Notaries.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0085.E1

HOUSE BILL
NO.
HB0149

Notaries.

Sponsored by:
Representative(s) Gingery, Brown, Buchanan, Lubnau and Petersen and Senator(s) Massie

A BILL

for

AN ACT relating to
notaries,

notarial officers
and notarial acts; amending the Wyoming Uniform Law on Notarial Acts; adopting provisions of the Model Notary Act;
amending notary

related statutes;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 34
‑
26
‑
201 through 34
‑
26
‑
210, 34
‑
26
‑
301 through 34
‑
26
‑
308, 34
‑
26
‑
401 through 34
‑
26
‑
404, 34
‑
26
‑
501 through 34
‑
26
‑
503, 34
‑
26
‑
601 through 34
‑
26
‑
605 and 34
‑
26
‑
701 through 34
‑
26
‑
704 are created to read:

ARTICLE 2
COMMISSIONING OF NOTARIAL OFFICERS

34
‑
26
‑
201
.

Notarial officers affected by this act
; definition.

The existing bond, seal, length of commission term and liability of current
notary publics

commissioned before July 1, 201
1
are
not
i
nvalidated, m
odified or terminated by this a
ct, but
all
notarial officers
shall comply
with this a
ct in performing
notarial acts
and in applying for new commissions after July 1, 20
1
1
.

34
‑
26
‑
202
.

Qualifications
of commissioned notarial officers
.

(a)

Except as provided in s
ubsection (c)
of this section
, the
secretary
of state
shall issue a
notarial officer

commission to any qualified person who submits an application
in accordance with this a
ct
.

(b)

To be
qualified for a
notarial officer

commission
a person
shall:

(i
)

B
e at least
eighteen (
18
)
years of age;

(ii
)

R
eside or have a regular place of work or business in
Wyoming
;
and

(iii
)

P
ass a written examination
promulgated and administered by the secretary of state
.

(c)

The
secretary
of state
may deny an application based on:

(i
)

S
ubmission of an official application containing material misstatement or omission of fact;

(ii
)

T
he applicant
'
s conviction or plea of ad
mission or nolo contendere for any

crime
involving di
shonesty or moral turpitude
;

(iii
)

A
finding or admission of liability against the applicant in a civil lawsuit based on the applicant
'
s deceit;

(iv
)

R
evo
cation, suspension, restriction
or denial of a
notarial officer

commission or professional license by this o
r any other state or nation
or a finding that revocation would have been
appropriate under W.S. 34
‑
26
‑
802
(d)
, and
in no case may a commission be issued to the applicant within
five

(
5
)
years after such action; or

(v
)

A

finding that the applicant has
engaged in official misconduct as defined in
W.S. 34
‑
26
‑
101(b)(xv
i
)
, whether or not

disciplinary action resulted.

(d)

Denial of an application may be appealed by filing in proper form
with the
secretary
of state
within thirty (30) days after denial
the form
adopted
for such purposes by the
secretary
of state
.
The appeal shall be handled pursuant to rules adopted by the
secretary
of state and consistent with the Wyoming
Administrative Procedure A
ct.

34
‑
26
‑
203.

Jurisdiction and t
erm.

A person commissioned as a notarial officer may perform notarial acts in any part of
Wyoming
for a term of four (4) years, unless the commission is earlier revoked or resigned
.

34
‑
26
‑
204.

Bond.

(a)

A
notarial officer
commission shall not be issued until an oath of office and a
five
thousand dollar
(
$
5,000)
bond have been filed with the
secretary
of state
. The bond shall be executed by a licensed surety, for a term of four
(
4
)
years commencing on the commission
'
s effective date and terminating on its expiration date, with payment of bond funds to any pe
rson conditioned upon the
notarial officer
'
s

official
misconduct
, as d
efined by W.S. 34
‑
26
‑
101(b)(xv
i
)
.

(b)

The surety for a
notarial officer
bond shall report all
claims against the bond to the
secretary
of state
.

(c)

If a
notarial officer
bond has been exhausted by claims paid out by the surety, the
secretary
of state
shall suspend the
notarial officer
'
s
commission until:

(i
)

A new bond is obtained by the
notarial officer
; and

(ii
)

The
notarial officer
'
s
fitness to serve the remainder of the commission term is determined by the
secretary
of state
.

34
‑
26
‑
205
.

Commissioning d
ocuments.

Upon issuing a
notarial officer
commission, the
secretary
of state
shall provide to the
notarial officer
a
commission document stating the commission serial number
,
starting and ending dates
and authorization to purchase a commissioned notarial officer seal.

34
‑
26
‑
20
6.

Recommissioning.

A current or former
commissioned
notarial officer applying for a new
not
arial officer
commission shall submit a new completed application and comply an
ew with all of the
provisions of
this

a
ct.

34
‑
26
‑
20
7.

Application for not
arial officer
c
ommission
.

(a)

Every application for a notarial officer
commission shall be made
to the
secretary
of state
and include:

(i
)

A statement of the applicant
'
s personal qualifications, as described in
W.S. 34
‑
26
‑
20
8
;

(ii
)

Evidence of
successful
passage of the written exam;

(iii
)

A
notarized declaration of the a
pplicant, as described in
W.S. 34
‑
26
‑
2
09
;

(
i
v
)

S
u
ch other information as the
secretary
of state

may deem appropriate; and

(v
)

A
n application fee, as specified in
W.S.
9
‑
1
‑
305(a)(iii).

34
‑
26
‑
20
8.

Statement of personal q
ualifications.

