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Public Act 100-0081


 

Public Act 0081 100TH GENERAL ASSEMBLY



 


 
Public Act 100-0081
 
SB0265 EnrolledLRB100 05186 HLH 15196 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Notary Public Act is amended by
changing Sections 3-101, 3-103, 6-103, and 6-104 as follows:
 
    (5 ILCS 312/3-101)  (from Ch. 102, par. 203-101)
    Sec. 3-101. Official Seal and Signature.
    (a) Each notary public shall, upon receiving the commission
from the county clerk, obtain an official rubber stamp seal
with which the notary shall authenticate his official acts. The
rubber stamp seal shall contain the following information:
        (1) the words "Official Seal";
        (2) the notary's official name;
        (3) the words "Notary Public", "State of Illinois", and
    "My commission expires____________(commission expiration
    date)"; and
        (4) a serrated or milled edge border in a rectangular
    form not more than one inch in height by two and one-half
    inches in length surrounding the information.
    (b) (Blank). At the time of the notarial act, a notary
public shall officially sign every notary certificate and affix
the rubber stamp seal clearly and legibly using black ink, so
that it is capable of photographic reproduction. The
illegibility of any of the information required by this Section
does not affect the validity of a transaction.
    This subsection does not apply on or after July 1, 2013.
(Source: P.A. 95-988, eff. 6-1-09.)
 
    (5 ILCS 312/3-103)  (from Ch. 102, par. 203-103)
    Sec. 3-103. Notice.
    (a) Every notary public who is not an attorney or an
accredited immigration representative who advertises the
services of a notary public in a language other than English,
whether by radio, television, signs, pamphlets, newspapers,
electronic communications, or other written communication,
with the exception of a single desk plaque, shall include in
the document, advertisement, stationery, letterhead, business
card, or other comparable written or electronic material the
following: notice in English and the language in which the
written or electronic communication appears. This notice shall
be of a conspicuous size, if in writing or electronic
communication, and shall state: "I AM NOT AN ATTORNEY LICENSED
TO PRACTICE LAW IN ILLINOIS AND MAY NOT GIVE LEGAL ADVICE OR
ACCEPT FEES FOR LEGAL ADVICE". If such advertisement is by
radio or television, the statement may be modified but must
include substantially the same message.
    A notary public shall not, in any document, advertisement,
stationery, letterhead, business card, electronic
communication, or other comparable written material describing
the role of the notary public, literally translate from English
into another language terms or titles including, but not
limited to, notary public, notary, licensed, attorney, lawyer,
or any other term that implies the person is an attorney. To
illustrate, the word "notario" is prohibited under this
provision.
    Failure to follow the procedures in this Section shall
result in a fine of $1,000 for each written violation. The
second violation shall result in suspension of notary
authorization. The third violation shall result in permanent
revocation of the commission of notary public. Violations shall
not preempt or preclude additional appropriate civil or
criminal penalties.
    (b) All notaries public required to comply with the
provisions of subsection (a) shall prominently post at their
place of business as recorded with the Secretary of State
pursuant to Section 2-102 of this Act a schedule of fees
established by law which a notary public may charge. The fee
schedule shall be written in English and in the non-English
language in which notary services were solicited and shall
contain the disavowal of legal representation required above in
subsection (a), unless such notice of disavowal is already
prominently posted.
    (c) No notary public, agency or any other person who is not
an attorney shall represent, hold themselves out or advertise
that they are experts on immigration matters or provide any
other assistance that requires legal analysis, legal judgment,
or interpretation of the law unless they are a designated
entity as defined pursuant to Section 245a.1 of Part 245a of
the Code of Federal Regulations (8 CFR 245a.1) or an entity
accredited by the Board of Immigration Appeals.
    (d) Any person who aids, abets or otherwise induces another
person to give false information concerning immigration status
shall be guilty of a Class A misdemeanor for a first offense
and a Class 3 felony for a second or subsequent offense
committed within 5 years of a previous conviction for the same
offense.
    Any notary public who violates the provisions of this
Section shall be guilty of official misconduct and subject to
fine or imprisonment.
    Nothing in this Section shall preclude any consumer of
notary public services from pursuing other civil remedies
available under the law.
    (e) No notary public who is not an attorney or an
accredited representative shall accept payment in exchange for
providing legal advice or any other assistance that requires
legal analysis, legal judgment, or interpretation of the law.
    (f) Violation of subsection (e) is a business offense
punishable by a fine of 3 times the amount received for
services, or $1,001 minimum, and restitution of the amount paid
to the consumer. Nothing in this Section shall be construed to
preempt nor preclude additional appropriate civil remedies or
criminal charges available under law.
    (g) If a notary public of this State is convicted of 2 or
more business offenses involving a violation of this Act within
a 12-month period while commissioned, or of 3 or more business
offenses involving a violation of this Act within a 5-year
period regardless of being commissioned, the Secretary shall
automatically revoke the notary public commission of that
person on the date that the person's most recent business
offense conviction is entered as a final judgment.
(Source: P.A. 93-1001, eff. 8-23-04.)
 
