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Public Act 100-0440


 

Public Act 0440 100TH GENERAL ASSEMBLY



 


 
Public Act 100-0440
 
SB1459 EnrolledLRB100 11203 HLH 21512 b

    AN ACT concerning State 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
adding Section 1-105 as follows:
 
    (5 ILCS 312/1-105 new)
    Sec. 1-105. Notarization Task Force on Best Practices and
Verification Standards to Implement Electronic Notarization.
    (a) The General Assembly finds and declares that:
        (1) As more and more citizens throughout the State of
    Illinois rely on electronic devices they also increasingly
    depend on electronic documentation. Any assertion that
    e-mails or word processing documents are necessarily
    "informal and not legally binding" has been dispelled by
    national legislation such as the federal "E-Sign" law in
    2000 and the Uniform Electronic Transactions Act, which has
    been virtually universally adopted throughout the United
    States. Increasingly, laws have bestowed upon electronic
    documents the same legal effect as paper instruments.
        (2) Moreover, institutions, businesses, and commerce
    have gradually put more of their faith in electronic
    commerce and information technology in order to facilitate
    formal and informal interactions that are oftentimes
    mission-critical and sensitive. In order to meet the
    growing demand for electronic commerce that is both
    convenient and secure, understanding the processes and
    technology is critical and the need for an electronic or
    remote notarization - the process of notarizing a signature
    on an electronic document by electronic methods - is
    becoming a necessity.
    (b) As used in this Section, "Task Force" means the
Notarization Task Force on Best Practices and Verification
Standards to Implement Electronic Notarization.
    (c) There is created a Notarization Task Force on Best
Practices and Verification Standards to Implement Electronic
Notarization to review and report on national standards for
best practices in relation to electronic notarization,
including security concerns and fraud prevention. The goal of
the Task Force is to investigate and provide recommendations on
national and State initiatives to implement electronic
notarization in such a manner that increases the availability
to notary public services, protects consumers, and maintains
the integrity of the notarization seal and signature.
    (d) The Task Force's report shall include, but not be
limited to, standards for an electronic signature, including
encryption and decryption; the application process for
electronic notarial commission; and the training of notaries on
electronic notarization standards and best practices prior to
the commission of an electronic notary's electronic signature.
The report shall also evaluate and make a recommendation on
fees for notary application and commission, on which documents
and acts can be attested to by electronic notaries, and on
security measures that will protect the integrity of the
electronic notary's electronic signature, as well as standards
that the Secretary of State may rely upon for revoking an
electronic notarization. The report must make a recommendation
on whether and to what extent this Act should be expanded and
updated.
    (e) The Task Force shall meet no less than 5 times between
the effective date of this amendatory Act of the 100th General
Assembly and December 31, 2019. The Task Force shall prepare a
report that summarizes its work and makes recommendations
resulting from its review. The Task Force shall submit the
report of its findings and recommendations to the Governor and
the General Assembly no later than June 30, 2020.
    (f) The Task Force shall consist of the following 17
members:
        (1) one member appointed by the Secretary of State from
    the Index Department of the Office of the Secretary of
    State;
        (2) one member appointed by the Secretary of State from
    the Department of Information Technology of the Office of
    the Secretary of State;
        (3) one member appointed by the President of the
    Senate;
        (4) one member appointed by the Minority Leader of the
    Senate;
        (5) one member appointed by the Speaker of the House of
    Representatives;
        (6) one member appointed by the Minority Leader of the
    House of Representatives;
        (7) one member appointed by the Attorney General;
        (8) one member appointed by the Secretary of State from
    nominations made by the president of a statewide
    organization representing state's attorneys;
        (9) one member appointed by the Secretary of State from
    nominations made by a statewide organization representing
    attorneys;
        (10) one member appointed by the Secretary of State
    from nominations made by an organization representing
    attorneys in a municipality of more than 1,000,000
    inhabitants;
        (11) one member appointed by the Secretary of State
    from nominations made by a statewide organization
    representing bankers;
        (12) one member appointed by the Secretary of State
    from nominations made by a statewide organization
    representing community bankers;
        (13) one member appointed by the Secretary of State
    from nominations made by a statewide organization
    representing credit unions;
        (14) one member appointed by the Secretary of State
    from nominations made by a statewide organization
    representing corporate fiduciaries;
        (15) one member appointed by the Secretary of State
    from nominations made by an organization representing
    realtors in a municipality of more than 1,000,000
    inhabitants;
        (16) one member appointed by the Secretary of State
    from nominations made by a statewide organization
    representing realtors; and
        (17) one member appointed by the Secretary of State
    from nominations made by a statewide chapter of a national
    organization representing elder law attorneys.
    (g) The Secretary of State shall designate which member
shall serve as chairperson and facilitate the Task Force. The
members of the Task Force shall be appointed no later than 90
days after the effective date of this amendatory Act of the
100th General Assembly. Vacancies in the membership of the Task
Force shall be filled in the same manner as the original
appointment. The members of the Task Force shall not receive
compensation for serving as members of the Task Force.
    (h) The Office of the Secretary of State shall provide the
Task Force with administrative and other support.
    (i) This Section is repealed on July 1, 2020.
 
    Section 99. Effective date. This Act takes effect July 1,
2017.

Effective Date: 8/25/2017