Illinois General Assembly - Full Text of SB3698
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Full Text of SB3698  101st General Assembly




State of Illinois
2019 and 2020


Introduced 2/14/2020, by Sen. Linda Holmes


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    Amends the Illinois Notary Public Act. Provides requirements concerning electronic notarization and electronic notaries public. Amends the Uniform Real Property Electronic Recording Act. Provides that a paper or tangible copy of an electronic document that a notary public has certified to be a true and correct copy satisfies specified recording requirements. Provides further requirements concerning the certification of electronic documents by notaries public. Defines terms. Makes conforming changes. Effective January 1, 2021, or upon the adoption by the Secretary of State of rules necessary for implementation, whichever is later.

LRB101 17219 RJF 66622 b





SB3698LRB101 17219 RJF 66622 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 1-104, 2-101, 2-102, 2-102.5, 2-103, 2-104,
62-105, 2-106, 2-107, 3-101, 3-103, 3-104, 3-105, 3-106, 4-101,
75-101, 5-102, 6-102, and 6-104 and Sections 7-106, 7-107, and
87-108 and by adding Sections 1-106, 2-101.5, 2-102.6, 2-102.7,
93-101.5, and 3-107 and the heading of Article VI-A and Sections
106A-101, 6A-102, 6A-103, 6A-104, 6A-105, 6A-106, and 7-110 as
12    (5 ILCS 312/1-104)  (from Ch. 102, par. 201-104)
13    Sec. 1-104. Definitions. As used in this Act: Notary Public
14and Notarization Defined.
15    "Accredited immigration representative" means a not for
16profit organization recognized by the Board of Immigration
17Appeals under 8 C.F.R. 292.2(a) and employees of those
18organizations accredited under 8 C.F.R. 292.29(d).
19    "Acknowledgment" means a declaration by an individual
20before a notarial officer that the individual has signed a
21record for the purpose stated in the record and, if the record
22is signed in a representative capacity, that the individual
23signed the record with proper authority and signed it as the



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1act of the individual or entity identified in the record.
2    "Audio-video communication" means communication by which a
3person is able to see, hear, and communicate with another
4person in real time using electronic means.
5    "Communication technology" means an electronic device or
6process that allows a notary public and a remotely located
7individual to communicate with each other simultaneously by
8audio-video communication.
9    "Credential" means a tangible record evidencing the
10identity of a person, including a valid and unexpired
11identification card or other document issued by the federal
12government or any state government that contains the photograph
13and signature of the principal.
14    "Credential analysis" means a process or service that
15complies with any rules or regulations adopted by the Secretary
16of State through which a third party affirms the validity of a
17government-issued identification credential or any data
18thereon through the review of data sources.
19    "Digital certificate" means a computer-based record or
20electronic file to a notary public or applicant for commission
21as an electronic notary public for the purpose of creating an
22official electronic signature. The digital certificate shall
23be kept in the exclusive control of the electronic notary
25    "Dynamic knowledge based authentication assessment" means
26an identity assessment that is based on a set of questions



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1formulated from public or private data sources for which the
2person taking the assessment has not previously provided an
3answer and that meets any rules adopted by the Secretary of
5    "Electronic" means of or relating to technology having
6electrical, digital, magnetic, wireless, optical,
7electromagnetic, or similar capabilities.
8    "Electronic document" means information that is created,
9generated, sent, communicated, received, or stored by
10electronic means.
11    "Electronic notarial act" means an act that an electronic
12notary public of this State is authorized to perform. The term
14        (1) taking an acknowledgment;
15        (2) administering an oath or affirmation;
16        (3) executing a jurat;
17        (4) certifying a true and correct copy; and
18        (5) performing such other duties as may be prescribed
19    by a specific statute.
20    "Electronic notarial certificate" means the portion of a
21notarized electronic document that is completed by an online
22notary public and contains the following:
23        (1) the electronic notary public's electronic
24    signature, electronic seal, title, and commission
25    expiration date;
26        (2) other required information concerning the date and



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1    placement of the electronic notarization; and
2        (3) the facts attested to or certified by the
3    electronic notary public in the particular notarization.
4    "Electronic notarial certificate" also may also include a
5remote online notarial certificate as defined under this Act.
6    "Electronic notary public" means a person commissioned by
7the Secretary of State to perform electronic notarial acts.
8    "Electronic record" means a record created, generated,
9sent, communicated, received or stored by electronic means.
10    "Electronic seal" means information within a notarized
11electronic document that includes the names, commission
12number, jurisdiction, and expiration date of the commission of
13an electronic notary public and generally includes the
14information required to be set forth in a mechanical stamp
15under subsection (b-5) of Section 3-101.
16    "Electronic signature" means the official signature of the
17commissioned notary that is on file with the Secretary of State
18and has been reduced to an electronic format that may be
19attached to or logically associated with a record and executed
20or adopted by an individual with the intent to sign the record.
21    "Identity proofing" means a process or service operating
22according to criteria approved by the Secretary of State
23through which a third person affirms the identity of an
24individual through review of personal information from public
25and proprietary data sources, including (a) by means of dynamic
26knowledge-based authentication, such as a review of personal



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1information from public or proprietary data sources; or (b) by
2means of analysis of biometric data, such as, but not limited
3to, facial recognition, voiceprint analysis, or fingerprint
5    "In the presence of" or "appear before" means:
6        (1) being in the same physical location as another
7    person and close enough to see, hear, communication with
8    and exchange credentials with that person; or
9        (2) being in a different physical location from another
10    person, but able to see, hear, and communicate with the
11    person by means of audio-video communication that meets any
12    rules adopted by the Secretary of State.
13    "Notarial act" means an act, whether performed with respect
14to a tangible or electronic record, that a notary public or an
15electronic notary public may perform under the law of this
16State. "Notary act" includes taking an acknowledgment,
17administering an oath or affirmation, taking a verification on
18oath, or affirmation, witnessing or attesting a signature,
19certifying or attesting a copy, and noting a protest of a
20negotiable instrument.
21    "Notary public" or "notary" means an individual appointed
22and commissioned to perform notarial acts.
23    "Notarization" means the performance of a notarial act.
24    "Outside the United States" means a location outside of the
25geographic boundaries of a state or commonwealth of the United
26States, the District of Columbia, Puerto Rico, the United



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1States Virgin Islands, and any territory, or insular
2possession, or other location subject to the jurisdiction of
3the United States.
4    "Principal" means an individual:
5        (1) whose signature is notarized; or
6        (2) taking an oath or affirmation from the notary but
7    not in the capacity of a witness for the notarization.
8    "Public key certificate" means an electronic credential
9which is used to identify an individual who signed an
10electronic record with the certificate.
11    "Real time" means the actual span of uninterrupted time
12during which all parts of an electronic notarial act occur.
13    "Remote electronic notarization system" means a set of
14applications, programs, hardware, software, or technology to
15enable an electronic notary to perform electronic notarial acts
16through audio-video communication.
17    "Remote online notarial certificate" means the form of an
18acknowledgment, jurat, verification on oath or affirmation, or
19verification of witness or attestation that is completed
20remotely by an electronic notary public and:
21        (1) contains the electronic notary's electronic
22    signature, electronic seal, title and commission, and
23    expiration date;
24        (2) contains other required information concerning the
25    date and place of the remote online notarization;
26        (3) otherwise conforms to the requirements for an



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1    acknowledgment, jurat, verification on oath or
2    affirmation, or verification of witness or attestation
3    under the laws of this State; and
4        (4) indicates that the person making the
5    acknowledgment, oath, or affirmation appeared remotely
6    online.
7    "Remote presentation" means the transmission of a quality
8image of a government-issued identification credential to an
9electronic notary public through communication technology for
10the purpose of enabling the electronic notary public to
11identify the person appearing before the electronic notary
12public and to perform a credential analysis.
13    "Tamper evident" means that any change to an electronic
14document shall display evidence of the change.
15    "Unique to the electronic notary public" and "sole control"
16mean, with respect to an electronic notarization, that the
17signing device used to affix the electronic signature of the
18electronic notary public and to render the official electronic
19seal information tamper evident must be accessible by and
20attributable solely to the electronic notary public to the
21exclusion of all other persons and entities for the necessary
22period of time that such device is engaged and operating to
23effectuate the authorized electronic notarization.
24    (a) The terms "notary public" and "notary" are used
25interchangeably to mean any individual appointed and
26commissioned to perform notarial acts.



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1    (b) "Notarization" means the performance of a notarial act.
2    (c) "Accredited immigration representative" means a
3not-for-profit organization recognized by the Board of
4Immigration Appeals under 8 C.F.R. 292.2(a) and employees of
5those organizations accredited under 8 C.F.R. 292.2(d).
6(Source: P.A. 93-1001, eff. 8-23-04.)
7    (5 ILCS 312/1-106 new)
8    Sec. 1-106. Electronic Notarization Fund. The Electronic
9Notarization Fund is created as a special fund in the State
10treasury. Moneys in the Electronic Notarization Fund during the
11preceding calendar year, shall be distributed, subject to
12appropriation, to the Secretary of State to fund the Department
13of Index's implementation of the electronic notarization
15    (5 ILCS 312/2-101)  (from Ch. 102, par. 202-101)
16    Sec. 2-101. Appointment.
17    (a) The Secretary of State may appoint and commission as
18notaries public for a 4-year term as many persons resident in a
19county in this State as he deems necessary. The Secretary of
20State may appoint and commission as notaries public for a
21one-year term as many persons who are residents of a state
22bordering Illinois whose place of work or business is within a
23county in this State as the Secretary deems necessary, but only
24if the laws of that state authorize residents of Illinois to be



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1appointed and commissioned as notaries public in that state.
2    (b) A notary public commissioned in this State may apply
3for an electronic notary public commission to perform
4electronic notarial acts with the name that appears on the
5notary's commission.
6    (c) An individual may apply for a notary public commission
7and apply for an electronic notary public commission at the
8same time.
9    (d) Any notary or electronic notary appointed by the
10Secretary of State may elect not to perform a notarial act or
11an electronic notarial act for any reason.
12    (e) The commission of a notary public and an electronic
13notary public shall have the same term pursuant to subsection
15    (f) The electronic notary public commission of a notary
16public is suspended by operation of law when the notary public
17is no longer appointed and commissioned as a notary public in
18this State under this Act. If the commission of the notary
19public has been revoked or suspended, the Secretary of State
20shall immediately notify the notary public in writing that his
21or her commission as a notary public and as an electronic
22notary public will be suspended by operation of law until he or
23she is reappointed.
24(Source: P.A. 91-818, eff. 6-13-00.)
25    (5 ILCS 312/2-101.5 new)



