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SB317-SSA1,33 18Section 33 . 140.02 (5m) (a) of the statutes is created to read:
SB317-SSA1,14,2019 140.02 (5m) (a) In this subsection, “communication technology” has the
20meaning given in s. 140.145 (1) (a).
SB317-SSA1,34 21Section 34 . 140.04 of the statutes is created to read:
SB317-SSA1,14,24 22140.04 Authority to perform notarial act. (1) A notarial officer may
23perform a notarial act authorized by this chapter or by law of this state other than
24this chapter.
SB317-SSA1,15,4
1(2) A notarial officer may not perform a notarial act with respect to a record to
2which the officer or the officer's spouse or domestic partner is a party or in which
3either of them has a direct beneficial interest. A notarial act performed in violation
4of this subsection is voidable.
SB317-SSA1,15,6 5(3) A notarial officer may certify that a tangible copy of an electronic record is
6an accurate copy of the electronic record.
SB317-SSA1,35 7Section 35 . 140.05 of the statutes is created to read:
SB317-SSA1,15,12 8140.05 Requirements for certain notarial acts. (1) A notarial officer who
9takes an acknowledgment of a record shall determine, from personal knowledge or
10satisfactory evidence of the identity of the individual, that the individual appearing
11before the officer and making the acknowledgment has the identity claimed and that
12the signature on the record is the signature of the individual.
SB317-SSA1,15,17 13(2) A notarial officer who takes a verification of a statement on oath or
14affirmation shall determine, from personal knowledge or satisfactory evidence of the
15identity of the individual, that the individual appearing before the officer and
16making the verification has the identity claimed and that the signature on the
17statement verified is the signature of the individual.
SB317-SSA1,15,21 18(3) A notarial officer who witnesses or attests to a signature shall determine,
19from personal knowledge or satisfactory evidence of the identity of the individual,
20that the individual appearing before the officer and signing the record has the
21identity claimed.
SB317-SSA1,15,24 22(4) A notarial officer who certifies or attests a copy of a record or an item that
23was copied shall determine that the copy is a full, true, and accurate transcription
24or reproduction of the record or item.
SB317-SSA1,16,2
1(5) A notarial officer who makes or notes a protest of a negotiable instrument
2shall determine the matters set forth in s. 403.505 (2).
SB317-SSA1,36 3Section 36 . 140.06 of the statutes is created to read:
SB317-SSA1,16,7 4140.06 Personal appearance required. If a notarial act relates to a
5statement made in or a signature executed on a record, the individual making the
6statement or executing the signature shall appear personally before the notarial
7officer.
SB317-SSA1,37 8Section 37 . 140.07 of the statutes is created to read:
SB317-SSA1,16,12 9140.07 Identification of individual. (1) A notarial officer has personal
10knowledge of the identity of an individual appearing before the officer if the
11individual is personally known to the officer through dealings sufficient to provide
12reasonable certainty that the individual has the identity claimed.
SB317-SSA1,16,15 13(2) A notarial officer has satisfactory evidence of the identity of an individual
14appearing before the officer if the officer can identify the individual in any of the
15following ways:
SB317-SSA1,16,1616 (a) By means of any of the following:
SB317-SSA1,16,1917 1. A passport, vehicle operator's license, or government-issued identification
18card, which is current or expired not more than 3 years before performance of the
19notarial act.
SB317-SSA1,16,2320 2. Another form of government identification issued to an individual, which is
21current or expired not more than 3 years before performance of the notarial act,
22contains the signature or a photograph of the individual, and is satisfactory to the
23officer.
SB317-SSA1,17,324 (b) By a verification on oath or affirmation of a credible witness personally
25appearing before the officer and known to the officer or whom the officer can identify

1on the basis of a passport, vehicle operator's license, or government-issued
2identification card, which is current or expired not more than 3 years before
3performance of the notarial act.
SB317-SSA1,17,6 4(3) A notarial officer may require an individual to provide additional
5information or identification credentials necessary to assure the officer of the
6identity of the individual.
SB317-SSA1,38 7Section 38 . 140.08 of the statutes is created to read:
SB317-SSA1,17,10 8140.08 Authority to refuse to perform notarial act. (1) A notarial officer
9may refuse to perform a notarial act if the officer is not satisfied with respect to any
10of the following:
SB317-SSA1,17,1211 (a) That the individual executing the record is competent or has the capacity
12to execute the record.
SB317-SSA1,17,1313 (b) That the individual's signature is knowingly and voluntarily made.
SB317-SSA1,17,15 14(2) A notarial officer may refuse to perform a notarial act unless refusal is
15prohibited by law other than this chapter.
