Full Text of SB2548 93rd General Assembly
SB2548enr 93RD GENERAL ASSEMBLY
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| AN ACT concerning notaries public.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Notary Public Act is amended by | 5 |
| changing Sections 1-104, 2-102, 3-103, and 3-104 as follows:
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| (5 ILCS 312/1-104) (from Ch. 102, par. 201-104)
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| Sec. 1-104. Notary Public and Notarization Defined. | 8 |
| (a) The terms "notary public" and "notary" are used | 9 |
| interchangeably to
mean any individual appointed and | 10 |
| commissioned to perform notarial acts.
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| (b) "Notarization" means the performance of a notarial act.
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| (c) "Accredited immigration representative" means a | 13 |
| not-for-profit organization recognized by the Board of | 14 |
| Immigration Appeals under 8 C.F.R. 292.2(a) and employees of | 15 |
| those organizations accredited under 8 C.F.R. 292.2(d).
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| (Source: P.A. 84-322.)
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| (5 ILCS 312/2-102) (from Ch. 102, par. 202-102)
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| Sec. 2-102. Application. Every applicant for appointment | 19 |
| and commission as a notary shall complete
an application form | 20 |
| furnished by the Secretary of State to be filed with
the | 21 |
| Secretary of State, stating:
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| (a) the applicant's official name, which contains his or | 23 |
| her last name
and at least the initial of the first name;
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| (b) the county in which the applicant resides
or, if the | 25 |
| applicant is a resident of a state bordering Illinois, the | 26 |
| county
in Illinois in which that person's principal place of | 27 |
| work or principal place
of business is located;
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| (c) the applicant's residence address and business | 29 |
| address, if any, or
any address at which an applicant will use | 30 |
| a notary public commission to
receive fees;
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| (d) that the applicant has resided in the State of Illinois |
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| for 30 days
preceding the application
or that the applicant who | 2 |
| is a resident of a state bordering Illinois has
worked or | 3 |
| maintained a business in Illinois for 30 days preceding the
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| application;
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| (e) that the applicant is a citizen of the United States or | 6 |
| an alien
lawfully admitted for permanent residence in the | 7 |
| United States;
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| (f) that the applicant is at least 18 years of age;
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| (g) that the applicant is able to read and write the | 10 |
| English language;
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| (h) that the applicant has never been the holder of a | 12 |
| notary public appointment that was revoked or suspended
during | 13 |
| the past 10 years the applicant's commission as notary
(if any) | 14 |
| has not been revoked ;
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| (i) that the applicant has not been convicted of a felony; | 16 |
| and
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| (j) any other information the Secretary of State deems | 18 |
| necessary.
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| (Source: P.A. 91-818, eff. 6-13-00.)
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| (5 ILCS 312/3-103) (from Ch. 102, par. 203-103)
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| Sec. 3-103. Notice. | 22 |
| (a) Every notary public who is not an attorney or an | 23 |
| accredited immigration representative who advertises the | 24 |
| services
of a notary public in a language other than English, | 25 |
| whether by radio,
television, signs, pamphlets, newspapers, or | 26 |
| other written communication,
with the exception of a single | 27 |
| desk plaque,
shall include in the document, advertisement, | 28 |
| stationery, letterhead, business card, or other comparable | 29 |
| written material the following:
post or otherwise include with | 30 |
| such advertisement a notice in English and the
language in | 31 |
| which the written communication
advertisement appears. This | 32 |
| notice shall be of a
conspicuous size, if in writing, and shall | 33 |
| state: "I AM NOT AN ATTORNEY LICENSED TO
PRACTICE LAW IN | 34 |
| ILLINOIS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR
LEGAL | 35 |
| ADVICE". If such advertisement is by radio or television, the
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| statement may be modified but must include substantially the | 2 |
| same message.