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1    Sec. 2-101.5. Course of study and examination.
2    (a) Applicants applying for the first time as a notary
3public or as an electronic notary public or applying to renew
4his or her appointment as a notary public or as an electronic
5notary public shall:
6        (1) complete any course of study on notarization and
7    electronic notarization that is required by the Secretary
8    of State; and
9        (2) pass an examination at the completion of the
10    course.
11    (b) Any applicant applying only for a notary public
12commission and not an electronic notary public commission shall
13be required to only take the course of study for notary public
14commissions. Any applicant applying for an electronic notary
15public commission or a commission as both a notary public and
16an electronic notary public must take the course of study for
17both notaries public and electronic notaries public.
18    (c) A course of study required to be completed under this
19Section must:
20        (1) be taken online and be of a duration of not more
21    than 3 hours, including instruction and completion of an
22    examination of the course content;
23        (2) provide instruction in, without limitation,
24    notarial law, ethics, and procedure, as well as technology
25    if applying for an electronic notary public commission;
26        (3) comply with any rules adopted by the Secretary of



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1    State relating to courses of study on notarization and
2    electronic notarization; and
3        (4) be approved by the Secretary of State.
4    (5 ILCS 312/2-102)  (from Ch. 102, par. 202-102)
5    Sec. 2-102. Application.
6    (a) Application for notary public commission. Every
7applicant for appointment and commission as a notary shall
8complete an application in a format prescribed by the Secretary
9of State to be filed with the Secretary of State, stating:
10        (1) (a) the applicant's official name, as it appears on
11    his or her current driver's license or state-issued
12    identification card;
13        (2) (b) the county in which the applicant resides or,
14    if the applicant is a resident of a state bordering
15    Illinois, the county in Illinois in which that person's
16    principal place of work or principal place of business is
17    located;
18        (3) (c) the applicant's residence address, as it
19    appears on his or her current driver's license or
20    state-issued identification card;
21        (4) (c-5) the applicant's business address if
22    different than the applicant's residence address, if
23    performing notarial acts constitutes any portion of the
24    applicant's job duties;
25        (5) (d) that the applicant has resided in the State of



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1    Illinois for 30 days preceding the application or that the
2    applicant who is a resident of a state bordering Illinois
3    has worked or maintained a business in Illinois for 30 days
4    preceding the application;
5        (6) (e) that the applicant is a citizen of the United
6    States or an alien lawfully admitted for permanent
7    residence in the United States;
8        (7) (f) the applicant's date of birth;
9        (8) (g) that the applicant is able to read and write
10    the English language;
11        (9) that the applicant has not had a prior application
12    or commission revoked due to a finding or decision by the
13    Secretary of State (h) that the applicant has never been
14    the holder of a notary public appointment that was revoked
15    or suspended during the past 10 years;
16        (10) (i) that the applicant has not been convicted of a
17    felony;
18        (11) (i-5) that the applicant's signature authorizes
19    the Office of the Secretary of State to conduct a
20    verification to confirm the information provided in the
21    application, including a criminal background check of the
22    applicant, if necessary; and
23        (12) that the applicant has provided satisfactory
24    proof to the Secretary of State that the applicant has
25    successfully completed any required course of study on
26    notarization; and



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1        (13) (j) any other information the Secretary of State
2    deems necessary.
3    (b) Application for electronic notary public commission.
4An application for an electronic notary public commission must
5be filed with the Secretary of State using the online notary
6application system. Every applicant for appointment and
7commission as an electronic notary public shall complete an
8application in a format prescribed by the Secretary of State to
9be filed with the Secretary of State, stating:
10        (1) all information required to be included in an
11    application for appointment as an electronic notary
12    public, as provided under subsection (a);
13        (2) that the applicant is commissioned as a notary
14    public under this Act;
15        (3) the applicant's email address;
16        (4) that the applicant has provided satisfactory proof
17    to the Secretary of State that the applicant has
18    successfully completed any required course of study on
19    electronic notarization and passed a qualifying
20    examination;
21        (5) a description of the technology or device that the
22    applicant intends to use to create his or her electronic
23    signature in performing electronic notarial acts;
24        (6) the electronic signature of the applicant; and
25        (7) any other information the Secretary of State deems
26    necessary.



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1    (c) Electronic notarial acts. Before an electronic notary
2public performs an electronic notarial act using audio-video
3communication, he or she must be granted an electronic notary
4public commission by the Secretary of State under this Section,
5and identify the technology that the electronic notary public
6intends to use, which must be approved by the Secretary of
8    (d) Approval of commission. Upon the applicant's
9fulfillment of the requirements for a notarial commission or an
10electronic notary public commission, the Secretary of State
11shall approve the commission or commissions and issue to the
12applicant a unique commission number, along with a digital
13certificate if approved for an electronic notary public
15    (e) Rejection of application. The Secretary of State may
16reject an application for a notarial commission or an
17electronic notary public commission if the applicant fails to
18comply with any Section of this Act.
19(Source: P.A. 99-112, eff. 1-1-16; 100-809, eff. 1-1-19.)
20    (5 ILCS 312/2-102.5)
21    Sec. 2-102.5. Online notary public application system.
22    (a) The Secretary of State may establish and maintain an
23online application system that permits an Illinois resident to
24apply for appointment and commission as a notary public or
25electronic notary public.



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1    (b) Any such online notary public application system shall
2employ security measures to ensure the accuracy and integrity
3of notary public applications submitted electronically under
4this Section.
5    (c) The Secretary of State may cross reference information
6provided by applicants with that contained in the Secretary of
7State's driver's license and Illinois Identification Card
8databases in order to match the information submitted by
9applicants, and may receive from those databases the
10applicant's digitized signature upon a successful match of the
11applicant's information with that information contained in the
13    (d) An online notary public application shall contain all
14of the information that is required for a paper application as
15provided in Section 2-102 of this Act. The applicant shall also
16be required to provide:
17        (1) the applicant's full Illinois driver's license or
18    Illinois Identification Card number;
19        (2) the date of issuance of the Illinois driver's
20    license or Illinois Identification Card; and
21        (3) the applicant's e-mail address for notices to be
22    provided under this Section.
23    (e) For his or her application to be accepted, the
24applicant shall mark the box associated with the following
25statement included as part of the online notary public
26application: "By clicking on the box below, I swear or affirm



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1all of the following:
2        (1) I am the person whose name and identifying
3    information is provided on this form, and I desire to be
4    appointed and commissioned as a notary public in the State
5    of Illinois.
6        (2) All the information I have provided on this form is
7    true and correct as of the date I am submitting this form.
8        (3) I authorize the Secretary of State to utilize my
9    signature on file with the Secretary of State driver's
10    license and Illinois Identification Card databases and
11    understand that such signature will be used on this online
12    notary public application for appointment and commission
13    as a notary public or electronic notary as if I had signed
14    this form personally."
15        (4) I authorize the Secretary of State to utilize my
16    signature to conduct a verification to confirm the
17    information provided in the application, including a
18    criminal background check, if necessary."
19    (f) Immediately upon receiving a completed online notary
20public application, the online system shall send by electronic
21mail a confirmation notice that the application has been
22received. Upon completion of the procedure outlined in
23subsection (c) of this Section, the online notary public
24application system shall send by electronic mail a notice
25informing the applicant of whether the following information
26has been matched with the Secretary of State driver's license



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1and Illinois Identification Card databases:
2        (1) that the applicant has an authentic Illinois
3    driver's license or Illinois Identification Card issued by
4    the Secretary of State and that the driver's license or
5    Illinois Identification Card number provided by the
6    applicant matches the driver's license or Illinois
7    Identification Card number for that person on file with the
8    Secretary of State;
9        (2) that the date of issuance of the Illinois driver's
10    license or Illinois Identification Card listed on the
11    application matches the date of issuance of that license or
12    card for that person on file with the Secretary of State;
13        (3) that the date of birth provided by the applicant
14    matches the date of birth for that person on file with the
15    Secretary of State; and
16        (4) that the residence address provided by the
17    applicant matches the residence address for that person on
18    file with the Secretary of State.
19    (g) If the information provided by the applicant matches
20all of the criteria identified in subsection (f) of this
21Section, the online notary public application system shall
22retrieve from the Secretary of State's database files an
23electronic copy of the applicant's signature from his or her
24Illinois driver's license or Illinois Identification Card and
25such signature shall be deemed to be the applicant's signature
26on his or her online notary public application.



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1(Source: P.A. 99-112, eff. 1-1-16.)
2    (5 ILCS 312/2-102.6 new)
3    Sec. 2-102.6. Database of notaries public. The Secretary of
4State may maintain a database of notaries public on a
5publicly-accessible website which: (1) any interested person
6may use to verify the authority and good standing of a listed
7individual to perform notarial acts; (2) indicates whether a
8notary holds a valid electronic commission and is able to
9lawfully perform electronic notarial acts; and (3) describes
10any administrative or disciplinary action taken against the
11notary by the Secretary of State.
12    (5 ILCS 312/2-102.7 new)
13    Sec. 2-102.7. Registration of electronic notarization
15    (a) Notaries holding an electronic notary public
16commission shall register the capability to notarize
17electronically before performing any electronic notarial acts
18with the Secretary of State. The registration shall be made
19with the Secretary of State every time an electronic notary
20public adopts a new or additional technology with which to
21perform electronic notarial acts and the technology or vendor
22must first be approved by the Secretary of State.
23    (b) An electronic notary public who registers the
24capability of performing electronic notarial acts shall



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1provide the following information to the Secretary of State:
2        (1) the electronic technology or technologies to be
3    used in attaching or logically associating an electronic
4    notarial signature, seal, and certificate to an electronic
5    document;
6        (2) an exemplar of the notary's electronic signature
7    and official electronic seal; and
8        (3) any necessary instructions or techniques supplied
9    by the vendor that allow the notary's electronic signature
10    and official seal to be read.
11    (c) Prior to any electronic notarial acts being performed
12in this State, the vendor of electronic notarization technology
13must submit the technology to the Secretary of State and
14receive approval by the Secretary of State for use in this
16    (d) The Secretary of State shall adopt rules applicable to
17this Section, setting forth the requirements with which vendors
18of electronic notary platforms and technology must comply.
19    (5 ILCS 312/2-103)  (from Ch. 102, par. 202-103)
20    Sec. 2-103. Appointment Fee.
21    (a) Every applicant for appointment and commission as a
22notary public shall pay to the Secretary of State a fee of $15
23$10. Ten dollars from each applicant fee shall be deposited in
24the General Revenue Fund. Five dollars from each applicant fee
25shall be deposited in the Electronic Notarization Fund.