(a)

The application for a
notarial officer
commission shall state or include, at least:

(i
)

The applicant
'
s date of birth;

(ii
)

The applicant
'
s residence address and telephone number;

(iii
)

The applicant
'
s business address and telephone number, the business mailing address, if different, and the name of the applicant
'
s employer, if any;

(
i
v
)

All issuances, denials, revocations, suspensions, restrictions and resignations of a
ny

notarial officer
c
ommission, professional license
or public office involving the applicant in this or any other state or nation;

(v
)

All criminal convictions of the applicant
which are not traffic related,
including any pleas of admission or nolo contendere, in this or any other state or nation;

(vi
)

All claims
made,
pending or disposed against
the applicant
or
any
notarial officer

bond
ever
held by the applicant, and all civil findings or admissions of fault or liability regarding the applicant
'
s activities as a
notarial officer
, in this or any other state or natio
n.

34
‑
26
‑
209
.

Notarized d
eclaration.

Every applicant for a
notarial officer
commission shall sign the following declaration in the presence of a notarial officer of this state: Declaration of Applicant
:

I,
....
(name of applicant), solemnly swear or affirm under penalty of perjury that the personal information in this application is true, complete and correct; that I understand the official duties and responsibilities of a
commissioned notarial officer
in Wyoming; and that I will perform, to the best of my ability, all notarial acts in accordance with the law.
....
(signature of applicant)

34
‑
26
‑
210
.

Confidentiality.

Information required by W.S. 34
‑
26
‑
208(
a)(v)
shall be used by the
secretary
of state
and designated employees only for the purpose of performing official duties under this
a
ct and shall not be disclosed to any person other than a government agent acting in an official capacity and duly authorized to obtain such information, a person authorized by court order, or to
the applicant or
the
applicant
'
s duly authorized agent.

ARTICLE 3
POWERS
OF NOTARIAL OFFICERS

34
‑
26
‑
301
.

Powers and
p
rohibitions.

(a)

A notarial officer is empowered to perform the acts
described in W.S. 34
‑
26
‑
101(b)(
iii).

(b)

A notarial officer
,
shall not perform a notarial act if the
principal:

(i)

Is not in the
notarial officer
'
s
presence at the time of notarization;

(ii)

Is not personally known to the
notarial officer
or identified by the
notarial officer

t
hrough satisfactory evidence;

(iii)

Shows a
demeanor which causes the notarial officer
to have a compelling doubt about whether the principal knows the consequences of the transaction requiring a notarial act; or

(iv)

In the
notarial officer
'
s judgment
is not acting of his own free will.

(c)

A
notarial officer
may certify the affixation of a
signature by mark on a document presented for notarization if:

(i)

The mark is affixed in the presence of the
notarial officer
and
two (2) witnesses unaffected by the document;

(ii)

Both witnesses sign their own names beside the mark;

(iii)

The
notarial officer
writes below the mark:
"
Mark affixed by (name of signer by mark) in presence of (names and addresses of w
itnesses) and undersigned notarial officer
under
W.S. 34
‑
26
‑
301(c)
"
; and

(iv)

The
notarial officer
notarizes the signature by mark through an acknowledgment, jurat or signature witnessing.

(d)

A notarial officer
may sign the name of a person physically unable to sign or make a mark on a document presented for notarization if:

(i)

The person directs the
notarial officer
to do so in the presence of two (2) witnesses unaffected by the document;

(ii)

The
notarial officer
signs the person
'
s name in the presence of the person and the witnesses;

(iii)

Both witnesses sign their own names beside the signature;

(iv)

The notarial officer
writes below the signatu
re:
"
Signature affixed by notarial officer
in the presence of (names and addresses of person and
two (
2
)
witnesses)
under
W.S. 34
‑
26
‑
301(d)
"
; and

(v)

The notarial officer
notarizes the signature through an acknowledgment, jurat or signature witnessing.

(e)

I
t shall be lawful for any notarial officer
who is a stockholder, director, officer or employee of a bank or other corporation to take the acknowledgment of any party to any written instrument executed to or by said corporation, or to administer an oath to any other stockholder, director, officer, employee or agent of such corporation, or to protest for nonacceptance, or nonpayment, bills of exchange, drafts, checks, notes and other negotiable instruments which may be owned or held for collection by any such bank or other corporation.

34
‑
26
‑
302
.

Disqualifications.

(a)

A notarial officer
is disqualified from perform
ing a notarial act if the notarial officer
:

(i)

I
s a party to or named in the document that is to be notarized;

(ii)

W
ill receive as a direct or indirect result any commission, fee, advantage, right, title, interest, cash, property or other consideration exceeding in value the fees specified in
W.S. 34-26-402
;

(iii)

I
s a spouse,
ancestor, descendant or sibling of the principal, including
in-law, step or half relative
; or

(iv)

I
s an attorney who has prepared, explained or recommended to the principal the document that is to be notarized.

(b)

Notwithstan
ding
paragraph
(a)(ii
)
of this section
, a notarial officer
may collect a fee for an assignment as a signing agent if payment of that fee is not contingent upon the signing of any document.

34
‑
26
‑
303.

Refusal to n
otarize.

(a)

Unless requir
ed by W.S. 34
‑
26
‑
301(b)(iii) or
(iv), a

notarial officer
shall not refuse to perform a notarial act based on the principal
'
s status as a nonclie
nt or noncustomer of the notarial officer
or the
officer
'
s employer.

(b)

A
notarial officer
shall perform any notarial act described in
W.S. 34
‑
26
‑
101(b)(iii)

for any person requesting such an act who tenders the appropriate fee, unless:

(i
)

T
he
notarial officer
knows or has good reason to believe that the notarial act or the associated transaction is unlawful;

(ii)

T
he act is prohibited under
W.S. 34
‑
26
‑
301(b)
;
or

(iii)

T
he number of notarial acts requested practicably precludes completion of all acts at once, in which case the
notarial officer
shall arrange for later comp
letion of the remaining acts.

