Oklahoma 2025 Regular Session

Oklahoma House Bill HB1578 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 1578 Page 1 1
	3	+	HB1578 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 1578 By: Lawson, Roberts, and
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 60th Legislature (2025)
	34	+
	35	+	HOUSE BILL 1578 By: Lawson, Roberts, and
30	36		Wolfley of the House
31	37
32	38		and
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34	40		Hines of the Senate
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	45	+	AS INTRODUCED
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40	47		An Act relating to notaries public; amending 49 O.S.
41	48		2021, Section 113, as amended by Section 2, Chapter
42	49		226, O.S.L. 2024 (49 O.S. Supp. 2024, Section 113),
43	50		which relates to acknowledgment, verification,
44	51		witnessing, and certifying of notarial officer;
45	52		modifying penalty; and providing an effective date.
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52	59		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53		-	SECTION 1. AMENDATORY 49 O.S. 2021, Section 113, as
54		-	amended by Section 2, Chapter 226, O.S.L. 2024 (49 O.S. Supp. 2024,
55		-	Section 113), is amended to read as follows:
56		-	Section 113. A. In taking an acknowledgment, the notarial
57		-	officer must determine, either from pers onal knowledge or from
58		-	satisfactory evidence, that the person appearing before the officer
59		-	and making the acknowledgment is the person whose true signature is
60		-	on the instrument.
61		-	B. In taking a verification upon oath or affirmation, the
62		-	notarial officer must determine, either from personal knowledge or
63		-	from satisfactory evidence, that the person appearing before the
	60	+	SECTION 1. AMENDATORY 49 O.S. 2021, Section 113,
	61	+	as amended by Section 2, Chapter 226, O.S.L. 2024 (49 O.S.
	62	+	Supp. 2024, Section 113), is amended to read as follows:
	63	+	Section 113. A. In taking an acknowledgment, the
	64	+	notarial officer must determine, either from personal
	65	+	knowledge or from satisfactory evidence, that the person
	66	+	appearing before the officer and making the acknowledgment is
	67	+	the person whose true signature is on the instrument.
64	68
65		-	ENGR. H. B. NO. 1578 Page 2 1
	69	+	HB1578 HFLR Page 2
	70	+	BOLD FACE denotes Committee Amendments. 1
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	95	+	B. In taking a verification upon oath or affirmation, the
	96	+	notarial officer must determine, either from personal knowledge or
	97	+	from satisfactory evidence, that the person appearing before the
90	98		officer and making the verification is the person whose true
91	99		signature is on the statement verified.
92	100		C. In witnessing or attesting a signature the notarial officer
93	101		must determine, either from personal knowledge or from satisfactory
94	102		evidence, that the signature is that of the p erson appearing before
95	103		the officer and named therein.
96	104		D. In certifying or attesting a copy of a document or other
97	105		item, the notarial officer must determine that the proffered copy is
98	106		a full, true, and accurate transcription or reproduction of that
99	107		which was copied. In the case of official records, only the
100	108		custodian of the official records may issue an official certified
101	109		copy.
102	110		E. In making or noting a protest of a negotiable instrument the
103	111		notarial officer must determine the matters set forth in Section 3-
104	112		509 of the Uniform Commercial Code.
105	113		F. A notarial officer has satisfactory evidence that a person
106	114		is the person whose true signature is on a document if that person
107	115		is personally known to the notarial officer, is identified upon the
108	116		oath or affirmation of a credible witness personally known to the
109	117		notarial officer or is identified on the basis of identification
110	118		documents.
111		-	G. A notarial officer who performs a notarial act pursuant to
112		-	this section without first making in good faith the required
113		-	determination of the identity of th e person appearing before the
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115		-	ENGR. H. B. NO. 1578 Page 3 1
	120	+	HB1578 HFLR Page 3
	121	+	BOLD FACE denotes Committee Amendments. 1
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	146	+	G. A notarial officer who performs a notarial act pursuant to
	147	+	this section without first making in good faith the required
	148	+	determination of the identity of the person appearing before the
140	149		notary shall be guilty of a misdemeanor felony and upon conviction
141	150		be subject to a fine not to exceed One Thousand Dollars ($1,000.00)
142	151		Five Thousand Dollars ($5,000.00) , to imprisonment in the county
143	152		jail not to exceed ten (10) thirty (30) days, or both such fine and
144	153		imprisonment.
145	154		SECTION 2. This act shall become effective November 1, 2025.
146		-	Passed the House of Representatives the 12th day of March, 2025.
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151		-	Presiding Officer of the House
152		-	of Representatives
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156		-	Passed the Senate the _____ day of __________, 2025.
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161		-	Presiding Officer of the Senate
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	156	+	COMMITTEE REPORT BY: COMMITTEE ON GOVERNMENT OVERSIGHT, dated
	157	+	02/27/2025 – DO PASS.