Bill Text: IL HB2269 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Notary Public Act. Extends the repeal date for certain provisions concerning Notarial Records from July 1, 2013 to July 1, 2018. Effective immediately.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2013-06-21 - Public Act . . . . . . . . . 98-0029 [HB2269 Detail]
Download: Illinois-2013-HB2269-Amended.html
Bill Title: Amends the Illinois Notary Public Act. Extends the repeal date for certain provisions concerning Notarial Records from July 1, 2013 to July 1, 2018. Effective immediately.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2013-06-21 - Public Act . . . . . . . . . 98-0029 [HB2269 Detail]
Download: Illinois-2013-HB2269-Amended.html
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1 | AMENDMENT TO HOUSE BILL 2269
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2 | AMENDMENT NO. ______. Amend House Bill 2269 as follows:
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3 | on page 1, in line 5, by replacing "Section 3-102" with | ||||||
4 | "Sections 3-102 and 3-104"; and
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5 | on page 9, by replacing lines 2 through 7 with the following: | ||||||
6 | " (l) Beginning July 1, 2013, at
the time of notarization, a | ||||||
7 | notary public shall officially sign every
notary certificate | ||||||
8 | and affix the rubber stamp seal clearly and legibly
using black | ||||||
9 | ink, so that it is capable of photographic reproduction. The
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10 | illegibility of any of the information required by this Section | ||||||
11 | does not
affect the validity of a transaction. "; and
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12 | on page 9, immediately below line 8, by inserting the | ||||||
13 | following:
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14 | "(5 ILCS 312/3-104) (from Ch. 102, par. 203-104)
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1 | Sec. 3-104. Maximum Fee. | ||||||
2 | (a) Except as provided in subsection (b) of this Section, | ||||||
3 | the maximum
fee in this State is $1.00 for any notarial act | ||||||
4 | performed and, until July 1, 2018 2013 , up to $25 for any | ||||||
5 | notarial act performed pursuant to Section 3-102.
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6 | (b) Fees for a notary public, agency, or any other person | ||||||
7 | who is not
an attorney or an accredited representative filling | ||||||
8 | out immigration forms shall be limited to the following:
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9 | (1) $10 per form completion;
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10 | (2) $10 per page for the translation of a non-English | ||||||
11 | language into English where such translation is required | ||||||
12 | for immigration forms;
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13 | (3) $1 for notarizing;
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14 | (4) $3 to execute any procedures necessary to obtain a | ||||||
15 | document required to complete immigration forms; and
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16 | (5) A maximum of $75 for one complete application.
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17 | Fees authorized under this subsection shall not include | ||||||
18 | application fees
required to be submitted with immigration | ||||||
19 | applications.
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20 | Any person who violates the provisions of this subsection | ||||||
21 | shall be guilty
of a Class A misdemeanor for a first offense | ||||||
22 | and a Class 3 felony for a
second or subsequent offense | ||||||
23 | committed within 5 years of a previous
conviction for the same | ||||||
24 | offense.
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25 | (c) Upon his own information or upon complaint of any | ||||||
26 | person, the
Attorney General or any State's Attorney, or their |
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1 | designee, may maintain
an action for injunctive relief in the | ||||||
2 | court against any notary public or
any other person who
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3 | violates the provisions of subsection (b) of this Section. | ||||||
4 | These
remedies are in addition to, and not in substitution for, | ||||||
5 | other available remedies.
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6 | If the Attorney General or any State's Attorney fails to | ||||||
7 | bring an action
as provided pursuant to this subsection within | ||||||
8 | 90 days of receipt of a complaint, any person may file a civil
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9 | action to enforce the provisions of this subsection and | ||||||
10 | maintain an action
for injunctive relief.
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11 | (d) All notaries public must provide receipts and keep | ||||||
12 | records for fees accepted for services provided. Failure to | ||||||
13 | provide receipts and keep records that can be presented as | ||||||
14 | evidence of no wrongdoing shall be construed as a presumptive | ||||||
15 | admission of allegations raised in complaints against the | ||||||
16 | notary for violations related to accepting prohibited fees.
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17 | (Source: P.A. 95-988, eff. 6-1-09 .)".
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