1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 556 By: Newhouse |
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6| AS INTRODUCED |
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7| An Act relating to notaries public; amending 49 O.S. |
| 2021, Sections 12 and 113, which relate to grounds to |
8| deny, refuse to renew, or revoke a commission and |
| notarial acts; adding grounds for denial or |
9| revocation of a commission; requiring maintenance of |
| record of certain notarial acts; specifying |
10| information to be included in certain record; |
| creating misdemeanor offense; establishing |
11| punishment; updating statutory references; and |
| providing an effective date. |
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14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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15| SECTION 1. AMENDATORY 49 O.S. 2021, Section 12, is |
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16|amended to read as follows: |
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17| Section 12. A. The Secretary of State may deny, refuse to |
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18|renew, or revoke a commission as a notary public for a: |
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19| 1. Conviction of any felony; |
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20| 2. Failure to meet the qualifications and application |
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21|requirements set forth in Sections 1 and 1.1 of Title 49 of the |
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22|Oklahoma Statutes this title; or |
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23| 3. Failure to comply with the requirements set forth in Section |
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24|2 of Title 49 of the Oklahoma Statutes this title; or |
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1| 4. Failure to comply in good faith with the requirements set |
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2|forth in Section 113 of this title. |
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3| B. Upon receipt of a final judgment from a district court in |
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4|this state or its equivalent in a foreign jurisdiction against a |
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5|notary public in this state for performing a false or fraudulent |
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6|notarial act, the Secretary of State shall revoke the appointment of |
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7|the notary public. |
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8| SECTION 2. AMENDATORY 49 O.S. 2021, Section 113, is |
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9|amended to read as follows: |
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10| Section 113. A. In taking an acknowledgment, the notarial |
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11|officer must determine, either from personal knowledge or from |
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12|satisfactory evidence, that the person appearing before the officer |
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13|and making the acknowledgment is the person whose true signature is |
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14|on the instrument. |
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15| B. In taking a verification upon oath or affirmation, the |
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16|notarial officer must determine, either from personal knowledge or |
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17|from satisfactory evidence, that the person appearing before the |
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18|officer and making the verification is the person whose true |
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19|signature is on the statement verified. |
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20| C. In witnessing or attesting a signature the notarial officer |
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21|must determine, either from personal knowledge or from satisfactory |
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22|evidence, that the signature is that of the person appearing before |
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23|the officer and named therein. |
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1| D. In certifying or attesting a copy of a document or other |
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2|item, the notarial officer must determine that the proffered copy is |
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3|a full, true, and accurate transcription or reproduction of that |
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4|which was copied. In the case of official records, only the |
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5|custodian of the official records may issue an official certified |
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6|copy. |
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7| E. In making or noting a protest of a negotiable instrument the |
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8|notarial officer must determine the matters set forth in Section |
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9|3-509 of the Uniform Commercial Code. |
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10| F. A notarial officer has satisfactory evidence that a person |
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11|is the person whose true signature is on a document if that person |
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12|is personally known to the notarial officer, is identified upon the |
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13|oath or affirmation of a credible witness personally known to the |
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14|notarial officer or is identified on the basis of identification |
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15|documents. |
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16| G. A notarial officer shall maintain a written or electronic |
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17|record of each notarial act performed under the provisions of |
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18|subsections A, B, or C of this section. Each record shall include a |
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19|statement of the notarial act performed, the date on which it |
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20|occurred, the name of the person appearing before the notarial |
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21|officer, and a statement of the means by which the notary made the |
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22|required determination of the identity of the person. |
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23| H. A notarial officer who performs a notarial act pursuant to |
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24|this section without first making in good faith the required |
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1|determination of the identity of the person appearing before the |
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2|notary shall be guilty of a misdemeanor and upon conviction be |
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3|subject to a fine not to exceed One Thousand Dollars ($1,000.00), to |
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4|imprisonment in the county jail not to exceed ten (10) days, or both |
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5|such fine and imprisonment. |
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6| SECTION 3. This act shall become effective November 1, 2023. |
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8| 59-1-694 TEK 1/17/2023 7:09:24 PM |
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