Bill Text: OR HB2834 | 2013 | Regular Session | Enrolled
Bill Title: Relating to notaries public; and declaring an emergency.
Spectrum: Committee Bill
Status: (Passed) 2013-05-23 - Chapter 219, (2013 Laws): Effective date May 23, 2013. [HB2834 Detail]
Download: Oregon-2013-HB2834-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2834
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon Law
Commission)
CHAPTER ................
AN ACT
Relating to notaries public; creating new provisions; amending
ORS 73.0505, 132.320, 177.065, 194.980, 194.985, 194.990 and
205.320; repealing ORS 194.005, 194.010, 194.012, 194.014,
194.020, 194.022, 194.024, 194.028, 194.031, 194.040, 194.043,
194.047, 194.052, 194.063, 194.070, 194.090, 194.100, 194.130,
194.150, 194.152, 194.154, 194.156, 194.158, 194.162, 194.164,
194.166, 194.168, 194.200, 194.330, 194.335, 194.505, 194.515,
194.525, 194.535, 194.545, 194.555, 194.558, 194.565, 194.575,
194.578, 194.582, 194.585, 194.595 and 194.700; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
REVISED UNIFORM LAW ON NOTARIAL ACTS + }
SECTION 1. { + Short title. Sections 1 to 50 of this 2013 Act
may be cited as the Revised Uniform Law on Notarial Acts. + }
SECTION 2. { + Definitions. As used in sections 1 to 50 of
this 2013 Act:
(1) 'Acknowledgment' means a declaration by an individual
before a notarial officer that the individual has signed a record
for the purpose stated in the record and, if the record is signed
in a representative capacity, that the individual signed the
record with proper authority and signed it as the act of the
person identified in the record.
(2) 'Clerk of a court of this state' means:
(a) The clerk, deputy clerk or court administrator of the
Supreme Court, the Court of Appeals or the Oregon Tax Court;
(b) The trial court administrator or any other nonjudicial
officer or employee of the circuit court for a county who is
authorized by the presiding judge for the judicial district; or
(c) A nonjudicial officer or employee of a municipal court who
is authorized by a judge of the municipal court.
(3) 'Commercial paper' means instruments that are within the
scope of ORS chapter 73, including drafts, checks, certificates
of deposit and notes.
(4) 'Electronic' means relating to technology having
electrical, digital, magnetic, wireless, optical, electromagnetic
or similar capabilities.
(5) 'Electronic signature' means an electronic symbol, sound or
process attached to or logically associated with a record and
Enrolled House Bill 2834 (HB 2834-INTRO) Page 1
executed or adopted by an individual with the intent to sign the
record.
(6) 'In a representative capacity' means acting as:
(a) An authorized officer, agent, partner, trustee or other
representative of a person other than an individual;
(b) A public officer, personal representative, guardian,
conservator, trustee or other representative, in the capacity
stated in a record;
(c) An agent of or attorney-in-fact for a principal; or
(d) An authorized representative of another in any other
capacity.
(7) 'Judge' means:
(a) Any judge of the circuit court, the Oregon Tax Court, the
Court of Appeals or the Supreme Court, any Oregon Tax Court
magistrate, any justice of the peace or municipal judge or any
county judge who exercises judicial functions; or
(b) Any judge or justice of the peace pro tempore.
(8) 'Notarial act' means:
(a) Taking an acknowledgment;
(b) Administering an oath or affirmation;
(c) Taking a verification on oath or affirmation;
(d) Witnessing or attesting a signature;
(e) Certifying or attesting a copy;
(f) Making, noting or recording a protest of a negotiable
instrument; or
(g) Any other act, whether performed with respect to a tangible
or electronic record, that a notarial officer may perform under
the law of this state.
(9) 'Notarial officer' means a notary public or other
individual authorized to perform a notarial act.
(10) 'Notary public' means an individual commissioned to
perform a notarial act by the Secretary of State.
(11) 'Oath' and 'affirmation' mean a notarial act or part of a
notarial act in which a notary public certifies that a person
made a vow in the presence of the notary public on penalty of
perjury.
(12) 'Official stamp' means a physical image affixed to a
tangible record or an electronic image attached to or logically
associated with an electronic record.
(13) 'Person' means an individual, corporation, business trust,
statutory trust, estate, trust, partnership, limited liability
company, association, joint venture, public corporation,
government or governmental subdivision, agency or instrumentality
or any other legal or commercial entity.
(14) 'Record' means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
(15) 'Sign' means, with present intent to authenticate or adopt
a record:
(a) To execute or adopt a tangible symbol; or
(b) To attach to or logically associate with the record an
electronic symbol, sound or process.
(16) 'Signature' means a tangible symbol or an electronic
signature that evidences the signing of a record.
(17) 'Stamping device' means:
(a) A physical device capable of affixing to a tangible record
an official stamp; or
(b) An electronic device or process capable of attaching to or
logically associating with an electronic record an official
stamp.
Enrolled House Bill 2834 (HB 2834-INTRO) Page 2
(18) 'State' means a state of the United States, the District
of Columbia, Puerto Rico, the United States Virgin Islands, or
any territory or insular possession subject to the jurisdiction
of the United States.
(19) 'Verification on oath or affirmation' means a declaration,
made by an individual on oath or affirmation before a notarial
officer, that a statement in a record is true. + }
SECTION 3. { + Authority to perform notarial act. (1) A
notarial officer may perform a notarial act authorized by
sections 1 to 50 of this 2013 Act or by law of this state other
than sections 1 to 50 of this 2013 Act.
(2) A notarial officer may not perform a notarial act with
respect to a record to which the officer or the officer's spouse
is a party, or in which either the officer or the officer's
spouse has a direct beneficial interest. A notarial act performed
in violation of this subsection is voidable. + }
SECTION 4. { + Requirements for certain notarial acts. (1) A
notarial officer who takes an acknowledgment of a record shall
determine, from personal knowledge or satisfactory evidence of
the identity of the individual, that the individual appearing
before the officer and making the acknowledgment has the identity
claimed and that the signature on the record is the signature of
the individual.
(2) A notarial officer who takes a verification on oath or
affirmation shall determine, from personal knowledge or
satisfactory evidence of the identity of the individual, that the
individual appearing before the officer and making the
declaration has the identity claimed and that the signature on
the record containing the statement verified is the signature of
the individual.
(3) A notarial officer who witnesses or attests a signature
shall determine, from personal knowledge or satisfactory evidence
of the identity of the individual, that the individual appearing
before the officer and signing the record has the identity
claimed.
(4) A notarial officer who certifies or attests a copy of a
record or an item that was copied shall determine that the copy
is a full, true and accurate transcription or reproduction of the
record or item.
(5) A notarial officer who makes or notes a protest of a
negotiable instrument shall determine the matters set forth in
ORS 73.0505. + }
SECTION 5. { + Personal appearance required. + } { + If a
notarial act relates to a statement made in or a signature
executed on a record, the individual making the statement or
executing the signature shall appear personally before the
notarial officer. + }
SECTION 6. { + Identification of individual. (1) A notarial
officer has personal knowledge of the identity of an individual
appearing before the officer if the individual is personally
known to the officer through dealings sufficient to provide
reasonable certainty that the individual has the identity
claimed.
(2) A notarial officer has satisfactory evidence of the
identity of an individual appearing before the officer if the
officer can identify the individual:
(a) By means of:
(A) A United States passport or an officially recognized
passport of a foreign country, or a driver license or
identification card issued under ORS 807.400 or a comparable
Enrolled House Bill 2834 (HB 2834-INTRO) Page 3
provision in another state, that is current or that expired not
more than three years before performance of the notarial act; or
(B) A military identification card, an identity card issued by
a federally recognized Indian tribe or other document issued by
the federal government or a state, county or local government
that is current or that expired not more than three years before
performance of the notarial act and that contains the signature
and a photograph of the individual;
(b) By a verification on oath or affirmation of a credible
witness personally appearing before the officer and known to the
officer or whom the officer can identify on the basis of:
(A) A United States passport or an officially recognized
passport of a foreign country, or a driver license or
identification card issued under ORS 807.400 or a comparable
provision in another state, that is current or that expired not
more than three years before performance of the notarial act; or
(B) A military identification card, an identity card issued by
a federally recognized Indian tribe or other document issued by
the federal government or a state, county or local government
that is current or that expired not more than three years before
performance of the notarial act and that contains the signature
and a photograph of the individual; or
(c) Positively by examination or comparison of official
government documents or records if the individual is confined in
a correctional facility.
