OR House Bill 4128 | NNA
Law

OR House Bill 4128

Notary Law Update: OR House Bill 4128

State: Oregon

Summary:

House Bill 4128 expands a criminal offense to include acting as a Notary without a commission or as an immigration consultant with intent to defraud, sets new qualifications for a Notary commission and allows the Secretary of State to take action against the commission of a Notary for certain violations.

Signed:  March 14, 2016

Effective:  March 14, 2016

Chapter: 47

Affects:

Amends ORS 131.125, 131.602, 162.235, 164.015, 164.025, 164.035, 164.075, 194.315, 194.340 and 701.098.

Changes:
  1. Expands the crime of obstructing governmental or judicial administration to include acting as or engaging in the business of Notary Public without a commission or acting in the capacity of an immigration consultant with intent to defraud.
  2. Punishes a violation by a maximum of one year’s imprisonment, $6,250 fine, or both.
  3. Provides that an applicant for a Notary commission must not: (a) have been convicted of (i) acting as or otherwise impersonating a notary public as described in ORS 194.990 (1)(b); (ii) obstructing governmental or judicial administration under ORS 162.235 (1)(b); or (iii) Engaging in the unlawful practice of law as described in ORS 9.160; (b) have been found by a court to have practiced law without a license in a suit under ORS 9.166; or engaged in an unlawful trade practice described in ORS 646.608 (1)(vvv); and (c) have entered into an assurance of voluntary compliance, pursuant to ORS 646.632, based on an alleged violation of ORS 646.608 (1)(vvv).
  4. Authorizes the Secretary of State to deny, revoke, suspend or impose a condition on a commission as a Notary for any of the grounds in #3 above.
Analysis:

House Bill 4128 now makes it a crime of obstructing governmental or judicial administration for acting or engaging in the business of Notary Public without a commission or acting in the capacity of an immigration consultant with intent to defraud. The bill also contains new, tougher requirements for qualifying as a Notary and new grounds for which the Secretary of State may take action against the commission or application of a Notary.

The provisions in the bill that affect the issuance, revoking, suspending, denying and conditioning of Notary commissions take effect immediately; the rest of the bill takes effect January 1, 2017.

Read the bill text.

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