Illinois General Assembly - Full Text of SB1583
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Full Text of SB1583  102nd General Assembly

SB1583 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1583

 

Introduced 2/26/2021, by Sen. Linda Holmes

 

SYNOPSIS AS INTRODUCED:
 
See Index

    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, 2022, or upon the adoption by the Secretary of State of rules necessary for implementation, whichever is later.


LRB102 11889 RJF 17225 b

 

 

A BILL FOR

 

SB1583LRB102 11889 RJF 17225 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
10Sections 6A-101, 6A-102, 6A-103, 6A-104, 6A-105, 6A-106, and
117-110 as follows:
 
12    (5 ILCS 312/1-104)  (from Ch. 102, par. 201-104)
13    Sec. 1-104. Definitions. As used in this Act: Notary
14Public and 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

 

 

SB1583- 2 -LRB102 11889 RJF 17225 b

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
13photograph and signature of the principal.
14    "Credential analysis" means a process or service that
15complies with any rules or regulations adopted by the
16Secretary of State through which a third party affirms the
17validity of a government-issued identification credential or
18any data thereon 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
24public.
25    "Dynamic knowledge based authentication assessment" means
26an identity assessment that is based on a set of questions

 

 

SB1583- 3 -LRB102 11889 RJF 17225 b

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
4State.
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
13includes:
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
18State and 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
26dynamic knowledge-based authentication, such as a review of

 

 

SB1583- 5 -LRB102 11889 RJF 17225 b

1personal information from public or proprietary data sources;
2or (b) by means of analysis of biometric data, such as, but not
3limited to, facial recognition, voiceprint analysis, or
4fingerprint analysis.
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
10    another person, but able to see, hear, and communicate
11    with the person by means of audio-video communication that
12    meets any rules adopted by the Secretary of State.
13    "Notarial act" means an act, whether performed with
14respect to a tangible or electronic record, that a notary
15public or an electronic notary public may perform under the
16law of this State. "Notary act" includes taking an
17acknowledgment, administering an oath or affirmation, taking a
18verification on oath, or affirmation, witnessing or attesting
19a signature, certifying or attesting a copy, and noting a
20protest of a negotiable 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
25the geographic boundaries of a state or commonwealth of the
26United States, the District of Columbia, Puerto Rico, the

 

 

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1United States 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
16acts through 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

 

 

SB1583- 7 -LRB102 11889 RJF 17225 b

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
16control" mean, with respect to an electronic notarization,
17that the signing device used to affix the electronic signature
18of the electronic notary public and to render the official
19electronic seal information tamper evident must be accessible
20by and attributable solely to the electronic notary public to
21the exclusion of all other persons and entities for the
22necessary period of time that such device is engaged and
23operating to effectuate the authorized electronic
24notarization.
25    (a) The terms "notary public" and "notary" are used
26interchangeably to mean any individual appointed and

 

 

SB1583- 8 -LRB102 11889 RJF 17225 b

1commissioned to perform notarial acts.
2    (b) "Notarization" means the performance of a notarial
3act.
4    (c) "Accredited immigration representative" means a
5not-for-profit organization recognized by the Board of
6Immigration Appeals under 8 C.F.R. 292.2(a) and employees of
7those organizations accredited under 8 C.F.R. 292.2(d).
8(Source: P.A. 93-1001, eff. 8-23-04.)
 
9    (5 ILCS 312/1-106 new)
10    Sec. 1-106. Electronic Notarization Fund. The Electronic
11Notarization Fund is created as a special fund in the State
12treasury. Moneys in the Electronic Notarization Fund during
13the preceding calendar year, shall be distributed, subject to
14appropriation, to the Secretary of State to fund the
15Department of Index's implementation of the electronic
16notarization commissions.
 
17    (5 ILCS 312/2-101)  (from Ch. 102, par. 202-101)
18    Sec. 2-101. Appointment.
19    (a) The Secretary of State may appoint and commission as
20notaries public for a 4-year term as many persons resident in a
21county in this State as he deems necessary. The Secretary of
22State may appoint and commission as notaries public for a
23one-year term as many persons who are residents of a state
24bordering Illinois whose place of work or business is within a

 

 

SB1583- 9 -LRB102 11889 RJF 17225 b

1county in this State as the Secretary deems necessary, but
2only if the laws of that state authorize residents of Illinois
3to be appointed and commissioned as notaries public in that
4state.
5    (b) A notary public commissioned in this State may apply
6for an electronic notary public commission to perform
7electronic notarial acts with the name that appears on the
8notary's commission.
9    (c) An individual may apply for a notary public commission
10and apply for an electronic notary public commission at the
11same time.
12    (d) Any notary or electronic notary appointed by the
13Secretary of State may elect not to perform a notarial act or
14an electronic notarial act for any reason.
15    (e) The commission of a notary public and an electronic
16notary public shall have the same term pursuant to subsection
17(a).
18    (f) The electronic notary public commission of a notary
19public is suspended by operation of law when the notary public
20is no longer appointed and commissioned as a notary public in
21this State under this Act. If the commission of the notary
22public has been revoked or suspended, the Secretary of State
23shall immediately notify the notary public in writing that his
24or her commission as a notary public and as an electronic
25notary public will be suspended by operation of law until he or
26she is reappointed.

 

 

SB1583- 10 -LRB102 11889 RJF 17225 b

1(Source: P.A. 91-818, eff. 6-13-00.)
 
2    (5 ILCS 312/2-101.5 new)
3    Sec. 2-101.5. Course of study and examination.
4    (a) Applicants applying for the first time as a notary
5public or as an electronic notary public or applying to renew
6his or her appointment as a notary public or as an electronic
7notary public shall:
8        (1) complete any course of study on notarization and
9    electronic notarization that is required by the Secretary
10    of State; and
11        (2) pass an examination at the completion of the
12    course.
13    (b) Any applicant applying only for a notary public
14commission and not an electronic notary public commission
15shall be required to only take the course of study for notary
16public commissions. Any applicant applying for an electronic
17notary public commission or a commission as both a notary
18public and an electronic notary public must take the course of
19study for both notaries public and electronic notaries public.
20    (c) A course of study required to be completed under this
21Section must:
22        (1) be taken online and be of a duration of not more
23    than 3 hours, including instruction and completion of an
24    examination of the course content;
25        (2) provide instruction in, without limitation,

 

 

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

 

 

SB1583- 12 -LRB102 11889 RJF 17225 b

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

 

 

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

 

 

SB1583- 14 -LRB102 11889 RJF 17225 b

1    signature in performing electronic notarial acts;
2        (6) the electronic signature of the applicant; and
3        (7) any other information the Secretary of State deems
4    necessary.
5    (c) Electronic notarial acts. Before an electronic notary
6public performs an electronic notarial act using audio-video
7communication, he or she must be granted an electronic notary
8public commission by the Secretary of State under this
9Section, and identify the technology that the electronic
10notary public intends to use, which must be approved by the
11Secretary of State.
12    (d) Approval of commission. Upon the applicant's
13fulfillment of the requirements for a notarial commission or
14an electronic notary public commission, the Secretary of State
15shall approve the commission or commissions and issue to the
16applicant a unique commission number, along with a digital
17certificate if approved for an electronic notary public
18commission.
19    (e) Rejection of application. The Secretary of State may
20reject an application for a notarial commission or an
21electronic notary public commission if the applicant fails to
22comply with any Section of this Act.
23(Source: P.A. 99-112, eff. 1-1-16; 100-809, eff. 1-1-19.)
 
24    (5 ILCS 312/2-102.5)
25    Sec. 2-102.5. Online notary public application system.

 

 

SB1583- 15 -LRB102 11889 RJF 17225 b

1    (a) The Secretary of State may establish and maintain an
2online application system that permits an Illinois resident to
3apply for appointment and commission as a notary public or
4electronic notary public.
5    (b) Any such online notary public application system shall
6employ security measures to ensure the accuracy and integrity
7of notary public applications submitted electronically under
8this Section.
9    (c) The Secretary of State may cross reference information
10provided by applicants with that contained in the Secretary of
11State's driver's license and Illinois Identification Card
12databases in order to match the information submitted by
13applicants, and may receive from those databases the
14applicant's digitized signature upon a successful match of the
15applicant's information with that information contained in the
16databases.
17    (d) An online notary public application shall contain all
18of the information that is required for a paper application as
19provided in Section 2-102 of this Act. The applicant shall
20also be required to provide:
21        (1) the applicant's full Illinois driver's license or
22    Illinois Identification Card number;
23        (2) the date of issuance of the Illinois driver's
24    license or Illinois Identification Card; and
25        (3) the applicant's e-mail address for notices to be
26    provided under this Section.

