Amendment SSA1-SB317

SB317-SSA1,23,17 (a) The certificate complies with rules promulgated under sub. (8) (a).

SB317-SSA1,23,20 (b) The certificate is in the form provided in s. 140.16 and contains a statement substantially as follows: “This notarial act involved the use of communication technology.”

SB317-SSA1,24,2 (6) A notary public, a guardian, conservator, or agent of a notary public, or a personal representative of a deceased notary public shall retain the audio-visual recording created under sub. (3) (c) or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by rule promulgated under sub. (8) (d), the recording must be retained for a period of at least 7 years after the recording is made.

SB317-SSA1,24,9 (7) Before a notary public performs the notary public's initial notarial act under this section, the notary public must notify the department that the notary public will be performing notarial acts with respect to remotely located individuals and identify the technologies the notary public intends to use. If the department has established standards under sub. (8) and s. 140.27 for approval of communication technology or identity proofing, the communication technology and identity proofing must conform to the standards.

SB317-SSA1,24,12 (8) In addition to promulgating rules under s. 140.27, the department shall promulgate rules under this section regarding performance of a notarial act. The rules may do any of the following:

SB317-SSA1,24,14 (a) Prescribe the means of performing a notarial act involving a remotely located individual using communication technology.

SB317-SSA1,24,15 (b) Establish standards for communication technology and identity proofing.

SB317-SSA1,24,17 (c) Establish requirements, including registration, or procedures to approve providers of communication technology and the process of identity proofing.

SB317-SSA1,24,19 (d) Establish standards and a period for the retention of an audio-visual recording created under sub. (3) (c).

SB317-SSA1,24,21 (e) Establish any other requirement, not inconsistent with this chapter, relating to the performance of a notarial act for a remotely located individual.

SB317-SSA1,24,24 (9) Before promulgating, amending, or repealing a rule governing performance of a notarial act with respect to a remotely located individual, the department must consider all of the following:

SB317-SSA1,25,4 (a) The most recent standards regarding the performance of a notarial act with respect to a remotely located individual promulgated by national standard-setting organizations and the recommendations of the National Association of Secretaries of State or any successor organization.

SB317-SSA1,25,6 (b) Standards, practices, and customs of other jurisdictions that have laws substantially similar to this section.

SB317-SSA1,25,8 (c) The views of governmental officials and entities and other interested persons.

SB317-SSA1,25,10 (10) This section does not apply to a transaction to the extent it is governed by any of the following:

SB317-SSA1,25,12 (a) Any law governing the creation and execution of wills, codicils, or testamentary trusts.

SB317-SSA1,25,15 (b) Any law governing the creation and execution of living trusts or trust amendments for personal use, not including a transaction, as defined in s. 137.11 (15).

SB317-SSA1,25,17 (c) Any law governing the creation and execution of powers of attorney, not including a transaction, as defined in s. 137.11 (15).

SB317-SSA1,25,19 (d) Any law governing the creation and execution of marital property agreements.

SB317-SSA1,25,22 (e) Any law governing the creation and execution of powers of attorney for health care, declarations to physicians (living wills), and authorizations for use and disclosure of protected health care information.

SB317-SSA1,25,25 (11) (a) The remote notary council shall adopt standards to implement this section. The department shall promulgate by rule the standards adopted, amended, or repealed by the council under this paragraph.

SB317-SSA1,26,7 (b) To keep the standards and practices of notaries public in this state in harmony with the standards and practices of notaries public in other jurisdictions that enact substantially this section and to keep the technology used by notaries public in this state compatible with technology used by notaries public in other jurisdictions that enact substantially this section, the remote notary council, so far as is consistent with the purposes, policies, and provisions of this section, in adopting, amending, and repealing standards shall consider all of the following:

SB317-SSA1,26,8 1. Standards and practices of other jurisdictions.

SB317-SSA1,26,10 2. The most recent standards promulgated by national standard-setting bodies.

SB317-SSA1,26,11 3. The views of interested persons and governmental officials and entities.

SB317-SSA1,26,14 4. The need for security protection to ensure that notarial acts for remotely located individuals are accurate, authentic, adequately preserved, and resistant to tampering.

SB317-SSA1,26,17 (c) The remote notary council shall review the statutes related to notarial acts for remotely located individuals and shall recommend to the legislature any changes in the statutes that the council finds necessary or advisable.

SB317-SSA1,46 Section 46 . 140.15 of the statutes is created to read:

SB317-SSA1,26,20 140.15 Certificate of notarial act. (1) A notarial act must be evidenced by a certificate. The certificate must satisfy all of the following:

SB317-SSA1,26,21 (a) Be executed contemporaneously with the performance of the notarial act.

SB317-SSA1,26,23 (b) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the department.

