98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1219

 

Introduced 1/30/2013, by Sen. Patricia Van Pelt

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 312/2-102  from Ch. 102, par. 202-102
5 ILCS 312/2-104  from Ch. 102, par. 202-104
5 ILCS 312/3-101  from Ch. 102, par. 203-101
5 ILCS 312/6-102  from Ch. 102, par. 206-102

    Amends the Illinois Notary Public Act. Provides that if the Secretary of State implements an electronic application system for the appointment of notaries public, then each applicant for appointment as a notary public shall use that system to apply for appointment as a notary public. Authorizes persons making an electronic application for appointment as a notary public to sign and verify electronically the oath that is required of all notaries public. Repeals a provision that would have terminated, as of July 1, 2013, the requirement that a notary public officially sign, at the time of a notarial act, every notary certificate and affix the rubber stamp seal clearly and legibly using black ink, so that it is capable of photographic reproduction. Provides that identification documents are documents that are valid at the time of the notarial act, issued by a state agency, federal government agency, or consulate, and bearing the photographic image of the individual's face and signature of the individual (now, the definition of that term is scheduled to be repealed on July 1, 2013). Effective June 30, 2013.


LRB098 06750 JDS 36798 b

 

 

A BILL FOR

 

SB1219LRB098 06750 JDS 36798 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Notary Public Act is amended by
5changing Sections 2-102, 2-104, 3-101, and 6-102 as follows:
 
6    (5 ILCS 312/2-102)  (from Ch. 102, par. 202-102)
7    Sec. 2-102. Application. Every applicant for appointment
8and commission as a notary shall complete an application form
9furnished by the Secretary of State to be filed with the
10Secretary of State. Upon implementation by the Secretary of
11State of an electronic application system for appointment and
12commission as a notary public, each applicant for appointment
13and commission as a notary public shall use that system in
14order to apply for appointment and commission as a notary
15public. The filing of an electronic application for appointment
16and commission as a notary public shall be the equivalent of
17the filing of a verified, written application for appointment
18and commission as a notary public, and an applicant's
19electronic signature shall be considered the equivalent of the
20applicant's written signature and verified oath, as described
21in Section 2-104 of this Act. Whether making a written or an
22electronic application for appointment and commission as a
23notary public, each applicant shall, in his or her application,

 

 

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1state , stating:
2    (a) the applicant's official name, which contains his or
3her last name and at least the initial of the first name;
4    (b) the county in which the applicant resides or, if the
5applicant is a resident of a state bordering Illinois, the
6county in Illinois in which that person's principal place of
7work or principal place of business is located;
8    (c) the applicant's residence address and business
9address, if any, or any address at which an applicant will use
10a notary public commission to receive fees;
11    (d) that the applicant has resided in the State of Illinois
12for 30 days preceding the application or that the applicant who
13is a resident of a state bordering Illinois has worked or
14maintained a business in Illinois for 30 days preceding the
15application;
16    (e) that the applicant is a citizen of the United States or
17an alien lawfully admitted for permanent residence in the
18United States;
19    (f) that the applicant is at least 18 years of age;
20    (g) that the applicant is able to read and write the
21English language;
22    (h) that the applicant has never been the holder of a
23notary public appointment that was revoked or suspended during
24the past 10 years;
25    (i) that the applicant has not been convicted of a felony;
26and

 

 

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1    (j) any other information the Secretary of State deems
2necessary.
3(Source: P.A. 93-1001, eff. 8-23-04.)
 
4    (5 ILCS 312/2-104)  (from Ch. 102, par. 202-104)
5    Sec. 2-104. Oath. Every applicant making a written
6application for appointment and commission as a notary public
7shall take the following oath in the presence of a person
8qualified to administer an oath in this State, and every
9applicant making an electronic application for appointment and
10commission as a notary public shall electronically sign and
11verify the following statement under oath pursuant to Section
121-109 of the Code of Civil Procedure:
13    "I, (name of applicant), solemnly affirm, under the penalty
14of perjury, that the answers to all questions in this
15application are true, complete, and correct; that I have
16carefully read the notary law of this State; and that, if
17appointed and commissioned as a notary public, I will perform
18faithfully, to the best of my ability, all notarial acts in
19accordance with the law.
20    ................. (Signature of applicant)
21    Subscribed and affirmed before me on (insert date).
22    ................... (Official signature and official seal
23of notary)".
24(Source: P.A. 91-357, eff. 7-29-99.)
 

 

 

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1    (5 ILCS 312/3-101)  (from Ch. 102, par. 203-101)
2    Sec. 3-101. Official Seal and Signature.
3    (a) Each notary public shall, upon receiving the commission
4from the county clerk, obtain an official rubber stamp seal
5with which the notary shall authenticate his official acts. The
6rubber stamp seal shall contain the following information:
7        (1) the words "Official Seal";
8        (2) the notary's official name;
9        (3) the words "Notary Public", "State of Illinois", and
10    "My commission expires____________(commission expiration
11    date)"; and
12        (4) a serrated or milled edge border in a rectangular
13    form not more than one inch in height by two and one-half
14    inches in length surrounding the information.
15    (b) At the time of the notarial act, a notary public shall
16officially sign every notary certificate and affix the rubber
17stamp seal clearly and legibly using black ink, so that it is
18capable of photographic reproduction. The illegibility of any
19of the information required by this Section does not affect the
20validity of a transaction.
21    This subsection does not apply on or after July 1, 2013.
22(Source: P.A. 95-988, eff. 6-1-09.)
 
23    (5 ILCS 312/6-102)  (from Ch. 102, par. 206-102)
24    Sec. 6-102. Notarial Acts.
25    (a) In taking an acknowledgment, the notary public must

 

 

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1determine, either from personal knowledge or from satisfactory
2evidence, that the person appearing before the notary and
3making the acknowledgment is the person whose true signature is
4on the instrument.
5    (b) In taking a verification upon oath or affirmation, the
6notary public must determine, either from personal knowledge or
7from satisfactory evidence, that the person appearing before
8the notary and making the verification is the person whose true
9signature is on the statement verified.
10    (c) In witnessing or attesting a signature, the notary
11public must determine, either from personal knowledge or from
12satisfactory evidence, that the signature is that of the person
13appearing before the notary and named therein.
14    (d) A notary public has satisfactory evidence that a person
15is the person whose true signature is on a document if that
16person:
17        (1) is personally known to the notary;
18        (2) is identified upon the oath or affirmation of a
19    credible witness personally known to the notary; or
20        (3) is identified on the basis of identification
21    documents. Identification Until July 1, 2013,
22    identification documents are documents that are valid at
23    the time of the notarial act, issued by a state agency,
24    federal government agency, or consulate, and bearing the
25    photographic image of the individual's face and signature
26    of the individual.

 

 

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1(Source: P.A. 97-397, eff. 1-1-12.)
 
2    Section 99. Effective date. This Act takes effect June 30,
32013.