 

 

SB1583- 16 -LRB102 11889 RJF 17225 b

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

 

 

SB1583- 17 -LRB102 11889 RJF 17225 b

1received. Upon completion of the procedure outlined in
2subsection (c) of this Section, the online notary public
3application system shall send by electronic mail a notice
4informing the applicant of whether the following information
5has been matched with the Secretary of State driver's license
6and Illinois Identification Card databases:
7        (1) that the applicant has an authentic Illinois
8    driver's license or Illinois Identification Card issued by
9    the Secretary of State and that the driver's license or
10    Illinois Identification Card number provided by the
11    applicant matches the driver's license or Illinois
12    Identification Card number for that person on file with
13    the Secretary of State;
14        (2) that the date of issuance of the Illinois driver's
15    license or Illinois Identification Card listed on the
16    application matches the date of issuance of that license
17    or card for that person on file with the Secretary of
18    State;
19        (3) that the date of birth provided by the applicant
20    matches the date of birth for that person on file with the
21    Secretary of State; and
22        (4) that the residence address provided by the
23    applicant matches the residence address for that person on
24    file with the Secretary of State.
25    (g) If the information provided by the applicant matches
26all of the criteria identified in subsection (f) of this

 

 

SB1583- 18 -LRB102 11889 RJF 17225 b

1Section, the online notary public application system shall
2retrieve from the Secretary of State's database files an
3electronic copy of the applicant's signature from his or her
4Illinois driver's license or Illinois Identification Card and
5such signature shall be deemed to be the applicant's signature
6on his or her online notary public application.
7(Source: P.A. 99-112, eff. 1-1-16.)
 
8    (5 ILCS 312/2-102.6 new)
9    Sec. 2-102.6. Database of notaries public. The Secretary
10of State may maintain a database of notaries public on a
11publicly-accessible website which: (1) any interested person
12may use to verify the authority and good standing of a listed
13individual to perform notarial acts; (2) indicates whether a
14notary holds a valid electronic commission and is able to
15lawfully perform electronic notarial acts; and (3) describes
16any administrative or disciplinary action taken against the
17notary by the Secretary of State.
 
18    (5 ILCS 312/2-102.7 new)
19    Sec. 2-102.7. Registration of electronic notarization
20technology.
21    (a) Notaries holding an electronic notary public
22commission shall register the capability to notarize
23electronically before performing any electronic notarial acts
24with the Secretary of State. The registration shall be made

 

 

SB1583- 19 -LRB102 11889 RJF 17225 b

1with the Secretary of State every time an electronic notary
2public adopts a new or additional technology with which to
3perform electronic notarial acts and the technology or vendor
4must first be approved by the Secretary of State.
5    (b) An electronic notary public who registers the
6capability of performing electronic notarial acts shall
7provide the following information to the Secretary of State:
8        (1) the electronic technology or technologies to be
9    used in attaching or logically associating an electronic
10    notarial signature, seal, and certificate to an electronic
11    document;
12        (2) an exemplar of the notary's electronic signature
13    and official electronic seal; and
14        (3) any necessary instructions or techniques supplied
15    by the vendor that allow the notary's electronic signature
16    and official seal to be read.
17    (c) Prior to any electronic notarial acts being performed
18in this State, the vendor of electronic notarization
19technology must submit the technology to the Secretary of
20State and receive approval by the Secretary of State for use in
21this State.
22    (d) The Secretary of State shall adopt rules applicable to
23this Section, setting forth the requirements with which
24vendors of electronic notary platforms and technology must
25comply.
 

 

 

SB1583- 20 -LRB102 11889 RJF 17225 b

1    (5 ILCS 312/2-103)  (from Ch. 102, par. 202-103)
2    Sec. 2-103. Appointment Fee.
3    (a) Every applicant for appointment and commission as a
4notary public shall pay to the Secretary of State a fee of $15
5$10. Ten dollars from each applicant fee shall be deposited in
6the General Revenue Fund. Five dollars from each applicant fee
7shall be deposited in the Electronic Notarization Fund.
8    (b) Every applicant for a commission as an electronic
9notary public shall pay to the Secretary of State a fee of $25.
10This fee is in addition to the fee proscribed for a commission
11as a notary public and shall be deposited in the Electronic
12Notarization Fund.
13(Source: P.A. 85-1396.)
 
14    (5 ILCS 312/2-104)  (from Ch. 102, par. 202-104)
15    Sec. 2-104. Oath.
16    (a) Every applicant for appointment and commission as a
17notary public shall take the following oath:
18    "I, (name of applicant), solemnly affirm, under the
19penalty of perjury, that the answers to all questions in this
20application are true, complete, and correct; that I have
21carefully read the notary law of this State; and that, if
22appointed and commissioned as a notary public, I will perform
23faithfully, to the best of my ability, all notarial acts in
24accordance with the law.".
25    (b) In the event that the applicant completes a paper

 

 

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1application for appointment and commission as a notary public,
2he or she shall take the oath in the presence of a person
3qualified to administer an oath in this State. The printed
4oath shall be followed by the signature of the applicant and
5notarized as follows:
6    " ................. (Signature of applicant)
7    State of Illinois
8    County of (name of county where the notarization is
9completed)
10    Subscribed and affirmed before me on (insert date) by
11(name of person who signature is being notarized).
12    ................... (Official signature and official seal
13of notary)".
14    (c) In the event that the applicant completes an online
15application for appointment and commission as a notary public,
16he or she shall affirm the oath electronically. An electronic
17affirmation of the oath in the online notary public
18application system shall have the same force and effect as an
19oath sworn and affirmed in person.
20(Source: P.A. 99-112, eff. 1-1-16.)
 
21    (5 ILCS 312/2-105)  (from Ch. 102, par. 202-105)
22    Sec. 2-105. Bond.
23    (a) Every application for appointment and commission as a
24notary public shall be accompanied by an executed bond
25commencing on the date of the appointment with a term of 4

 

 

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1years, in the sum of $5,000, with, as surety thereon, a company
2qualified to write surety bonds in this State. The bond shall
3be conditioned upon the faithful performance of all notarial
4acts in accordance with this Act. The Secretary of State may
5prescribe an official bond form.
6    (b) An electronic notary public who performs electronic
7notarial acts by means of audio-video communication shall
8obtain and maintain a surety bond in the amount of $25,000 from
9a surety or insurance company licensed to do business in this
10State, and this bond shall be exclusively conditioned on the
11faithful performance of electronic notarial acts by means of
12audio-video communication.
13    (c) All surety bonds shall be filed with the Secretary of
14State.
15    (d) In addition to the surety bond, a notary public shall
16maintain an errors and omissions insurance policy from an
17insurer authorized to transact business in this State, in the
18minimum amount of $25,000 and on such terms as are specified by
19the Secretary by rule and that are reasonably necessary to
20protect the public. The applicant shall provide evidence of
21this insurance policy to the Secretary of State.
22(Source: P.A. 84-322.)
 
23    (5 ILCS 312/2-106)  (from Ch. 102, par. 202-106)
24    Sec. 2-106. Appointment recorded by county clerk. The
25appointment of the applicant as a notary public or an

 

 

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1electronic notary public is complete when the commission is
2recorded with the county clerk.
3    The Secretary of State shall forward the applicant's
4commission to the county clerk of the county in which the
5applicant resides or, if the applicant is a resident of a state
6bordering Illinois, the county in Illinois in which the
7applicant's principal place of work or principal place of
8business is located. Upon receipt thereof, the county clerk
9shall notify the applicant of the action taken by the
10Secretary of State, and the applicant shall either appear at
11the county clerk's office to record the same and receive the
12commission or request by mail to have the commission sent to
13the applicant with a specimen signature of the applicant
14attached to the request. The applicant shall have a record of
15the appointment, and the time when the commission will expire,
16entered in the records of the office of the county clerk. When
17the applicant appears before the county clerk, the applicant
18shall pay a fee of $5, at which time the county clerk shall
19then deliver the commission to the applicant.
20    If the appointment is completed by mail, the applicant
21shall pay the county clerk a fee of $10.00, which shall be
22submitted with the request to the county clerk. The county
23clerk shall then record the appointment and send the
24commission by mail to the applicant.
25    If an applicant does not respond to the notification by
26the county clerk within 30 days, the county clerk shall again

 

 

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1notify the applicant that the county clerk has received the
2applicant's notary public or electronic notary public
3commission issued by the Secretary of State. The second notice
4shall be in substantially the following form:
5    "The records of this office indicate that you have not
6    picked up your notary public commission or electronic
7    notary public commission from the Office of the County
8    Clerk.
9    The Illinois Notary Public Law requires you to appear in
10    person in the clerk's office, record your commission, and
11    pay a fee of $5.00 to the county clerk or request that your
12    commission be mailed to you. This request must be
13    accompanied by a specimen of your signature and a $10.00
14    fee payable to the county clerk.
15    Your appointment as a notary or an electronic notary is
16    not complete until the commission is recorded with the
17    county clerk. Furthermore, if you do not make arrangements
18    with the clerk for recording and delivery of your
19    commission within 30 days from the date of this letter,
20    the county clerk will return your commission to the
21    Secretary of State. Your commission will be cancelled and
22    your name will be removed from the list of notaries and
23    electronic notaries in the State of Illinois.
24    I should also like to remind you that any person who
25    attests to any document as a notary or an electronic
26    notary and is not a notary or an electronic notary in good

 

 

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1    standing with the Office of the Secretary of State is
2    guilty of official misconduct and may be subject to a fine
3    or imprisonment.".
4    The Secretary of State shall cancel the appointment of all
5notaries or electronic notaries whose commissions are returned
6to his office by the county clerks. No application fee will be
7refunded and no bonding company is required to issue a refund
8when an appointment is cancelled. If a notary or electronic
9notary fails to complete his or her commission more than twice
10in the same application year, the notary or electronic notary
11applicant shall not be entitled to reapply for a notarial or
12electronic notarial commission until the following calendar
13year.
14(Source: P.A. 100-201, eff. 8-18-17.)
 
