Illinois General Assembly - Full Text of Public Act 101-0465
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Public Act 101-0465


 

Public Act 0465 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0465
 
HB2176 EnrolledLRB101 06719 RJF 51746 b

    AN ACT concerning government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Notary Public Act is amended by
changing Section 3-103 as follows:
 
    (5 ILCS 312/3-103)  (from Ch. 102, par. 203-103)
    Sec. 3-103. Notice.
    (a) Every notary public who is not an attorney or an
accredited immigration representative who advertises the
services of a notary public in a language other than English,
whether by radio, television, signs, pamphlets, newspapers,
electronic communications, or other written communication,
with the exception of a single desk plaque, shall include in
the document, advertisement, stationery, letterhead, business
card, or other comparable written or electronic material the
following: notice in English and the language in which the
written or electronic communication appears. This notice shall
be of a conspicuous size, if in writing or electronic
communication, and shall state: "I AM NOT AN ATTORNEY LICENSED
TO PRACTICE LAW IN ILLINOIS. I AM NOT ALLOWED TO DRAFT LEGAL
DOCUMENTS OR RECORDS, NOR MAY I AND MAY NOT GIVE LEGAL ADVICE
ON ANY MATTER, INCLUDING, BUT NOT LIMITED TO, MATTERS OF
IMMIGRATION, OR ACCEPT OR CHARGE FEES FOR THE PERFORMANCE OF
THOSE ACTIVITIES LEGAL ADVICE". If such advertisement is by
radio or television, the statement may be modified but must
include substantially the same message.
    A notary public shall not, in any document, advertisement,
stationery, letterhead, business card, electronic
communication, or other comparable written material describing
the role of the notary public, literally translate from English
into another language terms or titles including, but not
limited to, notary public, notary, licensed, attorney, lawyer,
or any other term that implies the person is an attorney. To
illustrate, the word "notario" is prohibited under this
provision.
    Failure to follow the procedures in this Section shall
result in a fine of $1,500 $1,000 for each written violation.
The second violation shall result in suspension of notary
authorization. The second third violation shall result in
permanent revocation of the commission of notary public.
Violations shall not preempt or preclude additional
appropriate civil or criminal penalties.
    (b) All notaries public required to comply with the
provisions of subsection (a) shall prominently post at their
place of business as recorded with the Secretary of State
pursuant to Section 2-102 of this Act a schedule of fees
established by law which a notary public may charge. The fee
schedule shall be written in English and in the non-English
language in which notary services were solicited and shall
contain the disavowal of legal representation required above in
subsection (a), unless such notice of disavowal is already
prominently posted.
    (c) No notary public, agency or any other person who is not
an attorney shall represent, hold themselves out or advertise
that they are experts on immigration matters or provide any
other assistance that requires legal analysis, legal judgment,
or interpretation of the law unless they are a designated
entity as defined pursuant to Section 245a.1 of Part 245a of
the Code of Federal Regulations (8 CFR 245a.1) or an entity
accredited by the Board of Immigration Appeals.
    (c-5) In addition to the notice required under subsection
(a), every notary public who is subject to subsection (a)
shall, prior to rendering notary services, provide any person
seeking notary services with a written acknowledgment that
substantially states, in English and the language used in the
advertisement for notary services the following: "I AM NOT AN
ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS. I AM NOT ALLOWED
TO DRAFT LEGAL DOCUMENTS OR RECORDS, NOR MAY I GIVE LEGAL
ADVICE ON ANY MATTER OR ACCEPT OR CHARGE FEES FOR THE
PERFORMANCE OF THOSE ACTIVITIES". The Office of the Secretary
of State shall translate this acknowledgement into Spanish and
any other language the Secretary of State may deem necessary to
achieve the requirements of this subsection (c-5), and shall
make the translations available on the website of the Secretary
of State. This 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.
Notaries shall provide recipients of notary services with a
copy of their signed acknowledgment at the time services are
rendered. This provision shall not apply to notary services
related to documents prepared or produced in accordance with
the Illinois Election Code.
    (d) Any person who aids, abets or otherwise induces another
person to give false information concerning immigration status
shall be guilty of a Class A misdemeanor for a first offense
and a Class 3 felony for a second or subsequent offense
committed within 5 years of a previous conviction for the same
offense.
    Any notary public who violates the provisions of this
Section shall be guilty of official misconduct and subject to
fine or imprisonment.
    Nothing in this Section shall preclude any consumer of
notary public services from pursuing other civil remedies
available under the law.
    (e) No notary public who is not an attorney or an
accredited representative shall accept payment in exchange for
providing legal advice or any other assistance that requires
legal analysis, legal judgment, or interpretation of the law.
    (f) Violation of subsection (e) is a business offense
punishable by a fine of 3 times the amount received for
services, or $1,001 minimum, and restitution of the amount paid
to the consumer. Nothing in this Section shall be construed to
preempt nor preclude additional appropriate civil remedies or
criminal charges available under law.
    (g) If a notary public of this State is convicted of 2 or
more business offenses involving a violation of this Act within
a 12-month period while commissioned, or of 3 or more business
offenses involving a violation of this Act within a 5-year
period regardless of being commissioned, the Secretary shall
automatically revoke the notary public commission of that
person on the date that the person's most recent business
offense conviction is entered as a final judgment.
(Source: P.A. 100-81, eff. 1-1-18.)

Effective Date: 1/1/2020