Full Text of HB2604 100th General Assembly
HB2604eng 100TH 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 Sections 3-101, 3-103, 3-104, 6-103, and 6-104 as | 6 | | follows:
| 7 | | (5 ILCS 312/3-101) (from Ch. 102, par. 203-101)
| 8 | | Sec. 3-101. Official Seal and Signature . | 9 | | (a) Each notary public shall, upon receiving the commission | 10 | | from the county
clerk, obtain an official rubber stamp seal | 11 | | with which the notary shall
authenticate his official acts. The | 12 | | rubber stamp seal shall contain the
following information:
| 13 | | (1)
the words "Official Seal";
| 14 | | (2)
the notary's official name;
| 15 | | (3)
the words "Notary Public", "State of Illinois", and | 16 | | "My commission
expires____________(commission expiration | 17 | | date)"; and
| 18 | | (4)
a serrated or milled edge border in a rectangular | 19 | | form not more than
one inch in height by two and one-half | 20 | | inches in length surrounding the information.
| 21 | | (b) At the time of the notarial act, a notary public shall | 22 | | officially sign every notary certificate and affix the rubber | 23 | | stamp seal clearly and legibly using black ink, so that it is |
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| 1 | | capable of photographic reproduction. The illegibility of any | 2 | | of the information required by this Section does not affect the | 3 | | validity of a transaction. | 4 | | This subsection does not apply on or after July 1, 2013. | 5 | | (Source: P.A. 95-988, eff. 6-1-09 .)
| 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 AND MAY NOT GIVE LEGAL ADVICE OR | 21 | | ACCEPT FEES FOR
LEGAL ADVICE". If such advertisement is by | 22 | | radio or television, the
statement may be modified but must | 23 | | include substantially the same message.
| 24 | | A notary public shall not, in any document, advertisement, | 25 | | stationery, letterhead, business card, electronic |
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| 1 | | communication, or other comparable written material describing | 2 | | the role of the notary public, literally translate from English | 3 | | into another language terms or titles including, but not | 4 | | limited to, notary public, notary, licensed, attorney, lawyer, | 5 | | or any other term that implies the person is an attorney. To | 6 | | illustrate, the word "notario" is prohibited under this | 7 | | provision.
| 8 | | Failure to follow the procedures in this Section shall | 9 | | result in a fine of $1,000 for each written violation. The | 10 | | second violation shall result in suspension of notary | 11 | | authorization. The third violation shall result in permanent | 12 | | revocation of the commission of notary public. Violations shall | 13 | | not preempt or preclude additional appropriate civil or | 14 | | criminal penalties.
| 15 | | (b) All notaries public required to comply with the | 16 | | provisions of
subsection (a) shall prominently post at their | 17 | | place of business as recorded
with the Secretary of State | 18 | | pursuant to Section 2-102 of this Act a schedule
of fees | 19 | | established by law which a notary public may charge. The fee
| 20 | | schedule shall be written in English and in the non-English | 21 | | language in
which notary services were solicited and shall | 22 | | contain the disavowal of
legal representation required above in | 23 | | subsection (a), unless such notice of disavowal
is already | 24 | | prominently posted.
| 25 | | (c) No notary public, agency or any other person who is not | 26 | | an
attorney shall represent, hold themselves out or advertise |
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| 1 | | that they are
experts on immigration matters or provide any | 2 | | other assistance that requires legal analysis, legal judgment, | 3 | | or interpretation of the law unless they are a designated | 4 | | entity as
defined pursuant to Section 245a.1 of Part 245a of | 5 | | the Code of Federal
Regulations (8 CFR 245a.1) or an entity | 6 | | accredited by the Board of Immigration Appeals.
| 7 | | (d) Any person who aids, abets or otherwise induces another | 8 | | person to
give false information concerning immigration status | 9 | | shall be guilty of a
Class A misdemeanor for a first offense | 10 | | and a Class 3 felony for a second
or subsequent offense | 11 | | committed within 5 years of a previous conviction for
the same | 12 | | offense.