SB317-SSA1,39 16Section 39 . 140.09 of the statutes is created to read:
SB317-SSA1,17,21 17140.09 Signature if individual unable to sign. If an individual is physically
18unable to sign a record, the individual may direct an individual other than the
19notarial officer to sign the individual's name on the record. The notarial officer shall
20insert “Signature affixed by (name of other individual) at the direction of (name of
21individual)” or words of similar import.
SB317-SSA1,40 22Section 40 . 140.10 of the statutes is created to read:
SB317-SSA1,17,24 23140.10 Notarial act in this state. (1) A notarial act may be performed within
24this state by any of the following persons of this state:
SB317-SSA1,17,2525 (a) A notary public of this state.
SB317-SSA1,18,1
1(b) A judge, clerk, or deputy clerk of a court of record.
SB317-SSA1,18,22 (c) A court commissioner.
SB317-SSA1,18,33 (d) A register of deeds or deputy register of deeds.
SB317-SSA1,18,44 (e) A municipal judge.
SB317-SSA1,18,55 (f) A county clerk or deputy county clerk.
SB317-SSA1,18,8 6(2) The signature and title of an individual performing a notarial act in this
7state are prima facie evidence that the signature is genuine and that the individual
8holds the designated title.
SB317-SSA1,18,10 9(3) The signature and title of a notarial officer described in sub. (1) conclusively
10establish the authority of the officer to perform the notarial act.
SB317-SSA1,41 11Section 41 . 140.11 of the statutes is created to read:
SB317-SSA1,18,15 12140.11 Notarial act in another state. (1) A notarial act performed in
13another state has the same effect under the law of this state as if performed by a
14notarial officer of this state, if the act performed in that state is performed by any of
15the following:
SB317-SSA1,18,1616 (a) A notary public of that state.
SB317-SSA1,18,1717 (b) A judge, clerk, or deputy clerk of a court of that state.
SB317-SSA1,18,1918 (c) Any other individual authorized by the law of that state to perform the
19notarial act.
SB317-SSA1,18,22 20(2) The signature and title of an individual performing a notarial act in another
21state are prima facie evidence that the signature is genuine and that the individual
22holds the designated title.
SB317-SSA1,18,24 23(3) The signature and title of a notarial officer described in sub. (1) (a) or (b)
24conclusively establish the authority of the officer to perform the notarial act.
SB317-SSA1,42 25Section 42 . 140.12 of the statutes is created to read:
SB317-SSA1,19,5
1140.12 Notarial act under authority of federally recognized Indian
2tribe. (1)
A notarial act performed under the authority and in the jurisdiction of
3a federally recognized Indian tribe has the same effect as if performed by a notarial
4officer of this state, if the act performed in the jurisdiction of the tribe is performed
5by any of the following:
SB317-SSA1,19,66 (a) A notary public of the tribe.
SB317-SSA1,19,77 (b) A judge, clerk, or deputy clerk of a court of the tribe.
SB317-SSA1,19,98 (c) Any other individual authorized by the law of the tribe to perform the
9notarial act.
SB317-SSA1,19,13 10(2) The signature and title of an individual performing a notarial act under the
11authority of and in the jurisdiction of a federally recognized Indian tribe are prima
12facie evidence that the signature is genuine and that the individual holds the
13designated title.
SB317-SSA1,19,15 14(3) The signature and title of a notarial officer described in sub. (1) (a) or (b)
15conclusively establish the authority of the officer to perform the notarial act.
SB317-SSA1,43 16Section 43 . 140.13 of the statutes is created to read:
SB317-SSA1,19,20 17140.13 Notarial act under federal authority. (1) A notarial act performed
18under federal law has the same effect under the law of this state as if performed by
19a notarial officer of this state, if the act performed under federal law is performed by
20any of the following:
SB317-SSA1,19,2121 (a) A judge, clerk, or deputy clerk of a court.
SB317-SSA1,19,2322 (b) An individual in military service or performing duties under the authority
23of military service who is authorized to perform notarial acts under federal law.
SB317-SSA1,19,2524 (c) An individual designated a notarizing officer by the federal department of
25state for performing notarial acts overseas.
SB317-SSA1,20,1
1(d) Any other individual authorized by federal law to perform the notarial act.
SB317-SSA1,20,4 2(2) The signature and title of an individual acting under federal authority and
3performing a notarial act are prima facie evidence that the signature is genuine and
4that the individual holds the designated title.
SB317-SSA1,20,6 5(3) The signature and title of an officer described in sub. (1) (a), (b), or (c)
6conclusively establish the authority of the officer to perform the notarial act.
