Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1173 Compare Versions

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1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1173 Introduced 1/24/2025, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED: 15 ILCS 335/12 from Ch. 124, par. 32 Amends the Illinois Identification Card Act. Removes a provision that requires the application of a homeless individual for an Illinois Identification Card to be accompanied by an affirmation by a qualified person, on a form provided by the Secretary of State, that the applicant is currently homeless. LRB104 09910 SPS 19980 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1173 Introduced 1/24/2025, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED: 15 ILCS 335/12 from Ch. 124, par. 32 15 ILCS 335/12 from Ch. 124, par. 32 Amends the Illinois Identification Card Act. Removes a provision that requires the application of a homeless individual for an Illinois Identification Card to be accompanied by an affirmation by a qualified person, on a form provided by the Secretary of State, that the applicant is currently homeless. LRB104 09910 SPS 19980 b LRB104 09910 SPS 19980 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1173 Introduced 1/24/2025, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED:
3+15 ILCS 335/12 from Ch. 124, par. 32 15 ILCS 335/12 from Ch. 124, par. 32
4+15 ILCS 335/12 from Ch. 124, par. 32
5+Amends the Illinois Identification Card Act. Removes a provision that requires the application of a homeless individual for an Illinois Identification Card to be accompanied by an affirmation by a qualified person, on a form provided by the Secretary of State, that the applicant is currently homeless.
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8+A BILL FOR
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311 1 AN ACT concerning State government.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
6-4 Section 5. The Illinois Notary Public Act is amended by
7-5 changing Sections 3-104 and 6-104 as follows:
8-6 (5 ILCS 312/3-104) (from Ch. 102, par. 203-104)
9-7 Sec. 3-104. Maximum fee.
10-8 (a) Except as otherwise provided in this subsection (a),
11-9 the maximum fee for non-electronic notarization in this State
12-10 is $5 for any notarial act performed and up to $25 for any
13-11 notarial act performed pursuant to Section 3-102.
14-12 Fees for a notary public, agency, or any other person who
15-13 is not an attorney or an accredited representative filling out
16-14 immigration forms shall be limited to the following:
17-15 (1) $10 per form completion;
18-16 (2) $10 per page for the translation of a non-English
19-17 language into English where such translation is required
20-18 for immigration forms;
21-19 (3) $5 for notarizing;
22-20 (4) $3 to execute any procedures necessary to obtain a
23-21 document required to complete immigration forms; and
24-22 (5) A maximum of $75 for one complete application.
25-23 Fees authorized under this subsection shall not include
14+4 Section 5. The Illinois Identification Card Act is amended
15+5 by changing Section 12 as follows:
16+6 (15 ILCS 335/12) (from Ch. 124, par. 32)
17+7 Sec. 12. Fees concerning standard Illinois Identification
18+8 Cards. The fees required under this Act for standard Illinois
19+9 Identification Cards must accompany any application provided
20+10 for in this Act, and the Secretary shall collect such fees as
21+11 follows:
22+12 a. Original card................................$2013 b. Renewal card.................................2014 c. Corrected card...............................1015 d. Duplicate card...............................2016 e. Certified copy with seal ....................517 f. (Blank) 18 g. Applicant 65 years of age or over ...........No Fee19 h. (Blank) 20 i. Individual living in Veterans21 Home or Hospital ...........................No Fee22 j. Original card under 18 years of age..........$523 k. Renewal card under 18 years of age...........$5 12 a. Original card................................ $20 13 b. Renewal card................................. 20 14 c. Corrected card............................... 10 15 d. Duplicate card............................... 20 16 e. Certified copy with seal .................... 5 17 f. (Blank) 18 g. Applicant 65 years of age or over ........... No Fee 19 h. (Blank) 20 i. Individual living in Veterans 21 Home or Hospital ........................... No Fee 22 j. Original card under 18 years of age.......... $5 23 k. Renewal card under 18 years of age........... $5
23+12 a. Original card................................ $20
24+13 b. Renewal card................................. 20
25+14 c. Corrected card............................... 10
26+15 d. Duplicate card............................... 20
27+16 e. Certified copy with seal .................... 5
28+17 f. (Blank)
29+18 g. Applicant 65 years of age or over ........... No Fee
30+19 h. (Blank)
31+20 i. Individual living in Veterans
32+21 Home or Hospital ........................... No Fee
33+22 j. Original card under 18 years of age.......... $5
34+23 k. Renewal card under 18 years of age........... $5
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34-1 application fees required to be submitted with immigration
35-2 applications.
