Bill Status of HB 2176   101st General Assembly

Short Description:  NOTARY PUBLIC-NOTICE

House Sponsors
Rep. Celina Villanueva-Barbara Hernandez-Elizabeth Hernandez-Jonathan Carroll-John Connor, Kathleen Willis, Sam Yingling and Will Guzzardi

Senate Sponsors
(Sen. Iris Y. Martinez-Kimberly A. Lightford)


Last Action  View All Actions

DateChamber Action
  8/23/2019HousePublic Act . . . . . . . . . 101-0465

Statutes Amended In Order of Appearance
5 ILCS 312/3-103from Ch. 102, par. 203-103

Synopsis As Introduced
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.

House Committee Amendment No. 1
Requires every notary public who is not an attorney or an accredited immigration representative to, prior to rendering notary services, provide any person seeking notary services with a written acknowledgment. Provides for the contents of the written acknowledgment. Provides that the provision shall not apply to notary services related to documents prepared or produced in accordance with the Illinois Election Code. Removes provisions concerning a verbal disavowal of legal representation and the production of an acknowledgment form reciting the disavowal of legal representation to be signed by the person seeking notary services.

House Floor Amendment No. 2
Provides that every notary public who is subject to specified provisions and who is not an attorney or an accredited immigration representative (currently, who is not an attorney or an accredited immigration representative only) shall, prior to rendering notary services, provide any person seeking notary services with a written acknowledgment. Provides that the acknowledgment shall be signed by the recipient of notary services before notary services are rendered, and the notary shall retain copies of all signed acknowledgments throughout their present commission and for 2 years thereafter. Provides that notaries shall provide recipients of notary services with a copy of their signed acknowledgment at the time services are rendered.

Senate Committee Amendment No. 1
Requires notaries public to provide a written acknowledgment in English and the language used in the advertisement for notary services. Requires the Office of the Secretary of State to translate an acknowledgment concerning notary services into Spanish and any other language the Secretary of State may deem necessary to achieve specified requirements, and to make the translations available on the website of the Secretary of State. Makes other changes.

Actions 
DateChamber Action
  2/6/2019HouseFiled with the Clerk by Rep. Celina Villanueva
  2/7/2019HouseFirst Reading
  2/7/2019HouseReferred to Rules Committee
  2/19/2019HouseAssigned to Executive Committee
  2/27/2019HouseAdded Co-Sponsor Rep. Kathleen Willis
  2/27/2019HouseAdded Co-Sponsor Rep. Sam Yingling
  3/12/2019HouseAdded Chief Co-Sponsor Rep. Barbara Hernandez
  3/20/2019HouseAdded Chief Co-Sponsor Rep. Elizabeth Hernandez
  3/21/2019HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Celina Villanueva
  3/21/2019HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/25/2019HouseAdded Co-Sponsor Rep. Jonathan Carroll
  3/26/2019HouseHouse Committee Amendment No. 1 Rules Refers to Executive Committee
  3/27/2019HouseHouse Committee Amendment No. 1 Adopted in Executive Committee; by Voice Vote
  3/27/2019HouseDo Pass as Amended / Short Debate Executive Committee; 013-000-000
  3/29/2019HousePlaced on Calendar 2nd Reading - Short Debate
  4/5/2019HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Celina Villanueva
  4/5/2019HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/9/2019HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  4/9/2019HouseSecond Reading - Short Debate
  4/9/2019HouseHouse Floor Amendment No. 2 Adopted
  4/9/2019HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/9/2019HouseAdded Chief Co-Sponsor Rep. Jonathan Carroll
  4/9/2019HouseAdded Chief Co-Sponsor Rep. John Connor
  4/9/2019HouseRemoved Co-Sponsor Rep. Jonathan Carroll
  4/9/2019HouseAdded Co-Sponsor Rep. Will Guzzardi
  4/10/2019HouseThird Reading - Short Debate - Passed 111-000-000
  4/10/2019SenateArrive in Senate
  4/10/2019SenatePlaced on Calendar Order of First Reading April 11, 2019
  4/11/2019SenateChief Senate Sponsor Sen. Iris Y. Martinez
  4/11/2019SenateFirst Reading
  4/11/2019SenateReferred to Assignments
  4/24/2019SenateAssigned to Judiciary
  5/2/2019SenatePostponed - Judiciary
  5/3/2019SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Iris Y. Martinez
  5/3/2019SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/6/2019SenateAdded as Alternate Chief Co-Sponsor Sen. Kimberly A. Lightford
  5/7/2019SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  5/7/2019SenateSenate Committee Amendment No. 1 Adopted
  5/8/2019SenateDo Pass as Amended Judiciary; 010-000-000
  5/8/2019SenatePlaced on Calendar Order of 2nd Reading May 9, 2019
  5/17/2019SenateSecond Reading
  5/17/2019SenatePlaced on Calendar Order of 3rd Reading May 20, 2019
  5/21/2019SenateThird Reading - Passed; 055-000-000
  5/21/2019HouseArrived in House
  5/21/2019HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/23/2019HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Celina Villanueva
  5/23/2019HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/23/2019HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/29/2019HouseSenate Committee Amendment No. 1 House Concurs 113-000-000
  5/29/2019HouseHouse Concurs
  5/29/2019HousePassed Both Houses
  6/27/2019HouseSent to the Governor
  8/23/2019HouseGovernor Approved
  8/23/2019HouseEffective Date January 1, 2020
  8/23/2019HousePublic Act . . . . . . . . . 101-0465

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