Illinois General Assembly - Bill Status for SB2548
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 Bill Status of SB2548  93rd General Assembly


Short Description:  NOTARY PUBLIC-CONSUMER FRAUD

Senate Sponsors
Sen. Martin A. Sandoval - Don Harmon - Miguel del Valle - Jacqueline Y. Collins - Iris Y. Martinez, Kirk W. Dillard, Dave Sullivan, Richard J. Winkel, Jr., James T. Meeks, Antonio Munoz, Barack Obama, Mattie Hunter, Louis S. Viverito and Debbie DeFrancesco Halvorson

House Sponsors
(Rep. Frank Aguilar - Harry Osterman - William Delgado - Sandra M. Pihos, Marlow H. Colvin, John A. Fritchey, James D. Brosnahan, Elaine Nekritz, Lou Lang, Paul D. Froehlich, Cynthia Soto, Rosemary Mulligan, Susana Mendoza, Maria Antonia Berrios, Ruth Munson, Jack D. Franks and Linda Chapa LaVia)

Last Action
DateChamber Action
  8/23/2004SenatePublic Act . . . . . . . . . 93-1001

Statutes Amended In Order of Appearance
5 ILCS 312/1-104from Ch. 102, par. 201-104
5 ILCS 312/2-102from Ch. 102, par. 202-102
5 ILCS 312/3-103from Ch. 102, par. 203-103
5 ILCS 312/3-104from Ch. 102, par. 203-104
815 ILCS 505/2AA


Synopsis As Introduced
Amends the Illinois Notary Public Act and the Consumer Fraud and Deceptive Business Practice Act. Prohibits a person whose prior notary commission was suspended, canceled, or revoked from receiving another commission (now, a 10-year prohibition). Exempts notaries who are accredited immigration representatives (now, only attorneys) from the requirement that non-English advertisements of service include a notice that the notary is not an attorney. Applies the notice requirement to other identifying articles, such as letterhead and business cards. Prohibits the literal translation of various English terms that may imply the notary is an attorney. Prohibits a notary from accepting fees for immigration advice or assistance. Makes violations subject to fines, business offense penalties, and commission revocation. Makes other changes. Under the Consumer Fraud and Deceptive Business Practices Act, imposes similar restrictions, requirements, and penalties on persons providing immigration services. Permits recovery of prohibited fees through compensatory damages and permits punitive damages of 3 times the amount of the fees. Makes other changes. Effective immediately.

Senate Committee Amendment No. 1
Further amends the Illinois Notary Public Act and the Consumer Fraud and Deceptive Business Practices Act. Reinserts the 10-year period during which an applicant must not have held any notary appointment that was revoked, suspended, or canceled. Provides that no notary public who is not an attorney or an accredited representative shall provide or accept payment in exchange for any assistance that requires legal analysis, legal judgment, or interpretation of the law. Makes changes to the fee limit provision. Provides that the $1,000 fine imposed for violation of the immigration services notice requirement shall apply only if the violation is not subject to penalties under the Illinois Notary Public Act. Provides that the maximum fees charged in matters concerning immigration services shall be those set forth in the Illinois Notary Public Act, rather than those established by the Attorney General. Makes other changes.

House Floor Amendment No. 1
With respect to the changes in the Illinois Notary Public Act, removes the requirement that a notary public applicant may not have held a notary public appointment that was canceled in the previous 10 years.