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1    (b) Every applicant for a commission as an electronic
2notary public shall pay to the Secretary of State a fee of $25.
3This fee is in addition to the fee proscribed for a commission
4as a notary public and shall be deposited in the Electronic
5Notarization Fund.
6(Source: P.A. 85-1396.)
7    (5 ILCS 312/2-104)  (from Ch. 102, par. 202-104)
8    Sec. 2-104. Oath.
9    (a) Every applicant for appointment and commission as a
10notary public shall take the following oath:
11    "I, (name of applicant), solemnly affirm, under the penalty
12of perjury, that the answers to all questions in this
13application are true, complete, and correct; that I have
14carefully read the notary law of this State; and that, if
15appointed and commissioned as a notary public, I will perform
16faithfully, to the best of my ability, all notarial acts in
17accordance with the law.".
18    (b) In the event that the applicant completes a paper
19application for appointment and commission as a notary public,
20he or she shall take the oath in the presence of a person
21qualified to administer an oath in this State. The printed oath
22shall be followed by the signature of the applicant and
23notarized as follows:
24    " ................. (Signature of applicant)
25    State of Illinois



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1    County of (name of county where the notarization is
3    Subscribed and affirmed before me on (insert date) by (name
4of person who signature is being notarized).
5    ................... (Official signature and official seal
6of notary)".
7    (c) In the event that the applicant completes an online
8application for appointment and commission as a notary public,
9he or she shall affirm the oath electronically. An electronic
10affirmation of the oath in the online notary public application
11system shall have the same force and effect as an oath sworn
12and affirmed in person.
13(Source: P.A. 99-112, eff. 1-1-16.)
14    (5 ILCS 312/2-105)  (from Ch. 102, par. 202-105)
15    Sec. 2-105. Bond.
16    (a) Every application for appointment and commission as a
17notary public shall be accompanied by an executed bond
18commencing on the date of the appointment with a term of 4
19years, in the sum of $5,000, with, as surety thereon, a company
20qualified to write surety bonds in this State. The bond shall
21be conditioned upon the faithful performance of all notarial
22acts in accordance with this Act. The Secretary of State may
23prescribe an official bond form.
24    (b) An electronic notary public who performs electronic
25notarial acts by means of audio-video communication shall



SB3698- 22 -LRB101 17219 RJF 66622 b

1obtain and maintain a surety bond in the amount of $25,000 from
2a surety or insurance company licensed to do business in this
3State, and this bond shall be exclusively conditioned on the
4faithful performance of electronic notarial acts by means of
5audio-video communication.
6    (c) All surety bonds shall be filed with the Secretary of
8    (d) In addition to the surety bond, a notary public shall
9maintain an errors and omissions insurance policy from an
10insurer authorized to transact business in this State, in the
11minimum amount of $25,000 and on such terms as are specified by
12the Secretary by rule and that are reasonably necessary to
13protect the public. The applicant shall provide evidence of
14this insurance policy to the Secretary of State.
15(Source: P.A. 84-322.)
16    (5 ILCS 312/2-106)  (from Ch. 102, par. 202-106)
17    Sec. 2-106. Appointment recorded by county clerk. The
18appointment of the applicant as a notary public or an
19electronic notary public is complete when the commission is
20recorded with the county clerk.
21    The Secretary of State shall forward the applicant's
22commission to the county clerk of the county in which the
23applicant resides or, if the applicant is a resident of a state
24bordering Illinois, the county in Illinois in which the
25applicant's principal place of work or principal place of



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1business is located. Upon receipt thereof, the county clerk
2shall notify the applicant of the action taken by the Secretary
3of State, and the applicant shall either appear at the county
4clerk's office to record the same and receive the commission or
5request by mail to have the commission sent to the applicant
6with a specimen signature of the applicant attached to the
7request. The applicant shall have a record of the appointment,
8and the time when the commission will expire, entered in the
9records of the office of the county clerk. When the applicant
10appears before the county clerk, the applicant shall pay a fee
11of $5, at which time the county clerk shall then deliver the
12commission to the applicant.
13    If the appointment is completed by mail, the applicant
14shall pay the county clerk a fee of $10.00, which shall be
15submitted with the request to the county clerk. The county
16clerk shall then record the appointment and send the commission
17by mail to the applicant.
18    If an applicant does not respond to the notification by the
19county clerk within 30 days, the county clerk shall again
20notify the applicant that the county clerk has received the
21applicant's notary public or electronic notary public
22commission issued by the Secretary of State. The second notice
23shall be in substantially the following form:
24    "The records of this office indicate that you have not
25    picked up your notary public commission or electronic
26    notary public commission from the Office of the County



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1    Clerk.
2    The Illinois Notary Public Law requires you to appear in
3    person in the clerk's office, record your commission, and
4    pay a fee of $5.00 to the county clerk or request that your
5    commission be mailed to you. This request must be
6    accompanied by a specimen of your signature and a $10.00
7    fee payable to the county clerk.
8    Your appointment as a notary or an electronic notary is not
9    complete until the commission is recorded with the county
10    clerk. Furthermore, if you do not make arrangements with
11    the clerk for recording and delivery of your commission
12    within 30 days from the date of this letter, the county
13    clerk will return your commission to the Secretary of
14    State. Your commission will be cancelled and your name will
15    be removed from the list of notaries and electronic
16    notaries in the State of Illinois.
17    I should also like to remind you that any person who
18    attests to any document as a notary or an electronic notary
19    and is not a notary or an electronic notary in good
20    standing with the Office of the Secretary of State is
21    guilty of official misconduct and may be subject to a fine
22    or imprisonment.".
23    The Secretary of State shall cancel the appointment of all
24notaries or electronic notaries whose commissions are returned
25to his office by the county clerks. No application fee will be
26refunded and no bonding company is required to issue a refund



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1when an appointment is cancelled. If a notary or electronic
2notary fails to complete his or her commission more than twice
3in the same application year, the notary or electronic notary
4applicant shall not be entitled to reapply for a notarial or
5electronic notarial commission until the following calendar
7(Source: P.A. 100-201, eff. 8-18-17.)
8    (5 ILCS 312/2-107)
9    Sec. 2-107. Notary public remittance agent.
10    (a) Every company, corporation, association, organization,
11or person that remits notary public applications to the
12Secretary of State on behalf of applicants for appointment and
13commission as a notary public, for compensation or otherwise,
14shall comply with standards to qualify for licensure as a
15notary public remittance agent.
16    (b) The standards to qualify for licensure as a notary
17public remittance agent shall include, but not be limited to,
18the following:
19        (1) the applicant has not been the subject of any
20    administrative citation, criminal complaint, or civil
21    action in the State of Illinois arising from his or her
22    duties as a notary public remittance agent;
23        (2) the agent holds a surety bond in the amount of
24    $20,000 for the purposes of acting as a remittance agent;
25    and



SB3698- 26 -LRB101 17219 RJF 66622 b

1        (3) the agent complies with all requirements set forth
2    by the Secretary of State for the submission of the notary
3    public applications.
4    (c) A notary public remittance agent submitting an
5application on behalf of an applicant for appointment and
6commission as a notary public shall remit the application and
7fee provided by the applicant within 30 days after receiving
8the application and fee from the applicant.
9    (d) The agent shall not modify a notary's application
10information in any way prior to submitting the application
11information to the Secretary of State.
12    (e) The agent shall not issue a notary seal or notary stamp
13to the notary applicant until sufficient evidence has been
14received that the notary applicant has received a commission
15from the appropriate county clerk.
16    (f) Any violation of this Act, including this Section, may
17result in an administrative citation, criminal complaint, or
18civil action arising from his or her duties as a notary public
19or notary public remittance agent.
20    (g) (c) The provisions of this Section do not apply to
21units of local government or private business that are making
22applications, and providing application fees for their
24    (h) The Secretary of State shall adopt rules applicable to
25this Section.
26(Source: P.A. 101-366, eff. 1-1-20.)



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1    (5 ILCS 312/3-101)  (from Ch. 102, par. 203-101)
2    Sec. 3-101. Official seal.
3    (a) Notary public official seal. Each notary public shall,
4upon receiving the notary commission from the county clerk,
5obtain an official rubber stamp seal with which the notary
6shall authenticate his official acts. The rubber stamp seal
7shall contain the following information:
8        (1) the words "Official Seal";
9        (2) the notary's official name;
10        (3) the words "Notary Public", "State of Illinois", and
11    "My commission expires ............ (commission expiration
12    date)"; and
13        (4) a serrated or milled edge border in a rectangular
14    form not more than one inch in height by two and one-half
15    inches in length surrounding the information.
16    (b) (Blank).
17    (b-5) Electronic notary public electronic seal and
18electronic signature. An electronic notarial act must be
19evidenced by the following, which must be attached to or
20logically associated with the electronic document that is the
21subject of the electronic notarial act and which must be
22immediately perceptible and reproducible:
23        (1) the electronic signature of the electronic notary
24    public;
25        (2) the electronic seal of the electronic notary



SB3698- 28 -LRB101 17219 RJF 66622 b

1    public;
2        (3) the words "Notary Public", "State of Illinois", and
3    "My commission expires (commission expiration date)"; and
4        (4) language explicitly stating that the electronic
5    notarial act was performed using audio-video
6    communication, if applicable.
7    (c) Registered devices. An electronic notary public shall
8take reasonable steps to ensure that any registered device used
9to create an electronic seal or electronic signature is current
10and has not been revoked or terminated by the device's issuing
11or registering authority.
12    (d) Electronic signature and seal secure. An electronic
13notary public shall keep the electronic notary public's
14electronic signature and electronic seal secure and under the
15notary public's exclusive control. The electronic notary
16public shall not allow another person to use his or her
17electronic signature or electronic seal.
18    (e) Electronic notarial certificate. An electronic notary
19public shall attach his or her electronic signature and
20electronic seal to the electronic notarial certificate of an
21electronic document in a manner that is capable of independent
22verification and renders any subsequent change or modification
23to the electronic document evident.
24    (f) Electronic signature and seal compromised. An
25electronic notary public shall notify an appropriate law
26enforcement agency, the vendor of the electronic notary