(3) A notarial officer may require an individual to provide
additional information or identification credentials necessary to
confirm the identity of the individual. + }
SECTION 7. { + Authority to refuse to perform notarial act.
(1) A notarial officer may refuse to perform a notarial act if
the officer is not satisfied that:
(a) The individual executing the record is competent or has the
capacity to execute the record;
(b) The individual's signature is knowingly and voluntarily
made; or
(c) The individual has provided sufficient information or
identification credentials necessary to confirm the identity of
the individual.
(2) A notarial officer may refuse to perform a notarial act
unless refusal is prohibited by law other than sections 1 to 50
of this 2013 Act. + }
SECTION 8. { + Signature if individual unable to sign. + }
{ + If an individual is physically unable to sign a record, the
individual may direct an individual other than the notarial
officer to sign the individual's name on the record. The notarial
officer shall insert 'Signature affixed by (name of other
individual) at the direction of (name of individual)' or words of
similar import. + }
SECTION 9. { + Notarial act in this state. + } { + (1) A
notarial act may be performed in this state by:
(a) A notary public;
(b) A judge of this state or a clerk of a court of this state;
(c) A county clerk or county employee with recording
responsibilities designated by the county; or
(d) Any other individual authorized by the law of this state to
perform the notarial act.
(2) Notarial acts performed under section 10, 11, 12 or 13 of
this 2013 Act have the same effect as if performed by a notarial
officer of this state.
Enrolled House Bill 2834 (HB 2834-INTRO) Page 4
(3) The signature and title of an individual performing a
notarial act in this state are prima facie evidence that the
signature is genuine and that the individual holds the designated
title.
(4) The signature and title of a notarial officer described in
subsection (1) of this section conclusively establish the
authority of the officer to perform the notarial act. + }
SECTION 10. { + Notarial act in another state. (1) A notarial
act performed in another state has the same effect under the law
of this state as if performed by a notarial officer of this
state, if the act performed in the other state is performed by:
(a) A notary public of the other state;
(b) A judge of the other state or a clerk of a court of the
other state; or
(c) Any other individual authorized by the law of the other
state to perform the notarial act.
(2) The signature and title of an individual performing a
notarial act in another state are prima facie evidence that the
signature is genuine and that the individual holds the designated
title.
(3) The signature and title of a notarial officer described in
subsection (1) of this section conclusively establish the
authority of the officer to perform the notarial act. + }
SECTION 11. { + Notarial act under authority of federally
recognized Indian tribe. (1) A notarial act performed under the
authority of and in the jurisdiction of a federally recognized
Indian tribe has the same effect as if performed by a notarial
officer of this state, if the act performed in the jurisdiction
of the tribe is performed by:
(a) A notarial officer of the tribe;
(b) A judge of the tribe or a clerk of a court of the tribe; or
(c) Any other individual authorized by the law of the tribe to
perform the notarial act.
(2) The signature and title of an individual performing a
notarial act under the authority of and in the jurisdiction of a
federally recognized Indian tribe are prima facie evidence that
the signature is genuine and that the individual holds the
designated title.
(3) The signature and title of a notarial officer described in
subsection (1) of this section conclusively establish the
authority of the officer to perform the notarial act. + }
SECTION 12. { + Notarial act under federal authority. + }
{ + (1) A notarial act performed under federal law has the same
effect under the law of this state as if performed by a notarial
officer of this state, if the act performed under federal law is
performed by:
(a) A judge or a clerk of a court;
(b) An individual in military service, or performing duties
under the authority of the military service, who is authorized to
perform notarial acts under federal law;
(c) An individual designated a notarizing officer by the United
States Department of State for performing notarial acts overseas;
or
(d) Any other individual authorized by federal law to perform
the notarial act.
(2) The signature and title of an individual performing a
notarial act under federal authority are prima facie evidence
that the signature is genuine and that the individual holds the
designated title.
Enrolled House Bill 2834 (HB 2834-INTRO) Page 5
(3) The signature and title of an individual described in
subsection (1) of this section conclusively establish the
authority of the individual to perform the notarial act. + }
SECTION 13. { + Foreign notarial act. (1) As used in this
section, 'foreign state' means a government other than the United
States, a state or a federally recognized Indian tribe.
(2) If a notarial act is performed under the authority of and
in the jurisdiction of a foreign state or a constituent unit of
the foreign state or is performed under the authority of a
multinational or international governmental organization, the act
has the same effect under the law of this state as if performed
by a notarial officer of this state.
(3) If the title of office and indication of authority to
perform notarial acts in a foreign state appears in a digest of
foreign law or in a list customarily used as a source for that
information, the authority of an officer with that title to
perform notarial acts is conclusively established.
(4) The signature and official stamp of an individual holding
an office described in subsection (3) of this section are prima
facie evidence that the signature is genuine and the individual
holds the designated title.
(5) An apostille in the form prescribed by the Hague Convention
of October 5, 1961, and issued by a foreign state party to the
convention conclusively establishes that the signature of the
notarial officer is genuine and that the officer holds the
indicated office.
(6) A consular authentication issued by an individual
designated by the United States Department of State as a
notarizing officer for performing notarial acts overseas and
attached to the record with respect to which the notarial act is
performed conclusively establishes that the signature of the
notarial officer is genuine and that the officer holds the
indicated office. + }
SECTION 14. { + Certificate of notarial act. + } { + (1) A
notarial act must be evidenced by a certificate. The certificate
must:
(a) 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 Secretary of State;
(b) Identify the jurisdiction in which the notarial act is
performed;
(c) Contain the title of office of the notarial officer;
(d) Contain the name of the person for whom the notarial act is
performed; and
(e) If the notarial officer is a notary public, indicate the
date of expiration, if any, of the officer's commission.
(2) The notarial officer may subsequently correct any
information included on or omitted from the certificate.
(3) Except as provided in subsection (8) of this section, if a
notarial act regarding a tangible record is performed by a notary
public, an official stamp must be affixed to the certificate. If
a notarial act regarding a tangible record is performed by a
notarial officer other than a notary public and the certificate
contains the information specified in subsection (1)(a) to (d) of
this section, an official stamp may be affixed to the
certificate. If a notarial act regarding an electronic record is
performed by a notarial officer and the certificate contains the
information specified in subsection (1)(a) to (d) of this
section, an official stamp may be attached to or logically
associated with the certificate.
Enrolled House Bill 2834 (HB 2834-INTRO) Page 6
(4) A certificate of a notarial act is sufficient if it meets
the requirements of subsections (1) to (3) of this section and:
(a) Is in a short form set forth in section 15 of this 2013
Act;
(b) Is in a form otherwise permitted by the law of this state;
(c) Is in a form permitted by the law applicable in the
jurisdiction in which the notarial act was performed; or
(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 sections 4, 5 and 6 of this 2013 Act or law of
this state other than sections 1 to 50 of this 2013 Act.
(5) 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 sections 3,
4, 5 and 6 of this 2013 Act.
(6) A notarial officer may not affix or attach the officer's
signature to, or logically associate it with, a certificate until
the notarial act has been performed.
(7) If a notarial act is performed regarding a tangible record,
a certificate of a notarial act must be part of or securely
affixed to the record. If a notarial act is performed regarding
an electronic record, the certificate must be attached to or
logically associated with the electronic record. If the Secretary
of State by rule has established standards pursuant to section 26
of this 2013 Act for affixing, attaching or logically associating
the certificate, the process must conform to the standards.
