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Full Text of SB0265  100th General Assembly

SB0265sam001 100TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 4/4/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 265

2    AMENDMENT NO. ______. Amend Senate Bill 265 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Notary Public Act is amended by
5changing Sections 3-101, 3-103, 6-103, and 6-104 as follows:
 
6    (5 ILCS 312/3-101)  (from Ch. 102, par. 203-101)
7    Sec. 3-101. Official Seal and Signature.
8    (a) Each notary public shall, upon receiving the commission
9from the county clerk, obtain an official rubber stamp seal
10with which the notary shall authenticate his official acts. The
11rubber stamp seal shall contain the following information:
12        (1) the words "Official Seal";
13        (2) the notary's official name;
14        (3) the words "Notary Public", "State of Illinois", and
15    "My commission expires____________(commission expiration
16    date)"; and

 

 

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1        (4) a serrated or milled edge border in a rectangular
2    form not more than one inch in height by two and one-half
3    inches in length surrounding the information.
4    (b)(Blank). At the time of the notarial act, a notary
5public shall officially sign every notary certificate and affix
6the rubber stamp seal clearly and legibly using black ink, so
7that it is capable of photographic reproduction. The
8illegibility of any of the information required by this Section
9does not affect the validity of a transaction.
10    This subsection does not apply on or after July 1, 2013.
11(Source: P.A. 95-988, eff. 6-1-09.)
 
12    (5 ILCS 312/3-103)  (from Ch. 102, par. 203-103)
13    Sec. 3-103. Notice.
14    (a) Every notary public who is not an attorney or an
15accredited immigration representative who advertises the
16services of a notary public in a language other than English,
17whether by radio, television, signs, pamphlets, newspapers,
18electronic communications, or other written communication,
19with the exception of a single desk plaque, shall include in
20the document, advertisement, stationery, letterhead, business
21card, or other comparable written or electronic material the
22following: notice in English and the language in which the
23written or electronic communication appears. This notice shall
24be of a conspicuous size, if in writing or electronic
25communication, and shall state: "I AM NOT AN ATTORNEY LICENSED

 

 

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1TO PRACTICE LAW IN ILLINOIS AND MAY NOT GIVE LEGAL ADVICE OR
2ACCEPT FEES FOR LEGAL ADVICE". If such advertisement is by
3radio or television, the statement may be modified but must
4include substantially the same message.
5    A notary public shall not, in any document, advertisement,
6stationery, letterhead, business card, electronic
7communication, or other comparable written material describing
8the role of the notary public, literally translate from English
9into another language terms or titles including, but not
10limited to, notary public, notary, licensed, attorney, lawyer,
11or any other term that implies the person is an attorney. To
12illustrate, the word "notario" is prohibited under this
13provision.
14    Failure to follow the procedures in this Section shall
15result in a fine of $1,000 for each written violation. The
16second violation shall result in suspension of notary
17authorization. The third violation shall result in permanent
18revocation of the commission of notary public. Violations shall
19not preempt or preclude additional appropriate civil or
20criminal penalties.
21    (b) All notaries public required to comply with the
22provisions of subsection (a) shall prominently post at their
23place of business as recorded with the Secretary of State
24pursuant to Section 2-102 of this Act a schedule of fees
25established by law which a notary public may charge. The fee
26schedule shall be written in English and in the non-English

 

 

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1language in which notary services were solicited and shall
2contain the disavowal of legal representation required above in
3subsection (a), unless such notice of disavowal is already
4prominently posted.
5    (c) No notary public, agency or any other person who is not
6an attorney shall represent, hold themselves out or advertise
7that they are experts on immigration matters or provide any
8other assistance that requires legal analysis, legal judgment,
9or interpretation of the law unless they are a designated
10entity as defined pursuant to Section 245a.1 of Part 245a of
11the Code of Federal Regulations (8 CFR 245a.1) or an entity
12accredited by the Board of Immigration Appeals.
13    (d) Any person who aids, abets or otherwise induces another
14person to give false information concerning immigration status
15shall be guilty of a Class A misdemeanor for a first offense
16and a Class 3 felony for a second or subsequent offense
17committed within 5 years of a previous conviction for the same
18offense.
19    Any notary public who violates the provisions of this
20Section shall be guilty of official misconduct and subject to
21fine or imprisonment.
22    Nothing in this Section shall preclude any consumer of
23notary public services from pursuing other civil remedies
24available under the law.
25    (e) No notary public who is not an attorney or an
26accredited representative shall accept payment in exchange for

