Illinois General Assembly - Full Text of HB2176
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Full Text of HB2176  101st General Assembly

HB2176 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2176

 

Introduced , by Rep. Celina Villanueva

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 312/3-103  from Ch. 102, par. 203-103

    Amends the Illinois Notary Public Act. Modifies the required disavowal of legal representation notice. Provides that the failure of a notary public to follow specified notice requirements shall result in a fine of $1,500 (currently, $1,000) for each written violation. Provides that a second (rather than third) violation shall result in permanent revocation of the commission of notary public (currently, a second violation results in suspension of notary authorization). Provides that prior to rendering notary public services to a person seeking such services, a notary public shall, in addition to any written or electronic notice, also give a verbal disavowal of legal representation that is substantially the same as the statement required for written and electronic advertisements of notary services. Provides that upon providing the verbal disavowal of legal representation, the person seeking notary services shall be provided with an acknowledgment form reciting the disavowal of legal representation, and be required to sign such form acknowledging that he or she has been advised and understands that the notary public is not a licensed attorney and is not otherwise authorized to provide legal advice or services. Provides that the acknowledgment form shall be prescribed by the Secretary of State and be made available in English and in the non-English language in which notary services were solicited.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 3-103 as follows:
 
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. I AM NOT ALLOWED TO DRAFT LEGAL
21DOCUMENTS OR RECORDS, NOR MAY I AND MAY NOT GIVE LEGAL ADVICE
22ON ANY MATTER, INCLUDING, BUT NOT LIMITED TO, MATTERS OF
23IMMIGRATION, OR ACCEPT OR CHARGE FEES FOR THE PERFORMANCE OF

 

 

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1THOSE ACTIVITIES LEGAL ADVICE". If such advertisement is by
2radio or television, the statement may be modified but must
3include substantially the same message.
4    A notary public shall not, in any document, advertisement,
5stationery, letterhead, business card, electronic
6communication, or other comparable written material describing
7the role of the notary public, literally translate from English
8into another language terms or titles including, but not
9limited to, notary public, notary, licensed, attorney, lawyer,
10or any other term that implies the person is an attorney. To
11illustrate, the word "notario" is prohibited under this
12provision.
13    Failure to follow the procedures in this Section shall
14result in a fine of $1,500 $1,000 for each written violation.
15The second violation shall result in suspension of notary
16authorization. The second third violation shall result in
17permanent revocation of the commission of notary public.
18Violations shall not preempt or preclude additional
19appropriate civil or criminal penalties.
20    (b) All notaries public required to comply with the
21provisions of subsection (a) shall prominently post at their
22place of business as recorded with the Secretary of State
23pursuant to Section 2-102 of this Act a schedule of fees
24established by law which a notary public may charge. The fee
25schedule shall be written in English and in the non-English
26language in which notary services were solicited and shall

 

 

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1contain the disavowal of legal representation required above in
2subsection (a), unless such notice of disavowal is already
3prominently posted.
4    (c) No notary public, agency or any other person who is not
5an attorney shall represent, hold themselves out or advertise
6that they are experts on immigration matters or provide any
7other assistance that requires legal analysis, legal judgment,
8or interpretation of the law unless they are a designated
9entity as defined pursuant to Section 245a.1 of Part 245a of
10the Code of Federal Regulations (8 CFR 245a.1) or an entity
11accredited by the Board of Immigration Appeals.
12    (c-5) Prior to rendering notary public services to a person
13seeking such services under this Act, a notary public shall, in
14addition to any written or electronic notice, also give a
15verbal disavowal of legal representation that is substantially
16the same as the statement required under subsection (a). Upon
17providing the verbal disavowal of legal representation, the
18person seeking notary services shall be provided with an
19acknowledgment form reciting the disavowal of legal
20representation, and be required to sign such form acknowledging
21that he or she has been advised and understands that the notary
22public is not a licensed attorney and is not otherwise
23authorized to provide legal advice or services. The
24acknowledgment form required under this subsection (c-5) shall
25be prescribed by the Secretary of State and be made available
26in English and in the non-English language in which notary

 

 

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1services were solicited.
2    (d) Any person who aids, abets or otherwise induces another
3person to give false information concerning immigration status
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    Any notary public who violates the provisions of this
9Section shall be guilty of official misconduct and subject to
10fine or imprisonment.
11    Nothing in this Section shall preclude any consumer of
12notary public services from pursuing other civil remedies
13available under the law.
14    (e) No notary public who is not an attorney or an
15accredited representative shall accept payment in exchange for
16providing legal advice or any other assistance that requires
17legal analysis, legal judgment, or interpretation of the law.
18    (f) Violation of subsection (e) is a business offense
19punishable by a fine of 3 times the amount received for
20services, or $1,001 minimum, and restitution of the amount paid
21to the consumer. Nothing in this Section shall be construed to
22preempt nor preclude additional appropriate civil remedies or
23criminal charges available under law.
24    (g) If a notary public of this State is convicted of 2 or
25more business offenses involving a violation of this Act within
26a 12-month period while commissioned, or of 3 or more business

 

 

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1offenses involving a violation of this Act within a 5-year
2period regardless of being commissioned, the Secretary shall
3automatically revoke the notary public commission of that
4person on the date that the person's most recent business
5offense conviction is entered as a final judgment.
6(Source: P.A. 100-81, eff. 1-1-18.)