1|ENGROSSED SENATE | |BILL NO. 556 By: Haste of the Senate | 2| | | and | 3| | | Sims of the House | 4| | | | 5| | | | 6| An Act relating to notaries public; amending 49 O.S. | | 2021, Sections 12 and 113, which relate to grounds to | 7| deny, refuse to renew, or revoke a commission and | | notarial acts; adding grounds for denial or | 8| revocation of a commission; creating misdemeanor | | offense; establishing punishment; updating statutory | 9| references; and providing an effective date. | | | 10| | | | 11|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 12| SECTION 1. AMENDATORY 49 O.S. 2021, Section 12, is | | | 13|amended to read as follows: | | | 14| Section 12. A. The Secretary of State may deny, refuse to | | | 15|renew, or revoke a commission as a notary public for a: | | | 16| 1. Conviction of any felony; | | | 17| 2. Failure to meet the qualifications and application | | | 18|requirements set forth in Sections 1 and 1.1 ofTitle 49 of the| | | 19|Oklahoma Statutesthis title;or| | | 20| 3. Failure to comply with the requirements set forth in Section | | | 21|2 ofTitle 49 of the Oklahoma Statutesthis title; or | | | 22| 4. Failure to comply in good faith with the requirements set | | | 23|forth in Section 113 of this title. | | | 24| | | | Page 1 ___________________________________________________________________________
1| B. Upon receipt of a final judgment from a district court in |
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2|this state or its equivalent in a foreign jurisdiction against a |
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3|notary public in this state for performing a false or fraudulent |
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4|notarial act, the Secretary of State shall revoke the appointment of |
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5|the notary public. |
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6| SECTION 2. AMENDATORY 49 O.S. 2021, Section 113, is |
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7|amended to read as follows: |
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8| Section 113. A. In taking an acknowledgment, the notarial |
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9|officer must determine, either from personal knowledge or from |
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10|satisfactory evidence, that the person appearing before the officer |
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11|and making the acknowledgment is the person whose true signature is |
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12|on the instrument. |
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13| B. In taking a verification upon oath or affirmation, the |
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14|notarial officer must determine, either from personal knowledge or |
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15|from satisfactory evidence, that the person appearing before the |
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16|officer and making the verification is the person whose true |
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17|signature is on the statement verified. |
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18| C. In witnessing or attesting a signature the notarial officer |
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19|must determine, either from personal knowledge or from satisfactory |
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20|evidence, that the signature is that of the person appearing before |
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21|the officer and named therein. |
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22| D. In certifying or attesting a copy of a document or other |
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23|item, the notarial officer must determine that the proffered copy is |
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24|a full, true, and accurate transcription or reproduction of that |
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1|which was copied. In the case of official records, only the |
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2|custodian of the official records may issue an official certified |
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3|copy. |
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4| E. In making or noting a protest of a negotiable instrument the |
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5|notarial officer must determine the matters set forth in Section |
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6|3-509 of the Uniform Commercial Code. |
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7| F. A notarial officer has satisfactory evidence that a person |
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8|is the person whose true signature is on a document if that person |
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9|is personally known to the notarial officer, is identified upon the |
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10|oath or affirmation of a credible witness personally known to the |
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11|notarial officer or is identified on the basis of identification |
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12|documents. |
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13| G. A notarial officer who performs a notarial act pursuant to |
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14|this section without first making in good faith the required |
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15|determination of the identity of the person appearing before the |
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16|notary shall be guilty of a misdemeanor and upon conviction be |
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17|subject to a fine not to exceed One Thousand Dollars ($1,000.00), to |
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18|imprisonment in the county jail not to exceed ten (10) days, or both |
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19|such fine and imprisonment. |
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20| SECTION 3. This act shall become effective November 1, 2023. |
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21| Passed the Senate the 7th day of March, 2023. |
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| Presiding Officer of the Senate |
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1| Passed the House of Representatives the ____ day of __________, |
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2|2023. |
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| Presiding Officer of the House |
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