State of Illinois
91st General Assembly
Legislation

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91_HB2659

 
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 1        AN  ACT  to  amend  the  Illinois  Notary  Public  Act by
 2    changing Section 2-106.

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

 5        Section  5.  The Illinois Notary Public Act is amended by
 6    changing Section 2-106 as follows:

 7        (5 ILCS 312/2-106) (from Ch. 102, par. 202-106)
 8        Sec. 2-106.  Appointment Recorded by  County  Clerk.  The
 9    appointment  of  the applicant as a notary public is complete
10    when the commission is recorded with the county clerk.
11        The Secretary of  State  shall  forward  the  applicant's
12    commission  to  the  county  clerk of the county in which the
13    applicant resides or; for nonresidents, the county  in  which
14    the  applicant  is employed. Upon receipt thereof, the county
15    clerk shall notify the applicant of the action taken  by  the
16    Secretary  of State, and the applicant shall either appear at
17    the county clerk's  office to record the same and receive the
18    commission or request by mail to have the commission sent  to
19    the  applicant  with  a  specimen  signature of the applicant
20    attached to the request. The applicant shall have a record of
21    the appointment,  and  the  time  when  the  commission  will
22    expire,  entered  in  the records of the office of the county
23    clerk. When the applicant appears before  the  county  clerk,
24    the applicant shall pay a fee of $5, at which time the county
25    clerk shall then deliver the commission to the applicant.
26        If  the  appointment  is completed by mail, The applicant
27    shall pay the county clerk a fee of $10.00,  which  shall  be
28    submitted  with  the  request to the county clerk. The county
29    clerk shall then record the appointment and deliver send  the
30    commission by mail to the applicant.
31        If  an  applicant does not respond to the notification by
 
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 1    the county clerk within 30 days, the county clerk shall again
 2    notify the applicant that the county clerk has  received  the
 3    applicant's  notary public commission issued by the Secretary
 4    of State. The second notice shall  be  in  substantially  the
 5    following form:
 6        "The  records  of  this office indicate that you have not
 7        picked up your notary public commission from  the  Office
 8        of the County Clerk.
 9        The  Illinois Notary Public Law requires you to appear in
10        person in the clerk's office, record your commission, and
11        pay a fee of $5.00 to the county clerk  or  request  that
12        your  commission  be mailed to you. You This request must
13        submit be accompanied by a specimen of your signature and
14        a $10.00 fee payable to the county clerk.
15        Your appointment as a notary is not  complete  until  the
16        commission   is   recorded   with   the   county   clerk.
17        Furthermore,  if  you  do  not make arrangements with the
18        clerk for  recording  and  delivery  of  your  commission
19        within  30  days from the date of this letter, the county
20        clerk will return your commission  to  the  Secretary  of
21        State.  Your  commission  will be cancelled and your name
22        will be removed from the list of notaries in the State of
23        Illinois.
24        I should also like to remind  you  that  any  person  who
25        attests  to  any document as a notary and is not a notary
26        in good standing with the  Office  of  the  Secretary  of
27        State is guilty of official misconduct and may be subject
28        to a fine or imprisonment".
29        The  Secretary  of State shall  cancel the appointment of
30    all notaries whose commissions are returned to his office  by
31    the county clerks. No application fee will be refunded and no
32    bonding  company  is  required  to  issue  a  refund  when an
33    appointment is cancelled.
34    (Source: P.A. 84-322.)

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