Legislation
State: Oregon
Signed: March 14, 2016
Effective: March 14, 2016
Chapter: 47
SummaryHouse 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.
AffectsAmends ORS 131.125, 131.602, 162.235, 164.015, 164.025, 164.035, 164.075, 194.315, 194.340, and 701.098.
Changes - 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.
- Punishes a violation by a maximum of one year’s imprisonment, $6,250 fine, or both.
- 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).
- 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.
AnalysisHouse 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 House Bill 4128.