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1technology, and the Secretary of State no later than the next
2business day of the theft, compromise, or vandalism of the
3electronic notary public's electronic signature or electronic
5    (g) Electronic signature and seal access. The electronic
6notary public shall not disclose any access information used to
7affix the electronic notary public's signature and seal except
8when requested by law enforcement, the courts, and with
9reasonable precautions, electronic document preparation, and
10transmission vendors.
11(Source: P.A. 100-81, eff. 1-1-18.)
12    (5 ILCS 312/3-101.5 new)
13    Sec. 3-101.5. Security of electronic signature and seal.
14The following requirements apply only to electronic notaries
16    (a) The electronic signature and electronic seal of an
17electronic notary public must be used only for the purposes of
18performing electronic notarial acts.
19    (b) An electronic notary public shall safeguard his or her
20electronic signature, the electronic seal, and all notarial
21records maintained by the notary public as follows:
22        (1) when not in use, the electronic notary public shall
23    keep the electronic signature, electronic seal, and all
24    notarial records secure under the exclusive control of the
25    notary public and protected by a password where applicable;



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1        (2) an electronic notary public shall not permit his or
2    her electronic signature or electronic seal to be used by
3    any other person; and
4        (3) an electronic notary public shall not surrender or
5    destroy his or her electronic notarial records, except as
6    otherwise required by the order of a court, order of law
7    enforcement, or as allowed under any Section of this Act or
8    any rules adopted pursuant thereto.
9    (c) Except as otherwise provided in subsection (d), an
10electronic notary public, no later than the next business day
11following discovering that his or her electronic signature or
12electronic seal has been stolen, lost, damaged, or otherwise
13rendered incapable of affixing a legible image, shall:
14        (1) inform the appropriate law enforcement agency in
15    the case of theft or vandalism; and
16        (2) notify the Secretary of State and the vendor from
17    which the electronic notary public obtained the electronic
18    signature or electronic seal in writing, including,
19    without limitation, a signature using the name under which
20    the electronic notary public is commissioned pursuant to
21    Section 2-106.
22    (d) An electronic notary public shall take reasonable steps
23to maintain the technology or device used to create his or her
24electronic signature, and to ensure that the technology or
25device has not been recalled, revoked, terminated, or otherwise
26rendered ineffective or unsecure by the entity that created the



SB3698- 31 -LRB101 17219 RJF 66622 b

1technology or device. Upon learning that the technology or
2device used to create his or her electronic signature has been
3rendered ineffective or unsecure, an electronic notary public
4shall cease performing electronic notarial acts until:
5        (1) a new technology or device is acquired; and
6        (2) the electronic notary public sends an electronic
7    message to the Secretary of State that includes the
8    electronic signature of the electronic notary public
9    required under paragraph (6) of subsection (b) of Section
10    2-102 relating to the new technology or device.
11    (e) The electronic notary public's electronic signature
12and electronic seal are deemed to be reliable if the following
13requirements are met:
14        (1) it is unique to the electronic notary public;
15        (2) it is capable of independent verification;
16        (3) it is retained under the electronic notary public's
17    sole control;
18        (4) it is attached to or logically associated with the
19    electronic document in a tamper evident manner. Evidence of
20    tampering pursuant to this standard may be used to
21    determine whether the electronic notarial act is valid or
22    invalid; and
23        (5) the electronic notary public has chosen technology
24    or a vendor that meets the minimum requirements established
25    by the Secretary of State and is approved by the Secretary
26    of State.



SB3698- 32 -LRB101 17219 RJF 66622 b

1    (5 ILCS 312/3-103)  (from Ch. 102, par. 203-103)
2    Sec. 3-103. Notice.
3    (a) Every notary public who is not an attorney or an
4accredited immigration representative who advertises the
5services of a notary public in a language other than English,
6whether by radio, television, signs, pamphlets, newspapers,
7electronic communications, or other written communication,
8with the exception of a single desk plaque, shall include in
9the document, advertisement, stationery, letterhead, business
10card, or other comparable written or electronic material the
11following: notice in English and the language in which the
12written or electronic communication appears. This notice shall
13be of a conspicuous size, if in writing or electronic
14communication, and shall state: "I AM NOT AN ATTORNEY LICENSED
19ACTIVITIES ". If such advertisement is by radio or television,
20the statement may be modified but must include substantially
21the same message.
22    A notary public shall not, in any document, advertisement,
23stationery, letterhead, business card, electronic
24communication, or other comparable written material describing
25the role of the notary public, literally translate from English



SB3698- 33 -LRB101 17219 RJF 66622 b

1into another language terms or titles including, but not
2limited to, notary public, notary, licensed, attorney, lawyer,
3or any other term that implies the person is an attorney. To
4illustrate, the word "notario" is prohibited under this
6    Failure to follow the procedures in this Section shall
7result in a fine of $1,500 for each written violation. The
8second violation shall result in permanent revocation of the
9commission of notary public. Violations shall not preempt or
10preclude additional appropriate civil or criminal penalties.
11    (b) All notaries public required to comply with the
12provisions of subsection (a) shall prominently post at their
13place of business as recorded with the Secretary of State
14pursuant to Section 2-102 of this Act a schedule of fees
15established by law which a notary public may charge. The fee
16schedule shall be written in English and in the non-English
17language in which notary services were solicited and shall
18contain the disavowal of legal representation required above in
19subsection (a), unless such notice of disavowal is already
20prominently posted.
21    (c) No notary public, agency or any other person who is not
22an attorney shall represent, hold themselves out or advertise
23that they are experts on immigration matters or provide any
24other assistance that requires legal analysis, legal judgment,
25or interpretation of the law unless they are a designated
26entity as defined pursuant to Section 245a.1 of Part 245a of



SB3698- 34 -LRB101 17219 RJF 66622 b

1the Code of Federal Regulations (8 CFR 245a.1) or an entity
2accredited by the Board of Immigration Appeals.
3    (c-5) In addition to the notice required under subsection
4(a), every notary public who is subject to subsection (a)
5shall, prior to rendering notary services or electronic notary
6services, provide any person seeking notary or electronic
7notary services services with a written acknowledgment that
8substantially states, in English and the language used in the
9advertisement for notary services the following: "I AM NOT AN
13PERFORMANCE OF THOSE ACTIVITIES". The Office of the Secretary
14of State shall translate this acknowledgement into Spanish and
15any other language the Secretary of State may deem necessary to
16achieve the requirements of this subsection (c-5), and shall
17make the translations available on the website of the Secretary
18of State. This acknowledgment shall be signed by the recipient
19of notary services or electronic notary services before notary
20services or electronic notary services are rendered, and the
21notary shall retain copies of all signed acknowledgments
22throughout their present commission and for 2 years thereafter.
23Notaries shall provide recipients of notary services or
24electronic notary services with a copy of their signed
25acknowledgment at the time services are rendered. This
26provision shall not apply to notary services or electronic



SB3698- 35 -LRB101 17219 RJF 66622 b

1notary services related to documents prepared or produced in
2accordance with the Illinois Election Code.
3    (d) Any person who aids, abets or otherwise induces another
4person to give false information concerning immigration status
5shall be guilty of a Class A misdemeanor for a first offense
6and a Class 3 felony for a second or subsequent offense
7committed within 5 years of a previous conviction for the same
9    Any notary public who violates the provisions of this
10Section shall be guilty of official misconduct and subject to
11fine or imprisonment.
12    Nothing in this Section shall preclude any consumer of
13notary public services from pursuing other civil remedies
14available under the law.
15    (e) No notary public who is not an attorney or an
16accredited representative shall accept payment in exchange for
17providing legal advice or any other assistance that requires
18legal analysis, legal judgment, or interpretation of the law.
19    (f) Violation of subsection (e) is a business offense
20punishable by a fine of 3 times the amount received for
21services, or $1,001 minimum, and restitution of the amount paid
22to the consumer. Nothing in this Section shall be construed to
23preempt nor preclude additional appropriate civil remedies or
24criminal charges available under law.
25    (g) If a notary public or electronic notary public of this
26State is convicted of a 2 or more business offense offenses



SB3698- 36 -LRB101 17219 RJF 66622 b

1involving a violation of this Act within a 12-month period
2while commissioned, or of 3 or more business offenses involving
3a violation of this Act within a 5-year period regardless of
4being commissioned, the Secretary shall automatically revoke
5the notary public commission or electronic notary public
6commission of that person on the date that the person's most
7recent business offense conviction is entered as a final
9(Source: P.A. 100-81, eff. 1-1-18; 101-465, eff. 1-1-20.)
10    (5 ILCS 312/3-104)  (from Ch. 102, par. 203-104)
11    Sec. 3-104. Maximum Fee.
12    (a) Except as otherwise provided in this subsection (a)
13provided in subsection (b) of this Section, the maximum fee for
14non-electronic notarization in this State is $1.00 for any
15notarial act performed and, until July 1, 2018, up to $25 for
16any notarial act performed pursuant to Section 3-102.
17    (b) Fees for a notary public, agency, or any other person
18who is not an attorney or an accredited representative filling
19out immigration forms shall be limited to the following:
20        (1) $10 per form completion;
21        (2) $10 per page for the translation of a non-English
22    language into English where such translation is required
23    for immigration forms;
24        (3) $5 $1 for notarizing;
25        (4) $3 to execute any procedures necessary to obtain a



