Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB1028 Compare Versions

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Version 2 (New)

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3		-	ENGR. S. B. NO. 1028 Page 1 1
	3	+	SENATE FLOOR VERSION - SB1028 SFLR Page 1
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28		-	ENGROSSED SENATE
29		-	BILL NO. 1028 By: Alvord of the Senate
	29	+	SENATE FLOOR VERSION
	30	+	February 11, 2025
	31	+	AS AMENDED
	32	+
	33	+	SENATE BILL NO. 1028 By: Alvord of the Senate
30	34
31	35		and
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33	37		Miller of the House
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	42	+
38	43		An Act relating to notaries public; amending 49 O.S.
39	44		2021, Sections 1 and 2, which relate to appointment
40	45		and oath, signature, bond, and seal; requiring
41	46		certain national criminal history record check;
42		-	increasing certain fees and ~~bond requirements for~~
43		-	~~commission; updating statutory language; and~~
44		-	~~providing an effective date .~~
	47	+	increasing certain fees for commission; and providing
	48	+	an effective date.
	49	+
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48	53		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
49	54		SECTION 1. AMENDATORY 49 O.S. 2021, Section 1, is
50	55		amended to read as follows:
51	56		Section 1. The Secretary of State shall appoint and commission
52	57		in this state notaries public, who shall hold their office for four
53	58		(4) years. An applicant for a notary commission shall be eighteen
54	59		(18) years of age or older, a citizen of the United States, and
55	60		employed within this state or a legal resident of this state. A
56	61		national criminal his tory record check, as defined in Section 150.9
57		-	of Title 74 of the Oklahoma Statutes, shall be condu cted
58		-	electronically of any applicant for a notary commission, including
59		-	any applicant for renewal. The Oklahoma State Bureau of
60		-	Investigation (OSBI) shall electronically obtain fingerprints of the
61		-	applicant and require that the person pay a search fee not to exceed
	62	+	of Title 74 of the Oklahoma Statutes, shall be conducted of any
	63	+	applicant for a notary commission , including any applicant for
	64	+	renewal. The Oklahoma State Bureau of Investigation (OSBI) shall
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63		-	ENGR. S. B. NO. 1028 Page 2 1
	66	+	SENATE FLOOR VERSION - SB1028 SFLR Page 2
	67	+	(Bold face denotes Committee Amendments) 1
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88		-	Fifty Dollars ($50.00) or the cost of the search, whichever is the
89		-	lesser amount. The fees shall be deposited in the OSBI Revolving
90		-	Fund. The Oklahoma State Bureau of Investigation shall provide the
91		-	national criminal history record check to th e Secretary of State
92		-	within fourteen (14) working days from the receipt of the request.
93		-	OSBI may contact the Federal Bureau of Investigation to obtain the
94		-	information requested. A felony conviction shall be grounds for
95		-	removal of a person from the office of notary public and shall
96		-	preclude a person from further applying for or renewing a notary
97		-	commission. All notary commissions shall run in the name and by the
98		-	authority of the State of Oklahoma, be signed by the Secretary of
99		-	State, and sealed with the G reat Seal of the State of Oklahoma.
100		-	Commissions shall not be attested. Any person filing an application
101		-	for a new notary commission shall pay Twenty-five Dollars ($25.00)
102		-	Fifty Dollars ($50.00) to the Secretary of State with the
103		-	application. Any person filing an application for a renewal of a
104		-	notary commission shall pay Twenty Dollars ($20.00) Forty-five
105		-	Dollars ($45.00) to the Secretary of State with the ap plication.
106		-	Any person requiring “same day filing service ” shall pay Twenty-five
107		-	Dollars ($25.00) Fifty Dollars ($50.00) to the Secretary of State in
108		-	addition to the applicable filing fee. These funds shall be
109		-	deposited in the Revolving Fund revolving fund created for the
110		-	Secretary of State pursuant to the provisions of Section 276.1 of
111		-	Title 62 of the Oklahoma Statutes.
