AB 293 — Relating to: online notaries public and electronic notarizations, granting rule-making authority, and providing a penalty. (FE)

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1.

Subchapter I (title) of chapter 137 [precedes 137.01] of the statutes is amended to read:

CHAPTER 137 SUBCHAPTER I NOTARIES AND COMMISSIONERS OF DEEDS;

NONELECTRONIC - 2020 Legislature - 4 - LRB-3109/1 ARG:cjs&kjf ASSEMBLY BILL 293 SECTION 1 NOTARIZATION AND ACKNOWLEDGEMENT SECTION 2.

137.01 (1) of the statutes is renumbered 137.01 (1g), and 137.01 (1g) (a), (b), (d), (e) and (g), as renumbered, are amended to read:

137.01(1g) (a) The secretary of financial institutionsent 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.

(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.

(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.

(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.

(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.

SECTION 3.

137.01 (1c) of the statutes is created to read:

137.01 (1c) DEFINITION.

In this section:

(a) “Department” means the department of financial institutions.

LRB-3109/1 - 2020 Legislature - 5 - ARG:cjs&kjf SECTION 3 ASSEMBLY BILL 293 (b) “Electronic signature” has the meaning given in s.

137.11 (8).

(c) “Online notarial act” or “online notarization” has the meaning given in s.

137.195 (1) (f).

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

SECTION 4.

137.01 (2) of the statutes is amended to read:

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 institutionand 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.

(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.

(b) The secretary of financial institutionsartment 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.

- 2020 Legislature - 6 - LRB-3109/1 ARG:cjs&kjf ASSEMBLY BILL 293 S ECTION 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.

S ECTION 5.

137.01 (2m) of the statutes is created to read:

137.01(2m) O NLINE NOTARIES PUBLIC;

APPLICATION AND COMMIS.

(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:

PageThe 6,applicant's linename 24:to be used in acting as an online notary public.

before “written" insert “".parate 2.

PageA 6,certification linethat 24:the applicant will comply with standards established by the department under sub.

after(13) “consent"(a) insert1. “, independent from any other consent, permission, disclosure, or acknowledgement, in a manner consistent with applicable law,".

PageA 22,certification linethat 10: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.

delete(13) “A(a) notary"2. and substitute “Except for the administration of an oath before a witness at a deposition, a notary".

4.

Proof that the applicant has completed a course of instruction approved by the department as provided in sub.

(13) (a) 3.

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.

(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).

LRB-3109/1 - 2020 Legislature - 7 - ARG:cjs&kjf SECTION 5 ASSEMBLY BILL 293 (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.

SECTION 6.

137.01 (3) (a) of the statutes is amended to read:

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.

SECTION 7.

137.01 (3) (c) of the statutes is created to read:

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.

SECTION 8.

137.01 (4) (a) of the statutes is amended to read:

137.01(4) (a) Every official act of a notary public shall be attested by the notary public's written signature or electronic signature, as defined in s.

137.11 (8) SECTION 9.

137.01 (4) (b) of the statutes is amended to read:

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 - 2020 Legislature - 8 - LRB-3109/1 ARG:cjs&kjf ASSEMBLY BILL 293 S ECTION 9 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.

S ECTION 10.

137.01 (6) (a) of the statutes is amended to read:

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.

S ECTION 11.

137.01 (6m) of the statutes is amended to read:

137.01 (6m) C HANGE 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.

S ECTION 12.

137.01 (7) of the statutes is amended to read:

137.01(7) O FFICIAL RECORDS TO BE FILWhen 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 LRB-3109/1 - 2020 Legislature - 9 - ARG:cjs&kjf S ECTION 12 ASSEMBLY BILL 293 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.

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:

137.01(9) (am) (intro.) Except as provided in par.

(bm), a notary public shall be allowed the following fees:

SECTION 14.

137.01 (9) (bm) of the statutes is created to read:

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.

