Chapter 733 Oregon Laws 2005
Relating to notaries public; creating new provisions; and amending ORS 194.022 and 194.063.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 2 of this 2005 Act is added to and made a part of ORS 194.005 to 194.200.
SECTION 2. (1) The Secretary of State:
(a) Shall offer one or more notary public education courses each calendar year.
(b) May certify providers of notary public education courses, including employers of notaries public, to provide the courses required by this subsection if the secretary determines that the provider offers an education program curriculum similar to the education program curriculum offered by the secretary.
(c) Shall adopt rules establishing the requirements for certification as a provider of notary public education courses.
(2) A person may satisfy the notary public education requirement under ORS 194.022 by taking a course offered by the secretary or by a provider of notary public education courses certified by the secretary.
SECTION 3. ORS 194.022 is amended to read:
194.022. [Every] (1) A person appointed and commissioned as a notary public [shall] must:
[(1)] (a) Be [at the time of appointment] 18 years of age or older at the time of appointment.
[(2)] (b) Be [at the time of appointment] a resident of this state at the time of appointment, or be a resident of an adjacent state and be regularly employed or carry on a trade or business within this state at the time of appointment.
[(3)] (c) Be [at the time of appointment, be] able to read and write the English language at the time of appointment.
[(4)] (d) Be of good moral character.
[(5)] (e) Not have had a notary commission revoked for official misconduct during the five-year period preceding the date of application.
[(6)] (f) 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)] (g) 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.]
(h) Have satisfactorily completed a three-hour notary public education course that:
(A) Includes, but is not limited to, instruction on the laws, rules, practices and procedures relating to notaries public; or
(B) If the person is employed, includes, but is not limited to, instruction on the laws, rules, practices and procedures relating to the notary public functions to be performed by a notary public in the course of employment.
(2) The Secretary of State shall:
(a) Make the written examination required by subsection (1) of this section a part of the application form.
(b) Furnish study materials relating to the written examination without charge upon request of the applicant.
SECTION 4. 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.] except that the person is not required to take the notary public education course described in ORS 194.022.
(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 5. (1) Section 2 of this 2005 Act and the amendments to ORS 194.022 and 194.063 by sections 3 and 4 of this 2005 Act become operative on July 1, 2006.
(2) The Secretary of State may take any action before the operative date specified in subsection (1) of this section that is necessary to enable the secretary to exercise, on and after the operative date specified in subsection (1) of this section, the duties, functions and powers conferred on the secretary by section 2 of this 2005 Act and the amendments to ORS 194.022 and 194.063 by sections 3 and 4 of this 2005 Act.
SECTION 6. Section 2 of this 2005 Act and the amendments to ORS 194.022 and 194.063 by sections 3 and 4 of this 2005 Act apply to applications for appointment as a notary public made on or after the operative date of section 2 of this 2005 Act and the amendments to ORS 194.022 and 194.063 by sections 3 and 4 of this 2005 Act.
Approved by the Governor August 17, 2005
Filed in the office of Secretary of State August 17, 2005
Effective date January 1, 2006