OR House Bill 2085 | NNA
Law

OR House Bill 2085

Notary Law Update: OR House Bill 2085

State: Oregon

Summary:

House Bill 2085 initiates important new changes in how Oregon Notaries identify document signers. The new law names four types of identification document that constitute satisfactory evidence of identity; clarifies that when one of these four IDs is not presented a Notary may accept a current ID issued by the U.S. federal government or a state, county, municipal or other local government and containing a photograph, signature and physical description; and repeals provisions allowing Notaries to accept two forms of identification and a signature card if the document signer is a customer of a financial institution. HB 2085 also permits Notaries to enter into an agreement to remit fees to a private employer and public bodies to collect fees charged by employees for notarial services.

Signed:  June 18, 2009

Effective:  January 01, 2010

Chapter: 338

Affects:

Amends Sections 194.164, 194.166 and 194.515 of the Oregon Revised Statutes

Changes:
  1. Specifies four types of identification document that a Notary may accept as satisfactory evidence of identity; (a) a current driver’s license or identification card issued by any U.S. state; (b) a U.S. passport or a current officially recognized passport of a foreign country; (c) a current U.S. military identification card; and (d) a current identity card issued by a federally recognized Indian tribe.
  2. Clarifies that if one of the four new specific types of identification documents is not presented by a document signer, a Notary may accept a current identification document issued by the U.S. federal government or a state, county, municipal or other local government and containing the person’s photograph, signature and physical description.
  3. Repeals the prior provision that a document signer may be identified on the basis of satisfactory evidence by producing at least two current documents issued by an institution, a business entity, the federal government or a state, county, municipal or other local government and containing a signature. Repeals the prior provision that a notarial officer who is also an employee of a financial institution may identify a customer of the financial institution using a signature card signed by the customer and held by the financial institution in connection with the financial institution’s transactions with the customer as one of the two forms necessary to identify the signer.
  4. Clarifies that in setting the fees that a Notary may charge by administrative rule, the Secretary of State may not set a fee for a notarial act that exceeds $10. Note: this provision does not raise fees that an Oregon Notary may charge to $10, but specifies that any fee set by rule by the Secretary cannot exceed $10.
  5. Permits a Notary who is employed by a private entity to enter into an agreement with the employer under which fees charged for notarizations are collected by the Notary and accrue to the employer.
  6. Authorizes a public body as defined in ORS 174.109 to collect fees for notarial services performed in the course of employment by Notaries who are employed by the public body.
  7. Makes technical changes. 
Analysis:

House Bill 2085 is a significant new law that affects how every Oregon Notary will identify document signers. Existing law allows a Notary to identify a document signer using a current identification document that is issued by the federal government or a state, county, municipal or other local government and contains a photograph, signature and physical description or two current IDs issued by an institution, a business entity, the federal government or a state, county, municipal or other local government and each containing a signature. The former law also allowed Notaries who were employees of a financial institution to accept a signature card of a customer as one of the two written IDs. The new law specifies four types of ID that may be accepted to identify signers, and repeals the existing provisions allowing for two IDs and signature cards to be presented, and clarifies that when one of these four IDs is not presented a Notary may accept a current ID issued by the U.S. federal government or a state, county, municipal or other local government and containing a photograph, signature and physical description.

HB 2085 also adopts provisions similar to those that have been law in the state of California for quite some time. Notaries are permitted to enter into an agreement with their private employers to remit fees to their employers and public bodies who employ Notaries may collect fees charged by employees for notarial services.

Read the bill text.

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