1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session House Bill 2951 Sponsored by Representative NELSON; Senator FREDERICK (Presession filed.) SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the measure as introduced.The statement includes a measure digest written in compliance with applicable readability standards. Digest: The Act tells the SOS to make an online database of notarial acts. The Act tells notaries to put data about acts into the database. (Flesch Readability Score: 65.5). Directs the Secretary of State to maintain an online database of notarial acts. Requires notaries public to enter information about notarial acts in the database. Becomes operative on January 1, 2027. Takes effect on the 91st day following adjournment sine die. A BILL FOR AN ACT Relating to notarial acts; creating new provisions; amending ORS 194.280 and 194.285; and pre- scribing an effective date. Be It Enacted by the People of the State of Oregon: SECTION 1. Section 2 of this 2025 Act is added to and made a part of ORS chapter 194. SECTION 2.(1) The Secretary of State shall maintain an online database of notarial acts performed by notaries public. (2) A notary public shall enter in the database the following information about each notarial act performed by the notary public: (a) The date and time of the notarial act; (b) The full names of each individual for whom the notarial act was performed; and (c) The title of any document notarized and the number of pages in the document. (3) The database must generate a unique identification number for each notarial act en- tered in the database. The number must contain the commission number of the notary public who performed the notarial act. (4) The database must be accessible by the Secretary of State, clerks of a court of this state and notaries public. (5) The Secretary of State may release information from the database upon request to a person not listed in subsection (4) of this section the earlier of: (a) Thirty days after the person requests the information; or (b) The date on which a notarial act becomes public record by recordation or otherwise. SECTION 3. ORS 194.280 is amended to read: 194.280. (1) A notarial act must be evidenced by a certificate. The certificate must: (a) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the Secretary of State; (b) Identify the jurisdiction in which the notarial act is performed; (c) Contain the title of office of the notarial officer; (d) Contain the name of the person for whom the notarial act is performed; [and] NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted. New sections are in boldfaced type. LC 2841 HB2951 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 (e) If the notarial officer is a notary public, indicate the date of expiration, if any, of the officer’s commission;and (f) Contain the unique identification number for the notarial act generated by the online database of notarial acts created under section 2 of this 2025 Act. (2) The notarial officer may subsequently correct any information included on or omitted from the certificate. (3) Except as provided in subsection (8) of this section, if a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to the certificate. If a notarial act regarding a tangible record is performed by a notarial officer other than a notary public and the certificate contains the information specified in subsection (1)(a) to (d) of this section, an official stamp may be affixed to the certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in subsection (1)(a) to (d) of this section, an official stamp may be attached to or logically associated with the certificate. (4) A certificate of a notarial act is sufficient if it meets the requirements of subsections (1) to (3) of this section and: (a) Is in a short form set forth in ORS 194.285; (b) Is in a form otherwise permitted by the law of this state; (c) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed;or (d) Sets forth the actions of the notarial officer and the actions are sufficient to meet the re- quirements of the notarial act as provided in ORS 194.230, 194.235 and 194.240 or law of this state other than this chapter. (5) By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in ORS 194.225, 194.230, 194.235 and 194.240. (6) A notarial officer may not affix or attach the officer’s signature to, or logically associate it with, a certificate until the notarial act has been performed. (7) If a notarial act is performed regarding a tangible record, a certificate of a notarial act must be part of or securely affixed to the record. If a notarial act is performed regarding an electronic record, the certificate must be attached to or logically associated with the electronic record. If the Secretary of State by rule has established standards pursuant to ORS 194.360 for affixing, attaching or logically associating the certificate, the process must conform to the standards. (8) The imprint of the official stamp of a notary public is not required to effectuate a notarization of a subdivision or partition plat required under ORS 92.010 to 92.192 or a condominium plat required under ORS 100.115, or any replat, supplement or amendment thereto, if the following appear below the notary public’s signature: (a) The printed name of the notary public; (b) The words “NOTARY PUBLIC - OREGON”; (c) The words “COMMISSION NO.” immediately followed by the notary public’s commission number;and (d) The words “MY COMMISSION EXPIRES” immediately followed by the date the notary public’s commission expires, expressed in terms of the month, by name not abbreviated, two-digit date and four-digit year. SECTION 4. ORS 194.285 is amended to read: [2] HB2951 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 194.285. The following short form certificates of notarial acts are sufficient for the purposes in- dicated, if completed with the information required by ORS 194.280 (1) to (3): _______________________________________________________________________________________ (1) For an acknowledgment in an individual capacity: State of County of This record was acknowledged before me on (date) by (name(s) of individual(s)) . Signature of notarial officer: Stamp (if required): Title of office: My commission expires: Notarial Acts Database identification number: (2) For an acknowledgment in a representative capacity: State of County of This record was acknowledged before me on (date) by (name(s) of individual(s)) as (type of authority, such as officer or trustee) of (name of party on behalf of whom record was executed) . Signature of notarial officer: Stamp (if required): Title of office: My commission expires: Notarial Acts Database identification number: (3) For a verification on oath or affirmation: State of County of Signed and sworn to (or affirmed) before me on (date) by (name(s) of individual(s)) making statement . Signature of notarial officer: Stamp (if required): Title of office: My commission expires: Notarial Acts Database identification number: (4) For witnessing or attesting a signature: State of County of Signed (or attested) before me on (date) by (name(s) of individual(s)) [3] HB2951 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 . Signature of notarial officer: Stamp (if required): Title of office: My commission expires: Notarial Acts Database identification number: (5) For certifying or attesting a copy of a record: State of County of I certify (or attest) that this is a true and correct copy of a record in the possession of . Dated Signature of notarial officer: Stamp (if required): Title of office: My commission expires: Notarial Acts Database identification number: _______________________________________________________________________________________ SECTION 5.(1) Section 2 of this 2025 Act and the amendments to ORS 194.280 and 194.285 by sections 3 and 4 of this 2025 Act become operative on January 1, 2027. (2) The Secretary of State may take any action before the date specified in subsection (1) of this section to enable the secretary, on and after the operative date specified in subsection (1) of this section, to exercise all of the duties, functions and powers conferred on the sec- retary by section 2 of this 2025 Act and the amendments to ORS 194.280 and 194.285 by sections 3 and 4 of this 2025 Act. SECTION 6.This 2025 Act takes effect on the 91st day after the date on which the 2025 regular session of the Eighty-third Legislative Assembly adjourns sine die. [4]