(8) The imprint of the official stamp of a notary public is not
required to effectuate a notarization of a subdivision or
partition plat required under ORS 92.010 to 92.192 or a
condominium plat required under ORS 100.115, or any replat,
supplement or amendment thereto, if the following appear below
the notary public's signature:
(a) The printed name of the notary public;
(b) The words 'NOTARY PUBLIC - OREGON';
(c) The words 'COMMISSION NO.' immediately followed by the
notary public's commission number; and
(d) The words 'MY COMMISSION EXPIRES' immediately followed by
the date the notary public's commission expires, expressed in
terms of the month, by name not abbreviated, two-digit date and
four-digit year. + }
SECTION 15. { + Short form certificates. + } { + The
following short form certificates of notarial acts are sufficient
for the purposes indicated, if completed with the information
required by section 14 (1) to (3) of this 2013 Act: + }
________________________________________________________________
{ + (1) For an acknowledgment in an individual capacity:
State of ______
County of ______ + }
{ + This record was acknowledged before me on (date) _____ by
(name(s) of individual(s)) ______.
Signature of notarial officer: ________
Stamp (if required):
Title of office: ________
My commission expires: ______ + }
{ + (2) For an acknowledgment in a representative capacity:
State of ______
County of ______ + }
Enrolled House Bill 2834 (HB 2834-INTRO) Page 7
{ + 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) ________.
Signature of notarial officer: ________
Stamp (if required):
Title of office: ________
My commission expires: ______ + }
{ + (3) For a verification on oath or affirmation:
State of ______
County of ______ + }
{ + Signed and sworn to (or affirmed) before me on (date)
_____ by (name(s) of individual(s)) making statement ______.
Signature of notarial officer:
Stamp (if required):
Title of office: ________
My commission expires: ______ + }
{ + (4) For witnessing or attesting a signature:
State of ______
County of ______
Signed (or attested) before me on (date) _____ by (name(s) of
individual(s)) ______.
Signature of notarial officer: ________
Stamp (if required):
Title of office: ________
My commission expires: ______ + }
{ + (5) For certifying or attesting a copy of a record:
State of ______
County of ______
I certify (or attest) that this is a true and correct copy of a
record in the possession of ________.
Dated _____
Signature of notarial officer: ________
Stamp (if required):
Title of office: ________
My commission expires: ______ + }
________________________________________________________________
SECTION 16. { + Official stamp. + } { + The official stamp
of a notary public must:
(1) Include the notary public's name, jurisdiction, commission
expiration date and other information required by the Secretary
of State by rule; and
(2) Be a legible imprint capable of being copied together with
the record to which it is affixed or attached or with which it is
logically associated. + }
SECTION 17. { + Stamping device. (1) A notary public is
responsible for the security of the notary public's stamping
device and may not allow another individual to use the device in
performing a notarial act.
(2) On resignation from, or the revocation or expiration of,
the notary public's commission, or on the expiration date set
forth in the notary public's official stamp, the notary public
shall disable the notary public's stamping device by destroying,
defacing, damaging, erasing or securing the device against use.
Enrolled House Bill 2834 (HB 2834-INTRO) Page 8
(3) On the death or adjudication of incompetency of a notary
public, the notary public's personal representative, guardian,
conservator or trustee or any other person knowingly in
possession of the notary public's stamping device shall render
the device unusable by destroying, defacing, damaging, erasing or
securing the device against use.
(4) If a notary public's stamping device is lost or stolen, the
notary public or the notary public's personal representative,
guardian, conservator or trustee shall notify promptly the
Secretary of State on discovering that the device is lost or
stolen. + }
SECTION 18. { + Journal. + } { + (1) Except as provided in
subsection (11) of this section, a notary public shall maintain
one or more journals in which the notary public chronicles all
notarial acts that the notary public performs. The notary public
shall retain the journal for 10 years after the performance of
the last notarial act chronicled in the journal.
(2) A journal may be created on a tangible medium or in an
electronic format to chronicle all notarial acts, regardless of
whether those notarial acts are performed for tangible or
electronic records. If the journal is maintained on a tangible
medium, it must be a permanent, bound register with numbered
pages. If the journal is maintained in an electronic format, it
must be in a permanent, tamper-evident electronic format
complying with the rules of the Secretary of State.
(3) An entry in a journal must be made contemporaneously with
performance of each notarial act and must contain the following
information:
(a) The date and time of the notarial act;
(b) A description of the record, if any, and type of notarial
act;
(c) The full name and contact address of each individual for
whom the notarial act is performed;
(d) If identity of the individual is based on personal
knowledge, a statement to that effect;
(e) If identity of the individual is based on satisfactory
evidence, a brief description of the method of identification and
the identification credential presented, if any, including the
date of expiration of any identification credential;
(f) The signature of each individual for whom the notarial act
is performed; and
(g) The fee, if any, charged by the notary public.
(4)(a) If a notary public performs notarial acts involving
duplicate originals of a single statement or document for the
same individual on the same date, the notary public may, in lieu
of recording individually in the journal the information required
by subsection (3) of this section for each duplicate original,
record a single entry in the journal for all notarial acts
involving the statement or document. The entry shall set forth
all the information required by subsection (3) of this section
and the total number of duplicates of the statement or document
notarized.
(b) If a notary public performs notarial acts involving
different statements or documents for the same individual on the
same date, the notary public may, in lieu of recording
individually in the journal the information required by
subsection (3) of this section for each statement or document,
record a single entry in the journal for all notarial acts
involving the statements or documents. The entry shall set forth
the number of statements or documents and the information
Enrolled House Bill 2834 (HB 2834-INTRO) Page 9
required by subsection (3)(c) to (g) of this section and for each
statement or document the information required by subsection
(3)(a) and (b) of this section. If there are duplicate originals
of any statement or document, the entry shall set forth the total
number of duplicates of the statement or document notarized.
(c) If a notary public performs notarial acts involving more
than one statement, signature or document for the same individual
but not on the same date, the notary public may, in lieu of
recording individually in the journal the information required by
subsection (3)(c) to (e) of this section for each notarial act
performed for that individual, record a reference to a prior
entry in the notarial journal for that person. The reference
shall identify the page and line numbers of the prior entry. The
prior entry shall set forth the information required by
subsection (3)(c) to (e) of this section.
(5) If a notary public's journal is lost or stolen, the notary
public shall notify promptly the Secretary of State on
discovering that the journal is lost or stolen.
(6) On expiration of, resignation from, or suspension of, a
notary public's commission, the notary public shall retain the
notary public's journal in accordance with subsection (1) of this
section.
(7) On revocation of a notary public's commission, the notary
public shall transmit the journal to the Secretary of State not
later than 30 days after the date of revocation.
(8) On the death or adjudication of incompetency of a current
or former notary public, the notary public's personal
representative, guardian, conservator or trustee or any other
person knowingly in possession of the notary public's journal
shall transmit the journal to the Secretary of State.
(9) A journal in the possession of a notary public who is not a
public official or public employee is exempt from disclosure
under ORS 192.410 to 192.505. A journal in the possession of the
Secretary of State, or in the possession of a notary public who
is a public official or public employee, is not exempt from
disclosure under ORS 192.410 to 192.505 unless the secretary or
other custodian determines that the public interest in disclosure
is outweighed by the interests of the parties to a notarial act
in keeping the journal record of the notarial act confidential. A
determination by the secretary or other custodian under this
subsection is subject to review under ORS 192.410 to 192.505.
(10) A notary public who is an employee may enter into an
agreement with the employer under which the journal or journals
of the notary public are retained by the employer upon
termination of employment.
