OR House Bill 2364

Legislation

State: Oregon
Signed: April 17, 2007

Effective: January 01, 2008
Chapter: 63

Summary

HB 2364 makes it clear that the official notarizations of notarial officers commissioned by federally recognized Indian tribes enjoy the same legal status as the acts of Oregon notarial officers, notarial officers of other U.S. states, foreign governments and notarial officers under federal authority.

Affects

Adds a new as yet uncodified section to Oregon Revised Statutes 194.505 et seq.

Changes

Provides that notarial acts performed by notarial officers under authority of federally recognized tribal governments have the same effect as though performed by a notarial officer of the state of Oregon.
Provides that the signature and title of the notarial officer under authority of a federally recognized tribal government on a notarized document is “prima facie evidence” (evidence that is sufficient to raise a presumption of fact or to establish the fact in question unless rebutted) that the officer’s signature is genuine and that the officer holds the title claimed.

Analysis

It may not be widely known that Indian tribal nations on American soil may commission Notaries, just like other U.S. states and jurisdictions. House Bill 2364 is more broadly concerned with ensuring that the laws, official acts, rules and regulations of federally recognized American Indian tribal governments are judicially accepted and that certain records, reports, statements and data compilations of these tribal governments are not hearsay for purposes of the rules of evidence. Thus, Section 4 of HB 2364 makes it crystal clear that the official notarizations of notarial officers commissioned by federally recognized Indian tribes enjoy the same legal status as the acts of Oregon notarial officers, notarial officers of other U.S. states, foreign governments and notarial officers under federal authority, such as judges, commissioned military officers and officers of foreign consulates. Section 4 is added to Oregon’s version of the Uniform Law on Notarial Acts (ORS 194.505 to 194.595) and is worded and formatted similarly to other sections of the Act that recognize the notarizations of non-Oregon notarial officers.

Read House Bill 2364.