SB317-SSA1,26,24 (c) Identify the jurisdiction in which the notarial act is performed.

SB317-SSA1,26,25 (d) Contain the title of office of the notarial officer.

SB317-SSA1,27,2 (e) If the notarial officer is a notary public, indicate the date of expiration, if any, of the officer's commission.

SB317-SSA1,27,10 (2) If a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to or embossed on the certificate. If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in sub. (1) (b), (c), and (d), an official stamp may be affixed to or embossed on the certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in sub. (1) (b), (c), and (d), an official stamp may be attached to or logically associated with the certificate.

SB317-SSA1,27,12 (3) A certificate of a notarial act is sufficient if it meets the requirements of subs. (1) and (2) and satisfies any of the following:

SB317-SSA1,27,13 (a) Is in a short form set forth in s. 140.16.

SB317-SSA1,27,14 (b) Is in a form otherwise permitted by the law of this state.

SB317-SSA1,27,16 (c) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed.

SB317-SSA1,27,19 (d) Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in ss. 140.05, 140.06, and 140.07 or law of this state other than this chapter.

SB317-SSA1,27,22 (4) By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in ss. 140.04, 140.05, and 140.06.

SB317-SSA1,27,24 (5) A notarial officer may not affix the officer's signature to, or logically associate it with, a certificate until the notarial act has been performed.

SB317-SSA1,28,6 (6) If a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record. If a notarial act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record. If the department has established standards pursuant to s. 140.27 for attaching, affixing, or logically associating the certificate, the process must conform to the standards.

SB317-SSA1,47 Section 47 . 140.16 of the statutes is created to read:

SB317-SSA1,28,10 140.16 Short form certificates. The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by s. 140.15 (1) and (2):

SB317-SSA1,28,11 (1) For an acknowledgment in an individual capacity:

SB317-SSA1,28,12 State of ....

SB317-SSA1,28,13 County of ....

SB317-SSA1,28,15 This record was acknowledged before me on ... (date) by .... (name(s) of individual(s)).

SB317-SSA1,28,16 .... (Signature of notarial officer)

SB317-SSA1,28,17 Stamp

SB317-SSA1,28,18 .... (Title of office)

SB317-SSA1,28,19 [My commission expires: ....]

SB317-SSA1,28,20 (2) For an acknowledgment in a representative capacity:

SB317-SSA1,28,21 State of ....

SB317-SSA1,28,22 County of ....

SB317-SSA1,28,25 This record was acknowledged before me on .... (date) by .... (name(s) of individual(s)) as .... (type of authority, such as officer or trustee) of .... (name of party on behalf of whom record was executed).

SB317-SSA1,29,1 .... (Signature of notarial officer)

SB317-SSA1,29,2 Stamp

SB317-SSA1,29,3 .... (Title of office)

SB317-SSA1,29,4 [My commission expires: ....]

SB317-SSA1,29,5 (3) For a verification on oath or affirmation:

SB317-SSA1,29,6 State of ....

SB317-SSA1,29,7 County of ....

SB317-SSA1,29,9 Signed and sworn to (or affirmed) before me on .... (date) by .... (name(s) of individual(s) making statement).

SB317-SSA1,29,10 .... (Signature of notarial officer)

SB317-SSA1,29,11 Stamp

SB317-SSA1,29,12 .... (Title of office)

SB317-SSA1,29,13 [My commission expires: ....]

SB317-SSA1,29,14 (4) For witnessing or attesting a signature:

SB317-SSA1,29,15 State of ....

SB317-SSA1,29,16 County of ....

SB317-SSA1,29,17 Signed [or attested] before me on .... (date) by .... (name(s) of individual(s)).

SB317-SSA1,29,18 .... (Signature of notarial officer)

SB317-SSA1,29,19 Stamp

SB317-SSA1,29,20 .... (Title of office)

SB317-SSA1,29,21 [My commission expires: ....]

SB317-SSA1,29,22 (5) For certifying or attesting a copy of a record:

SB317-SSA1,29,23 State of ...

SB317-SSA1,29,24 County of ....

SB317-SSA1,30,2 I certify or attest that this is a true and correct copy of a record in the possession of ....

SB317-SSA1,30,3 Dated: ....

SB317-SSA1,30,4 ....(Signature of notarial officer)

SB317-SSA1,30,5 Stamp

SB317-SSA1,30,6 ..... (Title of office)

SB317-SSA1,30,7 [My commission expires: ....]

SB317-SSA1,48 Section 48 . 140.17 of the statutes is created to read:

SB317-SSA1,30,10 140.17 Official stamp. The official stamp of a notary public must satisfy all of the following criteria:

SB317-SSA1,30,12 (1) Include the notary public's name, jurisdiction, commission expiration date if applicable, and other information required by the department.