SECTION 15.

137.01 (10) of the statutes is created to read:

137.01 (10) ONLINE NOTARIZATION SYSTEM PROVIDE.

(a) In this subsection:

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:

a.

Taking an acknowledgment.

b.

Administering an oath or affirmation.

c.

Taking a verification upon oath or affirmation.

d.

Witnessing or attesting a signature.

e.

Certifying or attesting a copy.

f.

Noting a protest of a negotiable instrument.

g.

Performing any other duty prescribed by a specific statute for an online notary public.

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.

- 2020 Legislature - 10 - LRB-3109/1 ARG:cjs&kjf ASSEMBLY BILL 293 S ECTION 15 3.

“Online notarization system provider” means any person that offers the services of an electronic notarization system.

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

(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.

(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.

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.

(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.

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

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.

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 LRB-3109/1 - 2020 Legislature - 11 - ARG:cjs&kjf S ECTION 15 ASSEMBLY BILL 293 that attributes the electronic notarial act to the online notary public and renders the electronic notarial act tamper-evident.

SECTION 16.

137.01 (11) of the statutes is created to read:

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.

(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.

SECTION 17.

137.01 (12) of the statutes is created to read:

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.

SECTION 18.

137.01 (13) of the statutes is created to read:

137.01 (13) RULE MAKING.(a) The department shall promulgate rules that do all of the following:

1.

Establish standards for online notaries public holding a commission under sub.

(2m).

- 2020 Legislature - 12 - LRB-3109/1 ARG:cjs&kjf ASSEMBLY BILL 293 SECTION 18 2.

Establish a minimum period during which online notaries public shall retain evidence of online notarizations.

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.

4.

Specify the electronic notarial seals described in sub.

(3) (c).

5.

Establish security standards for accessing electronic notarization systems maintained by online notarization system providers under sub.

(10).

(b) The department may promulgate rules that do any of the following:

1.

Establish maximum fees that may be charged by an online notary public for performing an online notarization.

2.

Establish any other standard or requirement, not inconsistent with this section and s.

137.195, relating to online notaries public and online notarizations.

SECTION 19.

Subchapter II (title) of chapter 137 [precedes 137.11] of the statutes is amended to read:

CHAPTER 137 SUBCHAPTER II ELECTRONIC TRANSACTIONS AND RECORDS;

ELECTRONIC NOTARIZATION AND ACKNOWLEDGEMENT SECTION 20.

137.11 (8) of the statutes is amended to read:

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.

SECTION 21.

137.19 of the statutes is amended to read:

LRB-3109/1 - 2020 Legislature - 13 - ARG:cjs&kjf SECTION 21 ASSEMBLY BILL 293 137.19 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.

S ECTION 22.

137.195 of the statutes is created to read:

137.195 Online notarization.

(1) D EFINITION.

In this section:

(a) “Credential” means a tangible record evidencing the identity of a person.

(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.

(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.

(d) “Department” means the department of financial institutions.

(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.

(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.

- 2020 Legislature - 14 - LRB-3109/1 ARG:cjs&kjf ASSEMBLY BILL 293 SECTION 22 (g) “Online notary public” means a person appointed and holding a commission under s.

137.01 (2m).

(h) “Principal" means any of the following:

1.

An individual whose electronic signature is notarized in an online notarization.

2.

An individual taking an oath or affirmation from an online notary public but not in the capacity of a witness for the online notarial act.

(i) “Real time” means the actual span of uninterrupted time during which all parts of an online notarial act occur.

(j) “Remote presentation" means the transmission to an online notary public through communication technology of an image of a government-issued credential that is of sufficient quality to enable the online notary public to do all of the following:

1.

Identify the individual appearing before the online notary public.

2.

Perform a credential analysis.

(k) “United States” has the meaning given in s.

990.01 (44) but also includes a tribe, as defined in s.

822.02 (16).

