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Senate Bill S5672

Signed By Governor

2011-2012 Legislative Session

Relates to advertising in a language other than English by notaries public

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Sponsored By

Archive: Last Bill Status - Signed by Governor

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Bill Amendments

2011-S5672 - Details

Law Section:
Executive Law
Laws Affected:
Add §135-b, Exec L

2011-S5672 - Summary

Requires non-attorney notaries public advertising services in a language other than English to prominently display a statement in other languages that they are not authorized to practice law and have no authority to give advice on immigration law or other legal matters.

2011-S5672 - Sponsor Memo

2011-S5672 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5672

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 9, 2011
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN  ACT  to  amend  the  executive  law, in relation to advertising in a
  language other than English by notaries public

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The executive law is amended by adding a new section 135-b
to read as follows:
  S 135-B. ADVERTISING BY NOTARIES PUBLIC. 1.  THE  PROVISIONS  OF  THIS
SECTION SHALL NOT APPLY TO ATTORNEYS-AT-LAW, ADMITTED TO PRACTICE IN THE
STATE OF NEW YORK.
  2.  A  NOTARY  PUBLIC  WHO  ADVERTISES HIS OR HER SERVICES AS A NOTARY
PUBLIC IN A LANGUAGE OTHER THAN ENGLISH SHALL POST WITH SUCH  ADVERTISE-
MENT  A NOTICE IN SUCH OTHER LANGUAGE THE FOLLOWING STATEMENT: "I AM NOT
AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE ABOUT
IMMIGRATION OR ANY OTHER LEGAL MATTER OR ACCEPT FEES FOR LEGAL ADVICE."
  3. A NOTARY PUBLIC SHALL NOT USE TERMS IN A FOREIGN  LANGUAGE  IN  ANY
ADVERTISEMENT  FOR  HIS  OR HER SERVICES AS A NOTARY PUBLIC THAT MEAN OR
IMPLY THAT THE NOTARY PUBLIC IS AN ATTORNEY LICENSED TO PRACTICE IN  THE
STATE  OF  NEW  YORK  OR  IN  ANY JURISDICTION OF THE UNITED STATES. THE
SECRETARY SHALL DESIGNATE BY RULE OR REGULATION THE TERMS IN  A  FOREIGN
LANGUAGE  THAT  SHALL BE DEEMED TO MEAN OR IMPLY THAT A NOTARY PUBLIC IS
LICENSED TO PRACTICE LAW IN THE STATE OF NEW YORK AND THE USE  OF  WHICH
SHALL BE PROHIBITED BY NOTARY PUBLICS WHO ARE SUBJECT TO THIS SECTION.
  4.  FOR  PURPOSES  OF  THIS  SECTION,  "ADVERTISEMENT"  SHALL MEAN AND
INCLUDE MATERIAL DESIGNED TO GIVE NOTICE OF OR TO  PROMOTE  OR  DESCRIBE
THE  SERVICES  OFFERED  BY  A NOTARY PUBLIC FOR PROFIT AND SHALL INCLUDE
BUSINESS CARDS, BROCHURES, AND NOTICES, WHETHER IN PRINT  OR  ELECTRONIC
FORM.
  5.  ANY  PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION OR ANY RULE
OR REGULATION PROMULGATED BY THE  SECRETARY  MAY  BE  LIABLE  FOR  CIVIL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11461-03-1

co-Sponsors

2011-S5672A (ACTIVE) - Details

Law Section:
Executive Law
Laws Affected:
Add §135-b, Exec L

2011-S5672A (ACTIVE) - Summary

Requires non-attorney notaries public advertising services in a language other than English to prominently display a statement in other languages that they are not authorized to practice law and have no authority to give advice on immigration law or other legal matters.

2011-S5672A (ACTIVE) - Sponsor Memo

2011-S5672A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5672--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 9, 2011
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed  to  be  committed  to  the  Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the executive law,  in  relation  to  advertising  in  a
  language other than English by notaries public

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding a new section  135-b
to read as follows:
  S  135-B.  ADVERTISING  BY  NOTARIES PUBLIC. 1. THE PROVISIONS OF THIS
SECTION SHALL NOT APPLY TO ATTORNEYS-AT-LAW, ADMITTED TO PRACTICE IN THE
STATE OF NEW YORK.
  2. A NOTARY PUBLIC WHO ADVERTISES HIS OR  HER  SERVICES  AS  A  NOTARY
PUBLIC  IN A LANGUAGE OTHER THAN ENGLISH SHALL POST WITH SUCH ADVERTISE-
MENT A NOTICE IN SUCH OTHER LANGUAGE THE FOLLOWING STATEMENT: "I AM  NOT
AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE ABOUT
IMMIGRATION OR ANY OTHER LEGAL MATTER OR ACCEPT FEES FOR LEGAL ADVICE."
  3.  A  NOTARY  PUBLIC SHALL NOT USE TERMS IN A FOREIGN LANGUAGE IN ANY
ADVERTISEMENT FOR HIS OR HER SERVICES AS A NOTARY PUBLIC  THAT  MEAN  OR
IMPLY  THAT THE NOTARY PUBLIC IS AN ATTORNEY LICENSED TO PRACTICE IN THE
STATE OF NEW YORK OR IN ANY  JURISDICTION  OF  THE  UNITED  STATES.  THE
SECRETARY  SHALL  DESIGNATE BY RULE OR REGULATION THE TERMS IN A FOREIGN
LANGUAGE THAT SHALL BE DEEMED TO MEAN OR IMPLY THAT A NOTARY  PUBLIC  IS
LICENSED  TO  PRACTICE LAW IN THE STATE OF NEW YORK AND THE USE OF WHICH
SHALL BE PROHIBITED BY NOTARY PUBLICS WHO ARE SUBJECT TO THIS SECTION.
  4. FOR PURPOSES  OF  THIS  SECTION,  "ADVERTISEMENT"  SHALL  MEAN  AND
INCLUDE  MATERIAL  DESIGNED  TO GIVE NOTICE OF OR TO PROMOTE OR DESCRIBE
THE SERVICES OFFERED BY A NOTARY PUBLIC FOR  PROFIT  AND  SHALL  INCLUDE
BUSINESS  CARDS,  BROCHURES, AND NOTICES, WHETHER IN PRINT OR ELECTRONIC
FORM.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11461-05-1

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