15    (5 ILCS 312/2-107)
16    Sec. 2-107. Notary public remittance agent.
17    (a) Every company, corporation, association, organization,
18or person that remits notary public applications to the
19Secretary of State on behalf of applicants for appointment and
20commission as a notary public, for compensation or otherwise,
21shall comply with standards to qualify for licensure as a
22notary public remittance agent.
23    (b) The standards to qualify for licensure as a notary
24public remittance agent shall include, but not be limited to,
25the following:

 

 

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1        (1) the applicant has not been the subject of any
2    administrative citation, criminal complaint, or civil
3    action in the State of Illinois arising from his or her
4    duties as a notary public remittance agent;
5        (2) the agent holds a surety bond in the amount of
6    $20,000 for the purposes of acting as a remittance agent;
7    and
8        (3) the agent complies with all requirements set forth
9    by the Secretary of State for the submission of the notary
10    public applications.
11    (c) A notary public remittance agent submitting an
12application on behalf of an applicant for appointment and
13commission as a notary public shall remit the application and
14fee provided by the applicant within 30 days after receiving
15the application and fee from the applicant.
16    (d) The agent shall not modify a notary's application
17information in any way prior to submitting the application
18information to the Secretary of State.
19    (e) The agent shall not issue a notary seal or notary stamp
20to the notary applicant until sufficient evidence has been
21received that the notary applicant has received a commission
22from the appropriate county clerk.
23    (f) Any violation of this Act, including this Section, may
24result in an administrative citation, criminal complaint, or
25civil action arising from his or her duties as a notary public
26or notary public remittance agent.

 

 

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1    (g) (c) The provisions of this Section do not apply to
2units of local government or private business that are making
3applications, and providing application fees for their
4employees.
5    (h) The Secretary of State shall adopt rules applicable to
6this Section.
7(Source: P.A. 101-366, eff. 1-1-20.)
 
8    (5 ILCS 312/3-101)  (from Ch. 102, par. 203-101)
9    Sec. 3-101. Official seal.
10    (a) Notary public official seal. Each notary public shall,
11upon receiving the notary commission from the county clerk,
12obtain an official rubber stamp seal with which the notary
13shall authenticate his official acts. The rubber stamp seal
14shall contain the following information:
15        (1) the words "Official Seal";
16        (2) the notary's official name;
17        (3) the words "Notary Public", "State of Illinois",
18    and "My commission expires ............ (commission
19    expiration date)"; and
20        (4) a serrated or milled edge border in a rectangular
21    form not more than one inch in height by two and one-half
22    inches in length surrounding the information.
23    (b) (Blank).
24    (b-5) Electronic notary public electronic seal and
25electronic signature. An electronic notarial act must be

 

 

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1evidenced by the following, which must be attached to or
2logically associated with the electronic document that is the
3subject of the electronic notarial act and which must be
4immediately perceptible and reproducible:
5        (1) the electronic signature of the electronic notary
6    public;
7        (2) the electronic seal of the electronic notary
8    public;
9        (3) the words "Notary Public", "State of Illinois",
10    and "My commission expires (commission expiration date)";
11    and
12        (4) language explicitly stating that the electronic
13    notarial act was performed using audio-video
14    communication, if applicable.
15    (c) Registered devices. An electronic notary public shall
16take reasonable steps to ensure that any registered device
17used to create an electronic seal or electronic signature is
18current and has not been revoked or terminated by the device's
19issuing or registering authority.
20    (d) Electronic signature and seal secure. An electronic
21notary public shall keep the electronic notary public's
22electronic signature and electronic seal secure and under the
23notary public's exclusive control. The electronic notary
24public shall not allow another person to use his or her
25electronic signature or electronic seal.
26    (e) Electronic notarial certificate. An electronic notary

 

 

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1public shall attach his or her electronic signature and
2electronic seal to the electronic notarial certificate of an
3electronic document in a manner that is capable of independent
4verification and renders any subsequent change or modification
5to the electronic document evident.
6    (f) Electronic signature and seal compromised. An
7electronic notary public shall notify an appropriate law
8enforcement agency, the vendor of the electronic notary
9technology, and the Secretary of State no later than the next
10business day of the theft, compromise, or vandalism of the
11electronic notary public's electronic signature or electronic
12seal.
13    (g) Electronic signature and seal access. The electronic
14notary public shall not disclose any access information used
15to affix the electronic notary public's signature and seal
16except when requested by law enforcement, the courts, and with
17reasonable precautions, electronic document preparation, and
18transmission vendors.
19(Source: P.A. 100-81, eff. 1-1-18.)
 
20    (5 ILCS 312/3-101.5 new)
21    Sec. 3-101.5. Security of electronic signature and seal.
22The following requirements apply only to electronic notaries
23public.
24    (a) The electronic signature and electronic seal of an
25electronic notary public must be used only for the purposes of

 

 

SB1583- 30 -LRB102 11889 RJF 17225 b

1performing electronic notarial acts.
2    (b) An electronic notary public shall safeguard his or her
3electronic signature, the electronic seal, and all notarial
4records maintained by the notary public as follows:
5        (1) when not in use, the electronic notary public
6    shall keep the electronic signature, electronic seal, and
7    all notarial records secure under the exclusive control of
8    the notary public and protected by a password where
9    applicable;
10        (2) an electronic notary public shall not permit his
11    or her electronic signature or electronic seal to be used
12    by any other person; and
13        (3) an electronic notary public shall not surrender or
14    destroy his or her electronic notarial records, except as
15    otherwise required by the order of a court, order of law
16    enforcement, or as allowed under any Section of this Act
17    or any rules adopted pursuant thereto.
18    (c) Except as otherwise provided in subsection (d), an
19electronic notary public, no later than the next business day
20following discovering that his or her electronic signature or
21electronic seal has been stolen, lost, damaged, or otherwise
22rendered incapable of affixing a legible image, shall:
23        (1) inform the appropriate law enforcement agency in
24    the case of theft or vandalism; and
25        (2) notify the Secretary of State and the vendor from
26    which the electronic notary public obtained the electronic

 

 

SB1583- 31 -LRB102 11889 RJF 17225 b

1    signature or electronic seal in writing, including,
2    without limitation, a signature using the name under which
3    the electronic notary public is commissioned pursuant to
4    Section 2-106.
5    (d) An electronic notary public shall take reasonable
6steps to maintain the technology or device used to create his
7or her electronic signature, and to ensure that the technology
8or device has not been recalled, revoked, terminated, or
9otherwise rendered ineffective or unsecure by the entity that
10created the technology or device. Upon learning that the
11technology or device used to create his or her electronic
12signature has been rendered ineffective or unsecure, an
13electronic notary public shall cease performing electronic
14notarial acts until:
15        (1) a new technology or device is acquired; and
16        (2) the electronic notary public sends an electronic
17    message to the Secretary of State that includes the
18    electronic signature of the electronic notary public
19    required under paragraph (6) of subsection (b) of Section
20    2-102 relating to the new technology or device.
21    (e) The electronic notary public's electronic signature
22and electronic seal are deemed to be reliable if the following
23requirements are met:
24        (1) it is unique to the electronic notary public;
25        (2) it is capable of independent verification;
26        (3) it is retained under the electronic notary

 

 

SB1583- 32 -LRB102 11889 RJF 17225 b

1    public's sole control;
2        (4) it is attached to or logically associated with the
3    electronic document in a tamper evident manner. Evidence
4    of tampering pursuant to this standard may be used to
5    determine whether the electronic notarial act is valid or
6    invalid; and
7        (5) the electronic notary public has chosen technology
8    or a vendor that meets the minimum requirements
9    established by the Secretary of State and is approved by
10    the Secretary of State.
 