(2) AUTHORITY TO PERFORM ONLINE NOTARIZATIONS .

(a) An online notary public may perform online notarial acts for a person who is physically located in the United States.

(am) An online notary public may perform online notarial acts for a person who is physically located outside the United States if all of the following apply:

1.

The online notarial act is not, to the notary's actual knowledge, prohibited in the jurisdiction where the person is physically located at the time of the online notarial act.

2.

The online notarial act relates to any of the following:

LRB-3109/1 - 2020 Legislature - 15 - ARG:cjs&kjf SECTION 22 ASSEMBLY BILL 293 a.

A matter that is before a court, a governmental entity, or another entity in the United States.

b.

Property located in the United States.

c.

A transaction substantially connected to the United States.

(b) An online notary public must be physically located in this state in order to perform the online notarial act.

(3) O NLINE NOTARIZATION PROCEDURE.

(a) An online notary public shall verify the identity of the person creating the electronic signature at the time the signature is taken by using communication technology that meets the requirements of this section and rules promulgated by the department.

The identity may be verified by any of the following:

1.

The online notary public's personal knowledge of the person creating the electronic signature.

2.

The occurrence of all of the following:

a.

The principal's remote presentation of a government-issued credential, including a passport or operator's license, that contains a signature and photograph of the principal.

b.

The online notary public's application of credential analysis to the credential under subd.

2.

a.

c.

The online notary public's use of identity proofing with respect to the principal making the remote presentation under subd.

2.

a.

(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.

- 2020 Legislature - 16 - LRB-3109/1 ARG:cjs&kjf ASSEMBLY BILL 293 SECTION 22 (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.

(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.

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.

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).

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.

LRB-3109/1 - 2020 Legislature - 17 - ARG:cjs&kjf SECTION 22 ASSEMBLY BILL 293 (e) An online notarial act performed under this section involving the principal's remote presentation shall comply with the following minimum standards:

1.

The online notary public shall use identity proofing that includes knowledge-based authentication with at least the following minimum security characteristics:

a.

The principal shall be presented with 5 or more questions with a minimum of 5 possible answer choices per question.

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.

c.

Responses to all questions under subd.

1.

a.

shall be made within a 2-minute time constraint.

d.

The principal shall answer a minimum of 80 percent of the questions correctly.

e.

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

f.

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

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.

(4) ELECTRONIC RECORD OF ONLINE NOTARIZATIONS .

(a) Subject to par.

(e), an online notary public shall keep electronic records for online notarized documents and - 2020 Legislature - 18 - LRB-3109/1 ARG:cjs&kjf ASSEMBLY BILL 293 SECTION 22 shall maintain the security of these records.

These records shall include all of the following:

1.

The date and time of the online notarial act.

2.

The type of online notarial act.

3.

A description of the online proceeding.

4.

The name and address of each principal involved in the proceeding.

5.

A notation of the type of credential provided by each principal involved in the proceeding to the online notary public.

6.

The fee, if any, charged for the notarization.

(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.

(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.

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

(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.

(5) USE OF ELECTRONIC RECORD, SIGNATURE, AND SE.

(a) An online notary public shall take reasonable steps to ensure registered devices used to create electronic LRB-3109/1 - 2020 Legislature - 19 - ARG:cjs&kjf S ECTION 22 ASSEMBLY BILL 293 signatures are current and have not been revoked or terminated by the devices' issuing authority.

(b) An online notary public may not allow another person to use the online notary public's electronic signature.

(c) An online notary public shall immediately report to the department any loss, theft, or vandalism of the online notary public's electronic signature or electronic seal.

(6) RULE MAKING .

The department shall promulgate rules to implement this section and to facilitate online notarizations.

These rules shall include standards for online notarization, credential analysis, identity proofing, and communication technology.

(7) GOVERNING LAW.

The validity of an online notarial act shall be determined by applying the laws of this state, regardless of the physical location of the principal at time of the online notarial act.