Actions 
DateChamber Action
  2/3/2004SenateFiled with Secretary by Sen. Martin A. Sandoval
  2/3/2004SenateFirst Reading
  2/3/2004SenateReferred to Rules
  2/10/2004SenateAdded as Co-Sponsor Sen. Kirk W. Dillard
  2/10/2004SenateAdded as Chief Co-Sponsor Sen. Don Harmon
  2/10/2004SenateAssigned to Executive
  2/11/2004SenateAdded as Chief Co-Sponsor Sen. Miguel del Valle
  2/19/2004SenateHeld in Executive
  2/24/2004SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Martin A. Sandoval
  2/24/2004SenateSenate Committee Amendment No. 1 Referred to Rules
  2/24/2004SenateAdded as Co-Sponsor Sen. Dave Sullivan
  2/25/2004SenateSenate Committee Amendment No. 1 Rules Refers to Executive
  2/25/2004SenateAdded as Co-Sponsor Sen. Richard J. Winkel, Jr.
  2/25/2004SenateSenate Committee Amendment No. 1 Adopted
  2/26/2004SenateDo Pass as Amended Executive; 012-000-000
  2/26/2004SenatePlaced on Calendar Order of 2nd Reading March 2, 2004
  3/3/2004SenateAdded as Co-Sponsor Sen. Iris Y. Martinez
  3/3/2004SenateAdded as Co-Sponsor Sen. James T. Meeks
  3/23/2004SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  3/24/2004SenateAdded as Co-Sponsor Sen. Antonio Munoz
  3/24/2004SenateSecond Reading
  3/24/2004SenatePlaced on Calendar Order of 3rd Reading March 25, 2004
  3/25/2004SenateSponsor Removed Sen. Iris Y. Martinez
  3/25/2004SenateAdded as Chief Co-Sponsor Sen. Iris Y. Martinez
  3/25/2004SenateAdded as Co-Sponsor Sen. Barack Obama
  3/25/2004SenateAdded as Co-Sponsor Sen. Mattie Hunter
  3/25/2004SenateThird Reading - Passed; 055-000-000
  3/25/2004SenateAdded as Co-Sponsor Sen. Louis S. Viverito
  3/26/2004HouseArrived in House
  3/26/2004HousePlaced on Calendar Order of First Reading
  3/29/2004HouseChief House Sponsor Rep. Frank Aguilar
  3/29/2004HouseFirst Reading
  3/29/2004HouseReferred to Rules Committee
  3/30/2004HouseAdded Alternate Chief Co-Sponsor Rep. Harry Osterman
  3/30/2004HouseAdded Alternate Co-Sponsor Rep. Marlow H. Colvin
  3/30/2004SenateAdded as Co-Sponsor Sen. Debbie DeFrancesco Halvorson
  4/1/2004HouseAdded Alternate Co-Sponsor Rep. John A. Fritchey
  4/1/2004HouseAdded Alternate Chief Co-Sponsor Rep. Sandra M. Pihos
  4/1/2004HouseAlternate Chief Co-Sponsor Changed to Rep. Sandra M. Pihos
  4/20/2004HouseAssigned to Consumer Protection Committee
  4/22/2004HouseAdded Alternate Chief Co-Sponsor Rep. William Delgado
  4/22/2004HouseAdded Alternate Co-Sponsor Rep. James D. Brosnahan
  4/22/2004HouseAdded Alternate Co-Sponsor Rep. Elaine Nekritz
  4/22/2004HouseAdded Alternate Co-Sponsor Rep. Lou Lang
  4/22/2004HouseAdded Alternate Co-Sponsor Rep. Paul D. Froehlich
  4/22/2004HouseAdded Alternate Co-Sponsor Rep. Cynthia Soto
  4/28/2004HouseDo Pass / Short Debate Consumer Protection Committee; 010-000-001
  4/28/2004HousePlaced on Calendar 2nd Reading - Short Debate
  4/29/2004HouseAdded Alternate Co-Sponsor Rep. Rosemary Mulligan
  4/29/2004HouseSecond Reading - Short Debate
  4/29/2004HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/4/2004HouseRecalled to Second Reading - Short Debate
  5/4/2004HouseHeld on Calendar Order of Second Reading - Short Debate
  5/4/2004HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Frank Aguilar
  5/4/2004HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/11/2004HouseHouse Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 003-000-000
  5/12/2004HouseSecond Reading - Short Debate
  5/12/2004HouseHouse Floor Amendment No. 1 Adopted by Voice Vote
  5/12/2004HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/14/2004HouseCommittee/3rd Reading Deadline Extended-Rule 9(b) May 31, 2004
  5/18/2004HouseAdded Alternate Co-Sponsor Rep. Susana Mendoza
  5/18/2004HouseAdded Alternate Co-Sponsor Rep. Maria Antonia Berrios
  5/18/2004HouseAdded Alternate Co-Sponsor Rep. Ruth Munson
  5/18/2004HouseThird Reading - Short Debate - Passed 118-000-000
  5/18/2004HouseAdded Alternate Co-Sponsor Rep. Jack D. Franks
  5/18/2004HouseAdded Alternate Co-Sponsor Rep. Linda Chapa LaVia
  5/18/2004SenateSecretary's Desk - Concurrence House Amendment(s) 01
  5/18/2004SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01-May 19, 2004.
  5/20/2004SenateHouse Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Martin A. Sandoval
  5/20/2004SenateHouse Floor Amendment No. 1 Motion to Concur Referred to Rules
  5/24/2004SenateHouse Floor Amendment No. 1 Motion to Concur Rules Referred to Judiciary
  5/26/2004SenateHouse Floor Amendment No. 1 Motion to Concur Be Approved for Consideration Judiciary; 008-000-000
  5/26/2004SenateHouse Floor Amendment No. 1 Senate Concurs 056-000-000
  5/26/2004SenatePassed Both Houses
  6/24/2004SenateSent to the Governor
  8/23/2004SenateGovernor Approved
  8/23/2004SenateEffective Date August 23, 2004
  8/23/2004SenatePublic Act . . . . . . . . . 93-1001

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