Public Act 097-0508
 
HB3041 EnrolledLRB097 08966 JDS 49099 b

    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 3-102 as follows:
 
    (5 ILCS 312/3-102)  (from Ch. 102, par. 203-102)
    Sec. 3-102. Notarial Record; Residential Real Property
Transactions.
    (a) This Section shall apply to every notarial act in
Illinois involving a document of conveyance that transfers or
purports to transfer title to residential real property located
in Cook County.
    (b) As used in this Section, the following terms shall have
the meanings ascribed to them:
        (1) "Document of Conveyance" shall mean a written
    instrument that transfers or purports to transfer title
    effecting a change in ownership to Residential Real
    Property, excluding:
            (i) court-ordered and court-authorized conveyances
        of Residential Real Property, including without
        limitation, quit-claim deeds executed pursuant to a
        marital settlement agreement incorporated into a
        judgment of dissolution of marriage, and transfers in
        the administration of a probate estate;
            (ii) judicial sale deeds relating to Residential
        Real Property, including without limitation, sale
        deeds issued pursuant to proceedings to foreclose a
        mortgage or execute on a levy to enforce a judgment;
            (iii) deeds transferring ownership of Residential
        Real Property to a trust where the beneficiary is also
        the grantor;
            (iv) deeds from grantors to themselves that are
        intended to change the nature or type of tenancy by
        which they own Residential Real Property;
            (v) deeds from a grantor to the grantor and another
        natural person that are intended to establish a tenancy
        by which the grantor and the other natural person own
        Residential Real Property;
            (vi) deeds executed to the mortgagee in lieu of
        foreclosure of a mortgage; and
            (vii) deeds transferring ownership to a revocable
        or irrevocable grantor trust where the beneficiary
        includes the grantor.
        (2) "Financial Institution" shall mean a State or
    federally chartered bank, savings and loan association,
    savings bank, or credit union, or trust company.
        (3) "Notarial Record" shall mean the written document
    created in conformity with this Section by a notary in
    connection with Documents of Conveyance.
        (4) "Residential Real Property" shall mean a building
    or buildings located in Cook County, Illinois and
    containing one to 4 dwelling units or an individual
    residential condominium unit.
        (5) "Title Insurance Agent" shall have the meaning
    ascribed to it under the Title Insurance Act.
        (6) "Title Insurance Company" shall have the meaning
    ascribed to it under the Title Insurance Act.
    (c) A notary appointed and commissioned as a notary in
Illinois shall, in addition to compliance with other provisions
of this Act, create a Notarial Record of each notarial act
performed in connection with a Document of Conveyance. The
Notarial Record shall contain:
        (1) The date of the notarial act;
        (2) The type, title, or a description of the Document
    of Conveyance being notarized, and the property index
    number ("PIN") used to identify the Residential Real
    Property for assessment or taxation purposes and the common
    street address for the Residential Real Property that is
    the subject of the Document of Conveyance;
        (3) The signature, printed name, and residence street
    address of each person whose signature is the subject of
    the notarial act and a certification by the person that the
    property is Residential Real Property as defined in this
    Section, which states "The undersigned grantor hereby
    certifies that the real property identified in this
    Notarial Record is Residential Real Property as defined in
    the Illinois Notary Public Act".
        (4) A description of the satisfactory evidence
    reviewed by the notary to determine the identity of the
    person whose signature is the subject of the notarial act;
        (5) The date of notarization, the fee charged for the
    notarial act, the Notary's home or business phone number,
    the Notary's residence street address, the Notary's
    commission expiration date, the correct legal name of the
    Notary's employer or principal, and the business street
    address of the Notary's employer or principal; and
        (6) The notary public shall require the person signing
    the Document of Conveyance (including an agent acting on
    behalf of a principal under a duly executed power of
    attorney), whose signature is the subject of the notarial
    act, to place his or her right thumbprint on the Notarial
    Record. If the right thumbprint is not available, then the
    notary shall have the party use his or her left thumb, or
    any available finger, and shall so indicate on the Notarial
    Record. If the party signing the document is physically
    unable to provide a thumbprint or fingerprint, the notary
    shall so indicate on the Notarial Record and shall also
    provide an explanation of that physical condition. The
    notary may obtain the thumbprint by any means that reliably
    captures the image of the finger in a physical or
    electronic medium.
    (d) If a notarial act under this Section is performed by a
notary who is a principal, employee, or agent of a Title
Insurance Company, Title Insurance Agent, Financial
Institution, or attorney at law, the notary shall deliver the
original Notarial Record to the notary's employer or principal
within 14 days after the performance of the notarial act for
retention for a period of 7 years as part of the employer's or
principal's business records. In the event of a sale or merger
of any of the foregoing entities or persons, the successor or
assignee of the entity or person shall assume the
responsibility to maintain the Notarial Record for the balance
of the 7-year business records retention period. Liquidation or
other cessation of activities in the ordinary course of
business by any of the foregoing entities or persons shall
relieve the entity or person from the obligation to maintain
Notarial Records after delivery of Notarial Records to the
Recorder of Deeds of Cook County, Illinois.
    (e) If a notarial act is performed by a notary who is not a
principal, employee, or agent of a Title Insurance Company,
Title Insurance Agent, Financial Institution, or attorney at
law, the notary shall deliver the original Notarial Record
within 14 days after the performance of the notarial act to the
Recorder of Deeds of Cook County, Illinois for retention for a
period of 7 years, accompanied by a filing fee of $5.
    (f) The Notarial Record required under subsection (c) of
this Section shall be created and maintained for each person
whose signature is the subject of a notarial act regarding a
Document of Conveyance and shall be in substantially the
following form:
 
NOTARIAL RECORD - RESIDENTIAL REAL PROPERTY TRANSACTIONS
Date Notarized:
Fee: $
 
The undersigned grantor hereby certifies that the real property
identified in this Notarial Record is Residential Real Property
as defined in the Illinois Notary Public Act.
 
Grantor's (Signer's) Printed Name:
 
Grantor's (Signer's) Signature:
 
Grantor's (Signer's) Residential Street Address, City, State,
and Zip:
 
Type or Name of Document of Conveyance:
 
PIN No. of Residential Real Property:
 
Common Street Address of Residential Real Property:
 
Thumbprint or Fingerprint:
 
Description of Means of Identification:
 
Additional Comments:
 
Name of Notary Printed:
 
Notary Phone Number:
 
Commission Expiration Date:
 
Residential Street Address of Notary, City, State, and Zip:
 
Name of Notary's Employer or Principal:
 
Business Street Address of Notary's Employer or Principal,
City, State, and Zip:
 
    (g) No copies of the original Notarial Record may be made
or retained by the Notary. The Notary's employer or principal
may retain copies of the Notarial Records as part of its
business records, subject to applicable privacy and
confidentiality standards.
    (h) The failure of a notary to comply with the procedure
set forth in this Section shall not affect the validity of the
Residential Real Property transaction in connection to which
the Document of Conveyance is executed, in the absence of
fraud.
    (i) The Notarial Record or other medium containing the
thumbprint or fingerprint required by subsection (c)(6) shall
be made available or disclosed only upon receipt of a subpoena
duly authorized by a court of competent jurisdiction. Such
Notarial Record or other medium shall not be subject to
disclosure under the Freedom of Information Act and shall not
be made available to any other party, other than a party in
succession of interest to the party maintaining the Notarial
Record or other medium pursuant to subsection (d) or (e).
    (j) In the event there is a breach in the security of a
Notarial Record maintained pursuant to subsections (d) and (e)
by the Recorder of Deeds of Cook County, Illinois, the Recorder
shall notify the person identified as the "signer" in the
Notarial Record at the signer's residential street address set
forth in the Notarial Record. "Breach" shall mean unauthorized
acquisition of the fingerprint data contained in the Notarial
Record that compromises the security, confidentiality, or
integrity of the fingerprint data maintained by the Recorder.
The notification shall be in writing and made in the most
expedient time possible and without unreasonable delay,
consistent with any measures necessary to determine the scope
of the breach and restore the reasonable security,
confidentiality, and integrity of the Recorder's data system.
    (k) Subsections (a) through (i) shall not apply on and
after July 1, 2013.
    (l) Beginning July 1, 2013, at the time of notarization, a
notary public shall officially sign every notary certificate
and affix the rubber stamp seal clearly and legibly using black
ink, so that it is capable of photographic reproduction. The
illegibility of any of the information required by this Section
does not affect the validity of a transaction.
(Source: P.A. 95-988, eff. 6-1-09.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/23/2011