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 Reinserts the 10-year period during which an applicant must not have held any notary appointment that was revoked, suspended, or canceled.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.