Illinois General Assembly - Full Text of HB3796
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Full Text of HB3796  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/17/2023, by Rep. Stephanie A. Kifowit


5 ILCS 312/1-104  from Ch. 102, par. 201-104
5 ILCS 312/2-105  from Ch. 102, par. 202-105
5 ILCS 312/6-102.5
5 ILCS 312/6-102.75 new
5 ILCS 312/6A-104

    Amends the Illinois Notary Public Act. Defines "e-mail communication", "government employee", "public body", and "recorded". Makes changes to the definition of "remote notarial act" to allow notarial acts to be performed by email. Authorizes surety bonds to be obtained through email. Allows a public body to establish a signature depository wherein signatures may be used by the public body notaries for future notarization.

LRB103 30142 DTM 56566 b





HB3796LRB103 30142 DTM 56566 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, 2-105, 6-102.5, and 6A-104 and by
6adding Section 6-102.75 as follows:
7    (5 ILCS 312/1-104)  (from Ch. 102, par. 201-104)
8    (Text of Section before amendment by P.A. 102-160)
9    Sec. 1-104. Notary Public and Notarization Defined.
10    (a) The terms "notary public" and "notary" are used
11interchangeably to mean any individual appointed and
12commissioned to perform notarial acts.
13    (b) "Notarization" means the performance of a notarial
15    (c) "Accredited immigration representative" means a
16not-for-profit organization recognized by the Board of
17Immigration Appeals under 8 C.F.R. 292.2(a) and employees of
18those organizations accredited under 8 C.F.R. 292.2(d).
19(Source: P.A. 93-1001, eff. 8-23-04.)
20    (Text of Section after amendment by P.A. 102-160)
21    Sec. 1-104. Definitions. As used in this Act:
22    "Accredited immigration representative" means a not for



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1profit organization recognized by the Board of Immigration
2Appeals under 8 C.F.R. 292.29(a) and employees of those
3organizations accredited under 8 C.F.R. 292.29(d).
4    "Acknowledgment" means a declaration by an individual
5before a notarial officer that the individual has signed a
6record for the purpose stated in the record and, if the record
7is signed in a representative capacity, that the individual
8signed the record with proper authority and signed it as the
9act of the individual or entity identified in the record.
10    "Audio-video communication" means communication by which a
11person is able to see, hear, and communicate with another
12person in real time using electronic means.
13    "Communication technology" means an electronic device or
14process that allows a notary public and a remotely located
15individual to communicate with each other simultaneously by
16audio-video communication.
17    "Credential" means a tangible record evidencing the
18identity of a person, including a valid and unexpired
19identification card or other document issued by the federal
20government or any state government that contains the
21photograph and signature of the principal.
22    "Digital certificate" means a computer-based record or
23electronic file to a notary public or applicant for commission
24as an electronic notary public for the purpose of creating an
25official electronic signature. The digital certificate shall
26be kept in the exclusive control of the electronic notary



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



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1    expiration date;
2        (2) other required information concerning the date and
3    placement of the electronic notarization; and
4        (3) the facts attested to or certified by the
5    electronic notary public in the particular notarization.
6    "Electronic notarial certificate" includes the form of an
7acknowledgment, jurat, verification on oath or affirmation, or
8verification of witness or attestation that is completed
9remotely by an electronic notary public and:
10        (1) contains the electronic notary's electronic
11    signature, electronic seal, title and commission, and
12    expiration date;
13        (2) contains other required information concerning the
14    date and place of the electronic notarization;
15        (3) otherwise conforms to the requirements for an
16    acknowledgment, jurat, verification on oath or
17    affirmation, or verification of witness or attestation
18    under the laws of this State; and
19        (4) indicates that the person making the
20    acknowledgment, oath, or affirmation appeared.
21    "Electronic notarization system" means a set of
22applications, programs, hardware, software, or technology to
23enable an electronic notary to perform electronic notarial
24acts through audio-video communication.
25    "Electronic notary public" means a person commissioned by
26the Secretary of State to perform electronic notarial acts.



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1    "Electronic presentation" means the transmission of a
2quality image of a government-issued identification credential
3to an electronic notary public through communication
4technology for the purpose of enabling the electronic notary
5public to identify the person appearing before the electronic
6notary public and to perform a credential analysis.
7    "Electronic record" means a record created, generated,
8sent, communicated, received, or stored by electronic means.
9    "Electronic seal" means information within a notarized
10electronic document that includes the names, commission
11number, jurisdiction, and expiration date of the commission of
12an electronic notary public and generally includes the
13information required to be set forth in a mechanical stamp
14under subsection (b-5) of Section 3-101.
15    "Electronic signature" means the official signature of the
16commissioned notary that is on file with the Secretary of
17State and has been reduced to an electronic format that may be
18attached to or logically associated with a record and executed
19or adopted by an individual with the intent to sign the record.
20    "Email communication" means an email message in which the
21signatory authorizes the notary to complete a remote notarial
22act and to affix the signature maintained in the signatory
24    "Government employee" means any individual employed by any
25judicial, legislative, executive, administrative, or advisory
26body of the State, any State university or college, any