(c)

A
notarial officer
may
,
but is not required to
,
perform a notarial act outside the
notarial officer
'
s
regular workplace or business hours.

34
‑
26
‑
304
.

Avoidance o
f i
nfluence.

(a)

While ac
ting as a notarial officer, a notarial

officer shall not influence a person either to enter into or avoid a transaction involving a notarial act by the notarial officer, except that the notarial officer may advise against a transaction if
W.S. 34
‑
26
‑
301(b)
applies.

(b)

In his capacity as a
notarial officer
, a notarial officer
has neither the duty nor the authority to investigate, ascertain or attest the lawfulness, propriety, accuracy or truthfulness of a document or transaction involving a notarial act.

34
‑
26
‑
305
.

False c
ertificate.

(a)

A notarial officer shall not execute a certificate containing information known or believed by the notarial officer to be false.

(b)

A notarial officer shall not affix an official signature or seal on a notarial certificate that is incomplete.

(c)

A notarial officer shall not provide or send a signed or sealed notarial certificate to another person with the understanding that it will be completed or attached to a document outside of the notarial officer
'
s presence.

34
‑
26
‑
306
.

Improper d
ocuments.

(a)

A notarial officer shall not notarize a signature:

(i)

On a blank or incomplete document; or

(ii)

On a document without notarial certificate wording.

(b)

A notarial officer shall neither certify nor authenticate a photograph.

34
‑
26
‑
307
.

Intent to d
eceive
.

A notarial officer shall not perform any official action with the intent to deceive or defraud.

34
‑
26
‑
308
.

Testimonials.

A notarial officer shall not use the official
notarial officer
title or seal to endorse, promote, denounce or oppose any product, service, contest, candidate or other offering.

ARTICLE 4
NOTARIAL OFFICER FEES

34
‑
26
‑
401
.

Imposition and waiver of f
ees.

For per
forming a notarial act,
a notarial officer may charge the maximum fee specified in
W.S. 34
‑
26
‑
402
, charge less than the maximum fee or waive the fee.

34
‑
26
‑
402
.

Fees
for notarial a
cts.

(a)

The maximum fees
that may be charged by a notarial officer
for notarial acts are:

(i)

For
taking an acknowledgment
, two d
ollars
($2.00)
per signature;

(ii)

For
administering
an oath or affirmation
without a signature,
two dollars ($2.00)
per person;

(iii)

For jurats,
two dollars ($2.00)
per signature;

(i
v)

For
witnessing or attesting a
signature, two dollars ($2.00)
per signature;

(v)

For certifying or attesting
copies,
two dollars ($2.00)
per page certified;

(vi)

For
taking a verification upon oath or affirmation
,
two dollars ($2.00)
per certificate
;

(vii)

For noting a protest of negotiable instruments, two dollars ($2.00) per protest
.

(b)

A notarial officer may charge a travel fee when traveling to perform a notarial act if:

(i)

The notarial officer and the person requesting the notarial act agree upon the travel fee in advance of the travel; and

(ii)

The notarial officer explains to the person requesting the notarial act that the travel fee is both separate from the notarial fee, if any, and neither specified nor mandated by law.

34
‑
26
‑
403
.

Payment prior to a
ct.

(a)

A notarial officer may require payment of any fees specified in
W.S. 34
‑
26
‑
402
prior to performance of a notarial act.

(b)

Any fees paid to a notarial officer prior to performance of a notarial act are nonrefundable if:

(i)

The act was completed; or

(ii)

In the case of travel fees paid in compliance with
W.S. 34
‑
26
‑
402(b)
, the act was not completed for reasons stated in
W.S. 34
‑
26
‑
303(b)(i) or (ii)
after the notarial officer had traveled to meet the principal.

34
‑
26
‑
404
.

Fees of employee notarial officer
.

(a)

An employer may prohibit an employee who is a notarial officer from charging for notarial acts performed
as part of the employee
'
s employment
.

(b)

A private employer shall not req
uire an employee who is a notarial officer
to surrender or share fees charged for any notarial acts.

(c)

A governmental employer who has absorbed an employee
'
s costs in b
ecoming or operating as a notarial officer
shall require any fees collected for notarial acts performed
as part of the employee
'
s employment
either to be waived or surrendered to the employer to support public programs.

ARTICLE
5
SIGNATURE AND SEAL OF NOTARIAL OFFICER
S

34
‑
26
‑
5
01.

Official s
ignature.

(a)

In notarizing a paper document, a notarial officer shall:

(i
)

Sign by hand on the notarial certificate
their name and, if a commissioned notarial officer,
exactly and only the name indicated on the
notarial officer
'
s
commission;

(ii)

Not sign using a facsimile stamp or an electronic or other printing method; and

(iii
)

A
ffix the official signature only at the time the notarial act is performed.

34
‑
26
‑
5
02.

Official s
eal.

(a)

A
commissioned

notarial officer
shall keep an official seal that is the exclusive property of the
notarial officer
. The seal shall not be possessed or used by any other person, nor surrendered to an employer upon termination of employment.

(b)

A noncommissioned notarial officer also may maintain and use an official seal, but is not required to maintain or use such seal. If a noncommissioned notarial officer chooses to use such seal, he shall comply with the provisions of this section except that commission information need not be included on the seal.

(c
)

An image of an
official sea
l shall be affixed by the
commissioned
notarial officer
on every paper document notarized
.

(
d
)

An image of the seal shall be affixed only at the time the notarial

act is performed.