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| A notary public shall not, in any document, advertisement, | 4 |
| stationery, letterhead, business card, or other comparable | 5 |
| written material describing the role of the notary public, | 6 |
| literally translate from English into another language terms or | 7 |
| titles including, but not limited to, notary public, notary, | 8 |
| licensed, attorney, lawyer, or any other term that implies the | 9 |
| person is an attorney. To illustrate, the word "notario" is | 10 |
| prohibited under this provision.
Literal translation of the | 11 |
| phrase "Notary Public" into a language
other than English is | 12 |
| prohibited. For the purposes of this subsection,
"literal | 13 |
| translation" of a word or phrase from one language to another
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| means the translation of a word or phrase without regard to the | 15 |
| true
meaning of the word or phrase in the language which is | 16 |
| being translated.
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| Failure to follow the procedures in this Section shall | 18 |
| result in a fine of $1,000 for each written violation. The | 19 |
| second violation shall result in suspension of notary | 20 |
| authorization. The third violation shall result in permanent | 21 |
| revocation of the commission of notary public. Violations shall | 22 |
| not preempt or preclude additional appropriate civil or | 23 |
| criminal penalties.
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| (b) All notaries public required to comply with the | 25 |
| provisions of
subsection (a) shall prominently post at their | 26 |
| place of business as recorded
with the Secretary of State | 27 |
| pursuant to Section 2-102 of this Act a schedule
of fees | 28 |
| established by law which a notary public may charge. The fee
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| schedule shall be written in English and in the non-English | 30 |
| language in
which notary services were solicited and shall | 31 |
| contain the disavowal of
legal representation required above in | 32 |
| subsection (a), unless such notice of disavowal
is already | 33 |
| prominently posted.
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| (c) No notary public, agency or any other person who is not | 35 |
| an
attorney shall represent, hold themselves out or advertise | 36 |
| that they are
experts on immigration matters or provide any |
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| other assistance that requires legal analysis, legal judgment, | 2 |
| or interpretation of the law unless they are a designated | 3 |
| entity as
defined pursuant to Section 245a.1 of Part 245a of | 4 |
| the Code of Federal
Regulations (8 CFR 245a.1) or an entity | 5 |
| accredited by the Board of Immigration Appeals.
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| (d) Any person who aids, abets or otherwise induces another | 7 |
| person to
give false information concerning immigration status | 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.
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| Any notary public who violates the provisions of this | 13 |
| Section shall be
guilty of official misconduct and subject to | 14 |
| fine or imprisonment.
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| Nothing in this Section shall preclude any consumer of | 16 |
| notary public
services from pursuing other civil remedies | 17 |
| available under the law.
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| (e) No notary public who is not an attorney or an | 19 |
| accredited representative shall accept payment in exchange for | 20 |
| providing legal advice or any other assistance that requires | 21 |
| legal analysis, legal judgment, or interpretation of the law. | 22 |
| (f) Violation of subsection (e) is a business offense | 23 |
| punishable by a fine of 3 times the amount received for | 24 |
| services, or $1,001 minimum, and restitution of the amount paid | 25 |
| to the consumer. Nothing in this Section shall be construed to | 26 |
| preempt nor preclude additional appropriate civil remedies or | 27 |
| criminal charges available under law. | 28 |
| (g) If a notary public of this State is convicted of 2 or | 29 |
| more business offenses involving a violation of this Act within | 30 |
| a 12-month period while commissioned, or of 3 or more business | 31 |
| offenses involving a violation of this Act within a 5-year | 32 |
| period regardless of being commissioned, the Secretary shall | 33 |
| automatically revoke the notary public commission of that | 34 |
| person on the date that the person's most recent business | 35 |
| offense conviction is entered as a final judgment.
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| (Source: P.A. 85-593.)
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| (5 ILCS 312/3-104) (from Ch. 102, par. 203-104)
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| Sec. 3-104. Maximum Fee. | 3 |
| (a) Except as provided in subsection (b) of this Section, | 4 |
| the maximum
fee in this State is $1.00 for any notarial act | 5 |
| performed.
