AB293,8,6 137.01 (4) (b) Except as authorized in s. 137.19, and except when a notary public properly uses an electronic notarial seal under sub. (3) (c), all certificates of acknowledgments of deeds and other conveyances, or any written instrument required or authorized by law to be acknowledged or sworn to before any notary public, within this state, shall be attested by a clear impression of the official seal or imprint of the rubber stamp of said officer, and in addition thereto shall be written or stamped either the day, month and year when the commission of said notary public will expire, or that such commission is permanent.

AB293,10 Section 10. 137.01 (6) (a) of the statutes is amended to read:

AB293,8,10 137.01 (6) (a) The secretary of financial institutions department may certify to the official qualifications of any notary public and to the genuineness of the notary public's signature and seal or rubber stamp.

AB293,11 Section 11. 137.01 (6m) of the statutes is amended to read:

AB293,8,15 137.01 (6m) Change of residence. A notary public does not vacate his or her office by reason of his or her change of residence within the United States. Written notice of any change of address shall be given to the department of financial institutions within 10 days of the change.

AB293,12 Section 12. 137.01 (7) of the statutes is amended to read:

AB293,9,2 137.01 (7) Official records to be filed. When any notary public ceases to hold office, the notary public, or in case of the notary public's death the notary public's personal representative, shall deposit the notary public's official records and papers with the department of financial institutions. If the notary or personal representative, after the records and papers come to his or her hands, neglects for 3 months to deposit them, he or she shall forfeit not less than $50 nor more than $500. If any person knowingly destroys, defaces, or conceals any records or papers of any notary public, the person shall forfeit not less than $50 nor more than $500, and shall be liable for all damages resulting to the party injured. The department of financial institutions shall receive and safely keep all such papers and records.

AB293,13 Section 13. 137.01 (9) of the statutes is renumbered 137.01 (9) (am), and 137.01 (9) (am) (intro.), as renumbered, is amended to read:

AB293,9,6 137.01 (9) (am) (intro.) A Except as provided in par. (bm), a notary public shall be allowed the following fees:

AB293,14 Section 14. 137.01 (9) (bm) of the statutes is created to read:

AB293,9,9 137.01 (9) (bm) Subject to any rule promulgated under sub. (13) (b) 1., an online notary public may charge any fee for the performance of an online notarization.

AB293,15 Section 15. 137.01 (10) of the statutes is created to read:

AB293,9,11 137.01 (10) Online notarization system providers. (a) In this subsection:

AB293,9,13 1. “Electronic notarial act” or “electronic notarization” means an act that an online notary public is authorized to perform. The term includes all of the following:

AB293,9,14 a. Taking an acknowledgment.

AB293,9,15 b. Administering an oath or affirmation.

AB293,9,16 c. Taking a verification upon oath or affirmation.

AB293,9,17 d. Witnessing or attesting a signature.

AB293,9,18 e. Certifying or attesting a copy.

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: