HB4769 94TH GENERAL ASSEMBLY

LRB094 18310 DRJ 53621 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4769

Introduced 1/18/2006, by Rep. John D'Amico

SYNOPSIS AS INTRODUCED:

5 ILCS 312/6-102	from Ch. 102, par. 206-102
755 ILCS 45/2-7.8 new
755 ILCS 45/3-3.5 new
755 ILCS 45/4-10.5 new

Amends the Illinois Notary Public Act and the Illinois Power of Attorney Act. Provides that a notary public may sign the name of a person whose signature is to be notarized if: (1) the person is legally competent; (2) the person is physically unable to sign his or her name or make a signature mark on the document; (3) the person directs the notary public to sign the person's name in the person's presence, and the person is physically present when the notary public signs the person's name; (4) the notary public's act of signing the person's name is witnessed by 2 disinterested persons; and (5) the notary public states the circumstances of the signing in the notarial certificate and writes below the signature the following statement: "Signature affixed by notary public pursuant to subsection (e) of Section 6-102 of the Illinois Notary Public Act". Provides that in accordance with those provisions, a notary public may sign a principal's name on a durable power of attorney, a power of attorney for property, or a power of attorney for health care.

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Notary Public Act is amended by changing Section 6-102 as follows:

(5 ILCS 312/6-102) (from Ch. 102, par. 206-102)

Sec. 6-102. Notarial Acts. (a) In taking an acknowledgment, the notary public must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the notary and making the acknowledgment is the person whose true signature is on the instrument.

(b) In taking a verification upon oath or affirmation, the notary public must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the notary and making the verification is the person whose true signature is on the statement verified.

(c) In witnessing or attesting a signature, the notary public must determine, either from personal knowledge or from satisfactory evidence, that the signature is that of the person appearing before the notary and named therein.

(d) A notary public has satisfactory evidence that a person is the person whose true signature is on a document if that person:

(1) is personally known to the notary;

(2) is identified upon the oath or affirmation of a credible witness personally known to the notary; or

(3) is identified on the basis of identification documents.

(e) A notary public may sign the name of a person whose signature is to be notarized if:

(1) the person is legally competent;

(2) the person is physically unable to sign his or her name or make a signature mark on the document;

(3) the person directs the notary public to sign the person's name in the person's presence, and the person is physically present when the notary public signs the person's name;

(4) the notary public's act of signing the person's name is witnessed by 2 disinterested persons; and

(5) the notary public states the circumstances of the signing in the notarial certificate and writes below the signature the following statement: "Signature affixed by notary public pursuant to subsection (e) of Section 6-102 of the Illinois Notary Public Act".

(Source: P.A. 84-322.)

Section 10. The Illinois Power of Attorney Act is amended by adding Sections 2-7.8, 3-3.5, and 4-10.5 as follows:

(755 ILCS 45/2-7.8 new)

Sec. 2-7.8. Notary public's signature of principal's name. A notary public may sign a principal's name on a durable power of attorney in accordance with subsection (e) of Section 6-102 of the Illinois Notary Public Act.

(755 ILCS 45/3-3.5 new)

Sec. 3-3.5. Notary public's signature of principal's name. A notary public may sign a principal's name on a power of attorney for property in accordance with subsection (e) of Section 6-102 of the Illinois Notary Public Act.

(755 ILCS 45/4-10.5 new)

Sec. 4-10.5. Notary public's signature of principal's name. A notary public may sign a principal's name on a power of attorney for health care in accordance with subsection (e) of Section 6-102 of the Illinois Notary Public Act.