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KS House Bill 2485

Legislation

State: Kansas
Signed: March 20, 2006

Effective: July 01, 2006
Chapter: 14

Summary

House Bill 2485 prescribes rules governing the use of the term "notario publico" in advertising.

Affects

Creates a new as yet uncodified section in, amends Section 53-118, and repeals existing Section 53-118 of the Kansas Statutes Annotated.

Changes
  1. Requires nonattorney Notaries who advertise notarial services in a language other than English to prominently include in the advertisement the following statement in the same language: “I am not authorized to practice law and have no authority to give advice on immigration law or other legal matters.”
  2. Prohibits nonattorney Notaries from using the term “notario publico” or any equivalent non- English term in any advertisement unless it includes the prescribed statement required to be included in non-English advertisements.
  3. Classifies a violation of the new non-English advertising laws as a class B misdemeanor and as a deceptive trade practice pursuant to the Kansas Consumer Protection Act.
  4. Authorizes the Secretary of State to deny or revoke the Notary commission of any person who has violated the new non-English advertising rules.
  5. Precludes any applicant for a commission who has violated the new non-English advertising laws from being reappointed during the person’s lifetime.
Analysis

During the past few years legislation prohibiting non-English advertising without including a prescribed notice, forbidding use of the term “notario publico” or equivalent non-English term, and establishing tough penalties for violations has been enacted in several states as a means of protecting immigrants from unscrupulous Notaries. While House Bill 2485 does these things, incredibly the new law allows nonattorney Notaries to advertise using the term “notario publico” or any non-English equivalent as long as the prescribed notice for non-English advertisements is included. We believe that the public is best served by an outright ban against using translations of the term altogether.

Read House Bill 2485.

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