11    (5 ILCS 312/3-103)  (from Ch. 102, par. 203-103)
12    Sec. 3-103. Notice.
13    (a) Every notary public who is not an attorney or an
14accredited immigration representative who advertises the
15services of a notary public in a language other than English,
16whether by radio, television, signs, pamphlets, newspapers,
17electronic communications, or other written communication,
18with the exception of a single desk plaque, shall include in
19the document, advertisement, stationery, letterhead, business
20card, or other comparable written or electronic material the
21following: notice in English and the language in which the
22written or electronic communication appears. This notice shall
23be of a conspicuous size, if in writing or electronic
24communication, and shall state: "I AM NOT AN ATTORNEY LICENSED
25TO PRACTICE LAW IN ILLINOIS. I AM NOT ALLOWED TO DRAFT LEGAL

 

 

SB1583- 33 -LRB102 11889 RJF 17225 b

1DOCUMENTS OR RECORDS, NOR MAY I GIVE LEGAL ADVICE ON ANY
2MATTER, INCLUDING, BUT NOT LIMITED TO, MATTERS OF IMMIGRATION,
3OR ACCEPT OR CHARGE FEES FOR THE PERFORMANCE OF THOSE
4ACTIVITIES ". If such advertisement is by radio or television,
5the statement may be modified but must include substantially
6the same message.
7    A notary public shall not, in any document, advertisement,
8stationery, letterhead, business card, electronic
9communication, or other comparable written material describing
10the role of the notary public, literally translate from
11English into another language terms or titles including, but
12not limited to, notary public, notary, licensed, attorney,
13lawyer, or any other term that implies the person is an
14attorney. To illustrate, the word "notario" is prohibited
15under this provision.
16    Failure to follow the procedures in this Section shall
17result in a fine of $1,500 for each written violation. The
18second violation shall result in permanent revocation of the
19commission of notary public. Violations shall not preempt or
20preclude additional appropriate civil or criminal penalties.
21    (b) All notaries public required to comply with the
22provisions of subsection (a) shall prominently post at their
23place of business as recorded with the Secretary of State
24pursuant to Section 2-102 of this Act a schedule of fees
25established by law which a notary public may charge. The fee
26schedule shall be written in English and in the non-English

 

 

SB1583- 34 -LRB102 11889 RJF 17225 b

1language in which notary services were solicited and shall
2contain the disavowal of legal representation required above
3in subsection (a), unless such notice of disavowal is already
4prominently posted.
5    (c) No notary public, agency or any other person who is not
6an attorney shall represent, hold themselves out or advertise
7that they are experts on immigration matters or provide any
8other assistance that requires legal analysis, legal judgment,
9or interpretation of the law unless they are a designated
10entity as defined pursuant to Section 245a.1 of Part 245a of
11the Code of Federal Regulations (8 CFR 245a.1) or an entity
12accredited by the Board of Immigration Appeals.
13    (c-5) In addition to the notice required under subsection
14(a), every notary public who is subject to subsection (a)
15shall, prior to rendering notary services or electronic notary
16services, provide any person seeking notary or electronic
17notary services services with a written acknowledgment that
18substantially states, in English and the language used in the
19advertisement for notary services the following: "I AM NOT AN
20ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS. I AM NOT
21ALLOWED TO DRAFT LEGAL DOCUMENTS OR RECORDS, NOR MAY I GIVE
22LEGAL ADVICE ON ANY MATTER OR ACCEPT OR CHARGE FEES FOR THE
23PERFORMANCE OF THOSE ACTIVITIES". The Office of the Secretary
24of State shall translate this acknowledgement into Spanish and
25any other language the Secretary of State may deem necessary
26to achieve the requirements of this subsection (c-5), and

 

 

SB1583- 35 -LRB102 11889 RJF 17225 b

1shall make the translations available on the website of the
2Secretary of State. This acknowledgment shall be signed by the
3recipient of notary services or electronic notary services
4before notary services or electronic notary services are
5rendered, and the notary shall retain copies of all signed
6acknowledgments throughout their present commission and for 2
7years thereafter. Notaries shall provide recipients of notary
8services or electronic notary services with a copy of their
9signed acknowledgment at the time services are rendered. This
10provision shall not apply to notary services or electronic
11notary services related to documents prepared or produced in
12accordance with the Illinois Election Code.
13    (d) Any person who aids, abets or otherwise induces
14another person to give false information concerning
15immigration status shall be guilty of a Class A misdemeanor
16for a first offense and a Class 3 felony for a second or
17subsequent offense committed within 5 years of a previous
18conviction for the same offense.
19    Any notary public who violates the provisions of this
20Section shall be guilty of official misconduct and subject to
21fine or imprisonment.
22    Nothing in this Section shall preclude any consumer of
23notary public services from pursuing other civil remedies
24available under the law.
25    (e) No notary public who is not an attorney or an
26accredited representative shall accept payment in exchange for

 

 

SB1583- 36 -LRB102 11889 RJF 17225 b

1providing legal advice or any other assistance that requires
2legal analysis, legal judgment, or interpretation of the law.
3    (f) Violation of subsection (e) is a business offense
4punishable by a fine of 3 times the amount received for
5services, or $1,001 minimum, and restitution of the amount
6paid to the consumer. Nothing in this Section shall be
7construed to preempt nor preclude additional appropriate civil
8remedies or criminal charges available under law.
9    (g) If a notary public or electronic notary public of this
10State is convicted of a 2 or more business offense offenses
11involving a violation of this Act within a 12-month period
12while commissioned, or of 3 or more business offenses
13involving a violation of this Act within a 5-year period
14regardless of being commissioned, the Secretary shall
15automatically revoke the notary public commission or
16electronic notary public commission of that person on the date
17that the person's most recent business offense conviction is
18entered as a final judgment.
19(Source: P.A. 100-81, eff. 1-1-18; 101-465, eff. 1-1-20.)
 
20    (5 ILCS 312/3-104)  (from Ch. 102, par. 203-104)
21    Sec. 3-104. Maximum Fee.
22    (a) Except as otherwise provided in this subsection (a)
23provided in subsection (b) of this Section, the maximum fee
24for non-electronic notarization in this State is $1.00 for any
25notarial act performed and, until July 1, 2018, up to $25 for

 

 

SB1583- 37 -LRB102 11889 RJF 17225 b

1any notarial act performed pursuant to Section 3-102.
2    (b) Fees for a notary public, agency, or any other person
3who is not an attorney or an accredited representative filling
4out immigration forms shall be limited to the following:
5        (1) $10 per form completion;
6        (2) $10 per page for the translation of a non-English
7    language into English where such translation is required
8    for immigration forms;
9        (3) $5 $1 for notarizing;
10        (4) $3 to execute any procedures necessary to obtain a
11    document required to complete immigration forms; and
12        (5) A maximum of $75 for one complete application.
13    Fees authorized under this subsection shall not include
14application fees required to be submitted with immigration
15applications.
16    (b) The maximum fee in this State is $25 for any electronic
17notarial act performed pursuant to this Act. An electronic
18notary public may charge a reasonable fee to recover any cost
19of providing a copy of an entry or a recording of an
20audio-video communication in an electronic journal maintained
21pursuant to Section 3-107.
22    (c) Any person who violates the provisions of this
23subsection (a) or (b) shall be guilty of a Class A misdemeanor
24for a first offense and a Class 3 felony for a second or
25subsequent offense committed within 5 years of a previous
26conviction for the same offense.

 

 

SB1583- 38 -LRB102 11889 RJF 17225 b

1    (d) (c) Upon his own information or upon complaint of any
2person, the Attorney General or any State's Attorney, or their
3designee, may maintain an action for injunctive relief in the
4court against any notary public or any other person who
5violates the provisions of subsection (a) or (b) of this
6Section. These remedies are in addition to, and not in
7substitution for, other available remedies.
8    If the Attorney General or any State's Attorney fails to
9bring an action as provided pursuant to this subsection within
1090 days of receipt of a complaint, any person may file a civil
11action to enforce the provisions of this subsection and
12maintain an action for injunctive relief.
13    (e) (d) All notaries public must provide receipts and keep
14records for fees accepted for services provided. Failure to
15provide receipts and keep records that can be presented as
16evidence of no wrongdoing shall be construed as a presumptive
17admission of allegations raised in complaints against the
18notary for violations related to accepting prohibited fees.
19(Source: P.A. 98-29, eff. 6-21-13.)
 
20    (5 ILCS 312/3-105)  (from Ch. 102, par. 203-105)
21    Sec. 3-105. Authority.
22    (a) A notary public shall have authority to perform
23notarial acts, or electronic notarial acts, if the notary
24holds an electronic notary public commission, throughout the
25State so long as the notary resides in the same county in which

 

 

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1the notary was commissioned or, if the notary is a resident of
2a state bordering Illinois, so long as the notary's principal
3place of work or principal place of business is in the same
4county in Illinois in which the notary was commissioned.
5    (b) An electronic notary public who is physically located
6in this State may perform an electronic notarial act using
7communication technology in accordance with this Article and
8any rules adopted by the Secretary of State for a remotely
9located individual who is physically located: (i) in this
10State; or (ii) outside of this State, but not outside the
11United States.
12(Source: P.A. 91-818, eff. 6-13-00.)
 
13    (5 ILCS 312/3-106)  (from Ch. 102, par. 203-106)
14    Sec. 3-106. Certificate of Authority. Upon the receipt of
15a written request, the notarized document, and a fee of $2
16payable to the Secretary of State or County Clerk, the Office
17of the Secretary of State or County Clerk shall provide a
18certificate of authority in substantially the following form:
19    I ............... (Secretary of State or ......... County
20Clerk) of the State of Illinois, which office is an office of
21record having a seal, certify that ........ (notary's name),
22by whom the foregoing or annexed document was notarized or
23electronically notarized, was, on (insert date), appointed and
24commissioned a notary public in and for the State of Illinois
25and that as such, full faith and credit is and ought to be

 

 

SB1583- 40 -LRB102 11889 RJF 17225 b

1given to this notary's official attestations. In testimony
2whereof, I have affixed my signature and the seal of this
3office on (insert date).
4................................................
5(Secretary of State or ...... County Clerk).
6(Source: P.A. 91-357, eff. 7-29-99.)
 
