ID CARD-HOMELESS AFFIRMATION
SB1173 amends the Illinois Notary Public Act to revise and clarify the rules governing notarial fees, prohibited conduct, recordkeeping, and enforcement. The bill keeps the general maximum fee at $5 for a standard non-electronic notarization and up to $25 for certain notarial acts, while also preserving the separate fee limits for immigration-form assistance, including charges for form completion, translation, notarization, document procurement, and a cap for a complete application. It also confirms that electronic notarial acts may be charged up to $25 and allows a reasonable fee to recover the cost of providing copies of electronic journal entries or audio-video recordings.
The bill adds or reinforces several consumer-protection and compliance provisions. It requires itemized receipts and records for fees accepted, makes it clear that notarial fees must be listed separately from other charges, and states that failure to keep such records is not itself a presumptive admission of wrongdoing in fee-related complaints. It also expressly prohibits charging any fee for notarial acts related to the Illinois Secretary of State Department of Driver Services Homeless Status Certification form, aligning the statute with the bill’s caption and expanding an existing fee waiver into the updated law.
SB1173 also strengthens enforcement and penalties. Violations of the fee limits for traditional or electronic notarizations remain punishable as a Class A misdemeanor for a first offense and a Class 3 felony for repeat offenses within five years. The Attorney General or a State’s Attorney may seek injunctive relief, and if they do not act within 90 days after a complaint, a private person may bring a civil action to enforce the fee restrictions. The bill further preserves and restates a range of notary prohibitions, including restrictions on acting while suspended, altering documents after signing, and improperly handling electronic notary technology or records.
Overall, the bill appears to have broad legislative support, passing the Senate 50-5 and the House 81-28. The voting margins suggest general agreement with the bill’s consumer-protection and anti-fee-abuse goals, especially regarding homeless-status documentation and notary fee transparency. No committee transcript was provided, so there is no recorded committee debate to indicate detailed objections or amendments.
The main point of potential contention is the regulation of notary and immigration-related service fees, particularly for non-attorney providers and electronic notaries, since the bill maintains strict fee caps and adds enforcement tools. Another possible area of concern is the private right of action after a 90-day delay by prosecutors, which expands enforcement beyond state officials. However, the recorded votes indicate that any opposition was limited rather than broad-based.
SB1173 amends the Illinois Notary Public Act, specifically Sections 3-104 and 6-104, to update fee limits, recordkeeping requirements, enforcement mechanisms, and prohibited acts for notaries public and electronic notaries. It codifies a no-fee rule for notarial acts connected to the Illinois Secretary of State Department of Driver Services Homeless Status Certification form, and it reinforces existing limits on immigration-form assistance fees, electronic notarization charges, and disclosure of notarial records. The bill affects notaries public, electronic notaries, immigration-form preparers who are not attorneys or accredited representatives, and state enforcement officials such as the Attorney General, State’s Attorneys, and the Secretary of State.
The overall sentiment appears favorable. The bill passed both chambers by comfortable margins, indicating bipartisan or at least cross-party support for the measure’s consumer-protection and fee-limiting provisions. The absence of committee transcript material limits insight into detailed debate, but the votes suggest the legislature broadly accepted the need to clarify notary fee rules and to protect people seeking homeless-status documentation from being charged for related notarizations.
The likely areas of contention are the bill’s strict fee caps and enforcement provisions. Notaries, electronic notaries, and non-attorney immigration-form service providers may view the limits and recordkeeping obligations as burdensome, while consumer advocates and supporters likely see them as necessary protections against overcharging and abuse. The private enforcement mechanism after a 90-day delay by prosecutors may also raise concerns about expanded civil liability, but the recorded floor votes show that any opposition was relatively limited.