(e
)

When not in use, the seal shall be kept secure and accessible only to the

notarial officer
.

(
f
)

Within
ten

(
10
)
days after the seal of a
ny

notarial officer
is stolen, lost, damaged or otherwise rendered incapable of affixing a legibl
e image, the notarial officer
, after informing the appropriate law enforcement agency in the case of theft or vandalism, shall notify the
secretary
of state

by any means providing a tangible receipt or acknowledgment, including certified mail and electronic transmission, and also provide a copy or number of any pertinent police report. Upon receipt of such notice the
secretary
of state
shall issue to the
notarial officer
a new certificate of authorization to p
urchase
a
notarial o
fficer
s
eal.

(
g
)

As soon as reasonably practicable after resignation, revoca
tion or expiration of a notarial officer
commission,
death of the
notarial officer
or other circumstance rendering a notarial officer unqualified to perform notarial acts,
the
notarial officer
'
s
seal shall be destroyed or defaced so that it may not be misused.

34
‑
26
‑
5
03
.

Seal i
mage
.

(a)

A notarial officer
'
s
official
seal shall be affixed in a sharp, legible, permanent and photographically
reproducible
manner near a
notarial officer
'
s official signature on the notarial certificate of a paper document,
and
shall include the following elements:

(i)

The notarial officer
'
s
name exactly as indicated on any
commission;

(ii)

The serial number of a commissioned
notarial officer
'
s commission;

(iii)

The words
"
notary p
ublic
"
or
"
notarial officer
"
and
"
S
tate of
Wyoming
"
and
, if applicable,

"
m
y commission expires (commission expiration date)
"
;
and

(
i
v)

A
border in a
rectangular shape no larger than
two (2) inches by one (1) inch
, surrounding the required words.

(b)

Illegible information within a seal impression may be typed or printed legibly by the notarial officer adjacent to but not within the impression.

(c)

An embossed seal impression that is not photographically reproducible may be used in addition to but not in
lieu of the seal described in s
ubsection (a)
of this section
.

ARTICLE
6
CHANGES OF STATUS

34
‑
26
‑
6
01
.

Change o
f a
ddress.

(a
)

Within ten (10) days after the change of a
commissioned
notarial officer
'
s residence, business or mailing address, the notarial officer
shall send to the
secretary
of state
by any means providing a tangible receipt or acknowledgment, including certified mail and electronic transmission, a signed notice of the change, giving both old and new addresses.

(b)

If the business address is changed, the
commissioned
notarial officer
shall not perform a notarial act
until:

(i)

T
he notice described in s
ubsection (a)
of this section
has been delivered or transmitted;

(ii)

A
c
onfirmation of
the
notarial o
fficer
'
s
name or address c
hange has been received from the
secretary
of state
; and

(i
ii
)

The surety for the
commissioned
notarial officer
'
s bond has been informed in writing.

34
‑
26
‑
6
02
.

Change of n
ame.

(a)

Within
ten

(
10
)
days after the change of a
commissioned
notarial officer
'
s
name by court order or marriage, the
commissioned
notarial officer
shall send to the
secretary
of state
by any means providing a tangible receipt or acknowledgment, including certified mail and electronic transmission, a signed notice of the change, giving both former and new names, with a copy of any official authorization for such change.

(b)

A
commissioned
notarial officer
with a new name shall continue to use the former

name in performing notarial acts until the following steps have been completed, at which point the
commissioned
notarial officer
shall use the new name:

(i
)

T
he notice described in s
ubsection (a)
of this section
has been delivered or transmitted;

(ii
)

A
c
onfirmation of
the
notarial o
fficer
'
s
name or address c
hange has been received from the
secretary
of state
;

(iii
)

A
new seal bearing
the new name exactly as in the c
onfirmation has been obtained; and

(iv
)

T
he surety for the
commissioned
notarial officer
'
s
bond has been informed in writing.

34
‑
26
‑
6
03
.

Resignation.

(a)

A
commissioned
notarial officer who resigns his commission shall send to the
secretary
of state
by any means providing a tangible receipt or acknowledgment, including certified mail and electronic transmission, a signed notice indicating the effective date of resignation
and shall not perform any notarial act after that date
.

(b)

Commissioned n
otarial officers who cease to reside in or to maintain a regular place of work or business in this
s
tate, or who become permanently unable to perform their notarial duties, shall resign their
commissions.

34
‑
26
‑
6
04
.

Disposition of seal
.

W
hen a
notarial officer
commission expires or is
resigned or revoked,
or upon the occurrence of any other circumstance rendering the notarial officer unqualified to
perform
notarial acts,
the notarial officer
shall
a
s soon as reasonably practicable, destroy or deface all
notarial officer
seals so that they may not be misused
.

34
‑
26
‑
6
05
.

Death of n
otary.

(a)

If a
commissioned
notarial officer dies during the term of commission or before fulfilling the obligations stipulated in
W.S. 34
‑
26
‑
6
04
, the
notarial officer
'
s
personal representative shall:

(i
)

N
otify the
secretary
of state
of the death in writing;
and

(ii
)

A
s soon as reasonably practicable, destroy or deface all
notarial officer
seals so that they may not be misused
.

ARTICLE
7
LIABILITY, SANCTIONS AND REMEDIES FOR IMPROPER ACTS

34
‑
26
‑
7
01.

Liability of
commissioned
notarial o
fficer
, surety and e
mployer.

(a)

A
commissioned
notarial officer
is liable to any person for all damages proximately ca
used that person by the notarial officer
'
s
negligence, intentional violation of law or official misconduc
t in relation to a notarial act
.

