.01 (3) (a) Except as authorized in s. 137.19, and except as provided in par.
every notary public shall provide an engraved official seal which makes a distinct
8and legible impression or official rubber stamp which makes a distinct and legible
9imprint on paper. The impression of the seal or the imprint of the rubber stamp shall
10state only the following: “Notary Public," “State of Wisconsin" and the name of the
11notary. But any notarial seal in use on August 1, 1959, shall be considered in
SB317,7 13Section 7. 137.01 (3) (c) of the statutes is created to read:
SB317,7,1914 137.01 (3) (c) For electronic notarizations and online notarial acts, the notary
15public and online notary public shall use an electronic notarial seal that clearly and
16legibly states the following: “Notary Public," “State of Wisconsin," and the name of
17the notary. The electronic notarial seal shall afford the notary public or online notary
18public the opportunity to indicate the day, month, and year when his or her
19commission will expire or that the commission is permanent.
SB317,8 20Section 8 . 137.01 (4) (a) of the statutes is amended to read:
SB317,7,2221 137.01 (4) (a) Every official act of a notary public shall be attested by the notary
22public's written signature or electronic signature, as defined in s. 137.11 (8).
SB317,9 23Section 9. 137.01 (4) (b) of the statutes is amended to read:
SB317,8,624 137.01 (4) (b) Except as authorized in s. 137.19, and except when a notary
25public properly uses an electronic notarial seal under sub. (3) (c),
all certificates of

1acknowledgments of deeds and other conveyances, or any written instrument
2required or authorized by law to be acknowledged or sworn to before any notary
3public, within this state, shall be attested by a clear impression of the official seal or
4imprint of the rubber stamp of said officer, and in addition thereto shall be written
5or stamped either the day, month and year when the commission of said notary public
6will expire, or that such commission is permanent.
SB317,10 7Section 10. 137.01 (6) (a) of the statutes is amended to read:
SB317,8,108 137.01 (6) (a) The secretary of financial institutions department may certify
9to the official qualifications of any notary public and to the genuineness of the notary
10public's signature and seal or rubber stamp.
SB317,11 11Section 11. 137.01 (6m) of the statutes is amended to read:
SB317,8,1512 137.01 (6m) Change of residence. A notary public does not vacate his or her
13office by reason of his or her change of residence within the United States. Written
14notice of any change of address shall be given to the department of financial
within 10 days of the change.
SB317,12 16Section 12. 137.01 (7) of the statutes is amended to read:
SB317,9,217 137.01 (7) Official records to be filed. When any notary public ceases to hold
18office, the notary public, or in case of the notary public's death the notary public's
19personal representative, shall deposit the notary public's official records and papers
20with the department of financial institutions. If the notary or personal
21representative, after the records and papers come to his or her hands, neglects for
223 months to deposit them, he or she shall forfeit not less than $50 nor more than $500.
23If any person knowingly destroys, defaces, or conceals any records or papers of any
24notary public, the person shall forfeit not less than $50 nor more than $500, and shall

1be liable for all damages resulting to the party injured. The department of financial
shall receive and safely keep all such papers and records.
SB317,13 3Section 13. 137.01 (9) of the statutes is renumbered 137.01 (9) (am), and
4137.01 (9) (am) (intro.), as renumbered, is amended to read:
SB317,9,65 137.01 (9) (am) (intro.) A Except as provided in par. (bm), a notary public shall
6be allowed the following fees:
SB317,14 7Section 14. 137.01 (9) (bm) of the statutes is created to read:
SB317,9,98 137.01 (9) (bm) Subject to any rule promulgated under sub. (13) (b) 1., an online
9notary public may charge any fee for the performance of an online notarization.
SB317,15 10Section 15. 137.01 (10) of the statutes is created to read:
SB317,9,1111 137.01 (10) Online notarization system providers. (a) In this subsection:
SB317,9,1312 1. “Electronic notarial act” or “electronic notarization” means an act that an
13online notary public is authorized to perform. The term includes all of the following:
SB317,9,1414 a. Taking an acknowledgment.
SB317,9,1515 b. Administering an oath or affirmation.
SB317,9,1616 c. Taking a verification upon oath or affirmation.
SB317,9,1717 d. Witnessing or attesting a signature.
SB317,9,1818 e. Certifying or attesting a copy.
SB317,9,1919 f. Noting a protest of a negotiable instrument.
SB317,9,2120 g. Performing any other duty prescribed by a specific statute for an online
21notary public.
SB317,9,2422 2. “Electronic notarization system” means a set of applications, programs,
23hardware, software, or technologies designed to enable an online notary public to
24perform electronic notarizations.
13. “Online notarization system provider” means any person that offers the
2services of an electronic notarization system.
SB317,10,43 (b) The department shall establish and maintain a registration system for
4online notarization system providers.
SB317,10,65 (c) No person may conduct business in this state as an online notarization
6system provider unless the person first registers with the department as such.
SB317,10,117 (d) 1. An online notarization system provider may not authorize use of its
8electronic notarization system by any person other than an online notary public
9holding a commission under sub. (2m). An online notarization system provider shall
10establish a method for enrolling online notaries public authorized to use its electronic
11notarization system.
SB317,10,1412 2. Within 5 days after enrolling an online notary public to use its electronic
13notarization system, an online notarization system provider shall notify the
14department of the name of the online notary public.
SB317,10,1815 (e) Each online notarization system provider shall take reasonable steps to
16ensure that any online notary public authorized to use its electronic notarization
17system has the requisite knowledge to perform electronic notarial acts using the
SB317,10,2019 (f) An online notarization system provider shall ensure that all of the following
20requirements are satisfied with respect to its electronic notarization system:
SB317,10,2321 1. The electronic notarization system incorporates security measures to limit
22system access and complies with all security standards established by the
23department under sub. (13) (a) 5.
SB317,11,224 2. The electronic notarization system allows an online notary public to affix the
25online notary public's electronic signature and electronic notarial seal in a manner