36-3 (b) The maximum fee in this State up to $25 for any
37-4 electronic notarial act performed pursuant to this Act. An
38-5 electronic notary public may charge a reasonable fee to
39-6 recover any cost of providing a copy of an entry or a recording
40-7 of an audio-video communication in an electronic journal
41-8 maintained pursuant to Section 3-107.
42-9 (c) Any person who violates the provisions of subsection
43-10 (a) or (b) shall be guilty of a Class A misdemeanor for a first
44-11 offense and a Class 3 felony for a second or subsequent offense
45-12 committed within 5 years of a previous conviction for the same
46-13 offense.
47-14 (d) Upon his own information or upon complaint of any
48-15 person, the Attorney General or any State's Attorney, or their
49-16 designee, may maintain an action for injunctive relief in the
50-17 court against any notary public or any other person who
51-18 violates the provisions of subsection (a) or (b) of this
52-19 Section. These remedies are in addition to, and not in
53-20 substitution for, other available remedies.
54-21 If the Attorney General or any State's Attorney fails to
55-22 bring an action as provided pursuant to this subsection within
56-23 90 days of receipt of a complaint, any person may file a civil
57-24 action to enforce the provisions of this subsection and
58-25 maintain an action for injunctive relief.
59-26 (e) All notaries public must provide itemized receipts and
38+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1173 Introduced 1/24/2025, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED:
39+15 ILCS 335/12 from Ch. 124, par. 32 15 ILCS 335/12 from Ch. 124, par. 32
40+15 ILCS 335/12 from Ch. 124, par. 32
41+Amends the Illinois Identification Card Act. Removes a provision that requires the application of a homeless individual for an Illinois Identification Card to be accompanied by an affirmation by a qualified person, on a form provided by the Secretary of State, that the applicant is currently homeless.
42+LRB104 09910 SPS 19980 b LRB104 09910 SPS 19980 b
43+ LRB104 09910 SPS 19980 b
44+A BILL FOR
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50+15 ILCS 335/12 from Ch. 124, par. 32
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70-1 keep records for fees accepted for services provided. Notarial
71-2 fees must appear on the itemized receipt as separate and
72-3 distinct from any other charges assessed. Failure to provide
73-4 itemized receipts and keep records that can be presented as
74-5 evidence of no wrongdoing shall be construed as a presumptive
75-6 admission of allegations raised in complaints against the
76-7 notary for violations related to accepting prohibited fees.
77-8 (f) No fee shall be charged for any notarial act related to
78-9 the execution of an Illinois Secretary of State Department of
79-10 Driver Services Homeless Status Certification form.
80-11 (Source: P.A. 102-160, eff. 5-6-23 (See Section 91 of P.A.
81-12 103-562 for effective date of P.A. 102-160).)
82-13 (5 ILCS 312/6-104) (from Ch. 102, par. 206-104)
83-14 Sec. 6-104. Acts prohibited.
84-15 (a) A notary public shall not use any name or initial in
85-16 signing certificates other than that by which the notary was
86-17 commissioned.
87-18 (b) A notary public shall not acknowledge any instrument
88-19 in which the notary's name appears as a party to the
89-20 transaction.
90-21 (c) A notary public shall not affix his signature to a
91-22 blank form of affidavit or certificate of acknowledgment.
92-23 (d) A notary public shall not take the acknowledgment of
93-24 or administer an oath to any person whom the notary actually
94-25 knows to have been adjudged mentally ill by a court of
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105-1 competent jurisdiction and who has not been restored to mental
106-2 health as a matter of record.
107-3 (e) A notary public shall not take the acknowledgment of
108-4 any person who is blind until the notary has read the
109-5 instrument to such person.
110-6 (f) A notary public shall not take the acknowledgment of
111-7 any person who does not speak or understand the English
112-8 language, unless the nature and effect of the instrument to be
113-9 notarized is translated into a language which the person does
114-10 understand.