	92	+	obtain fingerprints of the applicant and require that the person pay
	93	+	a search fee not to exceed Fifty Dollars ($50.00) or t he cost of the
	94	+	search, whichever is the lesser amount. The fees shall be deposited
	95	+	in the OSBI Revolving Fund. The Oklahoma State Bureau of
	96	+	Investigation shall provide the national criminal history record
	97	+	check to the Secretary of State within fourteen ( 14) working days
	98	+	from the receipt of the request. OSBI may contact the Federal
	99	+	Bureau of Investigation to obtain the information requested. A
	100	+	felony conviction shall be grounds for removal of a person from the
	101	+	office of notary public and shall preclude a person from further
	102	+	applying for or renewing a notary commission . All notary
	103	+	commissions shall run in the name and by the authority of the State
	104	+	of Oklahoma, be signed by the Secretary of State, and sealed with
	105	+	the Great Seal of the State of Oklahoma. C ommissions shall not be
	106	+	attested. Any person filing an application for a new notary
	107	+	commission shall pay Twenty-five Dollars ($25.00) Fifty Dollars
	108	+	($50.00) to the Secretary of State with the application. Any person
	109	+	filing an application for a renewal of a notary commission shall pay
	110	+	Twenty Dollars ($20.00) Forty-five Dollars ($45.00) to the Secretary
	111	+	of State with the application. Any person requir ing “same day
	112	+	filing service” shall pay Twenty-five Dollars ($25.00) Fifty Dollars
	113	+	($50.00) to the Secretary of State in addition to the applicable
	114	+	filing fee. These funds shall be deposited in the Revolving Fund
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113		-	ENGR. S. B. NO. 1028 Page 3 1
	116	+	SENATE FLOOR VERSION - SB1028 SFLR Page 3
	117	+	(Bold face denotes Committee Amendments) 1
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	142	+	created for the Secretary of State pursuant to the provisions of
	143	+	Section 276.1 of Title 62 of the Oklahoma Statutes.
138	144		SECTION 2. AMENDATORY 49 O.S. 2021, Section 2, is
139	145		amended to read as follows:
140	146		Section 2. A. Before entering upon the duties of his or her
141	147		office and not more than sixty (60) days after issuance of a notary
142	148		commission, every notary public so appointed and commi ssioned shall
143	149		file in the office of the Secretary of State, the notary ’s oath of
144	150		office, the notary’s loyalty oath, the notary ’s official signature,
145	151		an impression of the notary ’s official seal, and a good and
146	152		sufficient bond to the State of Oklahoma, in th e sum of One Thousand
147		-	Dollars ($1,000.00) ~~Ten Thousand Dollars ($10,000.00)~~ , to be
148		-	~~approved by the Secret ary of State,~~ conditioned for the faithful
149		-	~~performance of the duties of the~~ notary ’s office.
	153	+	Dollars ($1,000.00), to be approved by the Secretary of State,
	154	+	conditioned for the faithful performance of the duties of the
	155	+	notary’s office.
150	156		B. The bond required by subsection A of this section shall be
151	157		signed by:
152	158		1. An insurance agent licensed by the State of Oklahoma;
153	159		2. An attorney-in-fact on behalf of an insurance company with a
154	160		power of attorney attached; or
155	161		3. One or more individual sureties who are property owners in
156	162		the county of residence of the notary, or if a nonresiden t, the
157	163		county of employment of the notary.
158	164		C. The bond required by subsection A of this section shall be
159	165		issued for a term that commences on the bon d’s effective date and
160		-	terminates on the commission ’s expiration date. Upon the filing of
161		-	his or her bond with the Secretary of State, every notary public
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163		-	ENGR. S. B. NO. 1028 Page 4 1
	167	+	SENATE FLOOR VERSION - SB1028 SFLR Page 4
	168	+	(Bold face denotes Committee Amendments) 1
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	193	+	terminates on the commission ’s expiration date. Upon the filing of
	194	+	his or her bond with the Secretary of State, every notary public
188	195		shall pay to the Secretary of State the sum of Ten Dollars ($10.00)
189	196		Twenty-five Dollars ($25.00) to be deposited to the credit of the
190	197		Revolving Fund for the Office of the Secretary of State.
191	198		D. A notary public shall not perform any notarial act until his
192	199		or her bond, official seal, oath of office and loyalty oath, as
193		-	required by subsection A of this ~~section~~, has ~~have~~ been received and
	200	+	required by subsection A of this sec tion, has been received and
194	201		approved by the Secretary of State.
195		-	SECTION 3. This act shall become effective January 1, 2026.
196		-	Passed the Senate the 27th day of March, 2025.
197		-
198		-
199		-
200		-	Presiding Officer of the Senate
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203		-	Passed the House of Representatives the ____ day of __________,
204		-	2025.
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208		-	Presiding Officer of the House
209		-	of Representatives
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	202	+	SECTION 3. This act shall become effective November 1, 2025.
	203	+	COMMITTEE REPORT BY: COMMITTEE ON RETIREMENT AND GOVERNMENT
	204	+	RESOURCES
	205	+	February 11, 2025 - DO PASS AS AMENDED