(b)

A surety for a
notarial officer
'
s
bond is liable to any person for damages proximately caused that person by the
notarial officer
'
s
negligence, intentional violation of law or official misconduct in relation to a no
tarial act
during the b
ond term, but this liability shall
not exceed the dollar amount of the bond or of any remaining bond funds that have not been disbursed to other claimants. Regardless of the number of claimants against the bond or the number of notarial acts cited in the claims, a surety
'
s aggregate liability shall not exceed
the dollar amount of the bond for acts of the notarial officer.

34
‑
26
‑
7
02
.

Revocation.

(a)

The
secretary
of state
may revoke a
notarial officer
commission for any ground on which an application for a commission may be denied under
W.S. 34
‑
26
‑
202(c)
.

(b)

The
secretary
of state
shall revoke the commission of any notarial officer who fails:

(i)

To maintain a residence or a regular place of wor
k or business in this
s
tate; and

(ii)

To maintain status as a legal resident of the
United States
.

(c)

Prior to revocation of a
notarial officer
commission, the
secretary
of state
shall inform the notarial officer of the basis for the revocation and that the revocation takes effect on a particular date unless a proper
and timely
appeal is filed pursuant
to rules adopted by the
secretary
of state
a
nd consistent with the Wyoming
Administrative P
rocedu
re
A
ct.

(d)

Resignation or expiration of a
notarial officer
commission does not terminate or preclude an investigation into the notar
ial officer
'
s
conduct by the
secretary
of state
, who may pursue the investigation to a conclusion, whereupon it shall be made a matter of public record whether or not the finding would have

been grounds for revocation.

34
‑
26
‑
7
03
.

Other remedial actions for m
isconduct.

(a)

The
secretary
of state
may deliver a written official warning to cease m
isconduct to any notarial officer whose actions are judged to be official misconduct under
W.S. 34
‑
26
‑
101(b)(xv
i
)
.

(b)

The
secretary
of state
may seek a court injunction to prevent a person from viola
ting any provision of this a
ct.

34
‑
26
‑
7
04
.

Publication of sanctions and remedial a
ctions.

The
secretary
of state
shall regularly publish a list of persons whose
notarial officer
commissions have been revoked by the
secretary
of state
or whose actions as a notarial officer were the su
bject of a court injunction or official warning to cease m
isconduct.

Section 2
.

W.S.
1
‑
2
‑
102(a)(vii)
and (b)
,

2
‑
11
‑
105(a)
, 6
‑
5
‑
114
,

9
‑
1
‑
305(a)(iii)
,
29
‑
7
‑
202(a)
, 34
‑
2
‑
133(a)
,
34
‑
5
‑
101
,
34
‑
5
‑
104
,
34
‑
26
‑
101(b)
(i), (iii), (iv)
,
by creating n
ew paragraphs (vi) through (xx
ii
)
and by amending and renumbering (vi) as (xxiii)
,
34
‑
26
‑
102(c) and (d),

34
‑
26
‑
103(a)(i)
and by creating
a
new subsection (d)
,
34
‑
26
‑
104(a)(i)
,

34
‑
26
‑
106(a)(i)
,
34
‑
26
‑
107(a)
,
34.1
‑
3
‑
505(
b)
and
41
‑
7
‑
804(a)(i)

are amended to read:

1
‑
2
‑
102.

Officers authorized to administer.

(a)

The following officers are authorized to administer oaths:

(vii)

Notaries public

Notarial officers
;

(b)

Officers listed in this section are authorized to administer oaths, but are not authorized to perform other notarial acts as defined in W.S. 34
‑
26
‑
101(b)(iii), unless specified otherwise in W.S.
32
‑
1
‑
105(c) or

34
‑
26
‑
103(a).

2
‑
11
‑
105.

Procedure when foreign law does not require probate; filing, recording and effect.

(a)

When a duly authenticated copy of a will from any state or country where probate is not required by the laws of the state or country, with a duly authenticated certificate of the legal custodian of the original will that the same is a true copy and that the will has become operative by the laws of the state or country, and when a copy of a notarial will in possession of a
notary

notarial officer
in a foreign state or country entitled to the custody thereof (the laws of which state or country require that the will remain in the custody of the
notary

notarial officer
), duly authenticated by the
notary

notarial officer
, is presented by the executor or other persons interested to the proper court in this state, the court shall take the proofs as may be appropriate.

6
‑
5
‑
114.

Notarial officers
; issuance of certificate without proper acknowledgment; penalties.

A
notary public

notarial officer
commits a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both, if he signs and affixes his seal to a certificate of acknowledgment when the party executing the instrument has not first acknowledged the execution of the instrument before the
notary public

notarial officer
, if by law the instrument is required to be recorded or filed and cannot be filed without a certificate of acknowledgment signed and sealed by a
notary public

notarial officer
.

9
‑
1
‑
305.

Fees; amounts; collection; exceptions.

(a)

The
secretary
of state
shall collect the following fees in advance for:

(iii)

Issuing
a
notarial officer

commission
,

to notary public
,
thirty dollars ($30.00);

29
‑
7
‑
202.

Notice of lien to be filed; time and place; form; filing by county clerk; release; renewal.

(a)

A notice of a breeder
'
s lien shall within ninety (90) days after the date of the service be filed in the office of the
secretary
of state
. The notice shall be in the following format:

Notice of Breeder
'
s Lien.

The State of
Wyoming
)
) ss.
County of .... )

I, ...., being first duly sworn, upon my oath depose and say I am the lawful owner (or duly authorized agent of .... the lawful owner) of .... (description of male animal).

On (or between) the .... day of ...., A.D. (year) and the .... day of ...., (year), the services of the male animal were had upon the following described female animals:

The above services were rendered at the request of .... (for and on behalf of ....), the lawful owner .... of the female animals.