SECTION 23.

179.14 (1g) (b) of the statutes is amended to read:

179.14 (1g) (b) “Electronic signature" means an electronic sound, symbol, or process, attached to, incorporated ior logically associated with a writing and executed or adopted by a person with intent to authenticate the writing.

SECTION 24.

180.0103 (7k) of the statutes is amended to read:

180.0103 (7k) “Electronic signature" means an electronic sound, symbol, or process, attached to, incorporated into,ogically associated with a writing and executed or adopted by a person with intent to authenticate the writing.

SECTION 25.

181.0103 (10p) of the statutes is amended to read:

- 2020 Legislature - 20 - LRB-3109/1 ARG:cjs&kjf ASSEMBLY BILL 293 SECTION 25 181.0103 (10p) “Electronic signature" means an electronic sound, symbol, or process, attached to, incorporated into,ogically associated with a writing and executed or adopted by a person with intent to authenticate the writing.

SECTION 26.

183.0107 (1g) (b) of the statutes is amended to read:

183.0107 (1g) (b) “Electronic signature" means an electronic sound, symbol, or process, attached to, incorporated into, or logically associated with a writing and executed or adopted by a person with intent to authenticate the writing.

SECTION 27.

193.005 (11p) of the statutes is amended to read:

193.005 (11p) “Electronic signature" means an electronic sound, symbol, or process, attached to, incorporated into,ogically associated with a writing and executed or adopted by a person with intent to authenticate the writing.

SECTION 28.

610.60 (4) (e) of the statutes is amended to read:

610.60 (4) (e) If a provision of, or rule promulgated under, chs.

600 to 655 requires a signature or a notice or document to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by the provision, is attached to, incorporated ior logically associated with the signature, notice, or document.

SECTION 29.

706.001 (1) of the statutes is amended to read:

706.001 (1) Subject to the exclusions in sub.

(2) and subject to sub.

(2m) chapter shall govern every transaction by which any interest in land is created, aliened, mortgaged, assigned or may be otherwise affected in law or in equity.

SECTION 30.

706.001 (2m) of the statutes is created to read:

LRB-3109/1 - 2020 Legislature - 21 - ARG:cjs&kjf S ECTION 30 ASSEMBLY BILL 293 706.001 (2m) Section 706.07 is not limited in application to transactions by which an interest in land is created, aliened, mortgaged, assigned, or may be otherwise affected in law or in equity.

SECTION 31.

706.07 (8m) of the statutes is created to read:

706.07 (8m) O NLINE NOTARIAL ACTS.(a) Notwithstanding sub.

(1) (c), in this subsection, “online notarial act” has the meaning given in s.

137.195 (1) (f).

(b) Any online notarial act performed in accordance with s.

137.195 is considered to be performed in accordance with this section, and any online notary public performing such an act is an authorized notarial officer under this section.

SECTION 32.

706.25 (1) (d) of the statutes is amended to read:

706.25 (1) (d) “Electronic signature" means an electronic sound, symbol, or process attached to, incorporated or logically associated with a document and executed or adopted by a person with the intent to sign the document.

SECTION 33.

706.25 (2) (c) of the statutes is amended to read:

706.25 (2) (c) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to, incorporated into, logically associated with the document or signature.

A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature.

SECTION 34.

801.18 (1) (f) of the statutes is amended to read:

801.18 (1) (f) “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 document.

For purposes of the electronic filing system, a document is electronically signed if it is submitted - 2020 Legislature - 22 - LRB-3109/1 ARG:cjs&kjf ASSEMBLY BILL 293 SECTION 34 by or on behalf of a user or court official through the electronic filing system and bears the name of the user in the place where a signature would otherwise appear.

“Electronic signature" includes only those signature technologies specifically approved by the director.

SECTION 35.0Effective date.

(1) This act takes effect on the first day of the 4th month beginning after publication.