115-11 (g) A notary public shall not change anything in a written
116-12 instrument after it has been signed by anyone.
117-13 (h) No notary public shall be authorized to prepare any
118-14 legal instrument, or fill in the blanks of an instrument,
119-15 other than a notary certificate; however, this prohibition
120-16 shall not prohibit an attorney, who is also a notary public,
121-17 from performing notarial acts for any document prepared by
122-18 that attorney.
123-19 (i) If a notary public accepts or receives any money from
124-20 any one to whom an oath has been administered or on behalf of
125-21 whom an acknowledgment has been taken for the purpose of
126-22 transmitting or forwarding such money to another and willfully
127-23 fails to transmit or forward such money promptly, the notary
128-24 is personally liable for any loss sustained because of such
129-25 failure. The person or persons damaged by such failure may
130-26 bring an action to recover damages, together with interest and
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67+12 a. Original card................................ $20
68+13 b. Renewal card................................. 20
69+14 c. Corrected card............................... 10
70+15 d. Duplicate card............................... 20
71+16 e. Certified copy with seal .................... 5
72+17 f. (Blank)
73+18 g. Applicant 65 years of age or over ........... No Fee
74+19 h. (Blank)
75+20 i. Individual living in Veterans
76+21 Home or Hospital ........................... No Fee
77+22 j. Original card under 18 years of age.......... $5
78+23 k. Renewal card under 18 years of age........... $5
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83+1 l. Corrected card under 18 years of age.........$52 m. Duplicate card under 18 years of age.........$53 n. Homeless person..............................No Fee 4 o. Duplicate card issued to an active-duty5 member of the United States Armed Forces, 6 the member's spouse, or dependent children7 living with the member......................No Fee8 p. Duplicate temporary card.....................$59 q. First card issued to a youth 10 for whom the Department of Children 11 and Family Services is legally responsible 12 or a foster child upon turning the age of 13 16 years old until he or she reaches 14 the age of 21 years old.................... No Fee 15 r. Original card issued to a committed16 person upon release from the17 Department of Corrections, the18 Department of Juvenile Justice, 19 a Federal Bureau of Prisons 20 facility located in Illinois, 21 or a county jail or a county 22 department of corrections .No Fee23 s. Limited-term Illinois Identification24 Card issued to a committed person25 upon release from the Department of26 Corrections, the Department of 1 l. Corrected card under 18 years of age......... $5 2 m. Duplicate card under 18 years of age......... $5 3 n. Homeless person.............................. No Fee 4 o. Duplicate card issued to an active-duty 5 member of the United States Armed Forces, 6 the member's spouse, or dependent children 7 living with the member...................... No Fee 8 p. Duplicate temporary card..................... $5 9 q. First card issued to a youth 10 for whom the Department of Children 11 and Family Services is legally responsible 12 or a foster child upon turning the age of 13 16 years old until he or she reaches 14 the age of 21 years old.................... No Fee 15 r. Original card issued to a committed 16 person upon release from the 17 Department of Corrections, the 18 Department of Juvenile Justice, 19 a Federal Bureau of Prisons 20 facility located in Illinois, 21 or a county jail or a county 22 department of corrections . No Fee 23 s. Limited-term Illinois Identification 24 Card issued to a committed person 25 upon release from the Department of 26 Corrections, the Department of
84+1 l. Corrected card under 18 years of age......... $5
85+2 m. Duplicate card under 18 years of age......... $5
86+3 n. Homeless person.............................. No Fee
87+4 o. Duplicate card issued to an active-duty
88+5 member of the United States Armed Forces,
89+6 the member's spouse, or dependent children
90+7 living with the member...................... No Fee
91+8 p. Duplicate temporary card..................... $5
92+9 q. First card issued to a youth
93+10 for whom the Department of Children
94+11 and Family Services is legally responsible
95+12 or a foster child upon turning the age of
96+13 16 years old until he or she reaches
97+14 the age of 21 years old.................... No Fee
98+15 r. Original card issued to a committed
99+16 person upon release from the
100+17 Department of Corrections, the
101+18 Department of Juvenile Justice,
102+19 a Federal Bureau of Prisons
103+20 facility located in Illinois,
104+21 or a county jail or a county
105+22 department of corrections . No Fee
106+23 s. Limited-term Illinois Identification
107+24 Card issued to a committed person
108+25 upon release from the Department of
