Bill Text: IL SB0265 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Capital Development Board Act. Makes a technical change in a Section concerning the short title of the Act.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed) 2017-04-28 - Referred to Rules Committee [SB0265 Detail]

Download: Illinois-2017-SB0265-Engrossed.html



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1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Notary Public Act is amended by
5changing Sections 3-101, 3-103, 6-103, and 6-104 as follows:
6 (5 ILCS 312/3-101) (from Ch. 102, par. 203-101)
7 Sec. 3-101. Official Seal and Signature.
8 (a) Each notary public shall, upon receiving the commission
9from the county clerk, obtain an official rubber stamp seal
10with which the notary shall authenticate his official acts. The
11rubber stamp seal shall contain the following information:
12 (1) the words "Official Seal";
13 (2) the notary's official name;
14 (3) the words "Notary Public", "State of Illinois", and
15 "My commission expires____________(commission expiration
16 date)"; and
17 (4) a serrated or milled edge border in a rectangular
18 form not more than one inch in height by two and one-half
19 inches in length surrounding the information.
20 (b) (Blank). At the time of the notarial act, a notary
21public shall officially sign every notary certificate and affix
22the rubber stamp seal clearly and legibly using black ink, so
23that it is capable of photographic reproduction. The

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1illegibility of any of the information required by this Section
2does not affect the validity of a transaction.
3 This subsection does not apply on or after July 1, 2013.
4(Source: P.A. 95-988, eff. 6-1-09.)
5 (5 ILCS 312/3-103) (from Ch. 102, par. 203-103)
6 Sec. 3-103. Notice.
7 (a) Every notary public who is not an attorney or an
8accredited immigration representative who advertises the
9services of a notary public in a language other than English,
10whether by radio, television, signs, pamphlets, newspapers,
11electronic communications, or other written communication,
12with the exception of a single desk plaque, shall include in
13the document, advertisement, stationery, letterhead, business
14card, or other comparable written or electronic material the
15following: notice in English and the language in which the
16written or electronic communication appears. This notice shall
17be of a conspicuous size, if in writing or electronic
18communication, and shall state: "I AM NOT AN ATTORNEY LICENSED
19TO PRACTICE LAW IN ILLINOIS AND MAY NOT GIVE LEGAL ADVICE OR
20ACCEPT FEES FOR LEGAL ADVICE". If such advertisement is by
21radio or television, the statement may be modified but must
22include substantially the same message.
23 A notary public shall not, in any document, advertisement,
24stationery, letterhead, business card, electronic
25communication, or other comparable written material describing

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1the role of the notary public, literally translate from English
2into another language terms or titles including, but not
3limited to, notary public, notary, licensed, attorney, lawyer,
4or any other term that implies the person is an attorney. To
5illustrate, the word "notario" is prohibited under this
6provision.
7 Failure to follow the procedures in this Section shall
8result in a fine of $1,000 for each written violation. The
9second violation shall result in suspension of notary
10authorization. The third violation shall result in permanent
11revocation of the commission of notary public. Violations shall
12not preempt or preclude additional appropriate civil or
13criminal penalties.
14 (b) All notaries public required to comply with the
15provisions of subsection (a) shall prominently post at their
16place of business as recorded with the Secretary of State
17pursuant to Section 2-102 of this Act a schedule of fees
18established by law which a notary public may charge. The fee
19schedule shall be written in English and in the non-English
20language in which notary services were solicited and shall
21contain the disavowal of legal representation required above in
22subsection (a), unless such notice of disavowal is already
23prominently posted.
24 (c) No notary public, agency or any other person who is not
25an attorney shall represent, hold themselves out or advertise
26that they are experts on immigration matters or provide any