| 13 | | Any notary public who violates the provisions of this | 14 | | Section shall be
guilty of official misconduct and subject to | 15 | | fine or imprisonment.
| 16 | | Nothing in this Section shall preclude any consumer of | 17 | | notary public
services from pursuing other civil remedies | 18 | | available under the law.
| 19 | | (e) No notary public who is not an attorney or an | 20 | | accredited representative shall accept payment in exchange for | 21 | | providing legal advice or any other assistance that requires | 22 | | legal analysis, legal judgment, or interpretation of the law. | 23 | | (f) Violation of subsection (e) is a business offense | 24 | | punishable by a fine of 3 times the amount received for | 25 | | services, or $1,001 minimum, and restitution of the amount paid | 26 | | to the consumer. Nothing in this Section shall be construed to |
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| 1 | | preempt nor preclude additional appropriate civil remedies or | 2 | | criminal charges available under law. | 3 | | (g) If a notary public of this State is convicted of 2 or | 4 | | more business offenses involving a violation of this Act within | 5 | | a 12-month period while commissioned, or of 3 or more business | 6 | | offenses involving a violation of this Act within a 5-year | 7 | | period regardless of being commissioned, the Secretary shall | 8 | | automatically revoke the notary public commission of that | 9 | | person on the date that the person's most recent business | 10 | | offense conviction is entered as a final judgment.
| 11 | | (Source: P.A. 93-1001, eff. 8-23-04.)
| 12 | | (5 ILCS 312/3-104) (from Ch. 102, par. 203-104)
| 13 | | Sec. 3-104. Maximum Fee. | 14 | | (a) Except as provided in subsection (b) of this Section, | 15 | | the maximum
fee in this State is $5.00 $1.00 for any notarial | 16 | | act performed and, until July 1, 2018, up to $25 for any | 17 | | notarial act performed pursuant to Section 3-102.
| 18 | | (b) Fees for a notary public, agency, or any other person | 19 | | who is not
an attorney or an accredited representative filling | 20 | | out immigration forms shall be limited to the following:
| 21 | | (1) $10 per form completion;
| 22 | | (2) $10 per page for the translation of a non-English | 23 | | language into English where such translation is required | 24 | | for immigration forms;
| 25 | | (3) $5 $1 for notarizing;
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| 1 | | (4) $3 to execute any procedures necessary to obtain a | 2 | | document required to complete immigration forms; and
| 3 | | (5) A maximum of $75 for one complete application.
| 4 | | Fees authorized under this subsection shall not include | 5 | | application fees
required to be submitted with immigration | 6 | | applications.
| 7 | | Any person who violates the provisions of this subsection | 8 | | shall be guilty
of a Class A misdemeanor for a first offense | 9 | | and a Class 3 felony for a
second or subsequent offense | 10 | | committed within 5 years of a previous
conviction for the same | 11 | | offense .
| 12 | | (c) Upon his own information or upon complaint of any | 13 | | person, the
Attorney General or any State's Attorney, or their | 14 | | designee, may maintain
an action for injunctive relief in the | 15 | | court against any notary public or
any other person who
| 16 | | violates the provisions of subsection (b) of this Section. | 17 | | These
remedies are in addition to, and not in substitution for, | 18 | | other available remedies.
| 19 | | If the Attorney General or any State's Attorney fails to | 20 | | bring an action
as provided pursuant to this subsection within | 21 | | 90 days of receipt of a complaint, any person may file a civil
| 22 | | action to enforce the provisions of this subsection and | 23 | | maintain an action
for injunctive relief.
| 24 | | (d) All notaries public must provide itemized receipts and | 25 | | keep records for fees accepted for services provided. Failure | 26 | | to provide itemized receipts and keep records that can be |
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| 1 | | presented as evidence of no wrongdoing shall be construed as a | 2 | | presumptive admission of allegations raised in complaints | 3 | | against the notary for violations related to accepting | 4 | | prohibited fees.
