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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.
SB317-SSA1,23,97 b. The record involves property located in the territorial jurisdiction of the
8United States or involves a transaction substantially connected with the United
9States.
SB317-SSA1,23,1110 2. The act of making the statement or signing the record is not prohibited by
11the foreign state in which the remotely located individual is located.
SB317-SSA1,23,14 12(4) If a notarial act is performed under this section, the certificate of notarial
13act required by s. 140.15 and the short form certificate provided in s. 140.16 must
14indicate that the notarial act was performed using communication technology.
SB317-SSA1,23,16 15(5) A short form certificate provided in s. 140.16 for a notarial act subject to this
16section is sufficient if any of the following applies:
SB317-SSA1,23,1717 (a) The certificate complies with rules promulgated under sub. (8) (a).
SB317-SSA1,23,2018 (b) The certificate is in the form provided in s. 140.16 and contains a statement
19substantially as follows: “This notarial act involved the use of communication
20technology.”
SB317-SSA1,24,2 21(6) A notary public, a guardian, conservator, or agent of a notary public, or a
22personal representative of a deceased notary public shall retain the audio-visual
23recording created under sub. (3) (c) or cause the recording to be retained by a
24repository designated by or on behalf of the person required to retain the recording.

1Unless a different period is required by rule promulgated under sub. (8) (d), the
2recording must be retained for a period of at least 7 years after the recording is made.
SB317-SSA1,24,9 3(7) Before a notary public performs the notary public's initial notarial act under
4this section, the notary public must notify the department that the notary public will
5be performing notarial acts with respect to remotely located individuals and identify
6the technologies the notary public intends to use. If the department has established
7standards under sub. (8) and s. 140.27 for approval of communication technology or
8identity proofing, the communication technology and identity proofing must conform
9to the standards.
SB317-SSA1,24,12 10(8) In addition to promulgating rules under s. 140.27, the department shall
11promulgate rules under this section regarding performance of a notarial act. The
12rules may do any of the following:
SB317-SSA1,24,1413 (a) Prescribe the means of performing a notarial act involving a remotely
14located individual using communication technology.
SB317-SSA1,24,1515 (b) Establish standards for communication technology and identity proofing.
SB317-SSA1,24,1716 (c) Establish requirements, including registration, or procedures to approve
17providers of communication technology and the process of identity proofing.
SB317-SSA1,24,1918 (d) Establish standards and a period for the retention of an audio-visual
19recording created under sub. (3) (c).
SB317-SSA1,24,2120 (e) Establish any other requirement, not inconsistent with this chapter,
21relating to the performance of a notarial act for a remotely located individual.
SB317-SSA1,24,24 22(9) Before promulgating, amending, or repealing a rule governing performance
23of a notarial act with respect to a remotely located individual, the department must
24consider all of the following:
SB317-SSA1,25,4
1(a) The most recent standards regarding the performance of a notarial act with
2respect to a remotely located individual promulgated by national standard-setting
3organizations and the recommendations of the National Association of Secretaries
4of State or any successor organization.
SB317-SSA1,25,65 (b) Standards, practices, and customs of other jurisdictions that have laws
6substantially similar to this section.
SB317-SSA1,25,87 (c) The views of governmental officials and entities and other interested
8persons.
SB317-SSA1,25,10 9(10) This section does not apply to a transaction to the extent it is governed by
10any of the following:
SB317-SSA1,25,1211 (a) Any law governing the creation and execution of wills, codicils, or
12testamentary trusts.
SB317-SSA1,25,1513 (b) Any law governing the creation and execution of living trusts or trust
14amendments for personal use, not including a transaction, as defined in s. 137.11
15(15).
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