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Sen. Napoleon Harris, III
Filed: 4/26/2013
| | 09800HB2269sam001 | | LRB098 10267 JDS 45079 a |
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| 1 | | AMENDMENT TO HOUSE BILL 2269
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| 2 | | AMENDMENT NO. ______. Amend House Bill 2269 as follows:
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| 3 | | on page 1, in line 5, by replacing "Section 3-102" with |
| 4 | | "Sections 3-102 and 3-104"; and
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| 5 | | on page 9, by replacing lines 2 through 7 with the following: |
| 6 | | "(l) Beginning July 1, 2013, at
the time of notarization, a |
| 7 | | notary public shall officially sign every
notary certificate |
| 8 | | and affix the rubber stamp seal clearly and legibly
using black |
| 9 | | ink, so that it is capable of photographic reproduction. The
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| 10 | | illegibility of any of the information required by this Section |
| 11 | | does not
affect the validity of a transaction."; and
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| 12 | | on page 9, immediately below line 8, by inserting the |
| 13 | | following:
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| 14 | | "(5 ILCS 312/3-104) (from Ch. 102, par. 203-104)
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| 1 | | Sec. 3-104. Maximum Fee. |
| 2 | | (a) Except as provided in subsection (b) of this Section, |
| 3 | | the maximum
fee in this State is $1.00 for any notarial act |
| 4 | | performed and, until July 1, 2018 2013, up to $25 for any |
| 5 | | notarial act performed pursuant to Section 3-102.
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| 6 | | (b) Fees for a notary public, agency, or any other person |
| 7 | | who is not
an attorney or an accredited representative filling |
| 8 | | out immigration forms shall be limited to the following:
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| 9 | | (1) $10 per form completion;
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| 10 | | (2) $10 per page for the translation of a non-English |
| 11 | | language into English where such translation is required |
| 12 | | for immigration forms;
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| 13 | | (3) $1 for notarizing;
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| 14 | | (4) $3 to execute any procedures necessary to obtain a |
| 15 | | document required to complete immigration forms; and
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| 16 | | (5) A maximum of $75 for one complete application.
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| 17 | | Fees authorized under this subsection shall not include |
| 18 | | application fees
required to be submitted with immigration |
| 19 | | applications.
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| 20 | | Any person who violates the provisions of this subsection |
| 21 | | shall be guilty
of a Class A misdemeanor for a first offense |
| 22 | | and a Class 3 felony for a
second or subsequent offense |
| 23 | | committed within 5 years of a previous
conviction for the same |
| 24 | | offense.
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| 25 | | (c) Upon his own information or upon complaint of any |
| 26 | | person, the
Attorney General or any State's Attorney, or their |
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| 1 | | designee, may maintain
an action for injunctive relief in the |
| 2 | | court against any notary public or
any other person who
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| 3 | | violates the provisions of subsection (b) of this Section. |
| 4 | | These
remedies are in addition to, and not in substitution for, |
| 5 | | other available remedies.
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| 6 | | If the Attorney General or any State's Attorney fails to |
| 7 | | bring an action
as provided pursuant to this subsection within |
| 8 | | 90 days of receipt of a complaint, any person may file a civil
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| 9 | | action to enforce the provisions of this subsection and |
| 10 | | maintain an action
for injunctive relief.
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| 11 | | (d) All notaries public must provide receipts and keep |
| 12 | | records for fees accepted for services provided. Failure to |
| 13 | | provide receipts and keep records that can be presented as |
| 14 | | evidence of no wrongdoing shall be construed as a presumptive |
| 15 | | admission of allegations raised in complaints against the |
| 16 | | notary for violations related to accepting prohibited fees.
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| 17 | | (Source: P.A. 95-988, eff. 6-1-09.)".
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