Bill Text: IL SB0265 | 2017-2018 | 100th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: (Passed) 2017-08-11 - Public Act . . . . . . . . . 100-0081 [SB0265 Detail]
Download: Illinois-2017-SB0265-Engrossed.html
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: (Passed) 2017-08-11 - Public Act . . . . . . . . . 100-0081 [SB0265 Detail]
Download: Illinois-2017-SB0265-Engrossed.html
| |||||||
| |||||||
| |||||||
1 | AN ACT concerning State 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 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 | ||||||
9 | from the county
clerk, obtain an official rubber stamp seal | ||||||
10 | with which the notary shall
authenticate his official acts. The | ||||||
11 | rubber 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 | ||||||
21 | public shall officially sign every notary certificate and affix | ||||||
22 | the rubber stamp seal clearly and legibly using black ink, so | ||||||
23 | that it is capable of photographic reproduction. The |
| |||||||
| |||||||
1 | illegibility of any of the information required by this Section | ||||||
2 | does 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 | ||||||
8 | accredited immigration representative who advertises the | ||||||
9 | services
of a notary public in a language other than English, | ||||||
10 | whether by radio,
television, signs, pamphlets, newspapers, | ||||||
11 | electronic communications, or other written communication,
| ||||||
12 | with the exception of a single desk plaque,
shall include in | ||||||
13 | the document, advertisement, stationery, letterhead, business | ||||||
14 | card, or other comparable written or electronic material the | ||||||
15 | following: notice in English and the
language in which the | ||||||
16 | written or electronic communication appears. This notice shall | ||||||
17 | be of a
conspicuous size, if in writing or electronic | ||||||
18 | communication , and shall state: "I AM NOT AN ATTORNEY LICENSED | ||||||
19 | TO
PRACTICE LAW IN ILLINOIS AND MAY NOT GIVE LEGAL ADVICE OR | ||||||
20 | ACCEPT FEES FOR
LEGAL ADVICE". If such advertisement is by | ||||||
21 | radio or television, the
statement may be modified but must | ||||||
22 | include substantially the same message.
| ||||||
23 | A notary public shall not, in any document, advertisement, | ||||||
24 | stationery, letterhead, business card, electronic | ||||||
25 | communication, or other comparable written material describing |
| |||||||
| |||||||
1 | the role of the notary public, literally translate from English | ||||||
2 | into another language terms or titles including, but not | ||||||
3 | limited to, notary public, notary, licensed, attorney, lawyer, | ||||||
4 | or any other term that implies the person is an attorney. To | ||||||
5 | illustrate, the word "notario" is prohibited under this | ||||||
6 | provision.
| ||||||
7 | Failure to follow the procedures in this Section shall | ||||||
8 | result in a fine of $1,000 for each written violation. The | ||||||
9 | second violation shall result in suspension of notary | ||||||
10 | authorization. The third violation shall result in permanent | ||||||
11 | revocation of the commission of notary public. Violations shall | ||||||
12 | not preempt or preclude additional appropriate civil or | ||||||
13 | criminal penalties.
| ||||||
14 | (b) All notaries public required to comply with the | ||||||
15 | provisions of
subsection (a) shall prominently post at their | ||||||
16 | place of business as recorded
with the Secretary of State | ||||||
17 | pursuant to Section 2-102 of this Act a schedule
of fees | ||||||
18 | established by law which a notary public may charge. The fee
| ||||||
19 | schedule shall be written in English and in the non-English | ||||||
20 | language in
which notary services were solicited and shall | ||||||
21 | contain the disavowal of
legal representation required above in | ||||||
22 | subsection (a), unless such notice of disavowal
is already | ||||||
23 | prominently posted.
| ||||||
24 | (c) No notary public, agency or any other person who is not | ||||||
25 | an
attorney shall represent, hold themselves out or advertise | ||||||
26 | that they are
experts on immigration matters or provide any |
| |||||||
| |||||||
1 | other assistance that requires legal analysis, legal judgment, | ||||||
2 | or interpretation of the law unless they are a designated | ||||||
3 | entity as
defined pursuant to Section 245a.1 of Part 245a of | ||||||
4 | the Code of Federal
Regulations (8 CFR 245a.1) or an entity | ||||||
5 | accredited by the Board of Immigration Appeals.
| ||||||
6 | (d) Any person who aids, abets or otherwise induces another | ||||||
7 | person to
give false information concerning immigration status | ||||||
8 | shall be guilty of a
Class A misdemeanor for a first offense | ||||||
9 | and a Class 3 felony for a second
or subsequent offense | ||||||
10 | committed within 5 years of a previous conviction for
the same | ||||||
11 | offense.