(11) A notary public may, but is not required to, record in a
journal any information about the following notarial acts
performed by, or documents notarized by, the notary public:
(a) Recording a protest of commercial paper required under
section 34 of this 2013 Act;
(b) Administering an oath or affirmation;
(c) Certifying or attesting a copy of a document;
(d) Taking an affidavit;
(e) Verifying a billing statement for media advertising; and
(f) Taking a verification upon oath or affirmation. + }
SECTION 19. { + Notification regarding performance of
notarial act with respect to electronic records; selection of
technology. (1) A notary public may select one or more
tamper-evident technologies to perform notarial acts with respect
to electronic records. A person may not require a notary public
Enrolled House Bill 2834 (HB 2834-INTRO) Page 10
to perform a notarial act with respect to an electronic record
with a technology that the notary public has not selected.
(2) Before a notary public performs the notary public's initial
notarial act with respect to an electronic record, a notary
public shall notify the Secretary of State that the notary public
will be performing notarial acts with respect to electronic
records and identify the technology the notary public intends to
use. If the Secretary of State, by rule, has established
standards pursuant to section 26 of this 2013 Act for approval of
technology, the technology must conform to the standards. If the
technology conforms to the standards, the Secretary of State
shall approve the use of the technology. + }
SECTION 20. { + Commission as notary public; qualifications;
no immunity or benefit. (1) An individual qualified under
subsection (2) of this section may apply to the Secretary of
State for a commission as a notary public. The applicant shall
comply with and provide the information required under rules
adopted by the secretary and pay the application fee described in
section 28 of this 2013 Act.
(2) An applicant for a commission as a notary public must:
(a) Be at least 18 years of age;
(b) Be a resident of this state or have a place of employment
or practice in this state;
(c) Be able to read and write English;
(d) Not have been convicted of a felony or any crime involving
fraud, dishonesty or deceit during the 10-year period preceding
the date of application;
(e) Not have had a commission as a notary public revoked during
the 10-year period preceding the date of application;
(f) Not be disqualified under section 22 of this 2013 Act to
receive a commission;
(g) Complete the course of study described in section 21 of
this 2013 Act; and
(h) Have passed the examination required under section 21 of
this 2013 Act.
(3) Before the Secretary of State may issue a commission as a
notary public, the applicant shall execute an oath of office and
submit it to the secretary.
(4) Upon the applicant's compliance with this section, the
Secretary of State shall issue a commission as a notary public to
the applicant for a term of four years.
(5) A commission as a notary public authorizes the notary
public to perform notarial acts. The commission does not provide
the notary public any immunity or benefit conferred by law of
this state on public officials or employees of this state.
(6) Each notary public may file with the Secretary of State a
statement waiving the fees specified under section 42 of this
2013 Act. If a notary public files the statement waiving the
fees, the office of that notary public is not considered a
lucrative office.
(7) The functions of a notary public are not considered
official duties under Article III, section 1, of the Oregon
Constitution.
(8) A commission as a notary public is not considered a
commission under Article V, section 18, of the Oregon
Constitution. + }
SECTION 21. { + Examination of notary public. (1) An
applicant for a commission as a notary public must pass an
examination administered by the Secretary of State or an entity
Enrolled House Bill 2834 (HB 2834-INTRO) Page 11
approved by the secretary. The examination must be based on the
course of study described in subsection (3) of this section.
(2) Before taking the examination required under subsection (1)
of this section, an applicant for a commission as a notary public
who does not hold a commission in this state must complete a
course of study offered by the Secretary of State or an entity
approved by the secretary.
(3) The Secretary of State or an entity approved by the
secretary shall offer regularly a course of study to applicants
who do not hold commissions as notaries public in this state. The
course must cover the laws, rules, procedures and ethics relevant
to notarial acts. + }
SECTION 22. { + Grounds to deny, revoke, suspend or condition
commission of notary public. (1) The Secretary of State may deny,
revoke, suspend or impose a condition on a commission as a notary
public for:
(a) Failure of the applicant or notary public to comply with
any provision of sections 1 to 50 of this 2013 Act, any rule
adopted by the Secretary of State under sections 1 to 50 of this
2013 Act or any other state or federal law relating to any duty
required of a notary public;
(b) A fraudulent, dishonest or deceitful misstatement or
omission in the application for a commission as a notary public
submitted to the secretary;
(c) A conviction of the applicant or notary public for any
felony or for a crime involving fraud, dishonesty or deceit;
(d) A finding against, or admission of liability by, the
applicant or notary public in any legal proceeding or
disciplinary action based on the applicant's or notary public's
fraud, dishonesty or deceit;
(e) Use of false or misleading advertising or representation by
the notary public representing that the notary public has powers,
qualifications, rights or privileges that the notary public does
not have, including the power to counsel on immigration matters;
(f) Denial, revocation, suspension or conditioning of a
commission as a notary public in another state; or
(g) Execution of any certificate as a notary public containing
a statement known to the notary public to be false.
(2) If the Secretary of State denies, revokes, suspends or
imposes a condition on a commission as a notary public,
opportunity for hearing shall be accorded as provided in ORS
chapter 183 for a contested case.
(3) The authority of the Secretary of State to deny, revoke,
suspend or impose a condition on a commission as a notary public
does not prevent a person from seeking and obtaining other
criminal or civil remedies provided by law. + }
SECTION 23. { + Database of notaries public. + } { + The
Secretary of State shall maintain an electronic database of
notaries public:
(1) Through which a person may verify the authority of a notary
public to perform notarial acts; and
(2) That indicates whether a notary public has notified the
secretary that the notary public will be performing notarial acts
with respect to electronic records. + }
SECTION 24. { + Prohibited acts. (1) A commission as a notary
public does not authorize an individual to:
(a) Assist persons in drafting legal records, give advice on
legal matters or otherwise practice law;
(b) Act as an immigration consultant as defined in ORS 9.280 or
an expert on immigration matters;
Enrolled House Bill 2834 (HB 2834-INTRO) Page 12
(c) Represent an individual in a judicial or administrative
proceeding relating to immigration to the United States, United
States citizenship or related matters; or
(d) Receive compensation for performing any of the activities
listed in this subsection.
(2) A notary public may not engage in false or deceptive
advertising.
(3) A notary public, other than an attorney licensed to
practice law, may not use the term 'notario' or 'notario publico.
'
(4)(a) A notary public, other than an attorney licensed to
practice law, may not advertise or represent that the notary
public may assist persons in drafting legal records, give advice
on legal matters or otherwise practice law.
(b) If a notary public who is not an attorney licensed to
practice law advertises or represents that the notary public
offers notarial services, whether orally or in a record,
including broadcast media, print media and the Internet, the
notary public shall include in the advertisement or
representation, the following:
(A) A statement, or an alternate statement authorized or
required by the Secretary of State, prominently and in each
language used in the advertisement or representation: 'I am not
an attorney licensed to practice law. I am not allowed to draft
legal records, give advice on legal matters, including
immigration, or charge a fee for those activities.';
(B) The fees for notarial acts specified under section 42 of
this 2013 Act.
(c) If the advertisement or representation is not in the form
of broadcast media, print media or the Internet and does not
permit inclusion of the statement required by this subsection
because of size, the statement must be displayed prominently or
provided at the place of performance of the notarial act before
the notarial act is performed.
(5) A notary public may not engage in the unauthorized practice
of law.
(6) A notary public may not commit any act involving
dishonesty, fraud or deceit with the intent to substantially
benefit the notary public or another or substantially injure
another.
(7) Except as otherwise allowed by law, a notary public may not
withhold access to or possession of an original record provided
by a person that seeks performance of a notarial act by the
notary public. + }
SECTION 25. { + Validity of notarial acts. (1) Except as
otherwise provided in section 3 (2) of this 2013 Act, the failure
of a notarial officer to perform a duty or meet a requirement
specified in sections 1 to 50 of this 2013 Act does not
invalidate a notarial act performed by the notarial officer.