7    (5 ILCS 312/3-107 new)
8    Sec. 3-107. Journal.
9    (a) A notary public or an electronic notary public shall
10keep a journal of each notarial act or electronic notarial act
11which includes, without limitation, the requirements of
12subsection (b), but does not include any electronic signatures
13of the person for whom an electronic notarial act was
14performed and any witnesses.
15    (b) A notarial or electronic notarial journal shall
16contain the following information:
17        (1) a description of each notarial act or electronic
18    notarial act, and if the notarization was done
19    electronically, it shall also include whether the
20    electronic notarial act was performed using audio-video
21    communication;
22        (2) the date and time of the notarization or
23    electronic notarization;
24        (3) the type of notarial act and whether the act was
25    performed as a traditional notarial act or an electronic

 

 

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1    notarial act;
2        (4) the type, the title, or a description of the
3    document, proceeding, or electronic document or electronic
4    proceeding;
5        (5) the printed name and address of each principal
6    involved in the transaction or proceeding;
7        (6) evidence of the identity of each principal
8    involved in the transaction or proceeding in the form of:
9            (A) a statement that the person is personally
10        known to the notary public;
11            (B) a notation of the type of identification
12        document provided to the notary public;
13            (C) a record of the identity verification made
14        under paragraph (3) of subsection (d) of Section
15        6A-103, if applicable, and if the notarial act was
16        performed electronically; and
17            (D) The following:
18                (i) the printed name and address of each
19            credible witness swearing to or affirming the
20            person's identity; and
21                (ii) for each credible witness not personally
22            known to the notary or electronic notary, a
23            description of the type of identification
24            documents or identification verification provided
25            to the notary or electronic notary;
26        (7) if a notarial act is performed electronically, the

 

 

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1    journal shall also include a recording of any audio-video
2    recording that is the basis for satisfactory evidence of
3    identity and a notation of the type of identification
4    presented as evidence; and
5        (8) the fee, if any, charged for the notarization or
6    electronic notarization.
7    (c) A notary or electronic notary shall:
8        (1) maintain and protect the journal at all times
9    under his or her sole control and surrender or destroy the
10    journal only by rule of law, by court order, or at the
11    direction of the Secretary of State;
12        (2) provide for lawful inspection and copying of the
13    journal;
14        (3) if the journal is electronic, enable access by a
15    password or other secure means of authentication;
16        (4) be capable of providing tangible or electronic
17    copies of any entry made in the journal;
18        (5) ensure the integrity, security, and authenticity
19    of the journal;
20        (6) maintain a backup of any journal maintained
21    electronically; and
22        (7) protect the backup record from unauthorized use if
23    the journal is maintained electronically.
24    (d) A notary or electronic notary may maintain his or her
25journal in either paper form or electronic form and may
26maintain more than one journal or electronic journal to record

 

 

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1notarial acts or electronic notarial acts.
2    (e) The fact that the employer or contractor of a notary or
3electronic notary keeps a record of notarial acts or
4electronic notarial acts does not relieve the notary public of
5the duties required by this Section. A notary public or
6electronic notary public shall not surrender the journal to an
7employer upon termination of employment and an employer shall
8not retain the journal of an employee when the employment of
9the notary public or electronic notary public ceases.
10    (f) The Secretary of State may suspend the commission of a
11notary or electronic notary who fails to produce any journal
12entry within 10 days after receipt of a request from the
13Secretary of State.
14    (g) The journal required by this Section shall be
15maintained for at least 5 years after the date of the
16transaction or proceeding.
17    (h) Upon surrender, revocation, or expiration of a
18commission as a notary or electronic notary, all notarial
19records or electronic notarial records required under this
20section, except as otherwise provided by law, must be kept by
21the notary public or electronic notary for a period of 5 years
22after the termination of the registration of the notary public
23or electronic notary public.
24    (i) If the journal of a notary public or electronic notary
25public is lost, stolen, or compromised, the notary or
26electronic notary shall notify the Secretary of State on

 

 

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1discovery of the loss, theft, or breach of security.
 
2    (5 ILCS 312/4-101)  (from Ch. 102, par. 204-101)
3    Sec. 4-101. Changes causing commission to cease to be in
4effect.
5    (a) When any notary public legally changes his or her
6name, changes his or her residential address or business
7address, or email address, without notifying the Index
8Department of the Secretary of State in writing within 30 days
9thereof, or, if the notary public is a resident of a state
10bordering Illinois, no longer maintains a principal place of
11work or principal place of business in the same county in
12Illinois in which he or she was commissioned, the commission
13of that notary ceases to be in effect. When the commission of a
14notary public ceases to be in effect, his or her notarial seal
15or electronic notary seal shall be surrendered to the
16Secretary of State, and his or her certificate of notarial
17commission or certificate of electronic notarial commission
18shall be destroyed. These individuals who desire to again
19become a notary public must file a new application, bond, and
20oath with the Secretary of State.
21    (b) Any change to the information submitted by an
22electronic notary public in registering to perform electronic
23notarial acts in compliance with any Section of this Act shall
24be reported by the notary within 30 business days to the
25Secretary of State.

 

 

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1    (c) Any notary public or electronic notary public that
2fails to comply with this Section shall be prohibited from
3obtaining a new commission for a period of not less than 5
4years.
5(Source: P.A. 100-809, eff. 1-1-19.)
 
6    (5 ILCS 312/5-101)  (from Ch. 102, par. 205-101)
7    Sec. 5-101. Reappointment. No person is automatically
8reappointed as a notary public or electronic notary public. At
9least 60 days prior to the expiration of a commission, the
10Secretary of State shall mail notice of the expiration date to
11the holder of a commission. Every notary public or electronic
12notary public who is an applicant for reappointment shall
13comply with the provisions of Article II of this Act.
14(Source: P.A. 84-322.)
 
15    (5 ILCS 312/5-102)  (from Ch. 102, par. 205-102)
16    Sec. 5-102. Solicitation to Purchase Bond. No person shall
17solicit any notary public and offer to provide a surety bond
18more than 60 days in advance of the expiration date of the
19notary public's commission of a notary public or electronic
20notary public.
21    Nor shall any person solicit any applicant for a
22commission or reappointment thereof and offer to provide a
23surety bond for the notary commission unless any such
24solicitation specifically sets forth in bold face type not

 

 

SB1583- 46 -LRB102 11889 RJF 17225 b

1less than 1/4 inch in height the following: "WE ARE NOT
2ASSOCIATED WITH ANY STATE OR LOCAL GOVERNMENTAL AGENCY".
3    Whenever it shall appear to the Secretary of State that
4any person is engaged or is about to engage in any acts or
5practices which constitute or will constitute a violation of
6the provisions of this Section, the Secretary of State may, in
7his discretion, through the Attorney General, apply for an
8injunction, and, upon a proper showing, any circuit court
9shall have power to issue a permanent or temporary injunction
10or restraining order without bond to enforce the provisions of
11this Act, and either party to such suit shall have the right to
12prosecute an appeal from the order or judgment of the court.
13    Any person, association, corporation, or others who
14violate the provisions of this Section shall be guilty of a
15business offense and punishable by a fine of not less than $500
16for each offense.
17(Source: P.A. 84-322.)
 
18    (5 ILCS 312/6-102)  (from Ch. 102, par. 206-102)
19    Sec. 6-102. Notarial Acts.
20    (a) In taking an acknowledgment, the notary public must
21determine, either from personal knowledge or from satisfactory
22evidence, that the person appearing before the notary and
23making the acknowledgment is the person whose true signature
24is on the instrument.
25    (b) In taking a verification upon oath or affirmation, the

 

 

SB1583- 47 -LRB102 11889 RJF 17225 b

1notary public must determine, either from personal knowledge
2or from satisfactory evidence, that the person appearing
3before the notary and making the verification is the person
4whose true signature is on the statement verified.
5    (c) In witnessing or attesting a signature, the notary
6public must determine, either from personal knowledge or from
7satisfactory evidence, that the signature is that of the
8person appearing before the notary and named therein.
9    (d) A notary public has satisfactory evidence that a
10person is the person whose true signature is on a document if
11that person:
12        (1) is personally known to the notary;
13        (2) is identified upon the oath or affirmation of a
14    credible witness personally known to the notary; or
15        (3) is identified on the basis of identification
16    documents. Identification documents are documents that are
17    valid at the time of the notarial act, issued by a state
18    agency, federal government agency, or consulate, and
19    bearing the photographic image of the individual's face
20    and signature of the individual.
21    (e) A notary public or electronic notary public shall have
22no obligation to perform any notarial or electronic notarial
23act, and may refuse to perform a notarial or electronic
24notarial act without further explanation.
25(Source: P.A. 97-397, eff. 1-1-12; 98-29, eff. 6-21-13.)
 

