HB2604 EngrossedLRB100 10640 RJF 20863 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Notary Public Act is amended by
5changing Sections 3-101, 3-103, 3-104, 6-103, and 6-104 as
6follows:
 
7    (5 ILCS 312/3-101)  (from Ch. 102, par. 203-101)
8    Sec. 3-101. Official Seal and Signature.
9    (a) Each notary public shall, upon receiving the commission
10from the county clerk, obtain an official rubber stamp seal
11with which the notary shall authenticate his official acts. The
12rubber stamp seal shall contain the following information:
13        (1) the words "Official Seal";
14        (2) the notary's official name;
15        (3) the words "Notary Public", "State of Illinois", and
16    "My commission expires____________(commission expiration
17    date)"; and
18        (4) a serrated or milled edge border in a rectangular
19    form not more than one inch in height by two and one-half
20    inches in length surrounding the information.
21    (b) At the time of the notarial act, a notary public shall
22officially sign every notary certificate and affix the rubber
23stamp seal clearly and legibly using black ink, so that it is

 

 

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1capable of photographic reproduction. The illegibility of any
2of the information required by this Section does not affect the
3validity of a transaction.
4    This subsection does not apply on or after July 1, 2013.
5(Source: P.A. 95-988, eff. 6-1-09.)
 
6    (5 ILCS 312/3-103)  (from Ch. 102, par. 203-103)
7    Sec. 3-103. Notice.
8    (a) Every notary public who is not an attorney or an
9accredited immigration representative who advertises the
10services of a notary public in a language other than English,
11whether by radio, television, signs, pamphlets, newspapers,
12electronic communications, or other written communication,
13with the exception of a single desk plaque, shall include in
14the document, advertisement, stationery, letterhead, business
15card, or other comparable written or electronic material the
16following: notice in English and the language in which the
17written or electronic communication appears. This notice shall
18be of a conspicuous size, if in writing or electronic
19communication, and shall state: "I AM NOT AN ATTORNEY LICENSED
20TO PRACTICE LAW IN ILLINOIS AND MAY NOT GIVE LEGAL ADVICE OR
21ACCEPT FEES FOR LEGAL ADVICE". If such advertisement is by
22radio or television, the statement may be modified but must
23include substantially the same message.
24    A notary public shall not, in any document, advertisement,
25stationery, letterhead, business card, electronic

 

 

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1communication, or other comparable written material describing
2the role of the notary public, literally translate from English
3into another language terms or titles including, but not
4limited to, notary public, notary, licensed, attorney, lawyer,
5or any other term that implies the person is an attorney. To
6illustrate, the word "notario" is prohibited under this
7provision.
8    Failure to follow the procedures in this Section shall
9result in a fine of $1,000 for each written violation. The
10second violation shall result in suspension of notary
11authorization. The third violation shall result in permanent
12revocation of the commission of notary public. Violations shall
13not preempt or preclude additional appropriate civil or
14criminal penalties.
15    (b) All notaries public required to comply with the
16provisions of subsection (a) shall prominently post at their
17place of business as recorded with the Secretary of State
18pursuant to Section 2-102 of this Act a schedule of fees
19established by law which a notary public may charge. The fee
20schedule shall be written in English and in the non-English
21language in which notary services were solicited and shall
22contain the disavowal of legal representation required above in
23subsection (a), unless such notice of disavowal is already
24prominently posted.
25    (c) No notary public, agency or any other person who is not
26an attorney shall represent, hold themselves out or advertise

 

 

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1that they are experts on immigration matters or provide any
2other assistance that requires legal analysis, legal judgment,
3or interpretation of the law unless they are a designated
4entity as defined pursuant to Section 245a.1 of Part 245a of
5the Code of Federal Regulations (8 CFR 245a.1) or an entity
6accredited by the Board of Immigration Appeals.
7    (d) Any person who aids, abets or otherwise induces another
8person to give false information concerning immigration status
9shall be guilty of a Class A misdemeanor for a first offense
10and a Class 3 felony for a second or subsequent offense
11committed within 5 years of a previous conviction for the same
12offense.
13    Any notary public who violates the provisions of this
14Section shall be guilty of official misconduct and subject to
15fine or imprisonment.
16    Nothing in this Section shall preclude any consumer of
17notary public services from pursuing other civil remedies
18available under the law.
19    (e) No notary public who is not an attorney or an
20accredited representative shall accept payment in exchange for
21providing legal advice or any other assistance that requires
22legal analysis, legal judgment, or interpretation of the law.
23    (f) Violation of subsection (e) is a business offense
24punishable by a fine of 3 times the amount received for
25services, or $1,001 minimum, and restitution of the amount paid
26to the consumer. Nothing in this Section shall be construed to

 

 

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1preempt nor preclude additional appropriate civil remedies or
2criminal charges available under law.
3    (g) If a notary public of this State is convicted of 2 or
4more business offenses involving a violation of this Act within
5a 12-month period while commissioned, or of 3 or more business
6offenses involving a violation of this Act within a 5-year
7period regardless of being commissioned, the Secretary shall
8automatically revoke the notary public commission of that
9person on the date that the person's most recent business
10offense conviction is entered as a final judgment.
11(Source: P.A. 93-1001, eff. 8-23-04.)
 
