This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
Analysis by the Legislative Reference Bureau
This bill allows a notary public holding a commission from the Department of
Financial Institutions to obtain an additional commission as an online notary public,
which authorizes the notary public to perform online notarial acts for persons who
are not in the same physical location as the notary public. The bill also authorize any
notary public to use an electronic seal in addition to an electronic signature. The bill
further requires registration of online notarization system providers.

Under current law, DFI issues commissions to notaries public. The commission
of an attorney is permanent and the commission of a nonattorney is for a term of four
years. A notary public must maintain an official seal or stamp that, applied to paper,
leaves a legible impression or imprint stating “Notary Public,” “ State of Wisconsin,”
and the name of the notary. Among a notary public's powers, a notary public may
administer oaths and take acknowledgements of deeds or other written instruments.
Every official act of a notary public must be attested by the notary public's written
signature or electronic signature, and the seal or stamp must be applied to notarized
deeds or other written instruments that are acknowledged or sworn to. Under the
Uniform Electronic Transactions Act, as adopted in this state, if a law requires a
person's signature or a record (which may be tangible or electronic) to be notarized,
this requirement is satisfied if the electronic signature of a notary public, together
with any other information required to be included, is attached to or logically
associated with the person's signature or the record.
Current law also includes the Uniform Law on Notarial Acts, as adopted in this
state, which applies to notaries public and others authorized by law to perform
notarial acts. Under the uniform law, a “notarial act” includes, among other actions,
1) taking an acknowledgment (which is a declaration that a person has executed an
instrument and, if executed in a representative capacity, that the person signed the
instrument with proper authority), 2) administering an oath or affirmation, 3)
taking a verification upon oath or affirmation (which is a declaration that a
statement is true, made by a person upon oath or affirmation), and 4) witnessing or
attesting a signature. The uniform law specifies certain requirements for
performing notarials acts, including verification of the identity of the person for
whom the notarial act is performed. When performed by a notary public, a notarial
act must be evidenced by a certificate of notarial act signed and dated by the notary
public that includes identification of the jurisdiction in which the notarial act is
performed and the date of expiration, if any, of the notary public's commission. The
uniform law includes various forms for certificates of notarial acts that provide for
the notary public's seal or stamp to be affixed and include other information. By
executing a certificate of a notarial act, a notary public certifies that he or she has
satisfied the requirements for performing that notarial act.
Under this bill, a person who holds a commission from DFI as a notary public
and who meets certain eligibility requirements may obtain an additional commission
as an online notary public. The term of this commission is four years. An online
notary public who is physically located in this state may perform an online notarial
act for a person who is physically located in the United States or for a person who is
physically located outside the United States if certain conditions are satisfied. An
online notarial act is a notarial act, as described above, performed by means of
communication technology that meets standards established by DFI.
“Communication technology” means an electronic device or process that allows an
individual physically in one location and a notary public physically located at
another location in this state to communicate with each other in real time by sight
and sound. An online notary public must verify the identity of the person for whom
the notarial act is performed (principal) using certain prescribed procedures. A

person for whom an online notarial act is performed is considered to appear
personally before the online notary public at the time of the online notarial act. An
online notary public must use an electronic notarial seal for an online notarial act
and must prepare an electronic certificate of notarial act that satisfies certain
requirements. An online notary public must keep specified electronic records for
online notarized documents and must maintain the security of these records. The
online notary public must also create an audio and video copy of the performance of
the online notarial act. The online notary public must take reasonable steps to
ensure the integrity and security of online notarizations, maintain a backup for all
electronic records, and protect the backup records from unauthorized use. The
online notary public may, however, designate a repository to maintain the electronic
records and the audio and video recordings, and if such a designation is made the
repository is subject to these requirements.
The bill also requires any person that offers the services of an electronic
notarization system (online notarization system provider) to register with DFI. An
online notarization system provider may authorize only DFI-commissioned online
notaries public to use its electronic notarization system and must notify DFI of each
online notary public authorized to use its system. The system must incorporate
security measures.
The bill also authorizes any notary public to use an electronic signature and
electronic seal for notarial acts performed in the physical presence of the principal.
The bill provides for rule making by DFI relating to online notaries public and
online notarial acts.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB317,1 1Section 1. Subchapter I (title) of chapter 137 [precedes 137.01] of the statutes
2is amended to read:
SB317,3,33 CHAPTER 137
SB317,4,24 SUBCHAPTER I
5 NOTARIES AND COMMISSIONERS OF
6 DEEDS; NONELECTRONIC

