AB293,9,19 f. Noting a protest of a negotiable instrument.

AB293,9,21 g. Performing any other duty prescribed by a specific statute for an online notary public.

AB293,9,24 2. “Electronic notarization system” means a set of applications, programs, hardware, software, or technologies designed to enable an online notary public to perform electronic notarizations.

AB293,10,2 3. “Online notarization system provider” means any person that offers the services of an electronic notarization system.

AB293,10,4 (b) The department shall establish and maintain a registration system for online notarization system providers.

AB293,10,6 (c) No person may conduct business in this state as an online notarization system provider unless the person first registers with the department as such.

AB293,10,11 (d) 1. An online notarization system provider may not authorize use of its electronic notarization system by any person other than an online notary public holding a commission under sub. (2m). An online notarization system provider shall establish a method for enrolling online notaries public authorized to use its electronic notarization system.

AB293,10,14 2. Within 5 days after enrolling an online notary public to use its electronic notarization system, an online notarization system provider shall notify the department of the name of the online notary public.

AB293,10,18 (e) Each online notarization system provider shall take reasonable steps to ensure that any online notary public authorized to use its electronic notarization system has the requisite knowledge to perform electronic notarial acts using the system.

AB293,10,20 (f) An online notarization system provider shall ensure that all of the following requirements are satisfied with respect to its electronic notarization system:

AB293,10,23 1. The electronic notarization system incorporates security measures to limit system access and complies with all security standards established by the department under sub. (13) (a) 5.

AB293,11,2 2. The electronic notarization system allows an online notary public to affix the online notary public's electronic signature and electronic notarial seal in a manner that attributes the electronic notarial act to the online notary public and renders the electronic notarial act tamper-evident.

AB293,16 Section 16. 137.01 (11) of the statutes is created to read:

AB293,11,10 137.01 (11) Termination of notary public's commission; destruction of hardware or software. (a) Except as provided in par. (b), if a notary public maintains any coding, disk, certificate, card, software, or password that enables the notary public's electronic signature or electronic seal to be affixed and if the notary public's commission is terminated, the notary public shall destroy the coding, disk, certificate, card, software, or password within 3 months of termination of the notary public's commission.

AB293,11,15 (b) If a notary public's commission is terminated for any reason other than revocation or denial of renewal, the notary public is not required to destroy the coding, disk, certificate, card, software, or password as described in par. (a) if the notary public is recommissioned within 3 months and keeps the same electronic signature and electronic seal.

AB293,17 Section 17. 137.01 (12) of the statutes is created to read:

AB293,11,20 137.01 (12) Wrongful possession or destruction of software or hardware. Any person who knowingly obtains or destroys, without prior authorization, a certificate, disk, coding, card, program, software, or hardware that enables a notary public's electronic signature or electronic seal to be affixed is guilty of a Class I felony.

AB293,18 Section 18. 137.01 (13) of the statutes is created to read:

AB293,11,23 137.01 (13) Rule making. (a) The department shall promulgate rules that do all of the following:

AB293,11,25 1. Establish standards for online notaries public holding a commission under sub. (2m).

AB293,12,2 2. Establish a minimum period during which online notaries public shall retain evidence of online notarizations.

AB293,12,5 3. Require applicants for appointment as an online notary public under sub. (2m) to complete a course of instruction and identify all courses of instruction approved by the department to satisfy this requirement.

AB293,12,6 4. Specify the electronic notarial seals described in sub. (3) (c).

AB293,12,8 5. Establish security standards for accessing electronic notarization systems maintained by online notarization system providers under sub. (10).

AB293,12,9 (b) The department may promulgate rules that do any of the following:

AB293,12,11 1. Establish maximum fees that may be charged by an online notary public for performing an online notarization.

AB293,12,13 2. Establish any other standard or requirement, not inconsistent with this section and s. 137.195, relating to online notaries public and online notarizations.

AB293,19 Section 19. Subchapter II (title) of chapter 137 [precedes 137.11] of the statutes is amended to read:

AB293,12,16 CHAPTER 137