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| (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
legalization forms or applications related to | 9 |
| the
Immigration Reform and Control Act of 1986 shall be limited | 10 |
| to the following
as follows :
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| (1) $10 per form completion
$75 per person ;
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| (2) $10 per page for the translation of a non-English | 13 |
| language into English where such translation is required for | 14 |
| immigration forms
$75 per person up to 4 persons per immediate | 15 |
| family, with no additional charge for a
fifth or subsequent | 16 |
| person where all persons are legally related ;
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| (3) $1 for notarizing
$10 per page for the translation of | 18 |
| a non-English language into
English where such translation is | 19 |
| required for legalization forms ;
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| (4) $3 to execute any procedures necessary to obtain a | 21 |
| document required to complete immigration forms
$1 for | 22 |
| notarizing ; and
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| (5) A maximum of $75 for one complete application
$3 to | 24 |
| execute any procedures necessary to obtain a document required
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| to complete legalization forms .
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| Fees authorized under this subsection shall not include | 27 |
| application fees
required to be submitted with immigration | 28 |
| applications
a legalization application in conformity
with the | 29 |
| Immigration and Control Act of 1986 .
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| Any person who violates the provisions of this subsection | 31 |
| shall be guilty
of a Class A misdemeanor for a first offense | 32 |
| and a Class 3 felony for a
second or subsequent offense | 33 |
| committed within 5 years of a previous
conviction for the same | 34 |
| offense.
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| (c) Upon his own information or upon complaint of any |
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| person, the
Attorney General or any State's Attorney, or their | 2 |
| designee, may maintain
an action for injunctive relief in the | 3 |
| court against any notary public or
any other person who
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| violates the provisions of subsection (b) of this Section. | 5 |
| These
remedies are in addition to, and not in substitution for, | 6 |
| other available remedies.
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| If the Attorney General or any State's Attorney fails to | 8 |
| bring an action
as provided pursuant to this subsection within | 9 |
| 90 days of receipt of a complaint, any person may file a civil
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| action to enforce the provisions of this subsection and | 11 |
| maintain an action
for injunctive relief.
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| (d) All notaries public must provide receipts and keep | 13 |
| records for fees accepted for services provided. Failure to | 14 |
| provide receipts and keep records that can be presented as | 15 |
| evidence of no wrongdoing shall be construed as a presumptive | 16 |
| admission of allegations raised in complaints against the | 17 |
| notary for violations related to accepting prohibited fees.
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| (Source: P.A. 85-593.)
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| Section 10. The Consumer Fraud and Deceptive Business | 20 |
| Practices Act is amended by changing Section 2AA as follows:
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| (815 ILCS 505/2AA)
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| Sec. 2AA. Immigration services.
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| (a) "Immigration matter" means any proceeding, filing, or | 24 |
| action
affecting the nonimmigrant, immigrant or citizenship | 25 |
| status of any person
that arises under immigration and | 26 |
| naturalization law, executive order or
presidential | 27 |
| proclamation of the United States or any foreign country, or
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| that arises under action of the United States Citizenship and | 29 |
| Immigration Services
Immigration and
Naturalization Service , | 30 |
| the United States Department of Labor, or the
United States | 31 |
| Department of State.
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| "Immigration assistance service" means any advice, | 33 |
| guidance, information ,
or action provided or offered to | 34 |
| customers or prospective customers related to immigration |
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| matters, excluding legal advice, recommending a specific | 2 |
| course of legal action, or providing any other assistance that | 3 |
| requires legal analysis, legal judgment, or interpretation of | 4 |
| the law
relating
to any immigration matter .
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| "Compensation" means money, property, services, promise of | 6 |
| payment,
or anything else of value.