109+26 Corrections, the Department of
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117+1 l. Corrected card under 18 years of age......... $5
118+2 m. Duplicate card under 18 years of age......... $5
119+3 n. Homeless person.............................. No Fee
120+4 o. Duplicate card issued to an active-duty
121+5 member of the United States Armed Forces,
122+6 the member's spouse, or dependent children
123+7 living with the member...................... No Fee
124+8 p. Duplicate temporary card..................... $5
125+9 q. First card issued to a youth
126+10 for whom the Department of Children
127+11 and Family Services is legally responsible
128+12 or a foster child upon turning the age of
129+13 16 years old until he or she reaches
130+14 the age of 21 years old.................... No Fee
131+15 r. Original card issued to a committed
132+16 person upon release from the
133+17 Department of Corrections, the
134+18 Department of Juvenile Justice,
135+19 a Federal Bureau of Prisons
136+20 facility located in Illinois,
137+21 or a county jail or a county
138+22 department of corrections . No Fee
139+23 s. Limited-term Illinois Identification
140+24 Card issued to a committed person
141+25 upon release from the Department of
142+26 Corrections, the Department of
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141-1 reasonable attorney fees, against such notary public or his
142-2 bondsmen.
143-3 (j) A notary public shall not perform any notarial act
144-4 when his or her commission is suspended or revoked, nor shall
145-5 he or she fail to comply with any term of suspension which may
146-6 be imposed for violation of this Section.
147-7 (k) No notary public shall be authorized to explain,
148-8 certify, or verify the contents of any document; however, this
149-9 prohibition shall not prohibit an attorney, who is also a
150-10 notary public, from performing notarial acts for any document
151-11 prepared by that attorney.
152-12 (l) A notary public shall not represent himself or herself
153-13 as an electronic notary public if the person has not been
154-14 commissioned as an electronic notary public by the Secretary
155-15 of State.
156-16 (m) No person shall knowingly create, manufacture, or
157-17 distribute software or hardware for the purpose of allowing a
158-18 person to act as an electronic notary public without being
159-19 commissioned in accordance with this Act. A violation of this
160-20 subsection (m) is a Class A misdemeanor.
161-21 (n) No person shall wrongfully obtain, conceal, damage, or
162-22 destroy the technology or device used to create the electronic
163-23 signature or seal of an electronic notary public. A violation
164-24 of this subsection (n) is a Class A misdemeanor.
165-25 (o) A notary public shall not sell, rent, transfer, or
166-26 otherwise make available to a third party, other than the
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147+1 Juvenile Justice, a Federal Bureau 2 of Prisons facility located in 3 Illinois, or a county jail or a 4 county department of corrections .No Fee5 t. Original card issued to a 6 person up to 14 days prior 7 to or upon conditional release 8 or absolute discharge from 9 the Department of Human Services........... No Fee 10 u. Limited-term Illinois Identification 11 Card issued to a person up to 12 14 days prior to or upon 13 conditional release or absolute discharge 14 from the Department of Human Services...... No Fee15 1 Juvenile Justice, a Federal Bureau 2 of Prisons facility located in 3 Illinois, or a county jail or a 4 county department of corrections . No Fee 5 t. Original card issued to a 6 person up to 14 days prior 7 to or upon conditional release 8 or absolute discharge from 9 the Department of Human Services........... No Fee 10 u. Limited-term Illinois Identification 11 Card issued to a person up to 12 14 days prior to or upon 13 conditional release or absolute discharge 14 from the Department of Human Services...... No Fee 15
148+1 Juvenile Justice, a Federal Bureau
149+2 of Prisons facility located in
150+3 Illinois, or a county jail or a
151+4 county department of corrections . No Fee
152+5 t. Original card issued to a
153+6 person up to 14 days prior
154+7 to or upon conditional release
155+8 or absolute discharge from
156+9 the Department of Human Services........... No Fee
157+10 u. Limited-term Illinois Identification
158+11 Card issued to a person up to
159+12 14 days prior to or upon
160+13 conditional release or absolute discharge
161+14 from the Department of Human Services...... No Fee
162+15
163+16 All fees collected under this Act shall be paid into the
164+17 Road Fund of the State treasury, except that the following
165+18 amounts shall be paid into the General Revenue Fund: (i) 80% of
166+19 the fee for an original, renewal, or duplicate Illinois
167+20 Identification Card issued on or after January 1, 2005; and
168+21 (ii) 80% of the fee for a corrected Illinois Identification
169+22 Card issued on or after January 1, 2005.
170+23 An individual, who resides in a veterans home or veterans
171+24 hospital operated by the State or federal government, who
172+25 makes an application for an Illinois Identification Card to be
173+26 issued at no fee, must submit, along with the application, an
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181+1 Juvenile Justice, a Federal Bureau
182+2 of Prisons facility located in
183+3 Illinois, or a county jail or a
184+4 county department of corrections . No Fee
185+5 t. Original card issued to a
186+6 person up to 14 days prior
187+7 to or upon conditional release
188+8 or absolute discharge from
189+9 the Department of Human Services........... No Fee
190+10 u. Limited-term Illinois Identification
191+11 Card issued to a person up to
192+12 14 days prior to or upon
193+13 conditional release or absolute discharge
194+14 from the Department of Human Services...... No Fee
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177-1 electronic notarization platform, the contents of the notarial
178-2 journal, audio-video recordings, or any other record
179-3 associated with any notarial act, including personally
180-4 identifiable information, except when required by law, law
181-5 enforcement, the Secretary of State, or a court order. Upon
182-6 written request of a third party, which request must include
183-7 the name of the parties, the type of document, and the month
184-8 and year in which a record was notarized, a notary public may
185-9 supply a copy of the line item representing the requested
186-10 transaction after personally identifying information has been
187-11 redacted.
188-12 (p) The Secretary of State may suspend the commission of a
189-13 notary or electronic notary who fails to produce any journal
190-14 entry within 10 days after receipt of a request from the
191-15 Secretary of State.
192-16 (q) Upon surrender, revocation, or expiration of a
193-17 commission as a notary or electronic notary, all notarial
194-18 records or electronic notarial records required under this
195-19 Section, except as otherwise provided by law, must be kept by
196-20 the notary public or electronic notary for a period of 5 years
197-21 after the termination of the registration of the notary public
198-22 or electronic notary public.
199-23 (r) A notary public shall not charge a fee for any notarial
200-24 act related to the execution of an Illinois Secretary of State
201-25 Department of Driver Services Homeless Status Certification
202-26 form.
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200+1 affirmation by the applicant on a form provided by the
201+2 Secretary of State, that such person resides in a veterans
202+3 home or veterans hospital operated by the State or federal
203+4 government.
204+5 The application of a homeless individual for an Illinois
205+6 Identification Card to be issued at no fee must be accompanied
206+7 by an affirmation by a qualified person, as defined in Section
207+8 4C of this Act, on a form provided by the Secretary of State,
208+9 that the applicant is currently homeless as defined in Section
209+10 1A of this Act.
210+11 For the application for the first Illinois Identification
211+12 Card of a youth for whom the Department of Children and Family
212+13 Services is legally responsible or a foster child to be issued
213+14 at no fee, the youth must submit, along with the application,
214+15 an affirmation by his or her court appointed attorney or an
215+16 employee of the Department of Children and Family Services on
216+17 a form provided by the Secretary of State, that the person is a
217+18 youth for whom the Department of Children and Family Services
218+19 is legally responsible or a foster child.
219+20 The fee for any duplicate identification card shall be
220+21 waived for any person who presents the Secretary of State's
221+22 Office with a police report showing that his or her
222+23 identification card was stolen.
223+24 The fee for any duplicate identification card shall be
224+25 waived for any person age 60 or older whose identification
225+26 card has been lost or stolen.
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213-1 (Source: P.A. 102-160, eff. 6-5-23 (See Section 91 of P.A.
214-2 102-562 for effective date of P.A. 102-160).)
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