SB317,11,10 137.01 (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.

SB317,11,15 (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.

SB317,17 Section 17. 137.01 (12) of the statutes is created to read:

SB317,11,20 137.01 (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.

SB317,18 Section 18. 137.01 (13) of the statutes is created to read:

SB317,11,23 137.01 (13) Rule making. (a) The department shall promulgate rules that do all of the following:

SB317,11,25 1. Establish standards for online notaries public holding a commission under sub. (2m).

SB317,12,2 2. Establish a minimum period during which online notaries public shall retain evidence of online notarizations.

SB317,12,5 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.

SB317,12,6 4. Specify the electronic notarial seals described in sub. (3) (c).

SB317,12,8 5. Establish security standards for accessing electronic notarization systems maintained by online notarization system providers under sub. (10).

SB317,12,9 (b) The department may promulgate rules that do any of the following:

SB317,12,11 1. Establish maximum fees that may be charged by an online notary public for performing an online notarization.

SB317,12,13 2. Establish any other standard or requirement, not inconsistent with this section and s. 137.195, relating to online notaries public and online notarizations.

SB317,19 Section 19. Subchapter II (title) of chapter 137 [precedes 137.11] of the statutes is amended to read:

SB317,12,16 CHAPTER 137

SB317,12,20 SUBCHAPTER II ELECTRONIC TRANSACTIONS AND RECORDS; ELECTRONIC NOTARIZATION AND ACKNOWLEDGEMENT

SB317,20 Section 20. 137.11 (8) of the statutes is amended to read:

SB317,12,24 137.11 (8) “Electronic signature" means an electronic sound, symbol, or process attached to, incorporated into, or logically associated with a record and executed or adopted by a person with the intent to sign the record.

SB317,21 Section 21. 137.19 of the statutes is amended to read:

SB317,13,6 137.19 Notarization and acknowledgement. If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to administer the oath or to make the notarization, acknowledgment, or verification, together with all other information required to be included by other applicable law, is attached to, incorporated into, or logically associated with the signature or record.

SB317,22 Section 22. 137.195 of the statutes is created to read:

SB317,13,8 137.195 Online notarization. (1) Definitions. In this section:

SB317,13,9 (a) “Credential” means a tangible record evidencing the identity of a person.

SB317,13,13 (b) “Credential analysis" means a process or service that complies with any rules promulgated by the department through which a 3rd party affirms the validity of a government-issued credential or any data thereon through review of public and proprietary data sources.

SB317,13,17 (c) “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.

SB317,13,18 (d) “Department” means the department of financial institutions.

SB317,13,22 (e) “Identity proofing" means a process or service operating according to criteria approved by the department through which a 3rd party affirms the identity of an individual through review of personal information from public and proprietary data sources.

SB317,13,25 (f) “Online notarial act" or “online notarization” means a notarial act, as defined in s. 706.07 (1) (c), performed by means of communication technology that meets the standards established by the department.