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| "Employed by" means that a person is on the payroll of the | 8 |
| employer
and the employer deducts from the employee's paycheck | 9 |
| social security and
withholding taxes, or receives | 10 |
| compensation from the employer on a
commission basis or as an | 11 |
| independent contractor.
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| "Reasonable costs" means actual costs or, if actual costs | 13 |
| cannot be
calculated, reasonably estimated costs of such things | 14 |
| as photocopying,
telephone calls, document requests, and | 15 |
| filing fees for immigration forms,
and other nominal costs | 16 |
| incidental to assistance
in an immigration matter.
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| (a-1) The General Assembly finds and declares that private | 18 |
| individuals who
assist persons with immigration matters have a | 19 |
| significant impact on the
ability of their clients to reside | 20 |
| and work within the United States and to
establish and maintain | 21 |
| stable families and business relationships. The General
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| Assembly further finds that that assistance and its impact also | 23 |
| have a
significant effect on the cultural, social, and economic | 24 |
| life of the State of
Illinois and thereby substantially affect | 25 |
| the public interest. It is the
intent of the General Assembly | 26 |
| to establish rules of practice and conduct for
those | 27 |
| individuals to promote honesty and fair dealing with residents | 28 |
| and to
preserve public confidence.
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| (a-5) The following persons are exempt from this Section, | 30 |
| provided they
prove the exemption by a preponderance of the | 31 |
| evidence:
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| (1) An attorney licensed to practice law in any state | 33 |
| or territory of
the United States, or of any foreign | 34 |
| country when authorized by the
Illinois Supreme Court, to | 35 |
| the extent the attorney renders immigration
assistance | 36 |
| service in the course of his or her practice as an |
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| attorney.
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| (2) A legal intern, as described by the rules of the | 3 |
| Illinois Supreme
Court, employed by and under the direct | 4 |
| supervision of a licensed attorney
and rendering | 5 |
| immigration assistance service in the course of the | 6 |
| intern's
employment.
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| (3) A not-for-profit organization recognized by the | 8 |
| Board of Immigration
Appeals under 8 C.F.R. 292.2(a) and | 9 |
| employees of those organizations accredited
under 8 C.F.R. | 10 |
| 292.2(d).
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| (4) Any organization employing or desiring to employ an | 12 |
| alien or
nonimmigrant alien, where the organization, its | 13 |
| employees or its agents
provide advice or assistance in | 14 |
| immigration matters to alien or nonimmigrant
alien | 15 |
| employees or potential employees without compensation from | 16 |
| the
individuals to whom such advice or assistance is | 17 |
| provided.
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| Nothing in this Section shall regulate any business to the | 19 |
| extent
that such regulation is prohibited or preempted by State | 20 |
| or federal law.
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| All other persons providing or offering to provide | 22 |
| immigration
assistance service shall be subject to this | 23 |
| Section.
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| (b) Any person who provides or offers to provide | 25 |
| immigration assistance
service may perform only the following | 26 |
| services:
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| (1) Completing a government agency
form, requested by | 28 |
| the customer and appropriate to the customer's
needs,
only | 29 |
| if the completion of that form does not involve a legal
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| judgment
for that particular matter.
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| (2) Transcribing responses to a government agency form | 32 |
| which is
related to an immigration matter, but not advising | 33 |
| a customer as to his or
her answers on those forms.
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| (3) Translating information on forms to a customer and | 35 |
| translating the
customer's answers to questions posed on | 36 |
| those forms.
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| (4) Securing for the customer supporting documents | 2 |
| currently in
existence, such as birth and marriage | 3 |
| certificates, which may be needed to
be submitted with | 4 |
| government agency forms.
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| (5) Translating documents from a foreign language into | 6 |
| English.
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| (6) Notarizing signatures on government agency forms, | 8 |
| if the person
performing the service is a notary public of | 9 |
| the State of Illinois.
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| (7) Making referrals, without fee, to attorneys who | 11 |
| could undertake
legal representation for a person in an | 12 |
| immigration matter.
