SB317,4,8 137.01 (1g) (a) The secretary of financial institutions department shall appoint notaries public who shall be United States residents and at least 18 years of age. Applicants who are not attorneys shall file an application with the department of financial institutions and pay a $20 fee.

SB317,4,12 (b) The secretary of financial institutions department shall satisfy himself or herself itself that the applicant has the equivalent of an 8th grade education, is familiar with the duties and responsibilities of a notary public and, subject to ss. 111.321, 111.322 and 111.335, does not have an arrest or conviction record.

SB317,4,16 (d) Qualified applicants shall be notified by the department of financial institutions to take and file the official oath and execute and file an official bond in the sum of $500, with a surety executed by a surety company and approved by the secretary of financial institutions department.

SB317,4,19 (e) The qualified applicant shall file his or her signature, post-office address, and an impression of his or her official seal, or imprint of his or her official rubber stamp, with the department of financial institutions.

SB317,4,22 (g) At least 30 days before the expiration of a commission the department of financial institutions shall mail notice of the expiration date to the holder of a commission.

SB317,3 Section 3. 137.01 (1c) of the statutes is created to read:

SB317,4,24 137.01 (1c) Definitions. In this section:

SB317,4,25 (a) “Department” means the department of financial institutions.

SB317,5,1 (b) “Electronic signature” has the meaning given in s. 137.11 (8).

SB317,5,3 (c) “Online notarial act” or “online notarization” has the meaning given in s. 137.195 (1) (f).

SB317,5,5 (d) “Tamper-evident” means that any change to a record generates evidence of the change.

SB317,4 Section 4. 137.01 (2) of the statutes is amended to read:

SB317,5,13 137.01 (2) Notaries public who are attorneys. (a) Except as provided in par. (am), any United States resident who is licensed to practice law in this state is entitled to a permanent commission as a notary public upon application to the department of financial institutions and payment of a $50 fee. The application shall include a certificate of good standing from the supreme court, the signature and post-office address of the applicant and an impression of the applicant's official seal, or imprint of the applicant's official rubber stamp.

SB317,5,21 (am) If a United States resident has his or her license to practice law in this state suspended or revoked, upon reinstatement of his or her license to practice law in this state, the person may be entitled to receive a certificate of appointment as a notary public for a term of 4 years. An eligible notary appointed under this paragraph is entitled to reappointment for 4-year increments. At least 30 days before the expiration of a commission under this paragraph the department of financial institutions shall mail notice of the expiration date to the holder of the commission.

SB317,5,25 (b) The secretary of financial institutions department shall issue a certificate of appointment as a notary public to persons who qualify under the requirements of this subsection. The certificate shall state that the notary commission is permanent or is for 4 years.

SB317,6,4 (c) The supreme court shall file with the department of financial institutions notice of the surrender, suspension, or revocation of the license to practice law of any attorney who holds a permanent commission as a notary public. Such notice shall be deemed a revocation of said commission.

SB317,5 Section 5. 137.01 (2m) of the statutes is created to read:

SB317,6,9 137.01 (2m) Online notaries public; application and commission. (a) A notary public holding a commission under sub. (1g) or (2) may also apply to the department for a commission as an online notary public. The application shall include, at a minimum, all of the following:

SB317,6,10 1. The applicant's name to be used in acting as an online notary public.

SB317,6,12 2. A certification that the applicant will comply with standards established by the department under sub. (13) (a) 1.

SB317,6,16 3. A certification that the applicant will use tamper-evident technologies to perform online notarizations and will have the capability to retain the evidence of these online notarizations for a period established by the department under sub. (13) (a) 2.

SB317,6,18 4. Proof that the applicant has completed a course of instruction approved by the department as provided in sub. (13) (a) 3.

SB317,6,22 5. Disclosure of all instances in which the applicant's commission, license, or other authorization as a notary public has been revoked or terminated, or the applicant has been otherwise subject to any disciplinary action, in any state within the 10-year period preceding the date of application.

SB317,6,25 (b) Qualified applicants under this subsection shall be notified by the department to take and file the official oath as an online notary public. This oath is in addition to the oath required under sub. (1g) (d).

SB317,7,4 (c) For applicants who have fulfilled the requirements of this subsection, the department shall appoint the applicant as an online notary public and issue to the applicant a certificate of appointment for a term of 4 years. The certificate shall state the expiration date of the commission under this subsection.

SB317,6 Section 6. 137.01 (3) (a) of the statutes is amended to read:

SB317,7,12 137.01 (3) (a) Except as authorized in s. 137.19, and except as provided in par. (c), every notary public shall provide an engraved official seal which makes a distinct and legible impression or official rubber stamp which makes a distinct and legible imprint on paper. The impression of the seal or the imprint of the rubber stamp shall state only the following: “Notary Public," “State of Wisconsin" and the name of the notary. But any notarial seal in use on August 1, 1959, shall be considered in compliance.

SB317,7 Section 7. 137.01 (3) (c) of the statutes is created to read:

SB317,7,19 137.01 (3) (c) For electronic notarizations and online notarial acts, the notary public and online notary public shall use an electronic notarial seal that clearly and legibly states the following: “Notary Public," “State of Wisconsin," and the name of the notary. The electronic notarial seal shall afford the notary public or online notary public the opportunity to indicate the day, month, and year when his or her commission will expire or that the commission is permanent.