Illinois General Assembly - Bill Status for HB4958

Amends the Illinois Notary Public Act. Authorizes the Secretary of State to appoint and commission real estate notaries public to perform notarial acts involving real property documents. Requires that persons seeking appointment as real estate notaries public submit to criminal background checks. Requires that a notary public keep a journal as to notarization of documents concerning real property. Specifies the information to be entered in the journal in order to identify the witnesses who or documents that affirmed the identity of persons whose acknowledgements were notarized. Specifies the manner in which the journal must be kept and the conditions under which journal entries must be disclosed. Makes violations by a notary public punishable by fines imposed by the Secretary of State and revocation of the notary's commission. Makes a notary public's official misconduct with respect to real property documents a Class 2 felony. Makes impersonation of a notary public a Class 1 felony (now, a Class A misdemeanor). Makes unlawful possession of a notary's official seal a Class 2 felony (now, a misdemeanor with a fine not to exceed $1,000). Amends the Conveyances Act. Provides that rights and interests shall (now, may) be acknowledged or proved before specified courts or officers. Provides that when the acknowledgement or proving is outside Illinois but within the United States and its territories, the notary public must be in substantial compliance with the Illinois Notary Public Act.

Deletes everything after the enacting clause. Amends the Illinois Notary Public Act. Changes the qualification requirements for notary public applicants with respect to criminal history and requires that applicants complete a course of study and pass an examination. Increases the notary public application fee by $10, to be used for education and testing. Provides certain bond and fee conditions for notaries employed by the State or by a county, city, or school district. Imposes various restrictions on the use and production of notary seals and stamps. Requires each notary public to keep a journal of notarial acts and provides for the content and security of the journal. Increases the maximum fee for a notarial act from $1 to $10. Defines acknowledgements, verification upon oath or affirmation, and witnessing or attesting a signature as acts performed in the presence of the notary. Specifies documentation necessary to prove identity before a notary and conditions for signature by mark. Prohibits a notary from performing a notarial act if the person requesting the act (i) is not in the notary’s presence, (ii) creates doubt in the notary that he or she understands the consequence of the act, or (iii) does not appear to be acting of his or her own free will. Changes the penalties for various offenses. Changes the grounds for disciplinary action against a notary. Prohibits a non-attorney notary from performing certain acts. Amends the State Finance Act to create a special fund in the State treasury relating to notary education and testing. Amends the Conveyances Act. Specifies that property documents shall (now, may) be acknowledged before certain courts or officials.

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