(2) The validity of a notarial act under sections 1 to 50 of
this 2013 Act does not prevent an aggrieved person from seeking
to invalidate the record or transaction that is the subject of
the notarial act or from seeking other remedies based on the law
of this state other than sections 1 to 50 of this 2013 Act or
federal law.
(3) This section does not validate a purported notarial act
performed by an individual who does not have the authority to
perform notarial acts. + }
SECTION 26. { + Rules. (1) Subject to ORS chapter 183, the
Secretary of State may adopt rules to implement sections 1 to 50
Enrolled House Bill 2834 (HB 2834-INTRO) Page 13
of this 2013 Act. Rules regarding the performance of notarial
acts with respect to electronic records may not require, or
accord greater legal status or effect to, the implementation or
application of a specific technology or technical specification.
(2) The rules may:
(a) Prescribe the manner of performing notarial acts regarding
tangible and electronic records;
(b) Include provisions to ensure that any change to or
tampering with a record bearing a certificate of a notarial act
is self-evident;
(c) Include provisions to ensure integrity in the creation,
transmittal, storage or authentication of electronic records or
electronic signatures;
(d) Prescribe the process of granting, conditioning, denying,
suspending or revoking a commission as a notary public and
ensuring the trustworthiness of an individual holding a
commission as a notary public;
(e) Include provisions to prevent fraud or mistake in the
performance of notarial acts;
(f) Provide for the administration of the examination and the
course of study under section 21 of this 2013 Act; and
(g) Otherwise carry out the purposes of sections 1 to 50 of
this 2013 Act.
(3) In adopting, amending or repealing rules regarding the
performance of notarial acts with respect to electronic records,
the Secretary of State shall consider, so far as is consistent
with sections 1 to 50 of this 2013 Act:
(a) The most recent standards regarding electronic records
promulgated by national bodies, such as the National Association
of Secretaries of State;
(b) Standards, practices and customs of other jurisdictions
that substantially enact the Revised Uniform Law on Notarial
Acts; and
(c) The views of governmental officials and entities and other
interested persons. + }
{ +
APPLICATION FEE, INVESTIGATION + }
SECTION 27. { + ORS 194.020 is repealed and section 28 of this
2013 Act is enacted in lieu thereof. + }
SECTION 28. { + Application fee. (1) To defray costs incurred
by the Secretary of State to process the application made under
section 20 of this 2013 Act, each applicant for a commission as a
notary public shall pay in advance to the secretary a
nonrefundable application fee not to exceed $40.
(2) Any fee received by the Secretary of State under subsection
(1) of this section shall be deposited in the State Treasury and
credited to the Operating Account under ORS 56.041, and is in
lieu of any fee charged under ORS 177.130. + }
SECTION 29. { + ORS 194.024 is repealed and section 30 of this
2013 Act is enacted in lieu thereof. + }
SECTION 30. { + Investigation of applicant; consent. (1) For
purposes described in subsection (2) of this section, upon
consent of the applicant for a commission as a notary public and
upon request of the Secretary of State, the Department of State
Police shall furnish to the secretary any information regarding
the applicant that the department may have in its possession and
any information to which the department may have access,
Enrolled House Bill 2834 (HB 2834-INTRO) Page 14
including but not limited to the Law Enforcement Data System
established in ORS 181.730.
(2) The department shall provide the information described in
subsection (1) of this section to assist in:
(a) Verifying the identity of an applicant for a commission as
a notary public; or
(b) Determining whether the applicant has been convicted of a
felony or of a lesser offense incompatible with the duties of a
notary public.
(3) For purposes of receiving the information described in this
section, the Secretary of State is a criminal justice agency
under ORS 181.010 to 181.560 and 181.715 to 181.730 and the rules
adopted under ORS 181.555.
(4) An individual applying for a commission as a notary public
is considered, upon signing the application filed under section
20 of this 2013 Act, to have given the consent necessary for
purposes of subsection (1) of this section. + }
{ +
COMMERCIAL PAPER + }
SECTION 31. { + ORS 194.070 is repealed and section 32 of this
2013 Act is enacted in lieu thereof. + }
SECTION 32. { + Protest of commercial paper. + } { + (1) A
notary public may protest commercial paper if the notary public
is:
(a) An officer or employee of a financial institution or trust
company;
(b) An officer or employee of an investment company;
(c) An individual serving under the direct supervision of an
officer or employee of a financial institution, trust company or
investment company; or
(d) An active member of the Oregon State Bar, or an individual
serving under the direct supervision of an active member of the
Oregon State Bar.
(2) Each notary public who protests commercial paper shall take
the actions required by ORS 73.0505.
(3) A notary public may not protest commercial paper owned or
held for collection by a financial institution, trust company or
investment company if the notary public is individually a party
to the commercial paper.
(4) As used in this section:
(a) 'Financial institution' has the meaning given that term in
ORS 706.008.
(b) 'Investment company' means an entity that is registered as
an investment company under the federal investment company laws.
(c) 'Trust company' has the meaning given that term in ORS
706.008. + }
SECTION 33. { + ORS 194.090 is repealed and section 34 of this
2013 Act is enacted in lieu thereof. + }
SECTION 34. { + Record of protest; effect as evidence. Each
notary public described in section 32 of this 2013 Act shall keep
a record of all protests of commercial paper made by the notary
public under ORS 73.0505. The record is competent evidence to
prove notice of dishonor for purposes of ORS 73.0505. + }
SECTION 35. { + ORS 194.100 is repealed and section 36 of this
2013 Act is enacted in lieu thereof. + }
SECTION 36. { + Powers of notary public connected with
corporation; limitations. + } { + (1) A notary public who is a
Enrolled House Bill 2834 (HB 2834-INTRO) Page 15
shareholder, director, officer, employee, member or partner of a
business entity may:
(a) Take the acknowledgment of any party to any written
instrument executed to or by the business entity; or
(b) Administer an oath to any other shareholder, director,
officer, employee, member or partner of the business entity or to
any agent of the business entity.
(2) A notary public may not take the acknowledgment of an
instrument executed to or by a business entity of which the
notary public is a shareholder, director, officer, employee,
member or partner, if the notary public is a party to the
instrument, either individually or as a representative of the
business entity.
(3) As used in this section:
(a) 'Business entity' means a financial institution, trust
company, corporation, professional corporation, cooperative,
limited liability company, nonprofit corporation, partnership,
limited liability partnership or limited partnership.
(b) 'Financial institution' has the meaning given that term in
ORS 706.008.
(c) 'Trust company' has the meaning given that term in ORS
706.008. + }
SECTION 37. { + ORS 194.130 is repealed and section 38 of this
2013 Act is enacted in lieu thereof. + }
SECTION 38. { + Disposition of records on vacancy in office;
penalty for failure to properly dispose of records or for
destroying or altering records. (1) Whenever the office of a
notary public becomes vacant, the record referred to in section
34 of this 2013 Act kept by the notary public, together with all
the papers relating to such record, shall be delivered to the
Secretary of State.
(2) A former notary public, or an individual designated
personal representative or administrator for a deceased notary
public, shall deliver the record and papers described in
subsection (1) of this section to the Secretary of State not
later than three months after the date the office becomes vacant
or after the individual is designated personal representative or
administrator.
(3) Violation of subsection (2) of this section is subject to a
fine of not more than $500 for each violation.
(4) If any individual knowingly destroys, defaces, materially
alters or conceals any record or paper of a notary public, the
individual is subject to a fine of not more than $500 and shall
be liable to an action for damages by the party injured. + }
SECTION 39. { + ORS 194.150 is repealed and section 40 of this
2013 Act is enacted in lieu thereof. + }
SECTION 40. { + Recovery and disposition of fines. All fines
imposed under section 38 of this 2013 Act shall be recovered in a
civil action in any court having jurisdiction of the action in
the county where the notary public resides, is employed or is
carrying on business. One-half of the amount of the fine shall be
paid to the person bringing the action and one-half shall be paid
to the State Treasurer to be deposited in the General Fund. + }
{ +
SPECIFIC OREGON PROVISIONS + }
SECTION 41. { + ORS 194.164 is repealed and section 42 of this
2013 Act is enacted in lieu thereof. + }
Enrolled House Bill 2834 (HB 2834-INTRO) Page 16
SECTION 42. { + Fees for notarial acts; rules; collection of
fees. (1) The fee that a notary public may charge for performing
a notarial act may not exceed $10 per notarial act.