SB3698- 37 -LRB101 17219 RJF 66622 b

1    document required to complete immigration forms; and
2        (5) A maximum of $75 for one complete application.
3    Fees authorized under this subsection shall not include
4application fees required to be submitted with immigration
6    (b) The maximum fee in this State is $25 for any electronic
7notarial act performed pursuant to this Act. An electronic
8notary public may charge a reasonable fee to recover any cost
9of providing a copy of an entry or a recording of an
10audio-video communication in an electronic journal maintained
11pursuant to Section 3-107.
12    (c) Any person who violates the provisions of this
13subsection (a) or (b) shall be guilty of a Class A misdemeanor
14for a first offense and a Class 3 felony for a second or
15subsequent offense committed within 5 years of a previous
16conviction for the same offense.
17    (d) (c) Upon his own information or upon complaint of any
18person, the Attorney General or any State's Attorney, or their
19designee, may maintain an action for injunctive relief in the
20court against any notary public or any other person who
21violates the provisions of subsection (a) or (b) of this
22Section. These remedies are in addition to, and not in
23substitution for, other available remedies.
24    If the Attorney General or any State's Attorney fails to
25bring an action as provided pursuant to this subsection within
2690 days of receipt of a complaint, any person may file a civil



SB3698- 38 -LRB101 17219 RJF 66622 b

1action to enforce the provisions of this subsection and
2maintain an action for injunctive relief.
3    (e) (d) All notaries public must provide receipts and keep
4records for fees accepted for services provided. Failure to
5provide receipts and keep records that can be presented as
6evidence of no wrongdoing shall be construed as a presumptive
7admission of allegations raised in complaints against the
8notary for violations related to accepting prohibited fees.
9(Source: P.A. 98-29, eff. 6-21-13.)
10    (5 ILCS 312/3-105)  (from Ch. 102, par. 203-105)
11    Sec. 3-105. Authority.
12    (a) A notary public shall have authority to perform
13notarial acts, or electronic notarial acts, if the notary holds
14an electronic notary public commission, throughout the State so
15long as the notary resides in the same county in which the
16notary was commissioned or, if the notary is a resident of a
17state bordering Illinois, so long as the notary's principal
18place of work or principal place of business is in the same
19county in Illinois in which the notary was commissioned.
20    (b) An electronic notary public who is physically located
21in this State may perform an electronic notarial act using
22communication technology in accordance with this Article and
23any rules adopted by the Secretary of State for a remotely
24located individual who is physically located: (i) in this
25State; or (ii) outside of this State, but not outside the



SB3698- 39 -LRB101 17219 RJF 66622 b

1United States.
2(Source: P.A. 91-818, eff. 6-13-00.)
3    (5 ILCS 312/3-106)  (from Ch. 102, par. 203-106)
4    Sec. 3-106. Certificate of Authority. Upon the receipt of
5a written request, the notarized document, and a fee of $2
6payable to the Secretary of State or County Clerk, the Office
7of the Secretary of State or County Clerk shall provide a
8certificate of authority in substantially the following form:
9    I ............... (Secretary of State or ......... County
10Clerk) of the State of Illinois, which office is an office of
11record having a seal, certify that ........ (notary's name), by
12whom the foregoing or annexed document was notarized or
13electronically notarized, was, on (insert date), appointed and
14commissioned a notary public in and for the State of Illinois
15and that as such, full faith and credit is and ought to be
16given to this notary's official attestations. In testimony
17whereof, I have affixed my signature and the seal of this
18office on (insert date).
20(Secretary of State or ...... County Clerk).
21(Source: P.A. 91-357, eff. 7-29-99.)
22    (5 ILCS 312/3-107 new)
23    Sec. 3-107. Journal.
24    (a) A notary public or an electronic notary public shall



SB3698- 40 -LRB101 17219 RJF 66622 b

1keep a journal of each notarial act or electronic notarial act
2which includes, without limitation, the requirements of
3subsection (b), but does not include any electronic signatures
4of the person for whom an electronic notarial act was performed
5and any witnesses.
6    (b) A notarial or electronic notarial journal shall contain
7the following information:
8        (1) a description of each notarial act or electronic
9    notarial act, and if the notarization was done
10    electronically, it shall also include whether the
11    electronic notarial act was performed using audio-video
12    communication;
13        (2) the date and time of the notarization or electronic
14    notarization;
15        (3) the type of notarial act and whether the act was
16    performed as a traditional notarial act or an electronic
17    notarial act;
18        (4) the type, the title, or a description of the
19    document, proceeding, or electronic document or electronic
20    proceeding;
21        (5) the printed name and address of each principal
22    involved in the transaction or proceeding;
23        (6) evidence of the identity of each principal involved
24    in the transaction or proceeding in the form of:
25            (A) a statement that the person is personally known
26        to the notary public;



SB3698- 41 -LRB101 17219 RJF 66622 b

1            (B) a notation of the type of identification
2        document provided to the notary public;
3            (C) a record of the identity verification made
4        under paragraph (3) of subsection (d) of Section
5        6A-103, if applicable, and if the notarial act was
6        performed electronically; and
7            (D) The following:
8                (i) the printed name and address of each
9            credible witness swearing to or affirming the
10            person's identity; and
11                (ii) for each credible witness not personally
12            known to the notary or electronic notary, a
13            description of the type of identification
14            documents or identification verification provided
15            to the notary or electronic notary;
16        (7) if a notarial act is performed electronically, the
17    journal shall also include a recording of any audio-video
18    recording that is the basis for satisfactory evidence of
19    identity and a notation of the type of identification
20    presented as evidence; and
21        (8) the fee, if any, charged for the notarization or
22    electronic notarization.
23    (c) A notary or electronic notary shall:
24        (1) maintain and protect the journal at all times under
25    his or her sole control and surrender or destroy the
26    journal only by rule of law, by court order, or at the



SB3698- 42 -LRB101 17219 RJF 66622 b

1    direction of the Secretary of State;
2        (2) provide for lawful inspection and copying of the
3    journal;
4        (3) if the journal is electronic, enable access by a
5    password or other secure means of authentication;
6        (4) be capable of providing tangible or electronic
7    copies of any entry made in the journal;
8        (5) ensure the integrity, security, and authenticity
9    of the journal;
10        (6) maintain a backup of any journal maintained
11    electronically; and
12        (7) protect the backup record from unauthorized use if
13    the journal is maintained electronically.
14    (d) A notary or electronic notary may maintain his or her
15journal in either paper form or electronic form and may
16maintain more than one journal or electronic journal to record
17notarial acts or electronic notarial acts.
18    (e) The fact that the employer or contractor of a notary or
19electronic notary keeps a record of notarial acts or electronic
20notarial acts does not relieve the notary public of the duties
21required by this Section. A notary public or electronic notary
22public shall not surrender the journal to an employer upon
23termination of employment and an employer shall not retain the
24journal of an employee when the employment of the notary public
25or electronic notary public ceases.
26    (f) The Secretary of State may suspend the commission of a



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1notary or electronic notary who fails to produce any journal
2entry within 10 days after receipt of a request from the
3Secretary of State.
4    (g) The journal required by this Section shall be
5maintained for at least 5 years after the date of the
6transaction or proceeding.
7    (h) Upon surrender, revocation, or expiration of a
8commission as a notary or electronic notary, all notarial
9records or electronic notarial records required under this
10section, except as otherwise provided by law, must be kept by
11the notary public or electronic notary for a period of 5 years
12after the termination of the registration of the notary public
13or electronic notary public.
14    (i) If the journal of a notary public or electronic notary
15public is lost, stolen, or compromised, the notary or
16electronic notary shall notify the Secretary of State on
17discovery of the loss, theft, or breach of security.
18    (5 ILCS 312/4-101)  (from Ch. 102, par. 204-101)
19    Sec. 4-101. Changes causing commission to cease to be in
21    (a) When any notary public legally changes his or her name,
22changes his or her residential address or business address, or
23email address, without notifying the Index Department of the
24Secretary of State in writing within 30 days thereof, or, if
25the notary public is a resident of a state bordering Illinois,



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1no longer maintains a principal place of work or principal
2place of business in the same county in Illinois in which he or
3she was commissioned, the commission of that notary ceases to
4be in effect. When the commission of a notary public ceases to
5be in effect, his or her notarial seal or electronic notary
6seal shall be surrendered to the Secretary of State, and his or
7her certificate of notarial commission or certificate of
8electronic notarial commission shall be destroyed. These
9individuals who desire to again become a notary public must
10file a new application, bond, and oath with the Secretary of
12    (b) Any change to the information submitted by an
13electronic notary public in registering to perform electronic
14notarial acts in compliance with any Section of this Act shall
15be reported by the notary within 30 business days to the
16Secretary of State.
17    (c) Any notary public or electronic notary public that
18fails to comply with this Section shall be prohibited from
19obtaining a new commission for a period of not less than 5
21(Source: P.A. 100-809, eff. 1-1-19.)
22    (5 ILCS 312/5-101)  (from Ch. 102, par. 205-101)
23    Sec. 5-101. Reappointment. No person is automatically
24reappointed as a notary public or electronic notary public. At
25least 60 days prior to the expiration of a commission, the



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1Secretary of State shall mail notice of the expiration date to
2the holder of a commission. Every notary public or electronic
3notary public who is an applicant for reappointment shall
4comply with the provisions of Article II of this Act.
5(Source: P.A. 84-322.)
6    (5 ILCS 312/5-102)  (from Ch. 102, par. 205-102)
7    Sec. 5-102. Solicitation to Purchase Bond. No person shall
8solicit any notary public and offer to provide a surety bond
9more than 60 days in advance of the expiration date of the
10notary public's commission of a notary public or electronic
11notary public.
12    Nor shall any person solicit any applicant for a commission
13or reappointment thereof and offer to provide a surety bond for
14the notary commission unless any such solicitation
15specifically sets forth in bold face type not less than 1/4
16inch in height the following: "WE ARE NOT ASSOCIATED WITH ANY
18    Whenever it shall appear to the Secretary of State that any
19person is engaged or is about to engage in any acts or
20practices which constitute or will constitute a violation of
21the provisions of this Section, the Secretary of State may, in
22his discretion, through the Attorney General, apply for an
23injunction, and, upon a proper showing, any circuit court shall
24have power to issue a permanent or temporary injunction or
25restraining order without bond to enforce the provisions of