SB317-SSA1,44 7Section 44 . 140.14 of the statutes is created to read:
SB317-SSA1,20,10 8140.14 Foreign notarial act. (1) In this section, “foreign state” means a
9government other than the United States, a state, or a federally recognized Indian
10tribe.
SB317-SSA1,20,15 11(2) If a notarial act is performed under authority and in the jurisdiction of a
12foreign state or constituent unit of the foreign state or is performed under the
13authority of a multinational or international governmental organization, the act has
14the same effect under the law of this state as if performed by a notarial officer of this
15state.
SB317-SSA1,20,19 16(3) If the title of office and indication of authority to perform notarial acts in
17a foreign state appear in a digest of foreign law or in a list customarily used as a
18source for that information, the authority of an officer with that title to perform
19notarial acts is conclusively established.
SB317-SSA1,20,22 20(4) The signature and official stamp of an individual holding an office described
21in sub. (3) are prima facie evidence that the signature is genuine and the individual
22holds the designated title.
SB317-SSA1,21,2 23(5) An apostille in the form prescribed by the Hague Convention of October 5,
241961, and issued by a foreign state party to the convention conclusively establishes

1that the signature of the notarial officer is genuine and that the officer holds the
2indicated office.
SB317-SSA1,21,7 3(6) A consular authentication issued by an individual designated by the federal
4department of state as a notarizing officer for performing notarial acts overseas and
5attached to the record with respect to which the notarial act is performed
6conclusively establishes that the signature of the notarial officer is genuine and that
7the officer holds the indicated office.
SB317-SSA1,45 8Section 45 . 140.145 of the statutes is created to read:
SB317-SSA1,21,10 9140.145 Notarial act performed for remotely located individual. (1) In
10this section:
SB317-SSA1,21,1211 (a) “Communication technology” means an electronic device or process that
12satisfies all of the following:
SB317-SSA1,21,1413 1. The device or process allows a notary public and a remotely located
14individual to communicate with each other simultaneously by sight and sound.
SB317-SSA1,21,1715 2. When necessary and consistent with other applicable law, the device or
16process facilitates communication with a remotely located individual who has a
17vision, hearing, or speech impairment.
SB317-SSA1,21,1918 (b) “Foreign state” means a jurisdiction other than the United States, a state,
19or a federally recognized Indian tribe.
SB317-SSA1,21,2220 (c) “Identity proofing” means a process or service by which a 3rd person
21provides a notary public with a means to verify the identity of a remotely located
22individual by a review of personal information from public or private data sources.
SB317-SSA1,22,223 (d) “Outside the United States” means a location outside the geographic
24boundaries of the United States, Puerto Rico, the U.S. Virgin Islands, and any

1territory, insular possession, or other location subject to the jurisdiction of the United
2States.
SB317-SSA1,22,43 (e) “Remotely located individual” means an individual who is not in the
4physical presence of the notary public who performs a notarial act under sub. (3).
SB317-SSA1,22,7 5(1m) For purposes of determining the jurisdiction in which a notarial act is
6performed for a remotely located individual, the location of the notary public shall
7be determinative.
SB317-SSA1,22,9 8(2) A remotely located individual may comply with s. 140.06 by using
9communication technology to appear before a notary public.
SB317-SSA1,22,12 10(3) Except for the administration of an oath before a witness at a deposition,
11a notary public located in this state may perform a notarial act using communication
12technology for a remotely located individual if all of the following apply:
SB317-SSA1,22,1313 (a) The notary public has any of the following:
SB317-SSA1,22,1414 1. Personal knowledge under s. 140.07 (1) of the identity of the individual.
SB317-SSA1,22,1715 2. Satisfactory evidence of the identity of the remotely located individual by
16oath or affirmation from a credible witness appearing before the notary public under
17s. 140.07 (2) or this section.
SB317-SSA1,22,1918 3. Obtained satisfactory evidence of the identity of the remotely located
19individual by using at least 2 different types of identity proofing.
SB317-SSA1,22,2220 (b) The notary public is able reasonably to confirm that a record before the
21notary public is the same record in which the remotely located individual made a
22statement or on which the individual executed a signature.
SB317-SSA1,22,2423 (c) The notary public, or a person acting on behalf of the notary public, creates
24an audio-visual recording of the performance of the notarial act.
SB317-SSA1,23,2
1(d) For a remotely located individual located outside the United States, all of
2the following are satisfied:
SB317-SSA1,23,33 1. The record satisfies any of the following requirements:
SB317-SSA1,23,64 a. The record is to be filed with or relates to a matter before a public official or
5court, governmental entity, or other entity subject to the jurisdiction of the United
6States.
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