    (5 ILCS 312/6-103)  (from Ch. 102, par. 206-103)
    Sec. 6-103. Certificate of Notarial Acts.
    (a) A notarial act must be evidenced by a certificate
signed and dated by the notary public. The certificate must
include identification of the jurisdiction in which the
notarial act is performed and the official seal of office.
    (b) A certificate of a notarial act is sufficient if it
meets the requirements of subsection (a) and it:
        (1) is in the short form set forth in Section 6-105;
        (2) is in a form otherwise prescribed by the law of
    this State; or
        (3) sets forth the actions of the notary public and
    those are sufficient to meet the requirements of the
    designated notarial act.
    (c) At the time of a notarial act, a notary public shall
officially sign every notary certificate and affix the rubber
stamp seal clearly and legibly using black ink, so that it is
capable of photographic reproduction. The illegibility of any
of the information required under this Section does not affect
the validity of a transaction.
(Source: P.A. 84-322.)
 
    (5 ILCS 312/6-104)  (from Ch. 102, par. 206-104)
    Sec. 6-104. Acts Prohibited.
    (a) A notary public shall not use any name or initial in
signing certificates other than that by which the notary was
commissioned.
    (b) A notary public shall not acknowledge any instrument in
which the notary's name appears as a party to the transaction.
    (c) A notary public shall not affix his signature to a
blank form of affidavit or certificate of acknowledgment and
deliver that form to another person with intent that it be used
as an affidavit or acknowledgment.
    (d) A notary public shall not take the acknowledgment of or
administer an oath to any person whom the notary actually knows
to have been adjudged mentally ill by a court of competent
jurisdiction and who has not been restored to mental health as
a matter of record.
    (e) A notary public shall not take the acknowledgment of
any person who is blind until the notary has read the
instrument to such person.
    (f) A notary public shall not take the acknowledgment of
any person who does not speak or understand the English
language, unless the nature and effect of the instrument to be
notarized is translated into a language which the person does
understand.
    (g) A notary public shall not change anything in a written
instrument after it has been signed by anyone.
    (h) No notary public shall be authorized to prepare any
legal instrument, or fill in the blanks of an instrument, other
than a notary certificate; however, this prohibition shall not
prohibit an attorney, who is also a notary public, from
performing notarial acts for any document prepared by that
attorney.
    (i) If a notary public accepts or receives any money from
any one to whom an oath has been administered or on behalf of
whom an acknowledgment has been taken for the purpose of
transmitting or forwarding such money to another and willfully
fails to transmit or forward such money promptly, the notary is
personally liable for any loss sustained because of such
failure. The person or persons damaged by such failure may
bring an action to recover damages, together with interest and
reasonable attorney fees, against such notary public or his
bondsmen.
(Source: P.A. 85-421.)

Effective Date: 1/1/2018