12    (5 ILCS 312/3-104)  (from Ch. 102, par. 203-104)
13    Sec. 3-104. Maximum Fee.
14    (a) Except as provided in subsection (b) of this Section,
15the maximum fee in this State is $5.00 $1.00 for any notarial
16act performed and, until July 1, 2018, up to $25 for any
17notarial act performed pursuant to Section 3-102.
18    (b) Fees for a notary public, agency, or any other person
19who is not an attorney or an accredited representative filling
20out immigration forms shall be limited to the following:
21        (1) $10 per form completion;
22        (2) $10 per page for the translation of a non-English
23    language into English where such translation is required
24    for immigration forms;
25        (3) $5 $1 for notarizing;

 

 

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1        (4) $3 to execute any procedures necessary to obtain a
2    document required to complete immigration forms; and
3        (5) A maximum of $75 for one complete application.
4    Fees authorized under this subsection shall not include
5application fees required to be submitted with immigration
6applications.
7    Any person who violates the provisions of this subsection
8shall be guilty of a Class A misdemeanor for a first offense
9and a Class 3 felony for a second or subsequent offense
10committed within 5 years of a previous conviction for the same
11offense.
12    (c) Upon his own information or upon complaint of any
13person, the Attorney General or any State's Attorney, or their
14designee, may maintain an action for injunctive relief in the
15court against any notary public or any other person who
16violates the provisions of subsection (b) of this Section.
17These remedies are in addition to, and not in substitution for,
18other available remedies.
19    If the Attorney General or any State's Attorney fails to
20bring an action as provided pursuant to this subsection within
2190 days of receipt of a complaint, any person may file a civil
22action to enforce the provisions of this subsection and
23maintain an action for injunctive relief.
24    (d) All notaries public must provide itemized receipts and
25keep records for fees accepted for services provided. Failure
26to provide itemized receipts and keep records that can be

 

 

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1presented as evidence of no wrongdoing shall be construed as a
2presumptive admission of allegations raised in complaints
3against the notary for violations related to accepting
4prohibited fees.
5(Source: P.A. 98-29, eff. 6-21-13.)
 
6    (5 ILCS 312/6-103)  (from Ch. 102, par. 206-103)
7    Sec. 6-103. Certificate of Notarial Acts.
8    (a) A notarial act must be evidenced by a certificate
9signed and dated by the notary public. The certificate must
10include identification of the jurisdiction in which the
11notarial act is performed and the official seal of office.
12    (b) A certificate of a notarial act is sufficient if it
13meets the requirements of subsection (a) and it:
14        (1) is in the short form set forth in Section 6-105;
15        (2) is in a form otherwise prescribed by the law of
16    this State; or
17        (3) sets forth the actions of the notary public and
18    those are sufficient to meet the requirements of the
19    designated notarial act.
20    (c) At the time of a notarial act, a notary public shall
21officially sign every notary certificate and affix the rubber
22stamp seal clearly and legibly using black ink, so that it is
23capable of photographic reproduction. The illegibility of any
24of the information required under this Section does not affect
25the validity of a transaction.

 

 

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1(Source: P.A. 84-322.)
 
2    (5 ILCS 312/6-104)  (from Ch. 102, par. 206-104)
3    Sec. 6-104. Acts Prohibited.
4    (a) A notary public shall not use any name or initial in
5signing certificates other than that by which the notary was
6commissioned.
7    (b) A notary public shall not acknowledge any instrument in
8which the notary's name appears as a party to the transaction.
9    (c) A notary public shall not affix his signature to a
10blank form of affidavit or certificate of acknowledgment and
11deliver that form to another person with intent that it be used
12as an affidavit or acknowledgment.
13    (d) A notary public shall not take the acknowledgment of or
14administer an oath to any person whom the notary actually knows
15to have been adjudged mentally ill by a court of competent
16jurisdiction and who has not been restored to mental health as
17a matter of record.
18    (e) A notary public shall not take the acknowledgment of
19any person who is blind until the notary has read the
20instrument to such person.
21    (f) A notary public shall not take the acknowledgment of
22any person who does not speak or understand the English
23language, unless the nature and effect of the instrument to be
24notarized is translated into a language which the person does
25understand.

 

 

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1    (g) A notary public shall not change anything in a written
2instrument after it has been signed by anyone.
3    (h) No notary public shall be authorized to prepare any
4legal instrument, or fill in the blanks of an instrument, other
5than a notary certificate; however, this prohibition shall not
6prohibit an attorney, who is also a notary public, from
7performing notarial acts for any document prepared by that
8attorney.
9    (i) If a notary public accepts or receives any money from
10any one to whom an oath has been administered or on behalf of
11whom an acknowledgment has been taken for the purpose of
12transmitting or forwarding such money to another and willfully
13fails to transmit or forward such money promptly, the notary is
14personally liable for any loss sustained because of such
15failure. The person or persons damaged by such failure may
16bring an action to recover damages, together with interest and
17reasonable attorney fees, against such notary public or his
18bondsmen.
19(Source: P.A. 85-421.)