72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 482-1
Senate Bill 134
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Secretary of State Bill
Bradbury)
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.
Requires applicants for notary public appointment to take
three-hour notary public education course. Increases application
fee for notary public appointment. Directs Secretary of State to
certify providers of notary public education courses.
A BILL FOR AN ACT
Relating to notaries public; creating new provisions; and
amending ORS 194.020, 194.022 and 194.063.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 194.022 is amended to read:
194.022. Every person appointed and commissioned as a notary
public { - shall - } { + must + }:
(1) Be at the time of appointment 18 years of age or older.
(2) Be at the time of appointment a resident of this state, or
be a resident of an adjacent state and be regularly employed or
carry on a trade or business within this state.
(3) At the time of appointment, be able to read and write the
English language.
(4) Be of good moral character.
(5) Not have had a notary commission revoked for official
misconduct during the five-year period preceding the date of
application.
(6) Not have been convicted of a felony, or of a lesser offense
incompatible with the duties of a notary public, during the
10-year period preceding the date of application.
(7) Have satisfactorily completed a written examination
prescribed by the Secretary of State to determine the fitness of
the person to exercise the functions of the office of notary
public. The written examination shall be included as part of the
application form { - and the examination shall allow questions
to be answered on an open-book basis. Answers to the questions
shall be discernible from a review of the application materials
furnished to the applicant - } . { + The Secretary of State
shall furnish study materials relating to the written examination
without charge upon request of the applicant.
(8) Have satisfactorily completed a three-hour notary public
education course that includes, but is not limited to,
instruction on the law, rules, practice and procedure relating to
notaries public. + }
SECTION 2. ORS 194.020 is amended to read:
194.020. (1) { - To defray costs incurred by the Secretary of
State to process the application made under ORS 194.014, - }
Each applicant for appointment as a notary public shall pay in
advance to the Secretary of State a nonrefundable application fee
{ - not to exceed - } { + of + } { - $20 - } { + $25 + }.
(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 3. ORS 194.063 is amended to read:
194.063. (1) { - No - } { + A + } person may { + not + }
be automatically reappointed as a notary public.
(2) Prior to expiration of a commission, a notary public may
apply for a new commission in the manner provided by ORS 194.005
to 194.200 { - , and subject to the qualifications prescribed
therein - } . { + The person is subject to the qualifications
described in ORS 194.022 except that the person need not take the
notary public education course under ORS 194.022 (8). + }
(3) A person shall resign a notarial commission by mailing or
delivering a letter of resignation indicating the effective date
of the resignation to the Secretary of State, if:
(a) The person no longer desires to be commissioned as a notary
public;
(b) The person ceases to reside in Oregon, or if the person is
a nonresident notary, ceases to be regularly employed or to carry
on a trade or business within Oregon; or
(c) The person becomes unable to read or write.
SECTION 4. { + Section 5 of this 2003 Act is added to and made
a part of ORS 194.005 to 194.200. + }
SECTION 5. { + (1) The Secretary of State shall offer one or
more notary public education courses per calendar year. The
Secretary of State may certify providers of notary public
education courses if the secretary determines that the provider
offers an education program curriculum similar to the education
program curriculum offered by the Secretary of State.
(2) A person may satisfy the notary public education
requirement under ORS 194.022 by taking a course offered by the
Secretary of State or by a provider of notary public education
courses certified by the Secretary of State.
(3) The Secretary of State shall adopt rules establishing the
requirements for certification as a provider of notary public
education courses. + }
SECTION 6. { + (1) Section 5 of this 2003 Act and the
amendments to ORS 194.022 and 194.063 by sections 1 and 3 of this
2003 Act become operative on July 1, 2004.
(2) The Secretary of State may take any action before the
operative date of section 5 of this 2003 Act and the amendments
to ORS 194.022 and 194.063 by sections 1 and 3 of this 2003 Act
that is necessary to enable the secretary to exercise, on and
after the operative date of section 5 of this 2003 Act and the
amendments to ORS 194.022 and 194.063 by sections 1 and 3 of this
2003 Act, all the duties, functions and powers conferred on the
secretary by section 5 of this 2003 Act and the amendments to ORS
194.022 and 194.063 by sections 1 and 3 of this 2003 Act. + }
SECTION 7. { + (1) Section 5 of this 2003 Act and the
amendments to ORS 194.022 and 194.063 by sections 1 and 3 of this
2003 Act apply to persons seeking an appointment as a notary
public on or after the operative date of section 5 of this 2003
Act and the amendments to ORS 194.022 and 194.063 by sections 1
and 3 of this 2003 Act.
(2) The amendments to ORS 194.020 by section 2 of this 2003 Act
apply to applications for appointment as a notary public made on
or after the effective date of this 2003 Act. + }
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