| ||||||
12 | Any notary public who violates the provisions of this | ||||||
13 | Section shall be
guilty of official misconduct and subject to | ||||||
14 | fine or imprisonment.
| ||||||
15 | Nothing in this Section shall preclude any consumer of | ||||||
16 | notary public
services from pursuing other civil remedies | ||||||
17 | available under the law.
| ||||||
18 | (e) No notary public who is not an attorney or an | ||||||
19 | accredited representative shall accept payment in exchange for | ||||||
20 | providing legal advice or any other assistance that requires | ||||||
21 | legal analysis, legal judgment, or interpretation of the law. | ||||||
22 | (f) Violation of subsection (e) is a business offense | ||||||
23 | punishable by a fine of 3 times the amount received for | ||||||
24 | services, or $1,001 minimum, and restitution of the amount paid | ||||||
25 | to the consumer. Nothing in this Section shall be construed to | ||||||
26 | preempt nor preclude additional appropriate civil remedies or |
| |||||||
| |||||||
1 | criminal charges available under law. | ||||||
2 | (g) If a notary public of this State is convicted of 2 or | ||||||
3 | more business offenses involving a violation of this Act within | ||||||
4 | a 12-month period while commissioned, or of 3 or more business | ||||||
5 | offenses involving a violation of this Act within a 5-year | ||||||
6 | period regardless of being commissioned, the Secretary shall | ||||||
7 | automatically revoke the notary public commission of that | ||||||
8 | person on the date that the person's most recent business | ||||||
9 | offense 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 | ||||||
14 | signed and dated
by the notary public. The certificate must | ||||||
15 | include identification of the
jurisdiction in which the | ||||||
16 | notarial act is performed and the official seal of office.
| ||||||
17 | (b) A certificate of a notarial act is sufficient if it | ||||||
18 | meets 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 |
| |||||||
| |||||||
1 | officially sign every notary certificate and affix the rubber | ||||||
2 | stamp seal clearly and legibly using black ink, so that it is | ||||||
3 | capable of photographic reproduction. The illegibility of any | ||||||
4 | of the information required under this Section does not affect | ||||||
5 | the 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 | ||||||
10 | signing
certificates other than that by which the notary was | ||||||
11 | commissioned.
| ||||||
12 | (b) A notary public shall not acknowledge any instrument in | ||||||
13 | which the
notary's name appears as a party to the transaction.
| ||||||
14 | (c) A notary public shall not affix his signature to a | ||||||
15 | blank form of
affidavit or certificate of acknowledgment and | ||||||
16 | deliver that form to another
person with intent that it be used | ||||||
17 | as an affidavit or acknowledgment .
| ||||||
18 | (d) A notary public shall not take the acknowledgment of or | ||||||
19 | administer
an oath to any person whom the notary actually knows | ||||||
20 | to have been adjudged
mentally ill by a court of competent | ||||||
21 | jurisdiction and who has not been
restored to mental health as | ||||||
22 | a matter of record.
| ||||||
23 | (e) A notary public shall not take the acknowledgment of | ||||||
24 | any person who
is blind until the notary has read the | ||||||
25 | instrument to such person.
|
| |||||||
| |||||||
1 | (f) A notary public shall not take the acknowledgment of | ||||||
2 | any person who
does not speak or understand the English | ||||||
3 | language, unless the nature and
effect of the instrument to be | ||||||
4 | notarized is translated into a language
which the person does | ||||||
5 | understand.
| ||||||
6 | (g) A notary public shall not change anything in a written | ||||||
7 | instrument
after it has been signed by anyone.
| ||||||
8 | (h) No notary public shall be authorized to prepare any | ||||||
9 | legal
instrument, or fill in the blanks of an instrument, other | ||||||
10 | than a notary
certificate; however, this prohibition shall not | ||||||
11 | prohibit an attorney,
who is also a notary public, from | ||||||
12 | performing notarial acts for any document
prepared by that | ||||||
13 | attorney.
| ||||||
14 | (i) If a notary public accepts or receives any money from | ||||||
15 | any one to
whom an oath has been administered or on behalf of | ||||||
16 | whom an acknowledgment
has been taken for the purpose of | ||||||
17 | transmitting or forwarding such money to
another and willfully | ||||||
18 | fails to transmit or forward such money promptly, the
notary is | ||||||
19 | personally liable for any loss sustained because of such | ||||||
20 | failure.
The person or persons damaged by such failure may | ||||||
21 | bring an action to
recover damages, together with interest and | ||||||
22 | reasonable attorney fees,
against such notary public or his | ||||||
23 | bondsmen.
| ||||||
24 | (Source: P.A. 85-421 .)
|