 

 

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1    (5 ILCS 312/6-104)  (from Ch. 102, par. 206-104)
2    Sec. 6-104. Acts prohibited.
3    (a) A notary public shall not use any name or initial in
4signing certificates other than that by which the notary was
5commissioned.
6    (b) A notary public shall not acknowledge any instrument
7in which the notary's name appears as a party to the
8transaction.
9    (c) A notary public shall not affix his signature to a
10blank form of affidavit or certificate of acknowledgment.
11    (d) A notary public shall not take the acknowledgment of
12or administer an oath to any person whom the notary actually
13knows to have been adjudged mentally ill by a court of
14competent jurisdiction and who has not been restored to mental
15health as a matter of record.
16    (e) A notary public shall not take the acknowledgment of
17any person who is blind until the notary has read the
18instrument to such person.
19    (f) A notary public shall not take the acknowledgment of
20any person who does not speak or understand the English
21language, unless the nature and effect of the instrument to be
22notarized is translated into a language which the person does
23understand.
24    (g) A notary public shall not change anything in a written
25instrument after it has been signed by anyone.
26    (h) No notary public shall be authorized to prepare any

 

 

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1legal instrument, or fill in the blanks of an instrument,
2other than a notary certificate; however, this prohibition
3shall not prohibit an attorney, who is also a notary public,
4from performing notarial acts for any document prepared by
5that attorney.
6    (i) If a notary public accepts or receives any money from
7any one to whom an oath has been administered or on behalf of
8whom an acknowledgment has been taken for the purpose of
9transmitting or forwarding such money to another and willfully
10fails to transmit or forward such money promptly, the notary
11is personally liable for any loss sustained because of such
12failure. The person or persons damaged by such failure may
13bring an action to recover damages, together with interest and
14reasonable attorney fees, against such notary public or his
15bondsmen.
16    (j) A notary public shall not perform any notarial act
17when his or her commission is suspended or revoked, nor shall
18he or she fail to comply with any term of suspension which may
19be imposed for violation of this Section.
20    (k) No notary public shall be authorized to explain,
21certify, or verify the contents of any document; however, this
22prohibition shall not prohibit an attorney, who is also a
23notary public, from performing notarial acts for any document
24prepared by that attorney.
25    (l) A notary public shall not represent himself or herself
26as an electronic notary public if the person has not been

 

 

SB1583- 50 -LRB102 11889 RJF 17225 b

1commissioned as an electronic notary public by the Secretary
2of State.
3    (m) No person shall knowingly create, manufacture, or
4distribute software or hardware for the purpose of allowing a
5person to act as an electronic notary public without being
6commissioned in accordance with this Act. A violation of this
7subsection (m) is a Class A misdemeanor.
8    (n) No person shall wrongfully obtain, conceal, damage, or
9destroy the technology or device used to create the electronic
10signature or seal of an electronic notary public. A violation
11of this subsection (n) is a Class A misdemeanor.
12(Source: P.A. 100-81, eff. 1-1-18; 100-809, eff. 1-1-19.)
 
13    (5 ILCS 312/Art. VI-A heading new)
14
ARTICLE VI-A
15
ELECTRONIC NOTARIAL ACTS AND FORMS

 
16    (5 ILCS 312/6A-101 new)
17    Sec. 6A-101. Requirements for systems and providers of
18electronic notarial technology.
19    (a) An electronic notarization system shall comply with
20this Act and any rules adopted by the Secretary of State.
21    (b) An electronic notarization system requiring enrollment
22shall enroll only persons commissioned as electronic notaries
23public by the Secretary of State.
24    (c) An electronic notarization vendor shall take

 

 

SB1583- 51 -LRB102 11889 RJF 17225 b

1reasonable steps to ensure that an electronic notary public
2who has enrolled to use the system has the knowledge to use it
3to perform electronic notarial acts in compliance with this
4Act.
5    (d) A provider of an electronic notarization system
6requiring enrollment shall notify the Secretary of State of
7the name of each electronic notary public who enrolls in the
8system within 5 days after enrollment by means prescribed by
9rule by the Secretary of State.
10    (e) An electronic notarization system shall require access
11to the system by a password or other secure means of
12authentication.
13    (f) An electronic notarization system shall enable an
14electronic notary public to affix the electronic notary's
15electronic signature in a manner that attributes such
16signature to the electronic notary.
17    (g) An electronic notarization system shall render every
18electronic notarial act tamper evident.
19    (h) An electronic notary public shall not use an
20electronic notarization if:
21        (1) the electronic notary cannot competently operate
22    the electronic notarization system; or
23        (2) the electronic notary has a reasonable belief that
24    an electronic notarization system does not meet the
25    requirements set forth in this Act.
 

 

 

SB1583- 52 -LRB102 11889 RJF 17225 b

1    (5 ILCS 312/6A-102 new)
2    Sec. 6A-102. Electronic notary not liable for system
3failure. An electronic notary public who exercised reasonable
4care enrolling in and using an electronic notarization system
5shall not be liable for any damages resulting from the
6system's failure to comply with the requirements of this Act.
7Any provision in a contract or agreement between the
8electronic notary public and provider that attempts to waive
9this immunity shall be null, void, and of no effect.
 
10    (5 ILCS 312/6A-103 new)
11    Sec. 6A-103. Electronic notarial acts.
12    (a) An electronic notary public:
13        (1) is a notary public for purposes of this Act and is
14    subject to all provisions of this Act;
15        (2) may perform notarial acts as provided by this Act
16    in addition to performing electronic notarizations; and
17        (3) may perform an electronic notarization authorized
18    under this Article.
19    (b) In performing an electronic notarization, an
20electronic notary public shall verify the identity of a person
21creating an electronic signature at the time that the
22signature is taken by using two-way audio and video conference
23technology that meets the requirements of this Act and rules
24adopted under this Article. For the purposes of performing an
25electronic notarial act for a person using audio-video

 

 

SB1583- 53 -LRB102 11889 RJF 17225 b

1communication, an electronic notary public has satisfactory or
2documentary evidence of the identity of the person if the
3electronic notary public confirms the identity of the person
4by:
5        (1) the electronic notary public's personal knowledge
6    of the person creating the electronic signature; or
7        (2) each of the following:
8            (A) remote presentation by the person creating the
9        electronic signature of a government-issued
10        identification credential, including a passport or
11        driver's license, that contains the signature and a
12        photograph of the person;
13            (B) credential analysis of the front and back of
14        the government-issued identification credential and
15        the data thereon; and
16            (C) a dynamic knowledge-based authentication
17        assessment.
18    (c) An electronic notary public may perform any of the
19acts set forth in Section 6-102 using audio-video
20communication in accordance with this Section and any rules
21adopted by the Secretary of State.
22    (d) If an electronic notarial act is performed using
23audio-video communication:
24        (1) the technology must allow the persons
25    communicating to see and speak to each other
26    simultaneously;

 

 

SB1583- 54 -LRB102 11889 RJF 17225 b

1        (2) the signal transmission must be in real time; and
2        (3) the electronic notarial act must be recorded.
3    (e) The validity of the electronic notarial act will be
4determined by applying the laws of the State of Illinois.
5    (f) The electronic notarial certificate for an electronic
6notarization must include a notation that the notarization is
7an electronic notarization.
8    (g) When performing an electronic notarization, an
9electronic notary public shall complete an electronic notarial
10certificate and attach or logically associate the electronic
11notary's electronic signature and seal to that certificate in
12a tamper evident manner. Evidence of tampering pursuant to
13this standard may be used to determine whether the electronic
14notarial act is valid or invalid.
15    (h) The liability, sanctions, and remedies for improper
16performance of electronic notarial acts are the same as
17described and provided by law for the improper performance of
18non-electronic notarial acts as described under Section 7-108.
19    (i) Electronic notarial acts need to fulfill certain basic
20requirements to ensure non-repudiation and the capability of
21being authenticated by the Secretary of State for purposes of
22issuing apostilles and certificates of authentication. The
23requirements are as follows:
24        (1) the fact of the electronic notarial act, including
25    the electronic notary's identity, signature, and
26    electronic commission status, must be verifiable by the

 

 

SB1583- 55 -LRB102 11889 RJF 17225 b

1    Secretary of State; and
2        (2) the notarized electronic document will be rendered
3    ineligible for authentication by the Secretary of State if
4    it is improperly modified after the time of electronic
5    notarization, including any unauthorized alterations to
6    the document content, the electronic notarial certificate,
7    the electronic notary public's electronic signature, or
8    the electronic notary public's official electronic seal.
 
9    (5 ILCS 312/6A-104 new)
10    Sec. 6A-104. Requirements for audio-video communication.
11    (a) An electronic notary public shall arrange for a
12recording to be made of each electronic notarial act performed
13using audio-video communication. The audio-video recording
14required by this Section shall be in addition to the journal
15entry for the electronic notarial act required by Section
163-107. Before performing any electronic notarial act using
17audio-video communication, the electronic notary public must
18inform all participating persons that the electronic
19notarization will be electronically recorded.
20    (b) If the person for whom the electronic notarial act is
21being performed is identified by personal knowledge, the
22recording of the electronic notarial act must include an
23explanation by the electronic notary public as to how he or she
24knows the person and how long he or she has known the person.
25    (c) If the person for whom the electronic notarial act is

 

 

SB1583- 56 -LRB102 11889 RJF 17225 b

1being performed is identified by a credible witness:
2        (1) the credible witness must appear before the
3    electronic notary public; and
4        (2) the recording of the electronic notarial act must
5    include:
6            (A) a statement by the electronic notary public as
7        to whether he or she identified the credible witness
8        by personal knowledge or satisfactory evidence; and
9            (B) an explanation by the credible witness as to
10        how he or she knows the person for whom the electronic
11        notarial act is being performed and how long he or she
12        has known the person.
13    (d) An electronic notary public shall keep a recording
14made pursuant to this Section for a period of not less than 7
15years, regardless of whether the electronic notarial act was
16actually completed.
17    (e) An electronic notary public who performs an electronic
18notarial act for a principal by means of audio-video
19communication shall be located within the State of Illinois at
20the time the electronic notarial act is performed. The
21electronic notary public shall include a statement in the
22electronic notarial certificate to indicate that the
23electronic notarial act was performed by means of audio-video
24communication. The statement may also be included in the
25electronic notarial seal.
26    (f) The remote electronic notarization system used to

