103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2588

 

Introduced 8/16/2023, by Sen. Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 312/3-107

    Amends the Illinois Notary Public Act. Provides that neither a notary public nor an electronic notary public is required to keep a journal of or to otherwise record in a journal a notarial act or an electronic notarial act if that act is performed on specified electoral documents to be filed by or on behalf of a candidate for public office. Clarifies that this exemption from the Act's ordinarily applicable journaling requirement applies without regard to whether the notarial act is performed before, on, or after the effective date of the amendatory Act. Defines "public office". Adds a nonacceleration clause. Effective immediately.


LRB103 33696 JDS 63508 b

 

 

A BILL FOR

 

SB2588LRB103 33696 JDS 63508 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 3. The Illinois Notary Public Act is amended by
5changing Section 3-107 as follows:
 
6    (5 ILCS 312/3-107)
7    (This Section may contain text from a Public Act with a
8delayed effective date)
9    Sec. 3-107. Journal.
10    (a) A notary public or an electronic notary public shall
11keep a journal of each notarial act or electronic notarial act
12which includes, without limitation, the requirements set by
13the Secretary of State in administrative rule, but shall not
14include any electronic signatures of the person for whom an
15electronic notarial act was performed or any witnesses.
16    (b) The Secretary of State shall adopt administrative
17rules that set forth, at a minimum:
18        (1) the information to be recorded for each
19    notarization or electronic notarization;
20        (2) the period during which the notary public or
21    electronic notary public must maintain the journal; and
22        (3) the minimum security requirements for protecting
23    the information in the journal and access to the contents

 

 

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1    of the journal.
2    (c) A notary or electronic notary may maintain his or her
3journal in either paper form or electronic form and may
4maintain more than one journal or electronic journal to record
5notarial acts or electronic notarial acts.
6    (d) The fact that the employer or contractor of a notary or
7electronic notary public keeps a record of notarial acts or
8electronic notarial acts does not relieve the notary public of
9the duties required by this Section. A notary public or
10electronic notary public shall not surrender the journal to an
11employer upon termination of employment and an employer shall
12not retain the journal of an employee when the employment of
13the notary public or electronic notary public ceases.
14    (e) If the journal of a notary public or electronic notary
15public is lost, stolen, or compromised, the notary or
16electronic notary shall notify the Secretary of State within
1710 business days after the discovery of the loss, theft, or
18breach of security.
19    (f) Notwithstanding any other provision of this Section or
20any rules adopted under this Section, neither a notary public
21nor an electronic notary public is required to keep a journal
22of or to otherwise record in a journal a notarial act or an
23electronic notarial act if that act is performed on any of the
24following documents to be filed by or on behalf of a candidate
25for public office:
26        (1) nominating petitions;

 

 

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1        (2) petitions of candidacy;
2        (3) petitions for nomination;
3        (4) nominating papers; or
4        (5) nomination papers.
5    The exemption under this subsection (f) applies regardless
6of whether the notarial act or electronic notarial act is
7performed on the documents described in paragraphs (1) through
8(5) of this subsection before, on, or after the effective date
9of this amendatory Act of the 103rd General Assembly, and the
10failure of a notary public or an electronic notary public to
11keep a journal of or to otherwise record such an act does not
12affect the validity of the notarial act on that document and is
13not a violation of this Act. As used in this subsection (f),
14"public office" has the meaning given in Section 9-1.10 of the
15Election Code.
16(Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for
17effective date of P.A. 102-160).)
 
18    Section 95. No acceleration or delay. Where this Act makes
19changes in a statute that is represented in this Act by text
20that is not yet or no longer in effect (for example, a Section
21represented by multiple versions), the use of that text does
22not accelerate or delay the taking effect of (i) the changes
23made by this Act or (ii) provisions derived from any other
24Public Act.
 
25    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.