; authority of State commissioning officials Nothing in this Act may be construed to prevent a State, or a commissioning official of a State, from— (1) adopting a requirement in this Act as a duty or standard of care under the laws of that State or sanctioning a notary public for breach of such a duty or standard of care; (2) establishing requirements and qualifications for denying, refusing to renew, revoking, suspending, or imposing a condition on a commission as a notary public; or (3) creating or designating a class or type of commission, or requiring an endorsement or other authorization to be received by a notary public, as a condition on the authority to perform notarial acts with respect to electronic records or for individuals not in the physical presence of the notary public. (d) Special commissions created by a State A notary public commissioned under the laws of a State may not perform a notarization under section 3 or 4 of this Act if— (1) the State has enacted a law that creates or designates a class or type of commission, or requires an endorsement or other authorization to be received by a notary public, as a condition on the authority to perform notarial acts with respect to electronic records or for individuals not in the physical presence of the notary public; and (2) the commission of the notary public is not of the class or type or the notary public has not received the endorsement or other authorization. (e) Savings clause This Act shall not affect the validity of a notarization performed before the date of enactment of this Act. 11. Severability If any provision of this Act or the application of such a provision to any person or circumstance is held to be invalid or unconstitutional, the remainder of this Act and the application of the provisions of this Act to other persons or circumstances shall not be affected by that holding.