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| (8) Preparing or arranging for the preparation of | 14 |
| photographs and
fingerprints.
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| (9) Arranging for the performance of medical testing
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| (including X-rays and AIDS tests) and the obtaining of | 17 |
| reports of such test
results.
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| (10) Conducting English language and civics courses.
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| (11) Other services that the Attorney General | 20 |
| determines by rule may be
appropriately performed by such | 21 |
| persons in light of the purposes of this
Section.
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| Fees for a notary public, agency, or any other person who | 23 |
| is not an attorney or an accredited representative filling out | 24 |
| immigration forms shall be limited to the maximum fees set | 25 |
| forth in subsections (a) and (b) of Section 3-104 of the Notary | 26 |
| Public Act (5 ILCS 312/3-104)
The Attorney General may | 27 |
| promulgate rules establishing maximum fees that
may
be charged | 28 |
| for the services described in this subsection. The maximum fees
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| must be reasonable in light of the costs of providing those | 30 |
| services and the
degree of professional skill required to | 31 |
| provide the services .
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| No person subject to this Act shall charge fees directly or
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| indirectly for referring an individual to an attorney or for | 34 |
| any
immigration matter not authorized by this Article, provided | 35 |
| that a person may
charge a fee for notarizing documents as | 36 |
| permitted by the Illinois Notary
Public Act.
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| (c) Any person performing such services shall register with | 2 |
| the Illinois
Attorney General and submit verification of | 3 |
| malpractice insurance or of a
surety bond.
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| (d) Except as provided otherwise in this subsection, before | 5 |
| providing
any
assistance in an immigration matter a person | 6 |
| shall provide the customer with
a written contract that | 7 |
| includes the following:
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| (1) An explanation of the services to be performed.
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| (2) Identification of all compensation and costs to be | 10 |
| charged to the
customer for the services to be performed.
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| (3) A statement that documents submitted in support of | 12 |
| an application
for nonimmigrant, immigrant, or | 13 |
| naturalization status may not be retained
by the person for | 14 |
| any purpose, including payment of compensation or costs.
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| This subsection does not apply to a not-for-profit | 16 |
| organization that
provides advice or assistance in immigration | 17 |
| matters to clients without charge
beyond a reasonable fee to | 18 |
| reimburse the organization's or clinic's reasonable
costs | 19 |
| relating to providing immigration services to that client.
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| (e) Any person who provides or offers immigration | 21 |
| assistance service and
is not exempted from this Section, shall | 22 |
| post signs at his or her place of
business, setting forth | 23 |
| information in English and in every other language in
which the
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| person provides or offers to provide immigration assistance | 25 |
| service. Each
language shall be on a separate sign. Signs shall | 26 |
| be posted in a location
where the signs will be visible to | 27 |
| customers. Each sign shall be at least
11 inches by 17 inches, | 28 |
| and shall contain the following:
| 29 |
| (1) The statement "I AM NOT AN ATTORNEY LICENSED TO | 30 |
| PRACTICE LAW AND
MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES | 31 |
| FOR LEGAL ADVICE."
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| (2) The statement "I AM NOT ACCREDITED TO REPRESENT YOU | 33 |
| BEFORE THE
UNITED STATES IMMIGRATION AND NATURALIZATION | 34 |
| SERVICE AND THE IMMIGRATION
BOARD OF APPEALS."
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| (3) The fee schedule.
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| (4) The statement that "You may cancel any contract
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| within 3 working days and get your money back for services | 2 |
| not performed."
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| (5) Additional information the Attorney General may | 4 |
| require by rule.