1that attributes the electronic notarial act to the online notary public and renders the
2electronic notarial act tamper-evident.
SB317,16 3Section 16. 137.01 (11) of the statutes is created to read:
SB317,11,104 137.01 (11) Termination of notary public's commission; destruction of
5hardware or software.
(a) Except as provided in par. (b), if a notary public
6maintains any coding, disk, certificate, card, software, or password that enables the
7notary public's electronic signature or electronic seal to be affixed and if the notary
8public's commission is terminated, the notary public shall destroy the coding, disk,
9certificate, card, software, or password within 3 months of termination of the notary
10public's commission.
SB317,11,1511 (b) If a notary public's commission is terminated for any reason other than
12revocation or denial of renewal, the notary public is not required to destroy the
13coding, disk, certificate, card, software, or password as described in par. (a) if the
14notary public is recommissioned within 3 months and keeps the same electronic
15signature and electronic seal.
SB317,17 16Section 17. 137.01 (12) of the statutes is created to read:
SB317,11,2017 137.01 (12) Wrongful possession or destruction of software or hardware.
18Any person who knowingly obtains or destroys, without prior authorization, a
19certificate, disk, coding, card, program, software, or hardware that enables a notary
20public's electronic signature or electronic seal to be affixed is guilty of a Class I felony.
SB317,18 21Section 18. 137.01 (13) of the statutes is created to read:
SB317,11,2322 137.01 (13) Rule making. (a) The department shall promulgate rules that do
23all of the following:
SB317,11,2524 1. Establish standards for online notaries public holding a commission under
25sub. (2m).
12. Establish a minimum period during which online notaries public shall retain
2evidence of online notarizations.
SB317,12,53 3. Require applicants for appointment as an online notary public under sub.
4(2m) to complete a course of instruction and identify all courses of instruction
5approved by the department to satisfy this requirement.
SB317,12,66 4. Specify the electronic notarial seals described in sub. (3) (c).
SB317,12,87 5. Establish security standards for accessing electronic notarization systems
8maintained by online notarization system providers under sub. (10).
SB317,12,99 (b) The department may promulgate rules that do any of the following:
SB317,12,1110 1. Establish maximum fees that may be charged by an online notary public for
11performing an online notarization.
SB317,12,1312 2. Establish any other standard or requirement, not inconsistent with this
13section and s. 137.195, relating to online notaries public and online notarizations.
SB317,19 14Section 19. Subchapter II (title) of chapter 137 [precedes 137.11] of the
15statutes is amended to read:
SB317,12,1616 CHAPTER 137
SB317,20 21Section 20. 137.11 (8) of the statutes is amended to read:
SB317,12,2422 137.11 (8) “Electronic signature" means an electronic sound, symbol, or process
23attached to, incorporated into, or logically associated with a record and executed or
24adopted by a person with the intent to sign the record.
SB317,21 25Section 21. 137.19 of the statutes is amended to read:
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, incorporated into, or logically associated with the signature or record.
SB317,22 7Section 22. 137.195 of the statutes is created to read:
SB317,13,8 8137.195 Online notarization. (1) Definitions. In this section:
SB317,13,99 (a) “Credential” means a tangible record evidencing the identity of a person.
SB317,13,1310 (b) “Credential analysis" means a process or service that complies with any
11rules promulgated by the department through which a 3rd party affirms the validity
12of a government-issued credential or any data thereon through review of public and
13proprietary data sources.
SB317,13,1714 (c) “Communication technology” means an electronic device or process that
15allows an individual physically in one location and a notary public physically located
16at another location in this state to communicate with each other in real time by sight
17and sound.
SB317,13,1818 (d) “Department” means the department of financial institutions.
SB317,13,2219 (e) “Identity proofing" means a process or service operating according to criteria
20approved by the department through which a 3rd party affirms the identity of an
21individual through review of personal information from public and proprietary data
SB317,13,2523 (f) “Online notarial act" or “online notarization” means a notarial act, as defined
24in s. 706.07 (1) (c), performed by means of communication technology that meets the
25standards established by the department.
1(g) “Online notary public” means a person appointed and holding a commission
2under s. 137.01 (2m).
SB317,14,33 (h) “Principal" means any of the following:
SB317,14,54 1. An individual whose electronic signature is notarized in an online
SB317,14,76 2. An individual taking an oath or affirmation from an online notary public but
7not in the capacity of a witness for the online notarial act.
SB317,14,98 (i) “Real time” means the actual span of uninterrupted time during which all
9parts of an online notarial act occur.
SB317,14,1210 (j) “Remote presentation" means the transmission to an online notary public
11through communication technology of an image of a government-issued credential
12that is of sufficient quality to enable the online notary public to do all of the following:
SB317,14,1313 1. Identify the individual appearing before the online notary public.
SB317,14,1414 2. Perform a credential analysis.
SB317,14,1615 (k) “United States” has the meaning given in s. 990.01 (44) but also includes
16a tribe, as defined in s. 822.02 (16).
SB317,14,19 17(2) Authority to perform online notarizations. (a) An online notary public
18may perform online notarial acts for a person who is physically located in the United
SB317,14,2120 (am) An online notary public may perform online notarial acts for a person who
21is physically located outside the United States if all of the following apply:
SB317,14,2422 1. The online notarial act is not, to the notary's actual knowledge, prohibited
23in the jurisdiction where the person is physically located at the time of the online
24notarial act.
SB317,14,2525 2. The online notarial act relates to any of the following: