HB 2176

Abstract

Amends the Illinois Notary Public Act. Modifies the required disavowal of legal representation notice. Provides that the failure of a notary public to follow specified notice requirements shall result in a fine of $1,500 (currently, $1,000) for each written violation. Provides that a second (rather than third) violation shall result in permanent revocation of the commission of notary public (currently, a second violation results in suspension of notary authorization). Provides that prior to rendering notary public services to a person seeking such services, a notary public shall, in addition to any written or electronic notice, also give a verbal disavowal of legal representation that is substantially the same as the statement required for written and electronic advertisements of notary services. Provides that upon providing the verbal disavowal of legal representation, the person seeking notary services shall be provided with an acknowledgment form reciting the disavowal of legal representation, and be required to sign such form acknowledging that he or she has been advised and understands that the notary public is not a licensed attorney and is not otherwise authorized to provide legal advice or services. Provides that the acknowledgment form shall be prescribed by the Secretary of State and be made available in English and in the non-English language in which notary services were solicited. House Committee Amendment No. 1 Requires every notary public who is not an attorney or an accredited immigration representative to, prior to rendering notary services, provide any person seeking notary services with a written acknowledgment. Provides for the contents of the written acknowledgment. Provides that the provision shall not apply to notary services related to documents prepared or produced in accordance with the Illinois Election Code. Removes provisions concerning a verbal disavowal of legal representation and the production of an acknowledgment form reciting the disavowal of legal representation to be signed by the person seeking notary services. House Floor Amendment No. 2 Provides that every notary public who is subject to specified provisions and who is not an attorney or an accredited immigration representative (currently, who is not an attorney or an accredited immigration representative only) shall, prior to rendering notary services, provide any person seeking notary services with a written acknowledgment. Provides that the acknowledgment shall be signed by the recipient of notary services before notary services are rendered, and the notary shall retain copies of all signed acknowledgments throughout their present commission and for 2 years thereafter. Provides that notaries shall provide recipients of notary services with a copy of their signed acknowledgment at the time services are rendered. Senate Committee Amendment No. 1 Requires notaries public to provide a written acknowledgment in English and the language used in the advertisement for notary services. Requires the Office of the Secretary of State to translate an acknowledgment concerning notary services into Spanish and any other language the Secretary of State may deem necessary to achieve specified requirements, and to make the translations available on the website of the Secretary of State. Makes other changes.