71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1474
 
                         Senate Bill 184
 
Sponsored by Senator METSGER (at the request of Professional Land
  Surveyors of Oregon)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Allows notarization of subdivision plats, partition plats and
condominium plats without official seal of notary public.
Specifies information required for notarization.
 
                        A BILL FOR AN ACT
Relating to notaries public; creating new provisions; and
  amending ORS 194.031.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 194.031 is amended to read:
  194.031. (1) The official seal of a notary public shall be a
stamp made of rubber or some other substance capable of making a
legible imprint on paper in black ink. The imprint must legibly
reproduce under photographic methods.
  (2) The Secretary of State shall adopt rules prescribing the
size and form of the imprint of the official seal to promote
uniformity, legibility and permanency.
  (3)  { + Except as provided in subsection (4) of this
section, + } the attempt to notarize an instrument required to be
notarized shall be of no effect unless it bears an imprint of the
official seal of the notary who performed the notarization made
in the manner required under subsections (1) and (2) of this
section.
   { +  (4) The imprint of the official seal of a notary public
shall not be required to effectuate a notarization of a
subdivision or partition plat required under ORS 92.010 to 92.190
or a condominium plat required under ORS 100.115, or any replat,
supplement or amendment thereto, if the following appear below
the notary'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
complete year. + }
    { - (4) - }   { + (5) + } Upon delivery of an official seal
to a notary public, the notary public shall cause an imprint of
the official seal to be filed in the office of the Secretary of
State, together with any other information that is by rule
required. The filing shall be done in the manner and within the
time prescribed by rule.
    { - (5) - }   { + (6) + } Any notary whose official seal is
lost, misplaced, destroyed, broken, damaged or that is otherwise
unworkable shall immediately mail or deliver written notice of
that fact to the Secretary of State. The Secretary of State shall
issue a Certificate of Authorization which the notary public may
use to obtain a replacement seal.
    { - (6) - }   { + (7) + } A seal embosser may be used as an
adjunct to the official seal. The use of the seal embosser shall
be in compliance with any rules adopted by the Secretary of
State.
  SECTION 2.  { + The amendments to ORS 194.031 by section 1 of
this 2001 Act apply to notarizations occurring on or after the
effective date of this 2001 Act. + }
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