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1this Act, and either party to such suit shall have the right to
2prosecute an appeal from the order or judgment of the court.
3    Any person, association, corporation, or others who
4violate the provisions of this Section shall be guilty of a
5business offense and punishable by a fine of not less than $500
6for each offense.
7(Source: P.A. 84-322.)
8    (5 ILCS 312/6-102)  (from Ch. 102, par. 206-102)
9    Sec. 6-102. Notarial Acts.
10    (a) In taking an acknowledgment, the notary public must
11determine, either from personal knowledge or from satisfactory
12evidence, that the person appearing before the notary and
13making the acknowledgment is the person whose true signature is
14on the instrument.
15    (b) In taking a verification upon oath or affirmation, the
16notary public must determine, either from personal knowledge or
17from satisfactory evidence, that the person appearing before
18the notary and making the verification is the person whose true
19signature is on the statement verified.
20    (c) In witnessing or attesting a signature, the notary
21public must determine, either from personal knowledge or from
22satisfactory evidence, that the signature is that of the person
23appearing before the notary and named therein.
24    (d) A notary public has satisfactory evidence that a person
25is the person whose true signature is on a document if that



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2        (1) is personally known to the notary;
3        (2) is identified upon the oath or affirmation of a
4    credible witness personally known to the notary; or
5        (3) is identified on the basis of identification
6    documents. Identification documents are documents that are
7    valid at the time of the notarial act, issued by a state
8    agency, federal government agency, or consulate, and
9    bearing the photographic image of the individual's face and
10    signature of the individual.
11    (e) A notary public or electronic notary public shall have
12no obligation to perform any notarial or electronic notarial
13act, and may refuse to perform a notarial or electronic
14notarial act without further explanation.
15(Source: P.A. 97-397, eff. 1-1-12; 98-29, eff. 6-21-13.)
16    (5 ILCS 312/6-104)  (from Ch. 102, par. 206-104)
17    Sec. 6-104. Acts prohibited.
18    (a) A notary public shall not use any name or initial in
19signing certificates other than that by which the notary was
21    (b) A notary public shall not acknowledge any instrument in
22which the notary's name appears as a party to the transaction.
23    (c) A notary public shall not affix his signature to a
24blank form of affidavit or certificate of acknowledgment.
25    (d) A notary public shall not take the acknowledgment of or



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1administer an oath to any person whom the notary actually knows
2to have been adjudged mentally ill by a court of competent
3jurisdiction and who has not been restored to mental health as
4a matter of record.
5    (e) A notary public shall not take the acknowledgment of
6any person who is blind until the notary has read the
7instrument to such person.
8    (f) A notary public shall not take the acknowledgment of
9any person who does not speak or understand the English
10language, unless the nature and effect of the instrument to be
11notarized is translated into a language which the person does
13    (g) A notary public shall not change anything in a written
14instrument after it has been signed by anyone.
15    (h) No notary public shall be authorized to prepare any
16legal instrument, or fill in the blanks of an instrument, other
17than a notary certificate; however, this prohibition shall not
18prohibit an attorney, who is also a notary public, from
19performing notarial acts for any document prepared by that
21    (i) If a notary public accepts or receives any money from
22any one to whom an oath has been administered or on behalf of
23whom an acknowledgment has been taken for the purpose of
24transmitting or forwarding such money to another and willfully
25fails to transmit or forward such money promptly, the notary is
26personally liable for any loss sustained because of such



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1failure. The person or persons damaged by such failure may
2bring an action to recover damages, together with interest and
3reasonable attorney fees, against such notary public or his
5    (j) A notary public shall not perform any notarial act when
6his or her commission is suspended or revoked, nor shall he or
7she fail to comply with any term of suspension which may be
8imposed for violation of this Section.
9    (k) No notary public shall be authorized to explain,
10certify, or verify the contents of any document; however, this
11prohibition shall not prohibit an attorney, who is also a
12notary public, from performing notarial acts for any document
13prepared by that attorney.
14    (l) A notary public shall not represent himself or herself
15as an electronic notary public if the person has not been
16commissioned as an electronic notary public by the Secretary of
18    (m) No person shall knowingly create, manufacture, or
19distribute software or hardware for the purpose of allowing a
20person to act as an electronic notary public without being
21commissioned in accordance with this Act. A violation of this
22subsection (m) is a Class A misdemeanor.
23    (n) No person shall wrongfully obtain, conceal, damage, or
24destroy the technology or device used to create the electronic
25signature or seal of an electronic notary public. A violation
26of this subsection (n) is a Class A misdemeanor.



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1(Source: P.A. 100-81, eff. 1-1-18; 100-809, eff. 1-1-19.)
2    (5 ILCS 312/Art. VI-A heading new)

5    (5 ILCS 312/6A-101 new)
6    Sec. 6A-101. Requirements for systems and providers of
7electronic notarial technology.
8    (a) An electronic notarization system shall comply with
9this Act and any rules adopted by the Secretary of State.
10    (b) An electronic notarization system requiring enrollment
11shall enroll only persons commissioned as electronic notaries
12public by the Secretary of State.
13    (c) An electronic notarization vendor shall take
14reasonable steps to ensure that an electronic notary public who
15has enrolled to use the system has the knowledge to use it to
16perform electronic notarial acts in compliance with this Act.
17    (d) A provider of an electronic notarization system
18requiring enrollment shall notify the Secretary of State of the
19name of each electronic notary public who enrolls in the system
20within 5 days after enrollment by means prescribed by rule by
21the Secretary of State.
22    (e) An electronic notarization system shall require access
23to the system by a password or other secure means of



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1    (f) An electronic notarization system shall enable an
2electronic notary public to affix the electronic notary's
3electronic signature in a manner that attributes such signature
4to the electronic notary.
5    (g) An electronic notarization system shall render every
6electronic notarial act tamper evident.
7    (h) An electronic notary public shall not use an electronic
8notarization if:
9        (1) the electronic notary cannot competently operate
10    the electronic notarization system; or
11        (2) the electronic notary has a reasonable belief that
12    an electronic notarization system does not meet the
13    requirements set forth in this Act.
14    (5 ILCS 312/6A-102 new)
15    Sec. 6A-102. Electronic notary not liable for system
16failure. An electronic notary public who exercised reasonable
17care enrolling in and using an electronic notarization system
18shall not be liable for any damages resulting from the system's
19failure to comply with the requirements of this Act. Any
20provision in a contract or agreement between the electronic
21notary public and provider that attempts to waive this immunity
22shall be null, void, and of no effect.
23    (5 ILCS 312/6A-103 new)
24    Sec. 6A-103. Electronic notarial acts.



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1    (a) An electronic notary public:
2        (1) is a notary public for purposes of this Act and is
3    subject to all provisions of this Act;
4        (2) may perform notarial acts as provided by this Act
5    in addition to performing electronic notarizations; and
6        (3) may perform an electronic notarization authorized
7    under this Article.
8    (b) In performing an electronic notarization, an
9electronic notary public shall verify the identity of a person
10creating an electronic signature at the time that the signature
11is taken by using two-way audio and video conference technology
12that meets the requirements of this Act and rules adopted under
13this Article. For the purposes of performing an electronic
14notarial act for a person using audio-video communication, an
15electronic notary public has satisfactory or documentary
16evidence of the identity of the person if the electronic notary
17public confirms the identity of the person by:
18        (1) the electronic notary public's personal knowledge
19    of the person creating the electronic signature; or
20        (2) each of the following:
21            (A) remote presentation by the person creating the
22        electronic signature of a government-issued
23        identification credential, including a passport or
24        driver's license, that contains the signature and a
25        photograph of the person;
26            (B) credential analysis of the front and back of



SB3698- 53 -LRB101 17219 RJF 66622 b

1        the government-issued identification credential and
2        the data thereon; and
3            (C) a dynamic knowledge-based authentication
4        assessment.
5    (c) An electronic notary public may perform any of the acts
6set forth in Section 6-102 using audio-video communication in
7accordance with this Section and any rules adopted by the
8Secretary of State.
9    (d) If an electronic notarial act is performed using
10audio-video communication:
11        (1) the technology must allow the persons
12    communicating to see and speak to each other
13    simultaneously;
14        (2) the signal transmission must be in real time; and
15        (3) the electronic notarial act must be recorded.
16    (e) The validity of the electronic notarial act will be
17determined by applying the laws of the State of Illinois.
18    (f) The electronic notarial certificate for an electronic
19notarization must include a notation that the notarization is
20an electronic notarization.
21    (g) When performing an electronic notarization, an
22electronic notary public shall complete an electronic notarial
23certificate and attach or logically associate the electronic
24notary's electronic signature and seal to that certificate in a
25tamper evident manner. Evidence of tampering pursuant to this
26standard may be used to determine whether the electronic



SB3698- 54 -LRB101 17219 RJF 66622 b

1notarial act is valid or invalid.
2    (h) The liability, sanctions, and remedies for improper
3performance of electronic notarial acts are the same as
4described and provided by law for the improper performance of
5non-electronic notarial acts as described under Section 7-108.
6    (i) Electronic notarial acts need to fulfill certain basic
7requirements to ensure non-repudiation and the capability of
8being authenticated by the Secretary of State for purposes of
9issuing apostilles and certificates of authentication. The
10requirements are as follows:
11        (1) the fact of the electronic notarial act, including
12    the electronic notary's identity, signature, and
13    electronic commission status, must be verifiable by the
14    Secretary of State; and
15        (2) the notarized electronic document will be rendered
16    ineligible for authentication by the Secretary of State if
17    it is improperly modified after the time of electronic
18    notarization, including any unauthorized alterations to
19    the document content, the electronic notarial certificate,
20    the electronic notary public's electronic signature, or
21    the electronic notary public's official electronic seal.
22    (5 ILCS 312/6A-104 new)
23    Sec. 6A-104. Requirements for audio-video communication.
24    (a) An electronic notary public shall arrange for a
25recording to be made of each electronic notarial act performed



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1using audio-video communication. The audio-video recording
2required by this Section shall be in addition to the journal
3entry for the electronic notarial act required by Section
43-107. Before performing any electronic notarial act using
5audio-video communication, the electronic notary public must
6inform all participating persons that the electronic
7notarization will be electronically recorded.
8    (b) If the person for whom the electronic notarial act is
9being performed is identified by personal knowledge, the
10recording of the electronic notarial act must include an
11explanation by the electronic notary public as to how he or she
12knows the person and how long he or she has known the person.
13    (c) If the person for whom the electronic notarial act is
14being performed is identified by a credible witness:
15        (1) the credible witness must appear before the
16    electronic notary public; and
17        (2) the recording of the electronic notarial act must
18    include:
19            (A) a statement by the electronic notary public as
20        to whether he or she identified the credible witness by
21        personal knowledge or satisfactory evidence; and
22            (B) an explanation by the credible witness as to
23        how he or she knows the person for whom the electronic
24        notarial act is being performed and how long he or she
25        has known the person.
26    (d) An electronic notary public shall keep a recording made



