72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
 
                            Enrolled
 
                         House Bill 3351
 
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon
  State Sheriffs Association)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to notaries; amending ORS 194.515.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 194.515 is amended to read:
  194.515. (1) In taking an acknowledgment, the notarial officer
must determine, either from personal knowledge or from
satisfactory evidence, that the person appearing before the
officer and making the acknowledgment is the person whose true
signature is on the instrument.
  (2) In taking a verification upon oath or affirmation, the
notarial officer must determine, either from personal knowledge
or from satisfactory evidence, that the person appearing before
the officer and making the verification is the person whose true
signature is on the statement verified.
  (3) In witnessing or attesting a signature the notarial officer
must determine, either from personal knowledge or from
satisfactory evidence, that the signature is that of the person
appearing before the officer and named therein.
  (4) In certifying or attesting a copy of a document or other
item, the notarial officer must determine that the proffered copy
is a full, true and accurate transcription or reproduction of
that which was copied.
  (5) In making or noting a protest of a negotiable instrument a
notarial officer must determine the matters set forth in ORS
73.0505.
  (6) A notarial officer has satisfactory evidence that a person
is the person whose true signature is on a document if that
person:
  (a) Is personally known to the notarial officer;
  (b) Is identified upon the oath or affirmation of a credible
witness personally known to the notarial officer; or
  (c) Is identified on the basis of identification documents.
  (7) For purposes of this section, 'personally known' means
familiarity with a person resulting from interactions with that
person over a period of time sufficient to eliminate every
reasonable doubt that the person has the identity claimed.
  (8) For purposes of subsection (6)(c) of this section, a
notarial officer has satisfactory evidence upon which to identify
a person if:
  (a) The person produces at least one current document issued by
the federal government or a state, county, municipal or other
 
 
 
Enrolled House Bill 3351 (HB 3351-A)                       Page 1
 
 
 
local government and containing the person's photograph,
signature and physical description;   { - or - }
  (b) The person produces at least two current documents, each
issued by an institution, a business entity, the federal
government or a state, county, municipal or other local
government and each containing the person's signature { + ; or
  (c) The person is confined in a correctional facility and has
been positively identified through examination or comparison of
official government documents or records + }.
  (9) If a notarial officer is also an employee of a financial
institution, as defined in ORS 706.008, and the person to be
identified is a customer of the financial institution, one of the
two current documents required under subsection (8)(b) of this
section may be a signature card signed by the customer and held
by the financial institution in connection with the financial
institution's transactions with the customer.
                         ----------
 
 
Passed by House April 11, 2003
 
Repassed by House June 9, 2003
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate June 5, 2003
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 3351 (HB 3351-A)                       Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2003
 
Approved:
 
......M.,............., 2003
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2003
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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