REFERENCE TITLE: notaries; unlawful practices; immigration

State of Arizona Senate Fifty-third Legislature First Regular Session 2017

SB 1421

Introduced by Senators Quezada: Mendez; Representative Salman

 

AN ACT

 

amending section 41‑329, Arizona Revised Statutes; relating to notaries public.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 41-329, Arizona Revised Statutes, is amended to read:

START_STATUTE41-329.  Notary public title; foreign language; civil penalty; violation; classification

A.  Every notary public who is not an attorney and who advertises, by any written or verbal means, the services of a notary public in a language other than English, with the exception of a single desk plaque, shall post or otherwise include with the advertisement a notice in English and the other language.  The notice shall be of conspicuous size, if in writing, and shall state:  "I am not an attorney and cannot give legal advice about immigration or any other legal matters."

B.  A notary public who is not an attorney may not render any service for compensation that constitutes the unauthorized practice of immigration and nationality law as defined in section 12‑2701.

B.  C.  In addition to any other penalty, a notary public who violates subsection B of this section shall pay a civil penalty of not more than one thousand dollars and the notary public's commission shall be permanently revoked.  A notary public who violates subsection A of this section is guilty of a class 6 felony and the notary public's commission shall be permanently revoked.

Sec. 2.  Legislative intent

Pursuant to section 12‑2702, Arizona Revised Statutes, and section 41‑329, Arizona Revised Statutes, as amended by this act, it is the legislature's intent to:

1.  Keep the representation of individuals in matters related to immigration and nationality law in the hands of an attorney, a law student, a certified person who is working with an organization that is accredited by the board of immigration appeals and any other person duly authorized by statute to provide representation.

2.  Protect the people of this state from the abuses that accompany the representation of individuals by persons who are not authorized to provide legal analysis or representation.

3.  Ensure that those acting in the capacity of a commissioned notary public do not use their position to unlawfully act as if they are capable of providing legal analysis on or representation in legal matters or immigration and nationality law.

4.  Ensure that the people of this state continue to have access to legal services through the efforts of nonprofit organizations that provide general legal information thereby providing the public with another resource and protection from harm caused by the unlawful practice of law.