HB5926 99TH GENERAL ASSEMBLY

  
  
 

 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5926
 
Introduced , by Rep. Laura Fine
 
SYNOPSIS AS INTRODUCED:
 

 
  
5 ILCS 312/3-104  from Ch. 102, par. 203-104

     Amends the Illinois Notary Public Act. Provides that, except as otherwise indicated, the maximum fee in this State for any notarial act performed is $3.00 (currently, $1.00).
  


LRB099 18517 RJF 42896 b

FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB5926LRB099 18517 RJF 42896 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 Section 3-104 as follows:
 


6    (5 ILCS 312/3-104)  (from Ch. 102, par. 203-104)



7    Sec. 3-104. Maximum Fee. 
8    (a) Except as provided in subsection (b) of this Section, 
9the maximum
fee in this State is $3.00 $1.00 for any notarial 
10act performed and, until July 1, 2018, up to $25 for any 
11notarial act performed pursuant to Section 3-102.

12    (b) Fees for a notary public, agency, or any other person 
13who is not
an attorney or an accredited representative filling 
14out immigration forms shall be limited to the following:

15        (1) $10 per form completion;

16        (2) $10 per page for the translation of a non-English 
17    language into English where such translation is required 
18    for immigration forms;

19        (3) $1 for notarizing;

20        (4) $3 to execute any procedures necessary to obtain a 
21    document required to complete immigration forms; and

22        (5) A maximum of $75 for one complete application.

23    Fees authorized under this subsection shall not include 
 
 
HB5926- 2 -LRB099 18517 RJF 42896 b

1application fees
required to be submitted with immigration 
2applications.

3    Any person who violates the provisions of this subsection 
4shall be guilty
of a Class A misdemeanor for a first offense 
5and a Class 3 felony for a
second or subsequent offense 
6committed within 5 years of a previous
conviction for the same 
7offense.

8    (c) Upon his own information or upon complaint of any 
9person, the
Attorney General or any State's Attorney, or their 
10designee, may maintain
an action for injunctive relief in the 
11court against any notary public or
any other person who

12violates the provisions of subsection (b) of this Section.  
13These
remedies are in addition to, and not in substitution for, 
14other available remedies.

15    If the Attorney General or any State's Attorney fails to 
16bring an action
as provided pursuant to this subsection within 
1790 days of receipt of a complaint, any person may file a civil

18action to enforce the provisions of this subsection and 
19maintain an action
for injunctive relief.

20    (d) All notaries public must provide receipts and keep 
21records for fees accepted for services provided.  Failure to 
22provide receipts and keep records that can be presented as 
23evidence of no wrongdoing shall be construed as a presumptive 
24admission of allegations raised in complaints against the 
25notary for violations related to accepting prohibited fees.

26(Source: P.A. 98-29, eff. 6-21-13.)