Bill Text: NJ S1391 | 2014-2015 | Regular Session | Introduced
Bill Title: Requires notaries public to be U.S. citizens and mandates notaries public under certain circumstances to advertise information to public regarding limitations on their scope of authority.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-27 - Introduced in the Senate, Referred to Senate Commerce Committee [S1391 Detail]
Download: New_Jersey-2014-S1391-Introduced.html
Sponsored by:
Senator JOSEPH PENNACCHIO
District 26 (Essex, Morris and Passaic)
SYNOPSIS
Requires notaries public to be U.S. citizens and mandates notaries public under certain circumstances to advertise information to public regarding limitations on their scope of authority.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning notaries public and amending and supplementing P.L.1979, c.460.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1979, c.460 (C.52:7-12) is amended to read as follows:
3. No person shall be appointed or reappointed a notary public unless he is 18 years of age or older and a citizen of the United States.
(cf: P.L.1979, c.460, s.3)
2. (New section) a. A notary public who is not licensed to practice law in this State and who advertises notarial services in a language other than English shall include in any such advertisement, in the same language, and in English, the following notice: "I am not licensed to practice law in the State of New Jersey and I am not permitted to give legal advice on immigration or other legal matters, or accept fees for legal advice."
b. The notice required pursuant to subsection a. of this section by a notary public who advertises in a language other than English shall be posted in a conspicuous place in the notary public's place of business.
3. This act shall take effect on the first day of the fourth month following enactment.
STATEMENT
This bill amends the "Notaries Public Act of 1979" to require that persons appointed or reappointed as notaries public be citizens of the United States. A notary public is appointed by the State Treasurer for a five-year period and appointments can be renewed for subsequent five-year periods.
The bill also provides that a notary public who is not licensed to practice law in this State and who advertises notarial services in a language other than English shall include in any such advertisement, in the same language, and in English, the following notice: "I am not licensed to practice law in the State of New Jersey and I am not permitted to give legal advice on immigration or other legal matters, or accept fees for legal advice." This same notice shall be posted in a conspicuous place in the notary public's place of business.
Under N.J.S.A.2C:21-22, a person who knowingly engages in the unauthorized practice of law is guilty of a crime of the fourth degree. The statute further provides that a person is guilty of a crime of the third degree if he knowingly engages in the unauthorized practice of law and either (1) creates or reinforces a false impression that the person is licensed; (2) derives a benefit; or (3) in fact causes injury to another.
A separate statute, N.J.S.A.2C:21-31, also concerns the unauthorized practice of law. This statute provides that it is a crime of the fourth degree for any immigration consultant to engage in the unauthorized practice of law. The statute also stipulates that it is a crime of the third degree for an immigration consultant to (1) hold himself out to the public as engaging or entitled to engage in the practice of law, rendering legal service or advice, or furnishing attorneys or counsel, in any immigration or naturalization matter; or (2) assume, use or advertise the title of lawyer or attorney at law.