1 NOTARIZATION
2 AND ACKNOWLEDGEMENT
SB317,2 3Section 2. 137.01 (1) of the statutes is renumbered 137.01 (1g), and 137.01 (1g)
4(a), (b), (d), (e) and (g), as renumbered, are amended to read:
SB317,4,85 137.01 (1g) (a) The secretary of financial institutions department shall appoint
6notaries public who shall be United States residents and at least 18 years of age.
7Applicants who are not attorneys shall file an application with the department of
8financial institutions
and pay a $20 fee.
SB317,4,129 (b) The secretary of financial institutions department shall satisfy himself or
10herself
itself that the applicant has the equivalent of an 8th grade education, is
11familiar with the duties and responsibilities of a notary public and, subject to ss.
12111.321, 111.322 and 111.335, does not have an arrest or conviction record.
SB317,4,1613 (d) Qualified applicants shall be notified by the department of financial
14institutions
to take and file the official oath and execute and file an official bond in
15the sum of $500, with a surety executed by a surety company and approved by the
16secretary of financial institutions department.
SB317,4,1917 (e) The qualified applicant shall file his or her signature, post-office address,
18and an impression of his or her official seal, or imprint of his or her official rubber
19stamp, with the department of financial institutions.
SB317,4,2220 (g) At least 30 days before the expiration of a commission the department of
21financial institutions
shall mail notice of the expiration date to the holder of a
22commission.
SB317,3 23Section 3. 137.01 (1c) of the statutes is created to read:
SB317,4,2424 137.01 (1c) Definitions. In this section:
SB317,4,2525 (a) “Department” means the department of financial institutions.
SB317,5,1
1(b) “Electronic signature” has the meaning given in s. 137.11 (8).
SB317,5,32 (c) “Online notarial act” or “online notarization” has the meaning given in s.
3137.195 (1) (f).
SB317,5,54 (d) “Tamper-evident” means that any change to a record generates evidence
5of the change.
SB317,4 6Section 4. 137.01 (2) of the statutes is amended to read:
SB317,5,137 137.01 (2) Notaries public who are attorneys. (a) Except as provided in par.
8(am), any United States resident who is licensed to practice law in this state is
9entitled to a permanent commission as a notary public upon application to the
10department of financial institutions and payment of a $50 fee. The application shall
11include a certificate of good standing from the supreme court, the signature and
12post-office address of the applicant and an impression of the applicant's official seal,
13or imprint of the applicant's official rubber stamp.
SB317,5,2114 (am) If a United States resident has his or her license to practice law in this
15state suspended or revoked, upon reinstatement of his or her license to practice law
16in this state, the person may be entitled to receive a certificate of appointment as a
17notary public for a term of 4 years. An eligible notary appointed under this
18paragraph is entitled to reappointment for 4-year increments. At least 30 days
19before the expiration of a commission under this paragraph the department of
20financial institutions
shall mail notice of the expiration date to the holder of the
21commission.
SB317,5,2522 (b) The secretary of financial institutions department shall issue a certificate
23of appointment as a notary public to persons who qualify under the requirements of
24this subsection. The certificate shall state that the notary commission is permanent
25or is for 4 years.
SB317,6,4
1(c) The supreme court shall file with the department of financial institutions
2notice of the surrender, suspension, or revocation of the license to practice law of any
3attorney who holds a permanent commission as a notary public. Such notice shall
4be deemed a revocation of said commission.
SB317,5 5Section 5. 137.01 (2m) of the statutes is created to read:
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).
SB317,7,4
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.
7(c),
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
12compliance.
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
15institutions
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
2institutions
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.
SB317,10,2
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
18system.
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).
SB317,12,2
12. Establish a minimum period during which online notaries public shall retain
2evidence of online notarizations.
Loading...
Loading...