(2) A notary public may charge an additional fee for traveling
to perform a notarial act if:
(a) The notary public explains to the person requesting the
notarial act that the fee is in addition to a fee specified in
subsection (1) of this section and is in an amount not determined
by law; and
(b) The person requesting the notarial act agrees in advance
upon the amount of the additional fee.
(3) If a notary public charges fees under this section for
performing notarial acts, the notary public shall display, in
English, a list of the fees the notary public will charge.
(4) A notary public who is employed by a private entity may
enter into an agreement with the entity under which fees
collected by the notary public under this section are collected
by and accrue to the entity.
(5) A public body as defined in ORS 174.109 may collect the
fees described in this section for notarial acts performed in the
course of employment by notaries public who are employed by the
public body. + }
SECTION 43. { + ORS 194.200 is repealed and section 44 of this
2013 Act is enacted in lieu thereof. + }
SECTION 44. { + Action for damages or injunction; attorney
fees and costs; employer's liability. In addition to other
remedies provided by law:
(1) A person injured by a violation of section 24 of this 2013
Act may bring an individual action in an appropriate court to
enjoin the violation and may also recover actual damages or $200,
whichever is greater. The court or the jury, as the case may be,
may award punitive damages and the court may provide such
equitable relief as it deems necessary or proper. In addition to
any other remedies awarded by the court, the prevailing party may
be awarded attorney fees and costs and disbursements, at trial
and on appeal.
(2) If the person has not brought a civil action under
subsection (1) of this section, the Secretary of State or
Attorney General may bring a civil action on behalf of a person
injured by a violation of section 24 of this 2013 Act to enjoin
the violation and may also recover actual damages or $200,
whichever is greater. The court may provide such equitable
relief as it deems necessary or proper. In addition to any other
remedies awarded by the court, the prevailing party may be
awarded attorney fees and costs and disbursements, at trial and
on appeal.
(3) An employer of a notary public is liable to the notary
public for all damages recovered from the notary public as a
result of a violation of any provision of sections 1 to 50 of
this 2013 Act or any rule adopted by the Secretary of State under
sections 1 to 50 of this 2013 Act that was coerced by threat of
the employer, if the threat, such as that of demotion or
dismissal, was made in reference to the particular notarial act
that was the subject of the action.
(4) An action under this section must be commenced within six
years after the cause of action has accrued. + }
SECTION 45. { + ORS 194.330 is repealed and section 46 of this
2013 Act is enacted in lieu thereof. + }
SECTION 46. { + Attorney General to investigate or prosecute
violation; payment of expenses. (1) If the Secretary of State
Enrolled House Bill 2834 (HB 2834-INTRO) Page 17
believes that an alleged violation of any provision of sections 1
to 50 of this 2013 Act is not being investigated or prosecuted,
the secretary may direct the Attorney General to take full charge
of the investigation or prosecution.
(2) If directed under subsection (1) of this section, the
Attorney General shall take full charge of the investigation or
prosecution and the provisions of ORS 180.070, 180.080 and
180.090 shall apply.
(3) Notwithstanding ORS 180.070 (3), expenses associated with
the Attorney General's investigation or prosecution shall be paid
from the Operating Account under ORS 56.041. + }
SECTION 47. { + ORS 194.700 is repealed and section 48 of this
2013 Act is enacted in lieu thereof. + }
SECTION 48. { + Disposition of moneys. All moneys received by
the Secretary of State under sections 1 to 50 of this 2013 Act
shall be paid into the State Treasury and credited to the
Operating Account under ORS 56.041. + }
{ +
APPLICATION OF UNIFORM LAW + }
SECTION 49. { + Uniformity of application and construction.
In applying and construing sections 1 to 50 of this 2013 Act,
consideration must be given to the need to promote uniformity of
the law with respect to the subject matter of sections 1 to 50 of
this 2013 Act among states that enact the Revised Uniform Law on
Notarial Acts. + }
SECTION 50. { + Relation to Electronic Signatures in Global
and National Commerce Act. (1) Except as provided in subsection
(2) of this section, sections 1 to 50 of this 2013 Act modify,
limit and supersede the Electronic Signatures in Global and
National Commerce Act, 15 U.S.C. 7001 et seq.
(2) Sections 1 to 50 of this 2013 Act do not:
(a) Modify, limit or supersede section 101(c) of the Electronic
Signatures in Global and National Commerce Act, 15 U.S.C.
7001(c); or
(b) Authorize electronic delivery of any of the notices
described in section 103(b) of the Electronic Signatures in
Global and National Commerce Act, 15 U.S.C. 7003(b). + }
{ +
PENALTIES + }
SECTION 51. ORS 194.980 is amended to read:
194.980. (1) In addition to any other penalty provided by law,
{ - any notary public who is found to have performed an act of
official misconduct may incur a - } { + the Secretary of State
may impose a civil penalty for each violation of any provision of
sections 1 to 50 of this 2013 Act or any rule adopted by the
secretary under sections 1 to 50 of this 2013 Act. The + }civil
penalty { + shall be + } in the amount adopted under subsection
(2) of this section, plus any costs of service or recording
costs.
(2)(a) The Secretary of State { - shall - } by rule
{ + shall + } establish the amount of civil penalty that may be
imposed for a particular
{ - act of official misconduct - } { + violation + }. A civil
penalty { - shall - } { + may + } not exceed $1,500 per
{ - act of official misconduct - } { + violation + }.
Enrolled House Bill 2834 (HB 2834-INTRO) Page 18
(b) In imposing a penalty authorized by this section, the
secretary { - of State - } may consider the following factors:
(A) The past history of the { - person - }
{ + individual + } incurring a penalty in taking all feasible
steps or procedures necessary or appropriate to correct any
{ - official misconduct - } { + violation + }.
(B) Any prior { - acts of official misconduct - } { +
violations + }.
(C) The gravity and magnitude of the { - official
misconduct - } { + violation + }.
(D) Whether the { - official misconduct - }
{ + violation + } was repeated or continuous.
(E) Whether the cause of the { - official misconduct - }
{ + violation + } was an unavoidable accident, negligence or an
intentional act.
(F) Any relevant rule of the secretary { - of State - } .
(G) The { - notary's - } { + notary public's + }
cooperativeness and efforts to correct the { - act of official
misconduct - } { + violation + }.
(c) The penalty imposed under this section may be paid upon
those terms and conditions as the secretary { - of State - }
determines to be proper and consistent with the public benefit.
Upon request of the notary { + public + } incurring the penalty,
the secretary { - of State - } shall consider evidence of the
economic and financial condition of the notary { + public + } in
determining whether a penalty shall be paid.
(3) Imposition or payment of a civil penalty under this section
{ - shall not be - } { + is not + } a bar to any action
{ - or suit - } described in { - ORS 194.200 - } { + section
44 of this 2013 Act + }, to a criminal proceeding or to a
proceeding under { - ORS 194.168 - } { + section 22 of this
2013 Act + }.
(4) A civil penalty { - shall - } { + may + } not be
imposed under this section until the notary public incurring the
penalty has been given notice in writing from the Secretary of
State specifying the violation. The notice is in addition to the
notice required under ORS 183.745 and shall be served in the same
manner as the notice required under ORS 183.745.
(5)(a) After initial notice as provided in subsection (4) of
this section, a civil penalty may be imposed in the manner
provided in ORS 183.745.
(b) The Secretary of State may delegate to a hearings officer
appointed by the secretary { - of State - } , upon such
conditions as deemed necessary, all or part of the authority to
conduct hearings required under ORS 183.745.