 

 

SB1583- 57 -LRB102 11889 RJF 17225 b

1perform electronic notarial acts by means of audio-video
2communication shall:
3        (1) provide sufficient audio clarity and video
4    resolution to enable the electronic notary public and the
5    principal to see and speak to each other simultaneously
6    through live, real time transmission;
7        (2) include a means of authentication that reasonably
8    ensures only the proper parties have access to the
9    audio-video communication;
10        (3) provide some manner of ensuring that the
11    electronic record that is presented for electronic
12    notarization is the same record electronically signed by
13    the principal;
14        (4) enable the electronic notary public to verify the
15    identity of the principal through multiple identity
16    verification methods, which may include: (i) completion of
17    a dynamic knowledge-based authentication assessment; (ii)
18    credential analysis of a remotely presented
19    government-issued identification that contains the
20    signature and a photograph of the principal; (iii) a valid
21    public key certificate; or (iv) any other identity
22    proofing method adopted by the commissioning official;
23        (5) be capable of creating, storing, and accessing an
24    electronic recording of the audio-video communication; and
25        (6) provide reasonable security measures to prevent
26    unauthorized access to: (i) the live transmission of the

 

 

SB1583- 58 -LRB102 11889 RJF 17225 b

1    audio-video communication; (ii) a recording of the
2    audio-video communication; (iii) the verification methods
3    and credentials used to verify the identity of the
4    principal; and (iv) the electronic documents presented for
5    electronic notarization.
6    (g) An electronic notary public who performs an electronic
7notarial act for a principal by means of audio-video
8communication shall:
9        (1) be located within this State at the time the
10    electronic notarial act is performed;
11        (2) execute the electronic notarial act in a single
12    recorded session that complies with Section 6A-103;
13        (3) be satisfied that any electronic record that is
14    electronically signed, acknowledged, or otherwise
15    presented for electronic notarization by the principal is
16    the same record electronically signed by the electronic
17    notary;
18        (4) be satisfied that the quality of the audio-video
19    communication is sufficient to make the determinations
20    required for the electronic notarial act under this Act
21    and any other law of this State; and
22        (5) identify the venue for the electronic notarial act
23    as the jurisdiction within Illinois where the notary is
24    physically located while performing the act.
25    (h) An electronic notarization system used to perform
26electronic notarial acts by means of audio-video communication

 

 

SB1583- 59 -LRB102 11889 RJF 17225 b

1shall:
2        (1) require the electronic notary public, the
3    principal, and any required witness to access the system
4    through an authentication procedure that is reasonably
5    secure from unauthorized access;
6        (2) enable the electronic notary public to verify the
7    identity of the principal and any required witness by
8    means of personal knowledge or satisfactory evidence of
9    identity in compliance with Section 6-102;
10        (3) provide reasonable certainty that the electronic
11    notary public, principal, and any required witness are
12    viewing the same electronic record and that all
13    signatures, changes, and attachments to the electronic
14    record are made in real time; and
15        (4) be capable of creating, archiving, and protecting
16    the audio-video recording, and capable of providing public
17    and official access, inspection, and copying of this
18    recording as required by this Act.
19    (i) The audio-video recording shall include:
20        (1) at the commencement of the recording, a recitation
21    by the electronic notary public of information sufficient
22    to identify the electronic notarial act;
23        (2) a declaration by the principal that the
24    principal's electronic signature on the record was
25    knowingly and voluntarily made;
26        (3) all actions and spoken words of the principal,

 

 

SB1583- 60 -LRB102 11889 RJF 17225 b

1    notary public, and any required witness during the entire
2    electronic notarial act; and
3        (4) at the discretion of the principal, an accurate
4    and complete image of the entire electronic record that
5    was viewed and electronically signed by the principal and
6    the electronic notary public.
7    (j) The provisions of Section 3-107 related respectively
8to security, inspection, copying, and disposition of the
9journal shall also apply to security, inspection, copying, and
10disposition of audio-video recordings required by this
11Section.
 
12    (5 ILCS 312/6A-105 new)
13    Sec. 6A-105. Electronic certificate of notarial acts.
14    (a) An electronic notarial act must be evidenced by an
15electronic notarial certificate signed and dated by the
16electronic notary public. The electronic notarial certificate
17must include identification of the jurisdiction in which the
18electronic notarial act is performed and the electronic seal
19of the electronic notary public.
20    (b) An electronic notarial certificate of an electronic
21notarial act is sufficient if it meets the requirements of
22subsection (a) and it:
23        (1) is in the short form set forth in 6-105;
24        (2) is in a form otherwise prescribed by the law of
25    this State; or

 

 

SB1583- 61 -LRB102 11889 RJF 17225 b

1        (3) sets forth the actions of the electronic notary
2    public and those are sufficient to meet the requirements
3    of the designated electronic notarial act.
4    (c) At the time of an electronic notarial act, an
5electronic notary public shall officially sign every
6electronic notarial certificate and electronically affix the
7electronic seal clearly and legibly, so that it is capable of
8photographic reproduction. The illegibility of any of the
9information required under this Section does not affect the
10validity of a transaction.
 
11    (5 ILCS 312/6A-106 new)
12    Sec. 6A-106. Electronic acknowledgments; physical
13presence.
14    (a) For purposes of this Act, a person may appear before
15the person taking the acknowledgment by:
16        (1) being in the same physical location as the other
17    person and close enough to see, hear, communicate with,
18    and exchange tangible identification credentials with that
19    person; or
20        (2) being outside the physical presence of the other
21    person, but interacting with the other person by means of
22    communication technology.
23    (b) If the acknowledging person is outside the physical
24presence of the person taking the acknowledgment, the
25certification of acknowledgment must indicate that the

 

 

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1notarial act was performed by means of communication
2technology. A form of certificate of acknowledgment as
3provided by the Secretary of State, which may include the use
4of a remote online notarial certificate, is sufficient for
5purposes of this subsection (b) if it substantially reads as
6follows: "The foregoing instrument was acknowledged before me
7by means of communication technology this (date) by...(each
8form continued as sufficient for its respective purposes.)".
 
9    (5 ILCS 312/7-106)  (from Ch. 102, par. 207-106)
10    Sec. 7-106. Willful Impersonation.
11    (a) Any person who acts as, or otherwise willfully
12impersonates, a notary public while not lawfully appointed and
13commissioned to perform notarial acts is guilty of a Class A
14misdemeanor.
15    (b) Any notary public or other person who is not an
16electronic notary public that impersonates an electronic
17notary public to perform electronic notarial acts is guilty of
18a Class A misdemeanor.
19(Source: P.A. 84-322.)
 
20    (5 ILCS 312/7-107)  (from Ch. 102, par. 207-107)
21    Sec. 7-107. Wrongful Possession.
22    (a) No person may unlawfully possess, obtain, conceal,
23damage, or destroy a notary's official seal. Any person who
24unlawfully possesses a notary's official seal is guilty of a

 

 

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1misdemeanor and punishable upon conviction by a fine not
2exceeding $1,000.
3    (b) No person may unlawfully possess, conceal, damage, or
4destroy the certificate, disk, coding, card, program,
5software, or hardware enabling an electronic notary public to
6affix an official electronic signature or seal.
7    (c) Any person who violates this Section shall be guilty
8of a misdemeanor and punishable upon conviction by a fine not
9exceeding $1,000.
10(Source: P.A. 84-322.)
 
11    (5 ILCS 312/7-108)  (from Ch. 102, par. 207-108)
12    Sec. 7-108. Reprimand, suspension, and revocation of
13commission.
14    (a) The Secretary of State may revoke the commission of
15any notary public who, during the current term of appointment:
16        (1) submits an application for commission and
17    appointment as a notary public which contains substantial
18    and material misstatement or omission of fact; or
19        (2) is convicted of any felony, misdemeanors,
20    including those defined in Part C, Articles 16, 17, 18,
21    19, and 21, and Part E, Articles 31, 32, and 33 of the
22    Criminal Code of 2012, or official misconduct under this
23    Act; or .
24        (3) is a licensed attorney and has been sanctioned,
25    suspended, or disbarred by the Illinois Attorney

 

 

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1    Registration and Disciplinary Commission.
2    (b) Whenever the Secretary of State believes that a
3violation of this Article has occurred, he or she may
4investigate any such violation. The Secretary may also
5investigate possible violations of this Article upon a signed
6written complaint on a form designated by the Secretary.
7    (c) A notary's failure to cooperate or respond to an
8investigation by the Secretary of State is a failure by the
9notary to fully and faithfully discharge the responsibilities
10and duties of a notary and shall result in suspension or
11revocation of the notary's commission or the electronic
12notary's commission.
13    (d) All written complaints which on their face appear to
14establish facts which, if proven true, would constitute an act
15of misrepresentation or fraud in notarization or electronic
16notarization, or misrepresentation or fraud on the part of the
17notary, shall be investigated by the Secretary of State to
18determine whether cause exists to reprimand, suspend, or
19revoke the commission of the notary.
20    (e) The Secretary of State may deliver a written official
21warning and reprimand to a notary, or may revoke or suspend a
22notary's commission or an electronic notary's commission, for
23any of the following:
24        (1) a notary's official misconduct, as defined under
25    Section 7-104;
26        (2) any ground for which an application for

