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.

SB317,17,15 d. The principal shall answer a minimum of 80 percent of the questions correctly.

SB317,17,17 e. The principal may be offered an additional attempt in the event of a failed first attempt.

SB317,17,19 f. During a second attempt, the principal may not be presented with more than 3 questions from the prior attempt.

SB317,17,23 2. The online notary public shall confirm that the principal's credential is valid and matches the principal's claimed identity by using credential analysis consisting of one or more automated software or hardware processes that scan the credential, including its format features, data, bar codes, or other security elements.

SB317,18,2 (4) Electronic record of online notarizations. (a) Subject to par. (e), an online notary public shall keep electronic records for online notarized documents and shall maintain the security of these records. These records shall include all of the following:

SB317,18,3 1. The date and time of the online notarial act.

SB317,18,4 2. The type of online notarial act.

SB317,18,5 3. A description of the online proceeding.

SB317,18,6 4. The name and address of each principal involved in the proceeding.

SB317,18,8 5. A notation of the type of credential provided by each principal involved in the proceeding to the online notary public.

SB317,18,9 6. The fee, if any, charged for the notarization.

SB317,18,12 (b) The online notary public shall create an audio and video copy of the performance of the online notarial act, which recording may provide satisfactory evidence of identification.

SB317,18,15 (c) The online notary public shall 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 access and use.

SB317,18,17 (d) All electronic records shall be maintained for at least 7 years after the date of the transaction or proceeding associated with the record.

SB317,18,23 (e) An online notary public may, by written agreement, designate a repository to maintain the electronic records required under par. (a) and the audio and video recordings required under par. (b). The written agreement shall require the repository to maintain the security of these electronic records and to meet all applicable requirements of this paragraph and par. (c). The repository may be the employer of the online notary public.

SB317,19,2 (5) Use of electronic record, signature, and seal. (a) An online notary public shall take reasonable steps to ensure registered devices used to create electronic signatures are current and have not been revoked or terminated by the devices' issuing authority.