| 5 | | (Source: P.A. 98-29, eff. 6-21-13.)
| 6 | | (5 ILCS 312/6-103) (from Ch. 102, par. 206-103)
| 7 | | Sec. 6-103. Certificate of Notarial Acts. | 8 | | (a) A notarial act must be evidenced by a certificate | 9 | | signed and dated
by the notary public. The certificate must | 10 | | include identification of the
jurisdiction in which the | 11 | | notarial act is performed and the official seal of office.
| 12 | | (b) A certificate of a notarial act is sufficient if it | 13 | | meets the
requirements of subsection (a) and it:
| 14 | | (1) is in the short form set forth in Section 6-105;
| 15 | | (2) is in a form otherwise prescribed by the law of | 16 | | this State; or
| 17 | | (3) sets forth the actions of the notary public and | 18 | | those are
sufficient to meet the requirements of the | 19 | | designated notarial act.
| 20 | | (c) At the time of a notarial act, a notary public shall | 21 | | officially sign every notary certificate and affix the rubber | 22 | | stamp seal clearly and legibly using black ink, so that it is | 23 | | capable of photographic reproduction. The illegibility of any | 24 | | of the information required under this Section does not affect | 25 | | the validity of a transaction. |
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| 1 | | (Source: P.A. 84-322 .)
| 2 | | (5 ILCS 312/6-104) (from Ch. 102, par. 206-104)
| 3 | | Sec. 6-104. Acts Prohibited. | 4 | | (a) A notary public shall not use any name or initial in | 5 | | signing
certificates other than that by which the notary was | 6 | | commissioned.
| 7 | | (b) A notary public shall not acknowledge any instrument in | 8 | | which the
notary's name appears as a party to the transaction.
| 9 | | (c) A notary public shall not affix his signature to a | 10 | | blank form of
affidavit or certificate of acknowledgment and | 11 | | deliver that form to another
person with intent that it be used | 12 | | as an affidavit or acknowledgment .
| 13 | | (d) A notary public shall not take the acknowledgment of or | 14 | | administer
an oath to any person whom the notary actually knows | 15 | | to have been adjudged
mentally ill by a court of competent | 16 | | jurisdiction and who has not been
restored to mental health as | 17 | | a matter of record.
| 18 | | (e) A notary public shall not take the acknowledgment of | 19 | | any person who
is blind until the notary has read the | 20 | | instrument to such person.
| 21 | | (f) A notary public shall not take the acknowledgment of | 22 | | any person who
does not speak or understand the English | 23 | | language, unless the nature and
effect of the instrument to be | 24 | | notarized is translated into a language
which the person does | 25 | | understand.
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| 1 | | (g) A notary public shall not change anything in a written | 2 | | instrument
after it has been signed by anyone.
| 3 | | (h) No notary public shall be authorized to prepare any | 4 | | legal
instrument, or fill in the blanks of an instrument, other | 5 | | than a notary
certificate; however, this prohibition shall not | 6 | | prohibit an attorney,
who is also a notary public, from | 7 | | performing notarial acts for any document
prepared by that | 8 | | attorney.
| 9 | | (i) If a notary public accepts or receives any money from | 10 | | any one to
whom an oath has been administered or on behalf of | 11 | | whom an acknowledgment
has been taken for the purpose of | 12 | | transmitting or forwarding such money to
another and willfully | 13 | | fails to transmit or forward such money promptly, the
notary is | 14 | | personally liable for any loss sustained because of such | 15 | | failure.
The person or persons damaged by such failure may | 16 | | bring an action to
recover damages, together with interest and | 17 | | reasonable attorney fees,
against such notary public or his | 18 | | bondsmen.
| 19 | | (Source: P.A. 85-421 .)
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