Sen. Napoleon Harris, III

Filed: 4/26/2013

 

 


 

 


 
09800HB2269sam001LRB098 10267 JDS 45079 a

1
AMENDMENT TO HOUSE BILL 2269

2    AMENDMENT NO. ______. Amend House Bill 2269 as follows:
 
3on page 1, in line 5, by replacing "Section 3-102" with
4"Sections 3-102 and 3-104"; and
 
5on page 9, by replacing lines 2 through 7 with the following:
6    "(l) Beginning July 1, 2013, at the time of notarization, a
7notary public shall officially sign every notary certificate
8and affix the rubber stamp seal clearly and legibly using black
9ink, so that it is capable of photographic reproduction. The
10illegibility of any of the information required by this Section
11does not affect the validity of a transaction."; and
 
12on page 9, immediately below line 8, by inserting the
13following:
 
14    "(5 ILCS 312/3-104)  (from Ch. 102, par. 203-104)

 

 

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1    Sec. 3-104. Maximum Fee.
2    (a) Except as provided in subsection (b) of this Section,
3the maximum fee in this State is $1.00 for any notarial act
4performed and, until July 1, 2018 2013, up to $25 for any
5notarial act performed pursuant to Section 3-102.
6    (b) Fees for a notary public, agency, or any other person
7who is not an attorney or an accredited representative filling
8out immigration forms shall be limited to the following:
9        (1) $10 per form completion;
10        (2) $10 per page for the translation of a non-English
11    language into English where such translation is required
12    for immigration forms;
13        (3) $1 for notarizing;
14        (4) $3 to execute any procedures necessary to obtain a
15    document required to complete immigration forms; and
16        (5) A maximum of $75 for one complete application.
17    Fees authorized under this subsection shall not include
18application fees required to be submitted with immigration
19applications.
20    Any person who violates the provisions of this subsection
21shall be guilty of a Class A misdemeanor for a first offense
22and a Class 3 felony for a second or subsequent offense
23committed within 5 years of a previous conviction for the same
24offense.
25    (c) Upon his own information or upon complaint of any
26person, the Attorney General or any State's Attorney, or their

 

 

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1designee, may maintain an action for injunctive relief in the
2court against any notary public or any other person who
3violates the provisions of subsection (b) of this Section.
4These remedies are in addition to, and not in substitution for,
5other available remedies.
6    If the Attorney General or any State's Attorney fails to
7bring an action as provided pursuant to this subsection within
890 days of receipt of a complaint, any person may file a civil
9action to enforce the provisions of this subsection and
10maintain an action for injunctive relief.
11    (d) All notaries public must provide receipts and keep
12records for fees accepted for services provided. Failure to
13provide receipts and keep records that can be presented as
14evidence of no wrongdoing shall be construed as a presumptive
15admission of allegations raised in complaints against the
16notary for violations related to accepting prohibited fees.
17(Source: P.A. 95-988, eff. 6-1-09.)".