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| Every person engaged in immigration assistance service who | 6 |
| is not an
attorney who advertises immigration assistance | 7 |
| service in a language other
than English, whether by radio, | 8 |
| television, signs, pamphlets, newspapers,
or other written | 9 |
| communication, with the exception of a single desk plaque,
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| shall include in the document, advertisement, stationery, | 11 |
| letterhead, business card, or other comparable written | 12 |
| material the following notice in English and the language in | 13 |
| which the written communication appears.
shall post or | 14 |
| otherwise include with such advertisement a notice in English
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| and the language in which the advertisement appears. This | 16 |
| notice shall be
of a conspicuous size, if in writing, and shall | 17 |
| state: "I AM NOT AN
ATTORNEY LICENSED TO PRACTICE LAW IN | 18 |
| ILLINOIS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT
FEES FOR LEGAL | 19 |
| ADVICE." If such advertisement is by radio or television,
the | 20 |
| statement may be modified but must include substantially the | 21 |
| same message.
| 22 |
| Any person who provides or offers immigration assistance | 23 |
| service and is not exempted from this Section shall not, in any | 24 |
| document, advertisement, stationery, letterhead, business | 25 |
| card, or other comparable written material, literally | 26 |
| translate from English into another language terms or titles | 27 |
| including, but not limited to, notary public, notary, licensed, | 28 |
| attorney, lawyer, or any other term that implies the person is | 29 |
| an attorney. To illustrate, the word "notario" is prohibited | 30 |
| under this provision.
Literal translation of the word | 31 |
| "licensed" into a language other
than English is prohibited. | 32 |
| For the purposes of this Section, "literal
translation" of a | 33 |
| word or phrase from one language to another means the
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| translation of a word or phrase without regard to the true | 35 |
| meaning of the
word or phrase in the language which is being | 36 |
| translated.
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| If not subject to penalties under subsection (a) of Section | 2 |
| 3-103 of the Notary Public Act (5 ILCS 312/3-103), violations | 3 |
| of this subsection shall result in a fine of $1,000. Violations | 4 |
| shall not preempt or preclude additional appropriate civil or | 5 |
| criminal penalties.
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| (f) The written contract shall be in both English and in | 7 |
| the language
of the customer.
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| (g) A copy of the contract shall be provided to the | 9 |
| customer upon the
customer's execution of the contract.
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| (h) A customer has the right to rescind a contract within | 11 |
| 72 hours after
his or her signing of the contract.
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| (i) Any documents identified in paragraph (3) of subsection | 13 |
| (c) shall be
returned upon demand of the customer.
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| (j) No person engaged in providing immigration services who | 15 |
| is not exempted under this Section shall do any
of the | 16 |
| following:
| 17 |
| (1) Make any statement that the person can or will | 18 |
| obtain special favors
from or has special influence with | 19 |
| the United States Immigration and
Naturalization Service | 20 |
| or any other government agency.
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| (2) Retain any compensation for service not performed.
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| (2.5) Accept payment in exchange for providing legal | 23 |
| advice or any other assistance that requires legal | 24 |
| analysis, legal judgment, or interpretation of the law.
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| (3) Refuse to return documents supplied by, prepared on | 26 |
| behalf of, or paid
for by the customer upon the request of | 27 |
| the customer. These documents must be
returned upon request | 28 |
| even if there is a fee dispute between the immigration
| 29 |
| assistant and the customer.
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| (4) Represent or advertise, in connection with the | 31 |
| provision assistance
in immigration matters, other titles | 32 |
| of credentials, including but not
limited to "notary | 33 |
| public" or "immigration consultant," that could cause a
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| customer to believe that the person possesses special | 35 |
| professional skills or
is authorized to provide advice on | 36 |
| an immigration matter; provided that a
notary public |
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| 1 |
| appointed by the Illinois Secretary of State may use the | 2 |
| term
"notary public" if the use is accompanied by the | 3 |
| statement that the person
is not an attorney; the term | 4 |
| "notary public" may not be translated to another language; | 5 |
| for example "notario" is prohibited.