(6) Notwithstanding ORS 180.070 (3), expenses incurred by the
Secretary of State or Attorney General under subsections (1) to
(5) of this section or under { - ORS 194.200 (2) - }
{ + section 44 (2) of this 2013 Act + } shall be paid from the
Operating Account under ORS 56.041.
(7) All civil penalties and costs recovered under this section
shall be paid into the Operating Account under ORS 56.041.
SECTION 52. ORS 194.985 is amended to read:
194.985. In lieu of a civil penalty imposed under ORS 194.980,
the Secretary of State may deliver a written Official Warning to
Cease { - Official Misconduct - } { + Violation + } to any
notary { + public + } whose actions are judged by the secretary
{ - of State - } to be
Enrolled House Bill 2834 (HB 2834-INTRO) Page 19
{ - official misconduct - } { + a violation of any provision
of sections 1 to 50 of this 2013 Act or any rule adopted by the
secretary under sections 1 to 50 of this 2013 Act + }.
SECTION 53. ORS 194.990 is amended to read:
194.990. { - (1) If punishment therefor is not otherwise
provided for: - }
{ + (1) + }(a) A notary { + public + } who knowingly
{ - and repeatedly - } performs or fails to perform any act
prohibited or mandated respectively by { - ORS 194.005 to
194.200 or 194.505 to 194.595 - } { + sections 1 to 50 of this
2013 Act + }, or rules adopted { - thereunder - } { + by the
Secretary of State under sections 1 to 50 of this 2013 Act + },
is guilty of a Class B misdemeanor.
(b) Any { - person - } { + individual + } not a notary
public who knowingly acts as or otherwise impersonates a notary
public is guilty of a Class B misdemeanor.
(c) Any person who knowingly obtains, conceals, defaces or
destroys the official seal, journal or official records of a
notary public is guilty of a Class B misdemeanor.
(d) Any person who knowingly solicits, coerces or in any way
influences a notary public to commit { - official
misconduct - } { + a violation of any provision of sections 1
to 50 of this 2013 Act, or any rule adopted by the secretary
under sections 1 to 50 of this 2013 Act, + } is guilty of a Class
B misdemeanor.
(2) The { - remedies of - } { + penalties described in + }
subsection (1) of this section { - supplement - } { + are in
addition to + } other remedies provided by law.
(3) The clerk of the court in which a conviction under any
provision of subsection (1) of this section is had shall
{ - forthwith - } transmit to the Secretary of State a duly
certified copy of the judgment, which is sufficient grounds for
revocation of the commission of the convicted notary public.
{ +
CONFORMING AMENDMENTS + }
SECTION 54. ORS 73.0505 is amended to read:
73.0505. (1) The following are admissible as evidence and
create a presumption of dishonor and of any notice of dishonor
stated:
(a) A document regular in form as provided in subsection (2) of
this section which purports to be a protest;
(b) A purported stamp or writing of the drawee, payor bank or
presenting bank on or accompanying the instrument stating that
acceptance or payment has been refused unless reasons for the
refusal are stated and the reasons are not consistent with
dishonor; and
(c) A book or record of the drawee, payor bank or collecting
bank, kept in the usual course of business which shows dishonor,
even if there is no evidence of who made the entry.
(2) A protest is a certificate of dishonor made by a United
States consul or vice consul, or a notary public described in
{ - ORS 194.070 - } { + section 32 of this 2013 Act + } or
other person authorized to administer oaths by the law of the
place where dishonor occurs. The protest may be made upon
information satisfactory to that person. The protest must
identify the instrument and certify that either 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
Enrolled House Bill 2834 (HB 2834-INTRO) Page 20
nonpayment. The protest may also certify that notice of dishonor
has been given to some or all parties.
SECTION 55. ORS 132.320 is amended to read:
132.320. (1) Except as provided in subsections (2) to (11) of
this section, in the investigation of a charge for the purpose of
indictment, the grand jury shall receive no other evidence than
such as might be given on the trial of the person charged with
the crime in question.
(2) A report or a copy of a report made by a physicist,
chemist, medical examiner, physician, firearms identification
expert, examiner of questioned documents, fingerprint technician,
or an expert or technician in some comparable scientific or
professional field, concerning the results of an examination,
comparison or test performed by such person in connection with a
case which is the subject of a grand jury proceeding, shall, when
certified by such person as a report made by such person or as a
true copy thereof, be received in evidence in the grand jury
proceeding.
(3) An affidavit of a witness who is unable to appear before
the grand jury shall be received in evidence in the grand jury
proceeding if, upon application by the district attorney, the
presiding judge for the judicial district in which the grand jury
is sitting authorizes { - such - } { + the + } receipt after
good cause has been shown for the witness' inability to appear.
An affidavit taken in another state or territory of the United
States, the District of Columbia or in a foreign country must be
authenticated as provided in { - ORS 194.505 to 194.575 - }
{ + sections 1 to 50 of this 2013 Act + } before it can be used
in this state.
(4) A grand jury that is investigating a charge of criminal
driving while suspended or revoked under ORS 811.182 may receive
in evidence an affidavit of a peace officer with a report or copy
of a report of the peace officer concerning the peace officer's
investigation of the violation of ORS 811.182 by the defendant.
(5) A grand jury may receive testimony of a witness by means of
simultaneous television transmission allowing the grand jury and
district attorney to observe and communicate with the witness and
the witness to observe and communicate with the grand jury and
the district attorney.
(6) A grand jury that is investigating a charge of failure to
appear under ORS 133.076, 153.992, 162.195 or 162.205 may receive
in evidence an affidavit of a court employee certifying that the
defendant failed to appear as required by law and setting forth
facts sufficient to support that conclusion.
(7)(a) Except as otherwise provided in this subsection, a grand
jury may receive in evidence through the testimony of one peace
officer involved in the criminal investigation under grand jury
inquiry information from an official report of another peace
officer involved in the same criminal investigation concerning
the other peace officer's investigation of the matter before the
grand jury. The statement of a person suspected of committing an
offense or inadmissible hearsay of persons other than the peace
officer who compiled the official report may not be presented to
a grand jury under this paragraph.
(b) If the official report contains evidence other than chain
of custody, venue or the name of the person suspected of
committing an offense, the grand jurors must be notified that the
evidence is being submitted by report and that the peace officer
who compiled the report will be made available for testimony at
the request of the grand jury. When a grand jury requests the
Enrolled House Bill 2834 (HB 2834-INTRO) Page 21
testimony of a peace officer under this paragraph, the peace
officer may present sworn testimony by telephone if requiring the
peace officer's presence before the grand jury would constitute
an undue hardship on the peace officer or the agency that employs
or utilizes the peace officer.
(8) A grand jury that is investigating a charge of failure to
report as a sex offender under ORS 181.599 may receive in
evidence certified copies of the form required by ORS 181.603 (2)
and sex offender registration forms and an affidavit of a
representative of the Oregon State Police, as keepers of the
state's sex offender registration records, certifying that the
certified copies of the forms constitute the complete record for
the defendant.
(9) The grand jury is not bound to hear evidence for the
defendant, but it shall weigh all the evidence submitted to it;
and when it believes that other evidence within its reach will
explain away the charge, it should order such evidence to be
produced, and for that purpose may require the district attorney
to issue process for the witnesses.
(10) A grand jury that is investigating a charge of driving
while under the influence of intoxicants in violation of ORS
813.010 may receive in evidence an affidavit of a peace officer
regarding any or all of the following:
(a) Whether the defendant was driving.
(b) Whether the defendant took or refused to take tests under
any provision of ORS chapter 813.
(c) The administration of tests under any provision of ORS
chapter 813 and the results of such tests.
(d) The officer's observations of physical or mental impairment
of the defendant.
(11)(a) A grand jury may receive in evidence an affidavit of a
representative of a financial institution for the purpose of
authenticating records of the financial institution.
