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 483
 
                           A-Engrossed
 
                         Senate Bill 135
                Ordered by the Senate February 6
          Including Senate Amendments dated February 6
 
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.
 
  Directs Secretary of State to adopt rules prescribing use of
electronic equivalents of notary seals for electronic documents.
 
                        A BILL FOR AN ACT
Relating to notaries public; amending ORS 194.031 and 194.582.
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.
 
  (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.
  (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.
  (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.
   { +  (8) The provisions of this section do not apply to
notarial acts involving electronic documents. + }
  SECTION 2. ORS 194.582 is amended to read:
  194.582. (1) As used in this section, 'electronic signature'
has the meaning given that term in ORS 84.004.
  (2) Notwithstanding any provision of ORS 194.005 to 194.200 or
194.505 to 194.595:
  (a) A person may use an electronic signature in the manner
prescribed by the Secretary of State by rule whenever the
signature of the person is required on any electronic document
presented for notarization;
  (b) In performing any notarial act involving an electronic
signature of a person described in paragraph (a) of this
subsection, a notarial officer, in the manner prescribed by the
Secretary of State by rule, shall accept the electronic signature
of the person; and
  (c) In addition to the requirements of ORS 194.505 to 194.595,
the notarial certificate of an act signed with an electronic
signature shall be attached electronically by the notarial
officer in the manner prescribed by the Secretary of State by
rule and shall contain the phrase 'signed by electronic
signature' or words to that effect.
  (3) The Secretary of State shall adopt rules necessary to
implement this section { + , including rules prescribing use of
an electronic equivalent of an official seal of a notary public
for electronic documents. Rules adopted by the Secretary of State
under this subsection may apply only to signatures and notarial
acts involving electronic documents + }.
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