| 6 |
| (5) Provide
Give any legal advice , recommend a specific | 7 |
| course of legal action, or provide any other assistance | 8 |
| that requires legal analysis, legal judgment, or | 9 |
| interpretation of the law
concerning an immigration | 10 |
| matter .
| 11 |
| (6) Make any misrepresentation of false statement, | 12 |
| directly or
indirectly, to influence, persuade, or induce | 13 |
| patronage.
| 14 |
| (k) (Blank)
| 15 |
| (l) (Blank)
| 16 |
| (m) Any person who violates any provision
of this Section, | 17 |
| or the rules and regulations issued
under this Section, shall | 18 |
| be guilty of a Class A misdemeanor for a first
offense and a | 19 |
| Class 3 felony for a second or subsequent offense committed
| 20 |
| within 5 years of a previous conviction for the same offense.
| 21 |
| Upon his own information or upon the complaint of any | 22 |
| person, the
Attorney General or any State's Attorney, or a | 23 |
| municipality with a
population of more than 1,000,000, may | 24 |
| maintain an action for injunctive
relief and also seek a civil | 25 |
| penalty not exceeding $50,000 in the circuit court
against any | 26 |
| person who violates any provision of
this Section. These | 27 |
| remedies are in addition to, and not in substitution
for, other | 28 |
| available remedies.
| 29 |
| If the Attorney General or any State's Attorney or a | 30 |
| municipality
with a population of more than 1,000,000 fails to | 31 |
| bring an action as
provided under this Section any person may | 32 |
| file a civil action to
enforce the provisions of this Article | 33 |
| and maintain an action for
injunctive relief , for compensatory | 34 |
| damages to recover prohibited fees, or for such additional | 35 |
| relief as may be appropriate to
deter, prevent, or compensate | 36 |
| for the violation.
In order to deter violations of this |
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SB2548 Enrolled |
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LRB093 19533 JAM 45273 b |
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| 1 |
| Section, courts shall not require a
showing of the traditional | 2 |
| elements for equitable relief. A prevailing
plaintiff may be | 3 |
| awarded 3 times the prohibited fees or a minimum of $1,000 in
| 4 |
| punitive damages, attorney's fees, and costs of
bringing an | 5 |
| action under this Section.
It is the express intention
of the | 6 |
| General Assembly that remedies for violation of this Section be
| 7 |
| cumulative.
| 8 |
| (n) No unit of local government, including any home rule | 9 |
| unit, shall have
the authority to regulate immigration | 10 |
| assistance services unless such
regulations are at least as | 11 |
| stringent as those contained in this amendatory
Act of 1992. It | 12 |
| is declared to be the law of this State, pursuant to
paragraph | 13 |
| (i) of Section 6 of Article VII of the Illinois Constitution of
| 14 |
| 1970, that this amendatory Act of 1992 is a limitation on the | 15 |
| authority of a
home rule unit to exercise powers concurrently | 16 |
| with the State. The
limitations of this Section do not apply to | 17 |
| a home rule unit that has,
prior to the effective date of this | 18 |
| amendatory Act, adopted an ordinance
regulating immigration | 19 |
| assistance services.
| 20 |
| (o) This Section is severable under Section 1.31 of the | 21 |
| Statute on Statutes.
| 22 |
| (p) The Attorney General shall issue rules not inconsistent | 23 |
| with this
Section for the implementation, administration, and | 24 |
| enforcement of this
Section by January 1, 1995. The rules may | 25 |
| provide for the following:
| 26 |
| (1) The content, print size, and print style of the | 27 |
| signs required under
subsection (e). Print sizes and styles | 28 |
| may vary from language to language.
| 29 |
| (2) Standard forms for use in the administration of | 30 |
| this Section.
| 31 |
| (3) Any additional requirements deemed necessary.
| 32 |
| (Source: P.A. 87-1211; 88-45; 88-644, eff. 9-9-94.)
| 33 |
| Section 99. Effective date. This Act takes effect upon | 34 |
| becoming law.
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