The fee agreed upon for these services was .... dollars.

There is now due to .... from .... for these services, the sum of .... dollars.

Ninety (90) days have not elapsed since the date of the services, and .... claim a breeder
'
s lien on the property for this amount.

Subscribed in my presence and sworn to before me this .... day of ...., A.D. (year).

Notary Public

Notarial Officer
.

34
‑
2
‑
133.

Tax deeds; possession and affidavits of possession.

(a)

Possession by the grantee for a continuous period of not less than six (6) months at any time after one (1) year and six (6) months have elapsed since the date of recording the tax deed extinguishes forever all the claims, right, title and interest, including the right to possession, of the former owner, and vests in the grantee any title conveyed or purportedly conveyed by the tax deed. Proof of possession by the grantee and the record of the tax deed constitutes conclusive evidence of the legality and effectiveness of the deed and any proceedings upon which the deed is based, and of the title of the grantee. As a means of proving possession and preserving evidence of possession under a tax deed, the then owner or holder of the title conveyed or purportedly conveyed by the tax deed may, at any time after two (2) years from the date of recording of the tax deed, file for record in the office of the county clerk and ex officio register of deeds in which the real estate is located an affidavit substantially in the following form:
AFFIDAVIT OF POSSESSION AND CLAIM UNDER TAX DEED

State of .... )

) ss
.... County

)

I, ...., (name) residing at .... (address), being first duly sworn, depose and say that on .... (date) a tax deed was issued to .... (grantee) for the following described real estate: .... .... that said tax deed was filed for record in the office of the county clerk and ex officio register of deeds for .... county, ...., on .... (date), and appears in the records of that office in .... County as recorded in book .... page .... of the .... records; that I am now in possession of such real estate and claim title to the same by virtue of such tax deed; that I have been in possession of such real estate for a continuous period of not less than six (6) months immediately preceding the date of this affidavit; and that the facts concerning the possession of such real estate from the date of recording the tax deed to the date of this notice are, insofar as known to me, as follows:

....

....
Subscribed and sworn to before me this .... .... day of ...., (year).

.................

Notary Public

Notarial Officer
in and for

.......... County
......... (state)

34
‑
5
‑
101.

When executed out of state; exceptions.

All deeds and conveyances of real estate given and recorded in the state of Wyoming prior to January 1, 1925, the execution of which shall have been acknowledged before a
notary public

notarial officer
out of this state, where the certificate of official character attached to such deeds or other conveyance fails to state that such deed or conveyance was executed and acknowledged according to the laws of the state or territory in which the same was executed, shall be deemed as valid and binding as if such certificate had contained the statement aforesaid, and shall be so construed by the courts, and the record thereof shall have the same force and effect as if such certificate had contained said statement; provided, that such record shall in no wise affect the right or title of any person acquired in good faith and for a valuable consideration before the said January 1, 1925; and provided, further, that this section shall not be construed to affect any judgment or decree rendered by any court of the state before that time.

34
‑
5
‑
104.

Certificate of acknowledgment; incomplete.

Any conveyance of real estate made ten (10) years or more prior to January 1st, A.D. 1935, purporting to be acknowledged before any justice of the peace, within or without the state of Wyoming, where such justice of the peace did not state in his certificate of acknowledgment the date of expiration of his office, or where no certificate, or a defective certificate is attached to such deed by the county clerk or clerk of court of the county of such justice of the peace as is required by law in case such acknowledgment is taken before a justice of the peace outside of the state of Wyoming; and any conveyance of real estate made ten (10) years or more prior to January 1st, A.D. 1935, purporting to be acknowledged before any
notary public

notarial officer
, where such
notary public

notarial officer
did not attach his seal to such certificate of acknowledgment, or did not state therein the expiration of the time of his commission; and any conveyance of real estate made ten (10) years or more prior to the 1st day of January, A.D. 1935, where such conveyance does not purport to be properly witnessed; and any conveyance of real estate made ten (10) years or more, prior to the first day of January, A.D. 1935, purporting to be executed by any corporation, where there is any defect or irregularity in the execution or acknowledgment thereof, shall, if the same has been heretofore recorded ten (10) years or more prior to January 1st, 1935, in the office of the county clerk of the county where the real estate therein conveyed is situate, be deemed as valid and as effective and binding as though the defects and irregularities therein, herein mentioned, did not exist and as though in these respects the same had been executed in full accordance with the laws of this state, and the record, or the certified copy thereof, shall be admitted in evidence in all actions or proceedings with the same force and effect as though the defects and irregularities therein, herein mentioned, did not exist, and as though in these respects the same had been executed in full accordance with the laws of this state.

34
‑
26
‑
101.

Short
title; definitions.

(b)

As used in this act:

(i)

"
Acknowledgment
"
means
a declaration by a person that the person has freely and voluntarily executed an instrument for the purposes stated therein and, if the instrument is executed in a representative capacity, that the person signed the instrument with proper authority and executed it as the act of the person or entity represented and identified therein and that the person acknowledges that the instrument was executed and acknowledged freely and voluntaril
y
;

an act in which

an individual at a single time and pl
ace:

(A)

A
pp
ears in person before the notarial officer
a
nd presents a document;

(B)

I
s personally known to the notarial officer or identified by the notarial officer
through satisfactory evidence;
and

(C)

I
ndicates to the notarial officer
that the signature on the document was voluntarily affixed by the individual for the purposes stated within the document and, if applicable, that the individual had due authority to sign in a particular representative capacity
.

