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| Public Act 101-0465 | ||||
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AN ACT concerning government.
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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 | ||||
changing Section 3-103 as follows:
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(5 ILCS 312/3-103) (from Ch. 102, par. 203-103)
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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,
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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.
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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.
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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.
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(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
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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.
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(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.
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(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.
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Any notary public who violates the provisions of this | ||
Section shall be
guilty of official misconduct and subject to | ||
fine or imprisonment.
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Nothing in this Section shall preclude any consumer of | ||
notary public
services from pursuing other civil remedies | ||
available under the law.
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(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.
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(Source: P.A. 100-81, eff. 1-1-18.)
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