 

 

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1    appointment as a notary may be denied for failure to
2    complete application requirements as provided under
3    Section 2-102;
4        (3) any prohibited act provided under Section 6-104;
5    or
6        (4) a violation of any provision of the general
7    statutes.
8    (f) After investigation and upon a determination by the
9Secretary of State that one or more prohibited acts have been
10performed in the notarization or electronic notarization of a
11document, the Secretary shall, after considering the extent of
12the prohibited act and the degree of culpability of the
13notary, order one or more of the following courses of action:
14        (1) issue a letter of warning to the notary, including
15    the Secretary's findings;
16        (2) order suspension of the commission of the notary
17    for a period of time designated by the Secretary;
18        (3) order revocation of the commission of the notary;
19        (4) refer the allegations to the appropriate State's
20    Attorney's Office or the Attorney General for criminal
21    investigation; or
22        (5) refer the allegations to the Illinois Attorney
23    Registration and Disciplinary Commission for disciplinary
24    proceedings.
25    (g) After a notary receives notice from the Secretary of
26State that his or her commission has been revoked, that notary

 

 

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1shall immediately deliver his or her official seal to the
2Secretary. After an electronic notary public receives notice
3from the Secretary of State that his or her electronic
4commission has been revoked, the electronic notary public
5shall immediately notify the electronic notary's chosen
6technology provider, and to the extent possible, destroy or
7remove the software used for electronic notarizations.
8    (h) A notary whose appointment has been revoked due to a
9violation of this Act shall not be eligible for a new
10commission as a notary public in this State for a period of at
11least 5 years from the date of the final revocation.
12    (i) A notary may voluntarily resign from appointment by
13notifying the Secretary of State in writing of his or her
14intention to do so, and by physically returning his or her
15stamp to the Secretary. An electronic notary public may
16voluntarily resign from appointment by notifying the Secretary
17of State in writing of his or her intention to do so, and by
18notifying the electronic notary's chosen technology provider,
19and to the extent possible, destroy or remove the software
20used for electronic notarizations. A voluntary resignation
21shall not stop or preclude any investigation into a notary's
22conduct, or prevent further suspension or revocation by the
23Secretary, who may pursue any such investigation to a
24conclusion and issue any finding.
25    (j) Upon a determination by a sworn law enforcement
26officer that the allegations raised by the complaint are

 

 

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1founded, and the notary has received notice of suspension or
2revocation from the Secretary of State, the notary is entitled
3to an administrative hearing.
4    (k) The Secretary of State shall adopt administrative
5hearing rules applicable to this Section that are consistent
6with the Illinois Administrative Procedure Act.
7    (l) Any revocation, resignation, expiration, or suspension
8of the commission of a notary public terminates or suspends
9any commission to notarize electronically.
10    (m) A notary public may terminate registration to notarize
11electronically and maintain his or her underlying notary
12public commission.
13(Source: P.A. 100-809, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
14    (5 ILCS 312/7-110 new)
15    Sec. 7-110. Applicable law; conflict of law.
16    (a) The validity of any notarization, including an
17electronic notarization, shall be determined by applying the
18laws of this State, regardless of the physical location of the
19principal at the time of a remote notarization.
20    (b) An electronic notary public authorized to perform
21electronic notarizations is subject to and must comply with
22this Act.
23    (c) If a conflict between a provision of this Section and
24another law of this State, this Section controls.
 

 

 

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1    Section 10. The State Finance Act is amended by adding
2Section 5.935 as follows:
 
3    (30 ILCS 105/5.935 new)
4    Sec. 5.935. The Electronic Notarization Fund.
 
5    Section 15. The Uniform Real Property Electronic Recording
6Act is amended by changing Section 2 and by adding Section 3.5
7as follows:
 
8    (765 ILCS 33/2)
9    Sec. 2. Definitions. In this Act:
10        (1) "Document" means information that is:
11            (A) inscribed on a tangible medium or that is
12        stored in an electronic or other medium and is
13        retrievable in perceivable form; and
14            (B) eligible to be recorded in the land records
15        maintained by the county recorder.
16        (2) "Electronic" means relating to technology having
17    electrical, digital, magnetic, wireless, optical,
18    electromagnetic, or similar capabilities.
19        (3) "Electronic document" means a document created,
20    generated, sent, communicated, received, or stored by
21    electronic means that is received by the recorder in an
22    electronic form.
23        (4) "Electronic signature" means an electronic sound,

 

 

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1    symbol, or process attached to or logically associated
2    with a document and executed or adopted by a person with
3    the intent to sign the document.
4        (5) "Person" means an individual, corporation,
5    business trust, estate, trust, partnership, limited
6    liability company, association, joint venture, public
7    corporation, government, or governmental subdivision,
8    agency, or instrumentality, or any other legal or
9    commercial entity.
10        (6) "State" means a state of the United States, the
11    District of Columbia, Puerto Rico, the United States
12    Virgin Islands, or any territory or insular possession
13    subject to the jurisdiction of the United States.
14        (7) "Secretary" means the Secretary of State.
15        (8) "Commission" means the Illinois Electronic
16    Recording Commission.
17    Any notifications required by this Act must be made in
18writing and may be communicated by certified mail, return
19receipt requested or electronic mail so long as receipt is
20verified.
21(Source: P.A. 95-472, eff. 8-27-07.)
 
22    (765 ILCS 33/3.5 new)
23    Sec. 3.5. Electronic documents certified by notary public.
24    (a) A paper or tangible copy of an electronic document
25that a notary public has certified to be a true and correct

 

 

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1copy under subsection (b) satisfies any requirement of law
2that, as a condition for recording, the document:
3        (1) be an original or be in writing;
4        (2) be signed or contain an original signature, if the
5    document contains an electronic signature of the person
6    required to sign the document; and
7        (3) be notarized, acknowledged, verified, witnessed,
8    or made under oath, if the document contains an electronic
9    signature of the person authorized to perform that act,
10    and all other information required to be included.
11    (b) A notary public duly appointed and commissioned under
12Section 2-101 of the Illinois Notary Public Act may certify
13that a paper or tangible copy of an electronic document is a
14true and correct copy of the electronic document if the notary
15public has:
16        (1) reasonably confirmed that the electronic document
17    is in a tamper evident format;
18        (2) detected no changes or errors in any electronic
19    signature or other information in the electronic document;
20        (3) personally printed or supervised the printing of
21    the electronic document onto paper or other tangible
22    medium; or
23        (4) not made any changes or modifications to the
24    electronic document or to the paper or tangible copy
25    thereof other than the certification described in this
26    subsection (b).

 

 

SB1583- 71 -LRB102 11889 RJF 17225 b

1    (c) A county recorder shall accept for recording a paper
2or tangible copy of a document that has been certified by a
3notary public to be a true and correct copy of an electronic
4document under subsection (b) as evidenced by a notarial
5certificate.
6    (d) A notarial certificate in substantially the following
7form is sufficient for the purposes of this Section:
 
8"State of....................................................
 
9County of....................................................
 
10On this.....(date), I certify that the foregoing and annexed
11document [entitled............,] (and) containing
12............pages is a true and correct copy of an electronic document
13printed by me or under my supervision. I further certify that,
14at the time of printing, no security features present on the
15electronic document indicated any changes or errors in an
16electronic signature or other information in the electronic
17document since its creation or execution.
 
18.............................................................
19(Signature of Notary Public)
20(Seal)"
21    (f) If a notarial certificate is attached to or made a part
22of a paper or tangible document, the certificate is prima

 

 

SB1583- 72 -LRB102 11889 RJF 17225 b

1facie evidence that the requirements of subsection (c) have
2been satisfied with respect to the document.
3    (g) A paper or tangible copy of a deed, mortgage, or other
4document shall be deemed, from the time of being filed for
5record, as notice to subsequent purchasers and creditors,
6though it may not be certified in accordance with the
7provisions of this Section.
8    (h) This Section does not apply to any map or plat governed
9by the Plat Act, the Judicial Plat Act, or the Permanent Survey
10Act, or to any monument record governed by the Land Survey
11Monuments Act.
 
12    Section 99. Effective date. This Act takes effect on the
13later of the following:
14        (1) January 1, 2022; or
15        (2) the date on which the Office of the Secretary of
16    State files with the Index Department of the Office of the
17    Secretary of State a notice that the Office of the
18    Secretary of State has adopted the rules necessary to
19    implement this Act. Upon the filing of the notice, the
20    Index Department shall provide a copy of the notice to the
21    Legislative Reference Bureau.

 

 

SB1583- 73 -LRB102 11889 RJF 17225 b

1 INDEX
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

 

 

SB1583- 74 -LRB102 11889 RJF 17225 b

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 105/5.935 new
16    765 ILCS 33/2
17    765 ILCS 33/3.5 new