(iii)

"
Notarial act
,
"

means

any act that a notarial officer of this state is authorized to perform, and includes taking an acknowledgement, administering an oath or affirmation, taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy and noting a protest of a negotiable instrument;

"
n
otarize" and "notarization" mean
:

(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 a jurat;

and

(H
)

Performing other acts so autho
rized by the laws of this state.

(iv)

"
Notarial officer
"
means
a notary public or other officer

any person
authorized to perform notarial acts

under W.S. 34
‑
26
‑
103
;

(vi)

"
Affirmation
"
means a notarial act, or part thereof, which is legally equivalent to an oath and in which an individual a
t a single time and place:

(A)

A
ppears
in person befor
e the notary;

(B
)

I
s personally known to the notary or identified by the notary through
satisfactory evidence; and

(C)

M
akes a vow of truthfulness or fidelity on penalty of perjury, based on personal honor and without invoking a deity or us
ing any form of the word
"
swear
"
.

(vii)

"
App
ears in
person before the notarial officer
"
means that the person and the notarial officer are physically close enough to see, hear, communicate with and give identification documents to each other;

(vi
i
i
)

"
Commission
"
means both to empower to perform notarial acts and the written evidence of
authority to perform those acts;

(
ix
)

"
Commissioned notarial officer
"
means a person who has been issued a commission to perform notarial acts by the secretary of state. A commissioned notarial officer is a notary public
;

(x)

"
Credible witness
"
means an honest, reliable and impartial person who personally knows an indi
vidual appearing before a notarial officer
and takes an oat
h or affirmation from the notarial officer
to vouch for that individual
'
s identity
;

(xi)

"
Jurat
"
means a notarial act in which an individual a
t a single time and place:

(A)

A
pp
ears in person before the notarial officer
and presents a document;

(B)

I
s personally known to the notarial officer
or ident
ified by the notarial officer
through satisfactory evidence;

(
C)

S
igns the docume
nt in the presence of the notarial officer
; and

(D)

T
akes an oat
h or affirmation from the notarial officer
vouching for the truthfulness or accuracy of the signed document
.

(x
ii
)

"
Notarial certificate
"
and
"
certificate
"
mean the part of, or attachment to, a notarized document that is completed by the notarial officer, bears the notarial officer
'
s signature and seal, states the facts attested by the notarial officer in a particular notarization and may be in the form set forth in W.S. 34
‑
26
‑
108;

(x
i
ii
)

"
N
otary public
"
and
"
notary
"
mean
any
person
commissioned under this act to
be a notarial officer and
perform notarial acts;

(x
i
v
)

"
Oath
"
means a notarial act, or part thereof, which is legally equivalent to an affirmation and in which an individual at a single time
and place:

(A)

A
pp
ears in person before the notarial officer
;

(B)

I
s p
ersonally known to the notarial officer or identified by the nota
r
ial officer
throu
gh satisfactory evidence; and

(C)

M
akes a vow of truthfulness or fidelity on penalty of perjury while invoking a deity or us
ing any form of the word
"
swear
"
.

(x
v
)

"
O
fficial misconduct
"
means:

(A)

A
notar
ial officer
'
s performance of any act prohibited, or failure to perform
any act mandated, by this act
or by any other law in connection wi
th a notarial ac
t by the notarial officer; or

(B)

A
notarial officer
'
s performance of an official a
ct in a manner found by the secretary of state
or a court of competent jurisdiction
to be negligent or against the public interest
.

(x
v
i
)

"
Personal knowledge of identity
"
,

"
personally known to the notarial officer
"
and

"
personally knows
"
mean familiarity with an individual resulting from interactions with that individual over a period of time sufficient to dispel any reasonable uncertainty that the individual has the identity claimed;

(x
vii
)

"
Principal
"
means:

(
A)

A
person who
se signature is notarized; or

(B)

A
person, other than a credible witness, taking an oath or affirmat
ion from the notarial officer.

(x
viii
)

"
Regular place of work or business
"
means a stationary office or workspace where one spends all or some of
one
'
s working or business hours;

(x
i
x
)

"
Satisfactory evidence
"
,
when referring to proof of
identity
,
means identificati
on of an individual based on:

(A
)

T
he notarial officer
'
s personal
knowledge
of identity;

(B
)

A
t least one
(1)
current document issued by a federal, state or tribal government agency bearing the photographic image of the individual
'
s face and signature and a physical description of the individual, though a properly stamped passport without a physical
description is acceptable; or

(
C)

T
he oath or affirmation of one
(1)
credible witness unaffected by the document or transaction who is personally known to the notarial officer and who personally knows the individual, or of
two (
2
)
credible witnesses unaffected by the document or transaction who each personally knows the individual and shows to the notarial officer documentary identification
as described in s
ubparagraph (
B
) of this paragraph
.

(x
x
)

"
Seal
"
means a device for affixing on a documen
t an image containing a notarial officer
'
s
name, jurisdiction, commission expiration date and other i
nformatio
n related to the notarial officer
'
s commission
and identity
;

(xx
i
)

"
Verification of fact
"
means
a notarial act in which a notarial officer
reviews public or vital records to ascertain or confirm any of the follow
ing facts regarding a person:

(A)

Date of birth or death;

(B
)

N
ame of
parent, offspring or sibling;

(
C)

D
ate of marriage or divorce;
or

(D)

N
ame of marital partner.

(vi)
(xxi
i
)

"
This act
"
means W.S. 34
‑
26
‑
101 through
34
‑
26
‑
109
34
‑
26
‑
7
0
4
.

34
‑
26
‑
102.

Notarial acts.

