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: |
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5 ILCS 312/3-103 | from Ch. 102, par. 203-103 |
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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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Notary Public Act is amended by | 5 | | changing 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 | 9 | | accredited immigration representative who advertises the | 10 | | services
of a notary public in a language other than English, | 11 | | whether by radio,
television, signs, pamphlets, newspapers, | 12 | | electronic communications, or other written communication,
| 13 | | with the exception of a single desk plaque,
shall include in | 14 | | the document, advertisement, stationery, letterhead, business | 15 | | card, or other comparable written or electronic material the | 16 | | following: notice in English and the
language in which the | 17 | | written or electronic communication appears. This notice shall | 18 | | be of a
conspicuous size, if in writing or electronic | 19 | | communication, and shall state: "I AM NOT AN ATTORNEY LICENSED | 20 | | TO
PRACTICE LAW IN ILLINOIS . I AM NOT ALLOWED TO DRAFT LEGAL | 21 | | DOCUMENTS OR RECORDS, NOR MAY I AND MAY NOT GIVE LEGAL ADVICE | 22 | | ON ANY MATTER, INCLUDING, BUT NOT LIMITED TO, MATTERS OF | 23 | | IMMIGRATION, OR ACCEPT OR CHARGE FEES FOR THE PERFORMANCE OF |
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| 1 | | THOSE ACTIVITIES
LEGAL ADVICE ". If such advertisement is by | 2 | | radio or television, the
statement may be modified but must | 3 | | include substantially the same message.
| 4 | | A notary public shall not, in any document, advertisement, | 5 | | stationery, letterhead, business card, electronic | 6 | | communication, or other comparable written material describing | 7 | | the role of the notary public, literally translate from English | 8 | | into another language terms or titles including, but not | 9 | | limited to, notary public, notary, licensed, attorney, lawyer, | 10 | | or any other term that implies the person is an attorney. To | 11 | | illustrate, the word "notario" is prohibited under this | 12 | | provision.
| 13 | | Failure to follow the procedures in this Section shall | 14 | | result in a fine of $1,500 $1,000 for each written violation. | 15 | | The second violation shall result in suspension of notary | 16 | | authorization. The second third violation shall result in | 17 | | permanent revocation of the commission of notary public. | 18 | | Violations shall not preempt or preclude additional | 19 | | appropriate civil or criminal penalties.
| 20 | | (b) All notaries public required to comply with the | 21 | | provisions of
subsection (a) shall prominently post at their | 22 | | place of business as recorded
with the Secretary of State | 23 | | pursuant to Section 2-102 of this Act a schedule
of fees | 24 | | established by law which a notary public may charge. The fee
| 25 | | schedule shall be written in English and in the non-English | 26 | | language in
which notary services were solicited and shall |
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| 1 | | contain the disavowal of
legal representation required above in | 2 | | subsection (a), unless such notice of disavowal
is already | 3 | | prominently posted.
| 4 | | (c) No notary public, agency or any other person who is not | 5 | | an
attorney shall represent, hold themselves out or advertise | 6 | | that they are
experts on immigration matters or provide any | 7 | | other assistance that requires legal analysis, legal judgment, | 8 | | or interpretation of the law unless they are a designated | 9 | | entity as
defined pursuant to Section 245a.1 of Part 245a of | 10 | | the Code of Federal
Regulations (8 CFR 245a.1) or an entity | 11 | | accredited by the Board of Immigration Appeals.
| 12 | | (c-5) Prior to rendering notary public services to a person | 13 | | seeking such services under this Act, a notary public shall, in | 14 | | addition to any written or electronic notice, also give a | 15 | | verbal disavowal of legal representation that is substantially | 16 | | the same as the statement required under subsection (a). Upon | 17 | | providing the verbal disavowal of legal representation, the | 18 | | person seeking notary services shall be provided with an | 19 | | acknowledgment form reciting the disavowal of legal | 20 | | representation, and be required to sign such form acknowledging | 21 | | that he or she has been advised and understands that the notary | 22 | | public is not a licensed attorney and is not otherwise | 23 | | authorized to provide legal advice or services. The | 24 | | acknowledgment form required under this subsection (c-5) shall | 25 | | be prescribed by the Secretary of State and be made available | 26 | | in English and in the non-English language in which notary |
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| 1 | | services were solicited. | 2 | | (d) Any person who aids, abets or otherwise induces another | 3 | | person to
give false information concerning immigration status | 4 | | shall be guilty of a
Class A misdemeanor for a first offense | 5 | | and a Class 3 felony for a second
or subsequent offense | 6 | | committed within 5 years of a previous conviction for
the same | 7 | | offense.
| 8 | | Any notary public who violates the provisions of this | 9 | | Section shall be
guilty of official misconduct and subject to | 10 | | fine or imprisonment.
| 11 | | Nothing in this Section shall preclude any consumer of | 12 | | notary public
services from pursuing other civil remedies | 13 | | available under the law.
| 14 | | (e) No notary public who is not an attorney or an | 15 | | accredited representative shall accept payment in exchange for | 16 | | providing legal advice or any other assistance that requires | 17 | | legal analysis, legal judgment, or interpretation of the law. | 18 | | (f) Violation of subsection (e) is a business offense | 19 | | punishable by a fine of 3 times the amount received for | 20 | | services, or $1,001 minimum, and restitution of the amount paid | 21 | | to the consumer. Nothing in this Section shall be construed to | 22 | | preempt nor preclude additional appropriate civil remedies or | 23 | | criminal charges available under law. | 24 | | (g) If a notary public of this State is convicted of 2 or | 25 | | more business offenses involving a violation of this Act within | 26 | | a 12-month period while commissioned, or of 3 or more business |
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| 1 | | offenses involving a violation of this Act within a 5-year | 2 | | period regardless of being commissioned, the Secretary shall | 3 | | automatically revoke the notary public commission of that | 4 | | person on the date that the person's most recent business | 5 | | offense conviction is entered as a final judgment.
| 6 | | (Source: P.A. 100-81, eff. 1-1-18 .)
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