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

HB2176eng 101ST GENERAL ASSEMBLY

  
  
  

 


 
HB2176 EngrossedLRB101 06719 RJF 51746 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 3-103 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) In addition to the notice required under subsection
13(a), every notary public who is subject to Section (a) and who
14is not an attorney or an accredited immigration representative
15shall, prior to rendering notary services, provide any person
16seeking notary services with a written acknowledgment that
17substantially states, in Spanish and English, the following: "I
18AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS. I AM
19NOT ALLOWED TO DRAFT LEGAL DOCUMENTS OR RECORDS, NOR MAY I GIVE
20LEGAL ADVICE ON ANY MATTER OR ACCEPT OR CHARGE FEES FOR THE
21PERFORMANCE OF THOSE ACTIVITIES". This acknowledgment shall be
22signed by the recipient of notary services before notary
23services are rendered, and the notary shall retain copies of
24all signed acknowledgments throughout their present commission
25and for 2 years thereafter. Notaries shall provide recipients
26of notary services with a copy of their signed acknowledgment

 

 

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1at the time services are rendered. This provision shall not
2apply to notary services related to documents prepared or
3produced in accordance with the Illinois Election Code.
4    (d) Any person who aids, abets or otherwise induces another
5person to give false information concerning immigration status
6shall be guilty of a Class A misdemeanor for a first offense
7and a Class 3 felony for a second or subsequent offense
8committed within 5 years of a previous conviction for the same
9offense.
10    Any notary public who violates the provisions of this
11Section shall be guilty of official misconduct and subject to
12fine or imprisonment.
13    Nothing in this Section shall preclude any consumer of
14notary public services from pursuing other civil remedies
15available under the law.
16    (e) No notary public who is not an attorney or an
17accredited representative shall accept payment in exchange for
18providing legal advice or any other assistance that requires
19legal analysis, legal judgment, or interpretation of the law.
20    (f) Violation of subsection (e) is a business offense
21punishable by a fine of 3 times the amount received for
22services, or $1,001 minimum, and restitution of the amount paid
23to the consumer. Nothing in this Section shall be construed to
24preempt nor preclude additional appropriate civil remedies or
25criminal charges available under law.
26    (g) If a notary public of this State is convicted of 2 or

 

 

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1more business offenses involving a violation of this Act within
2a 12-month period while commissioned, or of 3 or more business
3offenses involving a violation of this Act within a 5-year
4period regardless of being commissioned, the Secretary shall
5automatically revoke the notary public commission of that
6person on the date that the person's most recent business
7offense conviction is entered as a final judgment.
8(Source: P.A. 100-81, eff. 1-1-18.)