Full Text of HB2176 101st General Assembly
HB2176eng 101ST GENERAL ASSEMBLY |
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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) In addition to the notice required under subsection | 13 | | (a), every notary public who is subject to Section (a) and who | 14 | | is not an attorney or an accredited immigration representative | 15 | | shall, prior to rendering notary services, provide any person | 16 | | seeking notary services with a written acknowledgment that | 17 | | substantially states, in Spanish and English, the following: "I | 18 | | AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS. I AM | 19 | | NOT ALLOWED TO DRAFT LEGAL DOCUMENTS OR RECORDS, NOR MAY I GIVE | 20 | | LEGAL ADVICE ON ANY MATTER OR ACCEPT OR CHARGE FEES FOR THE | 21 | | PERFORMANCE OF THOSE ACTIVITIES". This acknowledgment shall be | 22 | | signed by the recipient of notary services before notary | 23 | | services are rendered, and the notary shall retain copies of | 24 | | all signed acknowledgments throughout their present commission | 25 | | and for 2 years thereafter. Notaries shall provide recipients | 26 | | of notary services with a copy of their signed acknowledgment |
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| 1 | | at the time services are rendered. This provision shall not | 2 | | apply to notary services related to documents prepared or | 3 | | produced in accordance with the Illinois Election Code. | 4 | | (d) Any person who aids, abets or otherwise induces another | 5 | | person to
give false information concerning immigration status | 6 | | shall be guilty of a
Class A misdemeanor for a first offense | 7 | | and a Class 3 felony for a second
or subsequent offense | 8 | | committed within 5 years of a previous conviction for
the same | 9 | | offense.
| 10 | | Any notary public who violates the provisions of this | 11 | | Section shall be
guilty of official misconduct and subject to | 12 | | fine or imprisonment.
| 13 | | Nothing in this Section shall preclude any consumer of | 14 | | notary public
services from pursuing other civil remedies | 15 | | available under the law.
| 16 | | (e) No notary public who is not an attorney or an | 17 | | accredited representative shall accept payment in exchange for | 18 | | providing legal advice or any other assistance that requires | 19 | | legal analysis, legal judgment, or interpretation of the law. | 20 | | (f) Violation of subsection (e) is a business offense | 21 | | punishable by a fine of 3 times the amount received for | 22 | | services, or $1,001 minimum, and restitution of the amount paid | 23 | | to the consumer. Nothing in this Section shall be construed to | 24 | | preempt nor preclude additional appropriate civil remedies or | 25 | | criminal charges available under law. | 26 | | (g) If a notary public of this State is convicted of 2 or |
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| 1 | | more business offenses involving a violation of this Act within | 2 | | a 12-month period while commissioned, or of 3 or more business | 3 | | offenses involving a violation of this Act within a 5-year | 4 | | period regardless of being commissioned, the Secretary shall | 5 | | automatically revoke the notary public commission of that | 6 | | person on the date that the person's most recent business | 7 | | offense conviction is entered as a final judgment.
| 8 | | (Source: P.A. 100-81, eff. 1-1-18 .)
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