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1pursuant to this Section for a period of not less than 7 years,
2regardless of whether the electronic notarial act was actually
4    (e) An electronic notary public who performs an electronic
5notarial act for a principal by means of audio-video
6communication shall be located within the State of Illinois at
7the time the electronic notarial act is performed. The
8electronic notary public shall include a statement in the
9electronic notarial certificate to indicate that the
10electronic notarial act was performed by means of audio-video
11communication. The statement may also be included in the
12electronic notarial seal.
13    (f) The remote electronic notarization system used to
14perform electronic notarial acts by means of audio-video
15communication shall:
16        (1) provide sufficient audio clarity and video
17    resolution to enable the electronic notary public and the
18    principal to see and speak to each other simultaneously
19    through live, real time transmission;
20        (2) include a means of authentication that reasonably
21    ensures only the proper parties have access to the
22    audio-video communication;
23        (3) provide some manner of ensuring that the electronic
24    record that is presented for electronic notarization is the
25    same record electronically signed by the principal;
26        (4) enable the electronic notary public to verify the



SB3698- 57 -LRB101 17219 RJF 66622 b

1    identity of the principal through multiple identity
2    verification methods, which may include: (i) completion of
3    a dynamic knowledge-based authentication assessment; (ii)
4    credential analysis of a remotely presented
5    government-issued identification that contains the
6    signature and a photograph of the principal; (iii) a valid
7    public key certificate; or (iv) any other identity proofing
8    method adopted by the commissioning official;
9        (5) be capable of creating, storing, and accessing an
10    electronic recording of the audio-video communication; and
11        (6) provide reasonable security measures to prevent
12    unauthorized access to: (i) the live transmission of the
13    audio-video communication; (ii) a recording of the
14    audio-video communication; (iii) the verification methods
15    and credentials used to verify the identity of the
16    principal; and (iv) the electronic documents presented for
17    electronic notarization.
18    (g) An electronic notary public who performs an electronic
19notarial act for a principal by means of audio-video
20communication shall:
21        (1) be located within this State at the time the
22    electronic notarial act is performed;
23        (2) execute the electronic notarial act in a single
24    recorded session that complies with Section 6A-103;
25        (3) be satisfied that any electronic record that is
26    electronically signed, acknowledged, or otherwise



SB3698- 58 -LRB101 17219 RJF 66622 b

1    presented for electronic notarization by the principal is
2    the same record electronically signed by the electronic
3    notary;
4        (4) be satisfied that the quality of the audio-video
5    communication is sufficient to make the determinations
6    required for the electronic notarial act under this Act and
7    any other law of this State; and
8        (5) identify the venue for the electronic notarial act
9    as the jurisdiction within Illinois where the notary is
10    physically located while performing the act.
11    (h) An electronic notarization system used to perform
12electronic notarial acts by means of audio-video communication
14        (1) require the electronic notary public, the
15    principal, and any required witness to access the system
16    through an authentication procedure that is reasonably
17    secure from unauthorized access;
18        (2) enable the electronic notary public to verify the
19    identity of the principal and any required witness by means
20    of personal knowledge or satisfactory evidence of identity
21    in compliance with Section 6-102;
22        (3) provide reasonable certainty that the electronic
23    notary public, principal, and any required witness are
24    viewing the same electronic record and that all signatures,
25    changes, and attachments to the electronic record are made
26    in real time; and



SB3698- 59 -LRB101 17219 RJF 66622 b

1        (4) be capable of creating, archiving, and protecting
2    the audio-video recording, and capable of providing public
3    and official access, inspection, and copying of this
4    recording as required by this Act.
5    (i) The audio-video recording shall include:
6        (1) at the commencement of the recording, a recitation
7    by the electronic notary public of information sufficient
8    to identify the electronic notarial act;
9        (2) a declaration by the principal that the principal's
10    electronic signature on the record was knowingly and
11    voluntarily made;
12        (3) all actions and spoken words of the principal,
13    notary public, and any required witness during the entire
14    electronic notarial act; and
15        (4) at the discretion of the principal, an accurate and
16    complete image of the entire electronic record that was
17    viewed and electronically signed by the principal and the
18    electronic notary public.
19    (j) The provisions of Section 3-107 related respectively to
20security, inspection, copying, and disposition of the journal
21shall also apply to security, inspection, copying, and
22disposition of audio-video recordings required by this
24    (5 ILCS 312/6A-105 new)
25    Sec. 6A-105. Electronic certificate of notarial acts.



SB3698- 60 -LRB101 17219 RJF 66622 b

1    (a) An electronic notarial act must be evidenced by an
2electronic notarial certificate signed and dated by the
3electronic notary public. The electronic notarial certificate
4must include identification of the jurisdiction in which the
5electronic notarial act is performed and the electronic seal of
6the electronic notary public.
7    (b) An electronic notarial certificate of an electronic
8notarial act is sufficient if it meets the requirements of
9subsection (a) and it:
10        (1) is in the short form set forth in 6-105;
11        (2) is in a form otherwise prescribed by the law of
12    this State; or
13        (3) sets forth the actions of the electronic notary
14    public and those are sufficient to meet the requirements of
15    the designated electronic notarial act.
16    (c) At the time of an electronic notarial act, an
17electronic notary public shall officially sign every
18electronic notarial certificate and electronically affix the
19electronic seal clearly and legibly, so that it is capable of
20photographic reproduction. The illegibility of any of the
21information required under this Section does not affect the
22validity of a transaction.
23    (5 ILCS 312/6A-106 new)
24    Sec. 6A-106. Electronic acknowledgments; physical



SB3698- 61 -LRB101 17219 RJF 66622 b

1    (a) For purposes of this Act, a person may appear before
2the person taking the acknowledgment by:
3        (1) being in the same physical location as the other
4    person and close enough to see, hear, communicate with, and
5    exchange tangible identification credentials with that
6    person; or
7        (2) being outside the physical presence of the other
8    person, but interacting with the other person by means of
9    communication technology.
10    (b) If the acknowledging person is outside the physical
11presence of the person taking the acknowledgment, the
12certification of acknowledgment must indicate that the
13notarial act was performed by means of communication
14technology. A form of certificate of acknowledgment as provided
15by the Secretary of State, which may include the use of a
16remote online notarial certificate, is sufficient for purposes
17of this subsection (b) if it substantially reads as follows:
18"The foregoing instrument was acknowledged before me by means
19of communication technology this (date) by...(each form
20continued as sufficient for its respective purposes.)".
21    (5 ILCS 312/7-106)  (from Ch. 102, par. 207-106)
22    Sec. 7-106. Willful Impersonation.
23    (a) Any person who acts as, or otherwise willfully
24impersonates, a notary public while not lawfully appointed and
25commissioned to perform notarial acts is guilty of a Class A



SB3698- 62 -LRB101 17219 RJF 66622 b

2    (b) Any notary public or other person who is not an
3electronic notary public that impersonates an electronic
4notary public to perform electronic notarial acts is guilty of
5a Class A misdemeanor.
6(Source: P.A. 84-322.)
7    (5 ILCS 312/7-107)  (from Ch. 102, par. 207-107)
8    Sec. 7-107. Wrongful Possession.
9    (a) No person may unlawfully possess, obtain, conceal,
10damage, or destroy a notary's official seal. Any person who
11unlawfully possesses a notary's official seal is guilty of a
12misdemeanor and punishable upon conviction by a fine not
13exceeding $1,000.
14    (b) No person may unlawfully possess, conceal, damage, or
15destroy the certificate, disk, coding, card, program,
16software, or hardware enabling an electronic notary public to
17affix an official electronic signature or seal.
18    (c) Any person who violates this Section shall be guilty of
19a misdemeanor and punishable upon conviction by a fine not
20exceeding $1,000.
21(Source: P.A. 84-322.)
22    (5 ILCS 312/7-108)  (from Ch. 102, par. 207-108)
23    Sec. 7-108. Reprimand, suspension, and revocation of



SB3698- 63 -LRB101 17219 RJF 66622 b

1    (a) The Secretary of State may revoke the commission of any
2notary public who, during the current term of appointment:
3        (1) submits an application for commission and
4    appointment as a notary public which contains substantial
5    and material misstatement or omission of fact; or
6        (2) is convicted of any felony, misdemeanors,
7    including those defined in Part C, Articles 16, 17, 18, 19,
8    and 21, and Part E, Articles 31, 32, and 33 of the Criminal
9    Code of 2012, or official misconduct under this Act; or .
10        (3) is a licensed attorney and has been sanctioned,
11    suspended, or disbarred by the Illinois Attorney
12    Registration and Disciplinary Commission.
13    (b) Whenever the Secretary of State believes that a
14violation of this Article has occurred, he or she may
15investigate any such violation. The Secretary may also
16investigate possible violations of this Article upon a signed
17written complaint on a form designated by the Secretary.
18    (c) A notary's failure to cooperate or respond to an
19investigation by the Secretary of State is a failure by the
20notary to fully and faithfully discharge the responsibilities
21and duties of a notary and shall result in suspension or
22revocation of the notary's commission or the electronic
23notary's commission.
24    (d) All written complaints which on their face appear to
25establish facts which, if proven true, would constitute an act
26of misrepresentation or fraud in notarization or electronic



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1notarization, or misrepresentation or fraud on the part of the
2notary, shall be investigated by the Secretary of State to
3determine whether cause exists to reprimand, suspend, or revoke
4the commission of the notary.
5    (e) The Secretary of State may deliver a written official
6warning and reprimand to a notary, or may revoke or suspend a
7notary's commission or an electronic notary's commission, for
8any of the following:
9        (1) a notary's official misconduct, as defined under
10    Section 7-104;
11        (2) any ground for which an application for appointment
12    as a notary may be denied for failure to complete
13    application requirements as provided under Section 2-102;
14        (3) any prohibited act provided under Section 6-104; or
15        (4) a violation of any provision of the general
16    statutes.
17    (f) After investigation and upon a determination by the
18Secretary of State that one or more prohibited acts have been
19performed in the notarization or electronic notarization of a
20document, the Secretary shall, after considering the extent of
21the prohibited act and the degree of culpability of the notary,
22order one or more of the following courses of action:
23        (1) issue a letter of warning to the notary, including
24    the Secretary's findings;
25        (2) order suspension of the commission of the notary
26    for a period of time designated by the Secretary;