(c)

In witnessing or attesting a signature the
notarial officer

person making the signature
shall
determine, either from personal knowledge or from satisfactory evidence, that the signature is that of the person appearing before the officer and named therein

be personally known to the notarial officer or identified through satisfactory evidence, shall appear in person before the notarial officer and shall
make the signature
in the presence of the notarial officer
.

(d)

In certifying or attesting a copy of a document or other item, the notarial officer shall
:

(i)

B
e present with the document or other item which is neither a vital record, a public record nor
publicly
recordable;

(ii)

C
opy or supervise the copying of the document or other item using a photographic or
electronic copying process; and

(iii)

D
etermine that the proffered copy is a full, true and accurate transcription or reproduction of that which was copied.

34
‑
26
‑
103.

Notarial acts in
Wyoming
.

(a)

A notarial act may be performed within this state by the following persons:

(i)

A
notary public
of this state

person commissioned as a notarial officer
;

(d)

All persons authorized to perform notarial acts under subsection (a)
of this section
may perform such acts without a commission except
persons listed under
paragraph
(a)(
i)
of this section
.

34
‑
26
‑
104.

Notarial acts in other jurisdictions of the
United States
.

(a)

A notarial act, including the acknowledgment of any deed, mortgage or conveyance, has the same effect under the law of this state as if performed by a notarial officer of this state, if performed in another state, commonwealth, territory, district or possession of the
United States
by any of the following persons:

(i)

A
notary public

n
otarial officer
of that jurisdiction;

34
‑
26
‑
106.

Foreign notarial acts.

(a)

A notarial act, including the acknowledgment of any deed, mortgage or conveyance, has the same effect under the law of this state as if performed by a notarial officer of this state if performed within the jurisdiction of and under the authority of a foreign nation or its constituent units or a multi-national or international organization by any of the following persons:

(i)

A
notary public or notar
y
notarial officer
;

34
‑
26
‑
107.

Certificate of notarial acts.

(a)

A notarial act shall be evidenced by a certificate signed and dated by a notarial officer. The certificate shall include identification of the jurisdiction in which the notarial act is performed and the title of the office of the notarial officer and may include the official stamp or seal of the office. If the officer is a
notary public

commissioned notarial officer
, the certificate shall also indicate the date of expiration, if any, of the commission of office, but omission of that information may subsequently be corrected. If the officer is a commissioned officer on active duty in the military service of the
United States
, it shall also include the officer
'
s rank.

34.1
‑
3
‑
505.

Evidence of dishonor.

(b)

A protest is a certificate of dishonor made by a
United States
consul or vice consul, or a
notary public

notarial officer
or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties.

41
‑
7
‑
804.

Creation; procedures generally.

(a)

The procedure for creating and incorporating a district under the provisions of this act shall be in accordance with the following method, to wit:

(i)

A public irrigation district may be organized under the provisions of this act by filing in the office of the state engineer a petition in compliance with the requirements hereinafter set forth, and the approval of said petition by the state engineer of
Wyoming
as hereinafter provided. Said petition shall be addressed to said state engineer and state in substance that it is the intent and purpose of the petitioners by said petition to create a district under the provisions of this act, subject to approval by said state engineer. Said petition must contain: (A) the name of the proposed district. If the proposed district is to engage in the business of owning or operating irrigation works, such name shall include the words
"
public irrigation district.
"
If the proposed district is also to engage in the business of acquiring, manufacturing or selling or distributing electric power, the name of the proposed district shall include the words
"
public irrigation and power district
"
; (B) the object and purpose of the system proposed to be constructed, together with a general description of the nature, location and method of operation of proposed irrigation works, and of proposed power systems if owning and operating power plants or systems is to be a part of the business of the proposed district; (C) a description of the lands constituting the proposed district and of the boundaries thereof; (D) the location of the principal place of business of the proposed district; (E) a statement that the proposed district shall not have the power to levy taxes; (F) the names and addresses of the members of the board of directors of the proposed district (not less than five (5) nor more than thirteen (13)) who shall serve until their successors are elected and qualified as provided for in this act. In the petition, the directors named shall be divided as nearly as possible into three (3) equal groups, the members of the first group to hold office until their successors, elected at the first district election thereafter, shall have qualified; the members of the second group to hold office until their successors, elected at the second district election thereafter, shall have qualified, and the members of the third group to hold office until their successors, elected at the third district election thereafter, shall have qualified. Thereafter all directors elected shall serve for a term of three (3) years and until their successors are elected and qualified. After the name of each director shall be stated to which of said three (3) groups he belongs. Said petition must be signed by twenty-five percent (25%) of the freeholders or entrymen of the area constituting said proposed district, or by their duly authorized representatives. On each petition, set opposite the signature of each petitioner, shall be stated his or her name and post-office address. To each sheet for petitioners
'
signatures shall be attached a full and correct copy of the petition. Every sheet of every such petition containing signatures shall have upon it and below the signatures an affidavit by the circulator in substantially the following form:
State of
Wyoming

)

) ss
County of ....

)

...., being first duly sworn, deposes and says, that he is the circulator of the foregoing petition containing .... signatures; that each person whose name appears on said petition sheet personally signed said petition in the presence of affiant; that he believes that each of said signers is a freeholder of land to be included within the proposed district residing at the address written opposite his or her name, and that affiant stated to every petitioner before he or she affixed his or her signature the legal effect and nature of said petition.

................

Circulator

Subscribed and sworn to before me this .... day of ...., (year).

................
Notary Public

Notarial Officer
;

Section 3.

W.S.
18
‑
3
‑
402(a)(xvi)(D),
32
‑
1
‑
101 through
32
‑
1
‑
113

and 34
‑
26
‑
102
(h)
are repealed.

Section 4.

This act is effective July 1, 2009.

(END)

1
HB0149