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(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.
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1(g) “Online notary public” means a person appointed and holding a commission
2under s. 137.01 (2m).
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(h) “Principal" means any of the following:
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1. An individual whose electronic signature is notarized in an online
5notarization.
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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.
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(i) “Real time” means the actual span of uninterrupted time during which all
9parts of an online notarial act occur.
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(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:
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1. Identify the individual appearing before the online notary public.
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2. Perform a credential analysis.
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(k) “United States” has the meaning given in s. 990.01 (44) but also includes
16a tribe, as defined in s. 822.02 (16).
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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
19States.
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(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:
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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.
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2. The online notarial act relates to any of the following:
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1a. A matter that is before a court, a governmental entity, or another entity in
2the United States.
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b. Property located in the United States.
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c. A transaction substantially connected to the United States.
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(b) An online notary public must be physically located in this state in order to
6perform the online notarial act.
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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:
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1. The online notary public's personal knowledge of the person creating the
13electronic signature.
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2. The occurrence of all of the following:
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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.
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b. The online notary public's application of credential analysis to the credential
19under subd. 2. a.
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c. The online notary public's use of identity proofing with respect to the
21principal making the remote presentation under subd. 2. a.
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(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.
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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.
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(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.
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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
15certificate.
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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).
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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.
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1(e) An online notarial act performed under this section involving the principal's
2remote presentation shall comply with the following minimum standards:
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1. The online notary public shall use identity proofing that includes
4knowledge-based authentication with at least the following minimum security
5characteristics:
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a. The principal shall be presented with 5 or more questions with a minimum
7of 5 possible answer choices per question.
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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.
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c. Responses to all questions under subd. 1. a. shall be made within a 2-minute
13time constraint.
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d. The principal shall answer a minimum of 80 percent of the questions
15correctly.
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e. The principal may be offered an additional attempt in the event of a failed
17first attempt.
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f. During a second attempt, the principal may not be presented with more than
193 questions from the prior attempt.
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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.
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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:
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1. The date and time of the online notarial act.
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2. The type of online notarial act.
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3. A description of the online proceeding.
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4. The name and address of each principal involved in the proceeding.
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5. A notation of the type of credential provided by each principal involved in the
8proceeding to the online notary public.
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6. The fee, if any, charged for the notarization.
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(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.
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(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.
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(d) All electronic records shall be maintained for at least 7 years after the date
17of the transaction or proceeding associated with the record.
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(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.
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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.
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(b) An online notary public may not allow another person to use the online
4notary public's electronic signature.
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(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.
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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.
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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.
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15Section
23. 179.14 (1g) (b) of the statutes is amended to read:
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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.
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19Section 24
. 180.0103 (7k) of the statutes is amended to read:
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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.
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23Section
25. 181.0103 (10p) of the statutes is amended to read:
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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.
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4Section
26. 183.0107 (1g) (b) of the statutes is amended to read:
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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.
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8Section
27. 193.005 (11p) of the statutes is amended to read:
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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.
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12Section
28. 610.60 (4) (e) of the statutes is amended to read:
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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.
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19Section
29. 706.001 (1) of the statutes is amended to read:
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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.
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23Section
30. 706.001 (2m) of the statutes is created to read:
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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.
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4Section
31. 706.07 (8m) of the statutes is created to read:
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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).
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(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.
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10Section
32. 706.25 (1) (d) of the statutes is amended to read:
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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.
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14Section
33. 706.25 (2) (c) of the statutes is amended to read:
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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.
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21Section
34. 801.18 (1) (f) of the statutes is amended to read:
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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.
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(1)
This act takes effect on the first day of the 4th month beginning after
7publication.