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1        (3) order revocation of the commission of the notary;
2        (4) refer the allegations to the appropriate State's
3    Attorney's Office or the Attorney General for criminal
4    investigation; or
5        (5) refer the allegations to the Illinois Attorney
6    Registration and Disciplinary Commission for disciplinary
7    proceedings.
8    (g) After a notary receives notice from the Secretary of
9State that his or her commission has been revoked, that notary
10shall immediately deliver his or her official seal to the
11Secretary. After an electronic notary public receives notice
12from the Secretary of State that his or her electronic
13commission has been revoked, the electronic notary public shall
14immediately notify the electronic notary's chosen technology
15provider, and to the extent possible, destroy or remove the
16software used for electronic notarizations.
17    (h) A notary whose appointment has been revoked due to a
18violation of this Act shall not be eligible for a new
19commission as a notary public in this State for a period of at
20least 5 years from the date of the final revocation.
21    (i) A notary may voluntarily resign from appointment by
22notifying the Secretary of State in writing of his or her
23intention to do so, and by physically returning his or her
24stamp to the Secretary. An electronic notary public may
25voluntarily resign from appointment by notifying the Secretary
26of State in writing of his or her intention to do so, and by



SB3698- 66 -LRB101 17219 RJF 66622 b

1notifying the electronic notary's chosen technology provider,
2and to the extent possible, destroy or remove the software used
3for electronic notarizations. A voluntary resignation shall
4not stop or preclude any investigation into a notary's conduct,
5or prevent further suspension or revocation by the Secretary,
6who may pursue any such investigation to a conclusion and issue
7any finding.
8    (j) Upon a determination by a sworn law enforcement officer
9that the allegations raised by the complaint are founded, and
10the notary has received notice of suspension or revocation from
11the Secretary of State, the notary is entitled to an
12administrative hearing.
13    (k) The Secretary of State shall adopt administrative
14hearing rules applicable to this Section that are consistent
15with the Illinois Administrative Procedure Act.
16    (l) Any revocation, resignation, expiration, or suspension
17of the commission of a notary public terminates or suspends any
18commission to notarize electronically.
19    (m) A notary public may terminate registration to notarize
20electronically and maintain his or her underlying notary public
22(Source: P.A. 100-809, eff. 1-1-19; 101-81, eff. 7-12-19.)
23    (5 ILCS 312/7-110 new)
24    Sec. 7-110. Applicable law; conflict of law.
25    (a) The validity of any notarization, including an



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1electronic notarization, shall be determined by applying the
2laws of this State, regardless of the physical location of the
3principal at the time of a remote notarization.
4    (b) An electronic notary public authorized to perform
5electronic notarizations is subject to and must comply with
6this Act.
7    (c) If a conflict between a provision of this Section and
8another law of this State, this Section controls.
9    Section 10. The State Finance Act is amended by adding
10Section 5.930 as follows:
11    (30 ILCS 105/5.930 new)
12    Sec. 5.930. The Electronic Notarization Fund.
13    Section 15. The Uniform Real Property Electronic Recording
14Act is amended by changing Section 2 and by adding Section 3.5
15as follows:
16    (765 ILCS 33/2)
17    Sec. 2. Definitions. In this Act:
18        (1) "Document" means information that is:
19            (A) inscribed on a tangible medium or that is
20        stored in an electronic or other medium and is
21        retrievable in perceivable form; and
22            (B) eligible to be recorded in the land records



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1        maintained by the county recorder.
2        (2) "Electronic" means relating to technology having
3    electrical, digital, magnetic, wireless, optical,
4    electromagnetic, or similar capabilities.
5        (3) "Electronic document" means a document created,
6    generated, sent, communicated, received, or stored by
7    electronic means that is received by the recorder in an
8    electronic form.
9        (4) "Electronic signature" means an electronic sound,
10    symbol, or process attached to or logically associated with
11    a document and executed or adopted by a person with the
12    intent to sign the document.
13        (5) "Person" means an individual, corporation,
14    business trust, estate, trust, partnership, limited
15    liability company, association, joint venture, public
16    corporation, government, or governmental subdivision,
17    agency, or instrumentality, or any other legal or
18    commercial entity.
19        (6) "State" means a state of the United States, the
20    District of Columbia, Puerto Rico, the United States Virgin
21    Islands, or any territory or insular possession subject to
22    the jurisdiction of the United States.
23        (7) "Secretary" means the Secretary of State.
24        (8) "Commission" means the Illinois Electronic
25    Recording Commission.
26    Any notifications required by this Act must be made in



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1writing and may be communicated by certified mail, return
2receipt requested or electronic mail so long as receipt is
4(Source: P.A. 95-472, eff. 8-27-07.)
5    (765 ILCS 33/3.5 new)
6    Sec. 3.5. Electronic documents certified by notary public.
7    (a) A paper or tangible copy of an electronic document that
8a notary public has certified to be a true and correct copy
9under subsection (b) satisfies any requirement of law that, as
10a condition for recording, the document:
11        (1) be an original or be in writing;
12        (2) be signed or contain an original signature, if the
13    document contains an electronic signature of the person
14    required to sign the document; and
15        (3) be notarized, acknowledged, verified, witnessed,
16    or made under oath, if the document contains an electronic
17    signature of the person authorized to perform that act, and
18    all other information required to be included.
19    (b) A notary public duly appointed and commissioned under
20Section 2-101 of the Illinois Notary Public Act may certify
21that a paper or tangible copy of an electronic document is a
22true and correct copy of the electronic document if the notary
23public has:
24        (1) reasonably confirmed that the electronic document
25    is in a tamper evident format;



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1        (2) detected no changes or errors in any electronic
2    signature or other information in the electronic document;
3        (3) personally printed or supervised the printing of
4    the electronic document onto paper or other tangible
5    medium; or
6        (4) not made any changes or modifications to the
7    electronic document or to the paper or tangible copy
8    thereof other than the certification described in this
9    subsection (b).
10    (c) A county recorder shall accept for recording a paper or
11tangible copy of a document that has been certified by a notary
12public to be a true and correct copy of an electronic document
13under subsection (b) as evidenced by a notarial certificate.
14    (d) A notarial certificate in substantially the following
15form is sufficient for the purposes of this Section:
16"State of....................................................
17County of....................................................
18On this.....(date), I certify that the foregoing and annexed
19document [entitled............,] (and) containing
20............pages is a true and correct copy of an electronic document
21printed by me or under my supervision. I further certify that,
22at the time of printing, no security features present on the
23electronic document indicated any changes or errors in an



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1electronic signature or other information in the electronic
2document since its creation or execution.
4(Signature of Notary Public)
6    (f) If a notarial certificate is attached to or made a part
7of a paper or tangible document, the certificate is prima facie
8evidence that the requirements of subsection (c) have been
9satisfied with respect to the document.
10    (g) A paper or tangible copy of a deed, mortgage, or other
11document shall be deemed, from the time of being filed for
12record, as notice to subsequent purchasers and creditors,
13though it may not be certified in accordance with the
14provisions of this Section.
15    (h) This Section does not apply to any map or plat governed
16by the Plat Act, the Judicial Plat Act, or the Permanent Survey
17Act, or to any monument record governed by the Land Survey
18Monuments Act.
19    Section 99. Effective date. This Act takes effect on the
20later of the following:
21        (1) January 1, 2021; or
22        (2) the date on which the Office of the Secretary of
23    State files with the Index Department of the Office of the
24    Secretary of State a notice that the Office of the
25    Secretary of State has adopted the rules necessary to



SB3698- 72 -LRB101 17219 RJF 66622 b

1    implement this Act. Upon the filing of the notice, the
2    Index Department shall provide a copy of the notice to the
3    Legislative Reference Bureau.



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2 Statutes amended in order of appearance
3    5 ILCS 312/1-104from Ch. 102, par. 201-104
4    5 ILCS 312/1-106 new
5    5 ILCS 312/2-101from Ch. 102, par. 202-101
6    5 ILCS 312/2-101.5 new
7    5 ILCS 312/2-102from Ch. 102, par. 202-102
8    5 ILCS 312/2-102.5
9    5 ILCS 312/2-102.6 new
10    5 ILCS 312/2-102.7 new
11    5 ILCS 312/2-103from Ch. 102, par. 202-103
12    5 ILCS 312/2-104from Ch. 102, par. 202-104
13    5 ILCS 312/2-105from Ch. 102, par. 202-105
14    5 ILCS 312/2-106from Ch. 102, par. 202-106
15    5 ILCS 312/2-107
16    5 ILCS 312/3-101from Ch. 102, par. 203-101
17    5 ILCS 312/3-101.5 new
18    5 ILCS 312/3-103from Ch. 102, par. 203-103
19    5 ILCS 312/3-104from Ch. 102, par. 203-104
20    5 ILCS 312/3-105from Ch. 102, par. 203-105
21    5 ILCS 312/3-106from Ch. 102, par. 203-106
22    5 ILCS 312/3-107 new
23    5 ILCS 312/4-101from Ch. 102, par. 204-101
24    5 ILCS 312/5-101from Ch. 102, par. 205-101
25    5 ILCS 312/5-102from Ch. 102, par. 205-102



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1    5 ILCS 312/6-102from Ch. 102, par. 206-102
2    5 ILCS 312/6-104from Ch. 102, par. 206-104
3    5 ILCS 312/Art. VI-A
4    heading new
5    5 ILCS 312/6A-101 new
6    5 ILCS 312/6A-102 new
7    5 ILCS 312/6A-103 new
8    5 ILCS 312/6A-104 new
9    5 ILCS 312/6A-105 new
10    5 ILCS 312/6A-106 new
11    5 ILCS 312/7-106from Ch. 102, par. 207-106
12    5 ILCS 312/7-107from Ch. 102, par. 207-107
13    5 ILCS 312/7-108from Ch. 102, par. 207-108
14    5 ILCS 312/7-110 new
15    30 ILCS 105/5.930 new
16    765 ILCS 33/2
17    765 ILCS 33/3.5 new