(b) As used in this subsection, 'financial institution ' means
a financial institution as defined in ORS 706.008, an entity that
regularly issues, processes or services credit cards or any other
comparable entity that regularly produces financial records.
SECTION 56. ORS 177.065 is amended to read:
177.065. { + (1) + } The Secretary of State { - shall have
the authority to - } { + may + } attest to the authenticity of
the official acts of public officials in the State of Oregon that
are described in ORS 7.130,
{ - 194.525 (1)(b), - } 205.110, 205.140 { - and - }
{ + , + } 205.220 { + and 432.115 and section 9 (1)(b) and (c)
of this 2013 Act + }.
{ + (2) The Secretary of State may not certify a signature of
a notary public on a document:
(a) Regarding allegiance to a government or jurisdiction;
(b) Relating to the relinquishment or renunciation of
citizenship, sovereignty, in itinere status or world service
authority; or
(c) Setting forth or implying for the bearer a claim of
immunity from the law of this state or federal law. + }
SECTION 57. ORS 205.320 is amended to read:
205.320. In every county there shall be charged and collected
in advance by the county clerk, for the benefit of the county,
the following fees, and no more, for the following purposes and
services:
Enrolled House Bill 2834 (HB 2834-INTRO) Page 22
(1) For filing and making entry when required by law of any
instrument required or permitted by law to be filed, when it is
not recorded, $5 for each page.
(2) For filing and making entry of the assignment or
satisfaction of any filed, but not recorded, instrument, $5 for
each page.
(3) For each official certificate, $3.75.
(4)(a) For purposes of this subsection, 'page' means one side
of a sheet 14 inches, or less, long and 8-1/2 inches, or less,
wide.
(b) For recording any instrument required or permitted by law
to be recorded, $5 for each page, but the minimum fee shall not
be less than $5.
(c) For supplying to private parties copies of records or
files, not more than $3.75 for locating a record requested by the
party and 25 cents for each page.
(d) For each official certificate, $3.75.
(5) For taking an affidavit for and making and issuing a
marriage license and registering the return of the license, or
for taking an affidavit for and registering a Declaration of
Domestic Partnership, $25.
(6) For solemnizing a marriage under ORS 106.120, $25. This
subsection does not require that the county clerk charge a fee
for solemnizing a marriage after normal working hours or on
Saturdays or legal holidays. This subsection does not prohibit a
county clerk from charging and accepting a personal payment for
solemnizing a marriage if otherwise authorized by ORS 106.120.
(7) For taking and certifying acknowledgment or proof of
execution of any instrument, the fee established in the schedule
adopted by the Secretary of State under { - ORS 194.164 - }
{ + section 42 of this 2013 Act + }.
(8) For issuing any license required by law, other than a
marriage or liquor license, and for which no fee is otherwise
provided by law, $5.
(9) For any service the clerk may be required or authorized to
perform and for which no fee is provided by law, such fees as may
favorably compare with those established by this section for
similar services and as may be established by order or rule of
the county court or board of county commissioners.
(10) For recording any instrument under ORS 205.130 (2), as
required by ordinance pursuant to ORS 203.148.
(11) In addition to and not in lieu of the fees charged under
subsection (4) of this section, for each additional municipal
assessment lien recorded under ORS 93.643, $5.
(12) In addition to and not in lieu of the fees charged under
subsection (4) of this section, for each additional assignment,
release or satisfaction of any recorded instrument, $5.
(13) In addition to and not in lieu of the fees charged under
subsection (4) of this section, for each additional transaction
described under ORS 205.236, $5.
(14) In addition to and not in lieu of the fees charged under
subsection (4) of this section, for each additional lien recorded
under ORS 311.675, $5.
(15) For preparing and recording the certificate under ORS
517.280, $20 or such other fee that is established by the county
governing body.
(16) In addition to and not in lieu of the fees charged under
subsection (4) of this section, for each additional claim listed
on an affidavit of annual compliance under ORS 517.210, $5.
Enrolled House Bill 2834 (HB 2834-INTRO) Page 23
(17) In addition to and not in lieu of the fees charged under
subsection (4) of this section, for each additional name listed
on a cooperative contract under ORS 62.360 (2) or for recording
the termination of a cooperative contract under ORS 62.360 (4),
$5.
(18) Notwithstanding any other law, five percent of any fee or
tax that is not collected for the benefit of the county clerk
shall be deducted from the fee or tax. The moneys deducted shall
be expended for acquiring storage and retrieval systems, payment
of expenses incurred in collecting the fee or tax and maintaining
and restoring records as authorized by the county clerk. Moneys
collected under this subsection shall be deposited in a county
clerk records fund established by the county governing body. No
moneys shall be deducted under this subsection from:
(a) Fees collected for the Domestic Violence Fund under ORS
106.045.
(b) Fees collected for conciliation services under ORS 107.615.
(c) Real estate transfer taxes enacted prior to January 1,
1998.
(d) Fees collected under ORS 205.323 for the Oregon Land
Information System Fund.
(e) Fees collected under ORS 205.323 (1)(c) for the
housing-related programs listed in ORS 294.187 (2)(b).
{ +
TRANSITION PROVISIONS + }
SECTION 58. { + Notary public commission in effect. (1) A
commission as a notary public in effect on the operative date
specified in section 64 of this 2013 Act continues until the date
of expiration of the commission.
(2) A notary public who applies for a commission as a notary
public on or after the operative date specified in section 64 of
this 2013 Act is subject to and shall comply with this 2013 Act.
(3) A notary public who holds a commission as a notary public
on the operative date specified in section 64 of this 2013 Act,
in performing notarial acts on or after the operative date
specified in section 64 of this 2013 Act, shall comply with this
2013 Act. + }
SECTION 59. { + Savings clause. Nothing in this 2013 Act
affects the validity or effect of a notarial act performed before
the operative date specified in section 64 of this 2013 Act. + }
SECTION 60. { + Sections added. (1) ORS 194.980, 194.985 and
194.990 are added to and made a part of sections 1 to 50 of this
2013 Act.
(2) Sections 1 to 50 of this 2013 Act are added to and made a
part of ORS chapter 194. + }
SECTION 61. { + Repeals. ORS 194.005, 194.010, 194.012,
194.014, 194.022, 194.028, 194.031, 194.040, 194.043, 194.047,
194.052, 194.063, 194.152, 194.154, 194.156, 194.158, 194.162,
194.166, 194.168, 194.335, 194.505, 194.515, 194.525, 194.535,
194.545, 194.555, 194.558, 194.565, 194.575, 194.578, 194.582,
194.585 and 194.595 are repealed. + }
SECTION 62. { + Applicability. This 2013 Act applies to a
notarial act performed on or after the operative date specified
in section 64 of this 2013 Act. + }
SECTION 63. { + Captions. The unit and section captions used
in this 2013 Act are provided only for the convenience of the
reader and do not become part of the statutory law of this state
Enrolled House Bill 2834 (HB 2834-INTRO) Page 24
or express any legislative intent in the enactment of this 2013
Act. + }
SECTION 64. { + Operative date. Sections 1 to 50 of this 2013
Act, the amendments to statutes by sections 51 to 57 of this 2013
Act and the repeal of statutes by section 61 of this 2013 Act
become operative September 1, 2013.
(2) The Secretary of State may take any action prior to the
operative date specified in subsection (1) of this section that
is necessary to allow the secretary to carry out sections 1 to 50
of this 2013 Act, the amendments to statutes by sections 51 to 57
of this 2013 Act and the repeal of statutes by section 61 of this
2013 Act on and after the operative date specified in subsection
(1) of this section. + }
SECTION 65. { + Effective date. This 2013 Act being necessary
for ? the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2013 Act
takes effect on its passage. + }
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Passed by House April 17, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate May 14, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2834 (HB 2834-INTRO) Page 25
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2834 (HB 2834-INTRO) Page 26