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1other assistance that requires legal analysis, legal judgment,
2or interpretation of the law unless they are a designated
3entity as defined pursuant to Section 245a.1 of Part 245a of
4the Code of Federal Regulations (8 CFR 245a.1) or an entity
5accredited by the Board of Immigration Appeals.
6 (d) Any person who aids, abets or otherwise induces another
7person to give false information concerning immigration status
8shall be guilty of a Class A misdemeanor for a first offense
9and a Class 3 felony for a second or subsequent offense
10committed within 5 years of a previous conviction for the same
11offense.
12 Any notary public who violates the provisions of this
13Section shall be guilty of official misconduct and subject to
14fine or imprisonment.
15 Nothing in this Section shall preclude any consumer of
16notary public services from pursuing other civil remedies
17available under the law.
18 (e) No notary public who is not an attorney or an
19accredited representative shall accept payment in exchange for
20providing legal advice or any other assistance that requires
21legal analysis, legal judgment, or interpretation of the law.
22 (f) Violation of subsection (e) is a business offense
23punishable by a fine of 3 times the amount received for
24services, or $1,001 minimum, and restitution of the amount paid
25to the consumer. Nothing in this Section shall be construed to
26preempt nor preclude additional appropriate civil remedies or

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1criminal charges available under law.
2 (g) If a notary public of this State is convicted of 2 or
3more business offenses involving a violation of this Act within
4a 12-month period while commissioned, or of 3 or more business
5offenses involving a violation of this Act within a 5-year
6period regardless of being commissioned, the Secretary shall
7automatically revoke the notary public commission of that
8person on the date that the person's most recent business
9offense conviction is entered as a final judgment.
10(Source: P.A. 93-1001, eff. 8-23-04.)
11 (5 ILCS 312/6-103) (from Ch. 102, par. 206-103)
12 Sec. 6-103. Certificate of Notarial Acts.
13 (a) A notarial act must be evidenced by a certificate
14signed and dated by the notary public. The certificate must
15include identification of the jurisdiction in which the
16notarial act is performed and the official seal of office.
17 (b) A certificate of a notarial act is sufficient if it
18meets the requirements of subsection (a) and it:
19 (1) is in the short form set forth in Section 6-105;
20 (2) is in a form otherwise prescribed by the law of
21 this State; or
22 (3) sets forth the actions of the notary public and
23 those are sufficient to meet the requirements of the
24 designated notarial act.
25 (c) At the time of a notarial act, a notary public shall

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1officially sign every notary certificate and affix the rubber
2stamp seal clearly and legibly using black ink, so that it is
3capable of photographic reproduction. The illegibility of any
4of the information required under this Section does not affect
5the validity of a transaction.
6(Source: P.A. 84-322.)
7 (5 ILCS 312/6-104) (from Ch. 102, par. 206-104)
8 Sec. 6-104. Acts Prohibited.
9 (a) A notary public shall not use any name or initial in
10signing certificates other than that by which the notary was
11commissioned.
12 (b) A notary public shall not acknowledge any instrument in
13which the notary's name appears as a party to the transaction.
14 (c) A notary public shall not affix his signature to a
15blank form of affidavit or certificate of acknowledgment and
16deliver that form to another person with intent that it be used
17as an affidavit or acknowledgment.
18 (d) A notary public shall not take the acknowledgment of or
19administer an oath to any person whom the notary actually knows
20to have been adjudged mentally ill by a court of competent
21jurisdiction and who has not been restored to mental health as
22a matter of record.
23 (e) A notary public shall not take the acknowledgment of
24any person who is blind until the notary has read the
25instrument to such person.

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1 (f) A notary public shall not take the acknowledgment of
2any person who does not speak or understand the English
3language, unless the nature and effect of the instrument to be
4notarized is translated into a language which the person does
5understand.
6 (g) A notary public shall not change anything in a written
7instrument after it has been signed by anyone.
8 (h) No notary public shall be authorized to prepare any
9legal instrument, or fill in the blanks of an instrument, other
10than a notary certificate; however, this prohibition shall not
11prohibit an attorney, who is also a notary public, from
12performing notarial acts for any document prepared by that
13attorney.
14 (i) If a notary public accepts or receives any money from
15any one to whom an oath has been administered or on behalf of
16whom an acknowledgment has been taken for the purpose of
17transmitting or forwarding such money to another and willfully
18fails to transmit or forward such money promptly, the notary is
19personally liable for any loss sustained because of such
20failure. The person or persons damaged by such failure may
21bring an action to recover damages, together with interest and
22reasonable attorney fees, against such notary public or his
23bondsmen.
24(Source: P.A. 85-421.)
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