 

 

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1providing legal advice or any other assistance that requires
2legal analysis, legal judgment, or interpretation of the law.
3    (f) Violation of subsection (e) is a business offense
4punishable by a fine of 3 times the amount received for
5services, or $1,001 minimum, and restitution of the amount paid
6to the consumer. Nothing in this Section shall be construed to
7preempt nor preclude additional appropriate civil remedies or
8criminal charges available under law.
9    (g) If a notary public of this State is convicted of 2 or
10more business offenses involving a violation of this Act within
11a 12-month period while commissioned, or of 3 or more business
12offenses involving a violation of this Act within a 5-year
13period regardless of being commissioned, the Secretary shall
14automatically revoke the notary public commission of that
15person on the date that the person's most recent business
16offense conviction is entered as a final judgment.
17(Source: P.A. 93-1001, eff. 8-23-04.)
 
18    (5 ILCS 312/6-103)  (from Ch. 102, par. 206-103)
19    Sec. 6-103. Certificate of Notarial Acts.
20    (a) A notarial act must be evidenced by a certificate
21signed and dated by the notary public. The certificate must
22include identification of the jurisdiction in which the
23notarial act is performed and the official seal of office.
24    (b) A certificate of a notarial act is sufficient if it
25meets the requirements of subsection (a) and it:

 

 

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1        (1) is in the short form set forth in Section 6-105;
2        (2) is in a form otherwise prescribed by the law of
3    this State; or
4        (3) sets forth the actions of the notary public and
5    those are sufficient to meet the requirements of the
6    designated notarial act.
7    (c) At the time of a notarial act, a notary public shall
8officially sign every notary certificate and affix the rubber
9stamp seal clearly and legibly using black ink, so that it is
10capable of photographic reproduction. The illegibility of any
11of the information required under this Section does not affect
12the validity of a transaction.
13(Source: P.A. 84-322.)
 
14    (5 ILCS 312/6-104)  (from Ch. 102, par. 206-104)
15    Sec. 6-104. Acts Prohibited.
16    (a) A notary public shall not use any name or initial in
17signing certificates other than that by which the notary was
18commissioned.
19    (b) A notary public shall not acknowledge any instrument in
20which the notary's name appears as a party to the transaction.
21    (c) A notary public shall not affix his signature to a
22blank form of affidavit or certificate of acknowledgment and
23deliver that form to another person with intent that it be used
24as an affidavit or acknowledgment.
25    (d) A notary public shall not take the acknowledgment of or

 

 

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1administer an oath to any person whom the notary actually knows
2to have been adjudged mentally ill by a court of competent
3jurisdiction and who has not been restored to mental health as
4a matter of record.
5    (e) A notary public shall not take the acknowledgment of
6any person who is blind until the notary has read the
7instrument to such person.
8    (f) A notary public shall not take the acknowledgment of
9any person who does not speak or understand the English
10language, unless the nature and effect of the instrument to be
11notarized is translated into a language which the person does
12understand.
13    (g) A notary public shall not change anything in a written
14instrument after it has been signed by anyone.
15    (h) No notary public shall be authorized to prepare any
16legal instrument, or fill in the blanks of an instrument, other
17than a notary certificate; however, this prohibition shall not
18prohibit an attorney, who is also a notary public, from
19performing notarial acts for any document prepared by that
20attorney.
21    (i) If a notary public accepts or receives any money from
22any one to whom an oath has been administered or on behalf of
23whom an acknowledgment has been taken for the purpose of
24transmitting or forwarding such money to another and willfully
25fails to transmit or forward such money promptly, the notary is
26personally liable for any loss sustained because of such

 

 

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1failure. The person or persons damaged by such failure may
2bring an action to recover damages, together with interest and
3reasonable attorney fees, against such notary public or his
4bondsmen.
5(Source: P.A. 85-421.)".