State of Illinois
91st General Assembly
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91_HB1753

 
                                               LRB9103408MWgc

 1        AN ACT  to  amend  the  Illinois  Notary  Public  Act  by
 2    changing Section 3-104.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Illinois Notary Public Act is amended  by
 6    changing Section 3-104 as follows:

 7        (5 ILCS 312/3-104) (from Ch. 102, par. 203-104)
 8        Sec.  3-104.   Maximum  Fee.  (a)  Except  as provided in
 9    subsection (b) of this Section, the maximum fee in this State
10    is $2 $1.00 for any notarial act performed.
11        (b)  Fees for a  notary  public,  agency,  or  any  other
12    person  who is not an attorney filling out legalization forms
13    or applications related to the Immigration Reform and Control
14    Act of 1986 shall be as follows:
15        (1)  $75 per person;
16        (2)  $75 per person up to 4 persons per immediate family,
17    with no additional charge for a fifth  or  subsequent  person
18    where all persons are legally related;
19        (3)  $10  per  page  for the translation of a non-English
20    language into English where such translation is required  for
21    legalization forms;
22        (4)  $2 $1 for notarizing; and
23        (5)  $3  to  execute any procedures necessary to obtain a
24    document required to complete legalization forms.
25        Fees authorized under this subsection shall  not  include
26    application fees required to be submitted with a legalization
27    application  in  conformity  with the Immigration and Control
28    Act of 1986.
29        Any person who violates the provisions of this subsection
30    shall be guilty of a Class A misdemeanor for a first  offense
31    and  a  Class  3  felony  for  a second or subsequent offense
 
                            -2-                LRB9103408MWgc
 1    committed within 5 years of a  previous  conviction  for  the
 2    same offense.
 3        (c)  Upon  his  own  information or upon complaint of any
 4    person, the Attorney General  or  any  State's  Attorney,  or
 5    their  designee, may maintain an action for injunctive relief
 6    in the court against any notary public or  any  other  person
 7    who  violates  the  provisions  of  subsection  (b)  of  this
 8    Section.   These  remedies  are  in  addition  to, and not in
 9    substitution for, other available remedies.
10        If the Attorney General or any State's Attorney fails  to
11    bring  an  action as provided pursuant to this subsection any
12    person may file a civil action to enforce the  provisions  of
13    this subsection and maintain an action for injunctive relief.
14    (Source: P.A. 85-593.)

15        Section  99.  Effective date.  This Act takes effect upon
16    becoming law.

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