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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:
1a. A matter that is before a court, a governmental entity, or another entity in
2the United States.
SB317,15,33 b. Property located in the United States.
SB317,15,44 c. A transaction substantially connected to the United States.
SB317,15,65 (b) An online notary public must be physically located in this state in order to
6perform the online notarial act.
SB317,15,11 7(3) Online notarization procedures. (a) An online notary public shall verify
8the identity of the person creating the electronic signature at the time the signature
9is taken by using communication technology that meets the requirements of this
10section and rules promulgated by the department. The identity may be verified by
11any of the following:
SB317,15,1312 1. The online notary public's personal knowledge of the person creating the
13electronic signature.
SB317,15,1414 2. The occurrence of all of the following:
SB317,15,1715 a. The principal's remote presentation of a government-issued credential,
16including a passport or operator's license, that contains a signature and photograph
17of the principal.
SB317,15,1918 b. The online notary public's application of credential analysis to the credential
19under subd. 2. a.
SB317,15,2120 c. The online notary public's use of identity proofing with respect to the
21principal making the remote presentation under subd. 2. a.
SB317,15,2422 (b) The online notary public shall take reasonable steps to ensure that the
23communication technology used for the online notarization is secure from
24unauthorized use.
1(c) A principal for whom an online notarization is performed under this section
2is considered, for purposes of any other law, to appear personally before and be in the
3physical presence of the online notary public at the time of the online notarial act.
SB317,16,74 (d) 1. For each online notarial act performed under this section, the online
5notary public shall prepare an electronic certificate of notarial act that satisfies the
6requirements for a certificate of notarial act under s. 706.07 (7) and (8) except to the
7extent provided in subds. 2. to 4.
SB317,16,158 2. The electronic certificate of notarial act for an online notarial act shall clearly
9indicate that the principal appeared by remote presentation, and the face of the
10notarized record shall clearly indicate that it was notarized by means of an online
11notarial act. For purposes of the forms under s. 706.07 (8) and any other form
12authorized under s. 706.07 (7) (b), a principal for whom an online notarial act is
13performed is considered to be before the online notary public. An electronic
14certificate of notarial act for an online notarial act shall be in lieu of any written
SB317,16,2116 3. For purposes of determining the jurisdiction in which an online notarial act
17is performed, the location of the online notary public shall be determinative. The
18commission expiration date appearing on the certificate shall be the expiration date
19of the commission as an online notary public, regardless of any other commission the
20notary public holds. The online notary public shall use on the electronic certificate
21the electronic notarial seal under s. 137.01 (3) (c).
SB317,16,2522 4. By executing an electronic certificate of notarial act under this paragraph,
23the online notary public certifies that the online notary public has acted in
24compliance with this section. Section 706.07 (7) (c) does not apply with respect to an
25electronic certificate of notarial act.
1(e) An online notarial act performed under this section involving the principal's
2remote presentation shall comply with the following minimum standards:
SB317,17,53 1. The online notary public shall use identity proofing that includes
4knowledge-based authentication with at least the following minimum security
SB317,17,76 a. The principal shall be presented with 5 or more questions with a minimum
7of 5 possible answer choices per question.
SB317,17,118 b. Each question under subd. 1. a. shall be drawn from a 3rd-party provider
9of public and proprietary data sources and be identifiable to the principal's social
10security number or other identification information or the principal's identity and
11historical events records.
SB317,17,1312 c. Responses to all questions under subd. 1. a. shall be made within a 2-minute
13time constraint.
SB317,17,1514 d. The principal shall answer a minimum of 80 percent of the questions
SB317,17,1716 e. The principal may be offered an additional attempt in the event of a failed
17first attempt.
SB317,17,1918 f. During a second attempt, the principal may not be presented with more than
193 questions from the prior attempt.
SB317,17,2320 2. The online notary public shall confirm that the principal's credential is valid
21and matches the principal's claimed identity by using credential analysis consisting
22of one or more automated software or hardware processes that scan the credential,
23including its format features, data, bar codes, or other security elements.
SB317,18,2 24(4) Electronic record of online notarizations. (a) Subject to par. (e), an
25online notary public shall keep electronic records for online notarized documents and

1shall maintain the security of these records. These records shall include all of the
SB317,18,33 1. The date and time of the online notarial act.
SB317,18,44 2. The type of online notarial act.
SB317,18,55 3. A description of the online proceeding.
SB317,18,66 4. The name and address of each principal involved in the proceeding.
SB317,18,87 5. A notation of the type of credential provided by each principal involved in the
8proceeding to the online notary public.
SB317,18,99 6. The fee, if any, charged for the notarization.
SB317,18,1210 (b) The online notary public shall create an audio and video copy of the
11performance of the online notarial act, which recording may provide satisfactory
12evidence of identification.
SB317,18,1513 (c) The online notary public shall take reasonable steps to ensure the integrity
14and security of online notarizations, maintain a backup for all electronic records, and
15protect the backup records from unauthorized access and use.
SB317,18,1716 (d) All electronic records shall be maintained for at least 7 years after the date
17of the transaction or proceeding associated with the record.