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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
15correctly.
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
2following:
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.
SB317,18,2318 (e) An online notary public may, by written agreement, designate a repository
19to maintain the electronic records required under par. (a) and the audio and video
20recordings required under par. (b). The written agreement shall require the
21repository to maintain the security of these electronic records and to meet all
22applicable requirements of this paragraph and par. (c). The repository may be the
23employer of the online notary public.
SB317,19,2 24(5) Use of electronic record, signature, and seal. (a) An online notary public
25shall take reasonable steps to ensure registered devices used to create electronic

1signatures are current and have not been revoked or terminated by the devices'
2issuing authority.
SB317,19,43 (b) An online notary public may not allow another person to use the online
4notary public's electronic signature.
SB317,19,75 (c) An online notary public shall immediately report to the department any loss,
6theft, or vandalism of the online notary public's electronic signature or electronic
7seal.
SB317,19,11 8(6) Rule making. The department shall promulgate rules to implement this
9section and to facilitate online notarizations. These rules shall include standards for
10online notarization, credential analysis, identity proofing, and communication
11technology.
SB317,19,14 12(7) Governing law. The validity of an online notarial act shall be determined
13by applying the laws of this state, regardless of the physical location of the principal
14at time of the online notarial act.
SB317,23 15Section 23. 179.14 (1g) (b) of the statutes is amended to read:
SB317,19,1816 179.14 (1g) (b) “Electronic signature" means an electronic sound, symbol, or
17process, attached to, incorporated into, or logically associated with a writing and
18executed or adopted by a person with intent to authenticate the writing.
SB317,24 19Section 24 . 180.0103 (7k) of the statutes is amended to read:
SB317,19,2220 180.0103 (7k) “Electronic signature" means an electronic sound, symbol, or
21process, attached to, incorporated into, or logically associated with a writing and
22executed or adopted by a person with intent to authenticate the writing.
SB317,25 23Section 25. 181.0103 (10p) of the statutes is amended to read:
SB317,20,3
1181.0103 (10p) “Electronic signature" means an electronic sound, symbol, or
2process, attached to, incorporated into, or logically associated with a writing and
3executed or adopted by a person with intent to authenticate the writing.
SB317,26 4Section 26. 183.0107 (1g) (b) of the statutes is amended to read:
SB317,20,75 183.0107 (1g) (b) “Electronic signature" means an electronic sound, symbol, or
6process, attached to, incorporated into, or logically associated with a writing and
7executed or adopted by a person with intent to authenticate the writing.
SB317,27 8Section 27. 193.005 (11p) of the statutes is amended to read:
SB317,20,119 193.005 (11p) “Electronic signature" means an electronic sound, symbol, or
10process, attached to, incorporated into, or logically associated with a writing and
11executed or adopted by a person with intent to authenticate the writing.
SB317,28 12Section 28. 610.60 (4) (e) of the statutes is amended to read:
SB317,20,1813 610.60 (4) (e) If a provision of, or rule promulgated under, chs. 600 to 655
14requires a signature or a notice or document to be notarized, acknowledged, verified,
15or made under oath, the requirement is satisfied if the electronic signature of the
16person authorized to perform those acts, together with all other information required
17to be included by the provision, is attached to, incorporated into, or logically
18associated with the signature, notice, or document.
SB317,29 19Section 29. 706.001 (1) of the statutes is amended to read:
SB317,20,2220 706.001 (1) Subject to the exclusions in sub. (2) and subject to sub. (2m), this
21chapter shall govern every transaction by which any interest in land is created,
22aliened, mortgaged, assigned or may be otherwise affected in law or in equity.
SB317,30 23Section 30. 706.001 (2m) of the statutes is created to read:
SB317,21,3
1706.001 (2m) Section 706.07 is not limited in application to transactions by
2which an interest in land is created, aliened, mortgaged, assigned, or may be
3otherwise affected in law or in equity.
SB317,31 4Section 31. 706.07 (8m) of the statutes is created to read:
SB317,21,65 706.07 (8m) Online notarial acts. (a) Notwithstanding sub. (1) (c), in this
6subsection, “online notarial act” has the meaning given in s. 137.195 (1) (f).
SB317,21,97 (b) Any online notarial act performed in accordance with s. 137.195 is
8considered to be performed in accordance with this section, and any online notary
9public performing such an act is an authorized notarial officer under this section.
SB317,32 10Section 32. 706.25 (1) (d) of the statutes is amended to read:
SB317,21,1311 706.25 (1) (d) “Electronic signature" means an electronic sound, symbol, or
12process attached to, incorporated into, or logically associated with a document and
13executed or adopted by a person with the intent to sign the document.
SB317,33 14Section 33. 706.25 (2) (c) of the statutes is amended to read:
SB317,21,2015 706.25 (2) (c) A requirement that a document or a signature associated with
16a document be notarized, acknowledged, verified, witnessed, or made under oath is
17satisfied if the electronic signature of the person authorized to perform that act, and
18all other information required to be included, is attached to, incorporated into, or
19logically associated with the document or signature. A physical or electronic image
20of a stamp, impression, or seal need not accompany an electronic signature.
SB317,34 21Section 34. 801.18 (1) (f) of the statutes is amended to read:
SB317,22,422 801.18 (1) (f) “Electronic signature" means an electronic sound, symbol, or
23process attached to, incorporated into, or logically associated with a record and
24executed or adopted by a person with the intent to sign the document. For purposes
25of the electronic filing system, a document is electronically signed if it is submitted

1by or on behalf of a user or court official through the electronic filing system and bears
2the name of the user in the place where a signature would otherwise appear.
3“Electronic signature" includes only those signature technologies specifically
4approved by the director.
SB317,35 5Section 35 . Effective date.
SB317,22,76 (1) This act takes effect on the first day of the 4th month beginning after
7publication.
SB317,22,88 (End)
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