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 |
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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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Notary Public Act is amended by | 5 | | changing 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 | 9 | | accredited immigration representative who advertises the | 10 | | services
of a notary public in a language other than English, | 11 | | whether by radio,
television, signs, pamphlets, newspapers, or | 12 | | other written communication,
with the exception of a single | 13 | | desk plaque,
shall include in the document, advertisement, | 14 | | stationery, letterhead, business card, or other comparable | 15 | | written material the following: notice in English and the
| 16 | | language in which the written communication appears. This | 17 | | notice shall be of a
conspicuous size, if in writing, and shall | 18 | | state: "I AM NOT AN ATTORNEY LICENSED TO
PRACTICE LAW IN | 19 | | ILLINOIS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR
LEGAL | 20 | | ADVICE". If such advertisement is by radio or television, the
| 21 | | statement may be modified but must include substantially the | 22 | | same message.
| 23 | | A notary public shall not, in any document, advertisement, |
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| 1 | | stationery, letterhead, business card, or other comparable | 2 | | written material describing the role of the notary public, | 3 | | literally translate from English into another language terms or | 4 | | titles including, but not limited to, notary public, notary, | 5 | | licensed, attorney, lawyer, or any other term that implies the | 6 | | person is an attorney. To illustrate, the word "notario" is | 7 | | prohibited under this provision.
| 8 | | Failure to follow the procedures in this Section shall | 9 | | result in a fine of $2,000 $1,000 for each written violation. | 10 | | The second violation shall result in suspension of notary | 11 | | authorization. The third violation shall result in permanent | 12 | | revocation of the commission of notary public. Violations shall | 13 | | not preempt or preclude additional appropriate civil or | 14 | | criminal penalties.
| 15 | | (b) All notaries public required to comply with the | 16 | | provisions of
subsection (a) shall prominently post at their | 17 | | place of business as recorded
with the Secretary of State | 18 | | pursuant to Section 2-102 of this Act a schedule
of fees | 19 | | established by law which a notary public may charge. The fee
| 20 | | schedule shall be written in English and in the non-English | 21 | | language in
which notary services were solicited and shall | 22 | | contain the disavowal of
legal representation required above in | 23 | | subsection (a), unless such notice of disavowal
is already | 24 | | prominently posted.
| 25 | | (c) No notary public, agency or any other person who is not | 26 | | an
attorney shall represent, hold themselves out or advertise |
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| 1 | | that they are
experts on immigration matters or provide any | 2 | | other assistance that requires legal analysis, legal judgment, | 3 | | or interpretation of the law unless they are a designated | 4 | | entity as
defined pursuant to Section 245a.1 of Part 245a of | 5 | | the Code of Federal
Regulations (8 CFR 245a.1) or an entity | 6 | | accredited by the Board of Immigration Appeals.
| 7 | | (d) Any person who aids, abets or otherwise induces another | 8 | | person to
give false information concerning immigration status | 9 | | shall be guilty of a
Class A misdemeanor for a first offense | 10 | | and a Class 3 felony for a second
or subsequent offense | 11 | | committed within 5 years of a previous conviction for
the same | 12 | | offense.
| 13 | | Any notary public who violates the provisions of this | 14 | | Section shall be
guilty of official misconduct and subject to | 15 | | fine or imprisonment.
| 16 | | Nothing in this Section shall preclude any consumer of | 17 | | notary public
services from pursuing other civil remedies | 18 | | available under the law.
| 19 | | (e) No notary public who is not an attorney or an | 20 | | accredited representative shall accept payment in exchange for | 21 | | providing legal advice or any other assistance that requires | 22 | | legal analysis, legal judgment, or interpretation of the law. | 23 | | (f) Violation of subsection (e) is a business offense | 24 | | punishable by a fine of 3 times the amount received for | 25 | | services, or $1,001 minimum, and restitution of the amount paid | 26 | | to the consumer. Nothing in this Section shall be construed to |
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| 1 | | preempt nor preclude additional appropriate civil remedies or | 2 | | criminal charges available under law. | 3 | | (g) If a notary public of this State is convicted of 2 or | 4 | | more business offenses involving a violation of this Act within | 5 | | a 12-month period while commissioned, or of 3 or more business | 6 | | offenses involving a violation of this Act within a 5-year | 7 | | period regardless of being commissioned, the Secretary shall | 8 | | automatically revoke the notary public commission of that | 9 | | person on the date that the person's most recent business | 10 | | offense conviction is entered as a final judgment.
| 11 | | (Source: P.A. 93-1001, eff. 8-23-04.)
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