SB317,14,12 (j) “Remote presentation" means the transmission to an online notary public through communication technology of an image of a government-issued credential that is of sufficient quality to enable the online notary public to do all of the following:

SB317,14,13 1. Identify the individual appearing before the online notary public.

SB317,14,14 2. Perform a credential analysis.

SB317,14,16 (k) “United States” has the meaning given in s. 990.01 (44) but also includes a tribe, as defined in s. 822.02 (16).

SB317,14,19 (2) Authority to perform online notarizations. (a) An online notary public may perform online notarial acts for a person who is physically located in the United States.

SB317,14,21 (am) An online notary public may perform online notarial acts for a person who is physically located outside the United States if all of the following apply:

SB317,14,24 1. The online notarial act is not, to the notary's actual knowledge, prohibited in the jurisdiction where the person is physically located at the time of the online notarial act.

SB317,14,25 2. The online notarial act relates to any of the following:

SB317,15,2 a. A matter that is before a court, a governmental entity, or another entity in the United States.

SB317,15,3 b. Property located in the United States.

SB317,15,4 c. A transaction substantially connected to the United States.

SB317,15,6 (b) An online notary public must be physically located in this state in order to perform the online notarial act.

SB317,15,11 (3) Online notarization procedures. (a) An online notary public shall verify the identity of the person creating the electronic signature at the time the signature is taken by using communication technology that meets the requirements of this section and rules promulgated by the department. The identity may be verified by any of the following:

SB317,15,13 1. The online notary public's personal knowledge of the person creating the electronic signature.

SB317,15,14 2. The occurrence of all of the following:

SB317,15,17 a. The principal's remote presentation of a government-issued credential, including a passport or operator's license, that contains a signature and photograph of the principal.

SB317,15,19 b. The online notary public's application of credential analysis to the credential under subd. 2. a.

SB317,15,21 c. The online notary public's use of identity proofing with respect to the principal making the remote presentation under subd. 2. a.

SB317,15,24 (b) The online notary public shall take reasonable steps to ensure that the communication technology used for the online notarization is secure from unauthorized use.

SB317,16,3 (c) A principal for whom an online notarization is performed under this section is considered, for purposes of any other law, to appear personally before and be in the physical presence of the online notary public at the time of the online notarial act.

SB317,16,7 (d) 1. For each online notarial act performed under this section, the online notary public shall prepare an electronic certificate of notarial act that satisfies the requirements for a certificate of notarial act under s. 706.07 (7) and (8) except to the extent provided in subds. 2. to 4.

SB317,16,15 2. The electronic certificate of notarial act for an online notarial act shall clearly indicate that the principal appeared by remote presentation, and the face of the notarized record shall clearly indicate that it was notarized by means of an online notarial act. For purposes of the forms under s. 706.07 (8) and any other form authorized under s. 706.07 (7) (b), a principal for whom an online notarial act is performed is considered to be before the online notary public. An electronic certificate of notarial act for an online notarial act shall be in lieu of any written certificate.

SB317,16,21 3. For purposes of determining the jurisdiction in which an online notarial act is performed, the location of the online notary public shall be determinative. The commission expiration date appearing on the certificate shall be the expiration date of the commission as an online notary public, regardless of any other commission the notary public holds. The online notary public shall use on the electronic certificate the electronic notarial seal under s. 137.01 (3) (c).

SB317,16,25 4. By executing an electronic certificate of notarial act under this paragraph, the online notary public certifies that the online notary public has acted in compliance with this section. Section 706.07 (7) (c) does not apply with respect to an electronic certificate of notarial act.

SB317,17,2 (e) An online notarial act performed under this section involving the principal's remote presentation shall comply with the following minimum standards:

SB317,17,5 1. The online notary public shall use identity proofing that includes knowledge-based authentication with at least the following minimum security characteristics:

SB317,17,7 a. The principal shall be presented with 5 or more questions with a minimum of 5 possible answer choices per question.

SB317,17,11 b. Each question under subd. 1. a. shall be drawn from a 3rd-party provider of public and proprietary data sources and be identifiable to the principal's social security number or other identification information or the principal's identity and historical events records.

SB317,17,13 c. Responses to all questions under subd. 1. a. shall be made within a 2-minute time constraint.