Illinois General Assembly - Full Text of HB4092
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Full Text of HB4092  99th General Assembly

HB4092 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4092

 

Introduced , by Rep. Kathleen Willis

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 312/3-103  from Ch. 102, par. 203-103

    Amends the Illinois Notary Public Act. Provides that failure to follow certain procedures set forth in this Act shall result in a fine of $2,000 (currently, $1,000).


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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, or
12other written communication, with the exception of a single
13desk plaque, shall include in the document, advertisement,
14stationery, letterhead, business card, or other comparable
15written material the following: notice in English and the
16language in which the written communication appears. This
17notice shall be of a conspicuous size, if in writing, and shall
18state: "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN
19ILLINOIS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL
20ADVICE". If such advertisement is by radio or television, the
21statement may be modified but must include substantially the
22same message.
23    A notary public shall not, in any document, advertisement,

 

 

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1stationery, letterhead, business card, or other comparable
2written material describing the role of the notary public,
3literally translate from English into another language terms or
4titles including, but not limited to, notary public, notary,
5licensed, attorney, lawyer, or any other term that implies the
6person is an attorney. To illustrate, the word "notario" is
7prohibited under this provision.
8    Failure to follow the procedures in this Section shall
9result in a fine of $2,000 $1,000 for each written violation.
10The second violation shall result in suspension of notary
11authorization. The third violation shall result in permanent
12revocation of the commission of notary public. Violations shall
13not preempt or preclude additional appropriate civil or
14criminal penalties.
15    (b) All notaries public required to comply with the
16provisions of subsection (a) shall prominently post at their
17place of business as recorded with the Secretary of State
18pursuant to Section 2-102 of this Act a schedule of fees
19established by law which a notary public may charge. The fee
20schedule shall be written in English and in the non-English
21language in which notary services were solicited and shall
22contain the disavowal of legal representation required above in
23subsection (a), unless such notice of disavowal is already
24prominently posted.
25    (c) No notary public, agency or any other person who is not
26an attorney shall represent, hold themselves out or advertise

 

 

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1that they are experts on immigration matters or provide any
2other assistance that requires legal analysis, legal judgment,
3or interpretation of the law unless they are a designated
4entity as defined pursuant to Section 245a.1 of Part 245a of
5the Code of Federal Regulations (8 CFR 245a.1) or an entity
6accredited by the Board of Immigration Appeals.
7    (d) Any person who aids, abets or otherwise induces another
8person to give false information concerning immigration status
9shall be guilty of a Class A misdemeanor for a first offense
10and a Class 3 felony for a second or subsequent offense
11committed within 5 years of a previous conviction for the same
12offense.
13    Any notary public who violates the provisions of this
14Section shall be guilty of official misconduct and subject to
15fine or imprisonment.
16    Nothing in this Section shall preclude any consumer of
17notary public services from pursuing other civil remedies
18available under the law.
19    (e) No notary public who is not an attorney or an
20accredited representative shall accept payment in exchange for
21providing legal advice or any other assistance that requires
22legal analysis, legal judgment, or interpretation of the law.
23    (f) Violation of subsection (e) is a business offense
24punishable by a fine of 3 times the amount received for
25services, or $1,001 minimum, and restitution of the amount paid
26to the consumer. Nothing in this Section shall be construed to

 

 

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1preempt nor preclude additional appropriate civil remedies or
2criminal charges available under law.
3    (g) If a notary public of this State is convicted of 2 or
4more business offenses involving a violation of this Act within
5a 12-month period while commissioned, or of 3 or more business
6offenses involving a violation of this Act within a 5-year
7period regardless of being commissioned, the Secretary shall
8automatically revoke the notary public commission of that
9person on the date that the person's most recent business
10offense conviction is entered as a final judgment.
11(Source: P.A. 93-1001, eff. 8-23-04.)