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1county, any township, any city, any village, any incorporated
2town, any school district, and any other municipal
3corporation, board, bureau, committee, or commission of this
4State or any subsidiary body of any of the foregoing.
5    "Identity proofing" means a process or service operating
6according to criteria approved by the Secretary of state
7through which a third person affirms the identity of an
8individual through review of personal information from public
9and proprietary data sources, including (a) by means of
10dynamic knowledge-based authentication, such as a review of
11personal information from public or proprietary data sources;
12or (b) by means of analysis of biometric data, such as, but not
13limited to, facial recognition, voiceprint analysis, or
14fingerprint analysis.
15    "In the presence of" or "appear before" means:
16        (1) being in the same physical location as another
17    person and close enough to see, hear, communicate with and
18    exchange credentials with that person; or
19        (2) being in a different physical location from
20    another person, but able to see, hear, and/or communicate
21    with the person by means of audio-video communication that
22    meets any rules adopted by the Secretary of State.
23    "Notarial act" means an act, whether performed with
24respect to a tangible or electronic record, that a notary
25public, a remote notary public, or an electronic notary public
26may perform under the laws of this State. "Notary act"



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1includes taking an acknowledgment, administering an oath, or
2affirmation, taking a verification on oath, or affirmation,
3witnessing or attesting a signature, certifying or attesting a
4copy, and noting a protest of a negotiable instrument.
5    "Notary public" or "notary" means an individual
6commissioned to perform notarial acts.
7    "Notarization" means the performance of a notarial act.
8    "Outside the United States" means a location outside of
9the geographic boundaries of a state or commonwealth of the
10United States, the District of Columbia, Puerto Rico, the
11United States Virgin Islands, and any territory, or insular
12possession, or other location subject to the jurisdiction of
13the United States.
14    "Principal" means an individual:
15        (1) whose signature is notarized; or
16    "Public body" means all judicial, legislative, executive,
17administrative, or advisory bodies of the State, a State
18university or college, a county, a township, a city, a
19village, an incorporated town, a school district and any other
20municipal corporation, board, bureau, committee, or commission
21of this State or any subsidiary body of any of the foregoing.
22        (2) taking an oath or affirmation from the notary but
23    not in the capacity of a witness for the notarization.
24    "Public key certificate" means an electronic credential
25which is used to identify an individual who signed an
26electronic record with the certificate.



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1    "Real time" means the actual span of uninterrupted time
2during which all parts of an electronic notarial act occur.
3    "Recorded" means captured via two-way video or captured
4via email exchange.
5    "Remote notarial act" means a notarial act that is done by
6way of audio-video communication technology or email
7communication that allows for direct, contemporaneous
8interaction between the government employee individual signing
9the document (the signatory) and a government employee the
10witness by audio-video communication or email communication
11sight and sound but that requires the notary public to use his
12or her physical stamp and seal to notarize the document
13without the aid of an electronic seal or signature.
14    "Remote notary public" means any notary public that
15performs a remote notarial act.
16    "Tamper evident" means that any change to an electronic
17document shall display evidence of the change.
18    "Unique to the electronic notary public" and "sole
19control" mean, with respect to an electronic notarization that
20the signing device used to affix the electronic signature of
21the electronic notary public and to render the official
22electronic seal information tamper evident must be accessible
23by and attributable solely to the electronic notary public to
24the exclusion of all other persons and entities for the
25necessary period of time that such device is engaged and
26operating to effectuate the authorized electronic



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2(Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for
3effective date of P.A. 102-160).)
4    (5 ILCS 312/2-105)  (from Ch. 102, par. 202-105)
5    (Text of Section before amendment by P.A. 102-160)
6    Sec. 2-105. Bond. Every application for appointment and
7commission as a notary public shall be accompanied by an
8executed bond commencing on the date of the appointment with a
9term of 4 years, in the sum of $5,000, with, as surety thereon,
10a company qualified to write surety bonds in this State. The
11bond shall be conditioned upon the faithful performance of all
12notarial acts in accordance with this Act. The Secretary of
13State may prescribe an official bond form.
14(Source: P.A. 84-322.)
15    (Text of Section after amendment by P.A. 102-160)
16    Sec. 2-105. Bond.
17    (a) Every application for appointment and commission as a
18notary public shall be accompanied by or logically associated
19with an executed bond commencing on the date of the
20appointment with a term of 4 years, in the sum of $5,000, with,
21as surety thereon, a company qualified to write surety bonds
22in this State. The bond shall be conditioned upon the faithful
23performance of all notarial acts in accordance with this Act.
24The Secretary of State may prescribe an official bond form.



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1    (b) A notary public that performs notarizations either
2remotely or electronically and by means of audio-video
3communication or email communication shall obtain and maintain
4a surety bond in the amount of $25,000 from a surety or
5insurance company licensed to do business in this State, and
6this bond shall be exclusively conditioned on the faithful
7performance of remote notarial acts or electronic notarial
8acts by means of audio-video communication or email
9communication. When a notary is required to hold both the
10$5,000 bond and the $25,000 bond, one bond totaling $30,000
11shall satisfy the provisions of this Section.
12    (c) The bonding company issuing the bond to a notary
13public or an electronic notary public shall submit
14verification of the bond information for the notary to the
15Secretary of State in a format prescribed by the Secretary of
17(Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for
18effective date of P.A. 102-160).)
19    (5 ILCS 312/6-102.5)
20    (This Section may contain text from a Public Act with a
21delayed effective date)
22    Sec. 6-102.5. Remote notarial acts.
23    (a) Any commissioned notary public may perform any
24notarial act described under Section 6-102 remotely, after
25first determining, either from personal knowledge or from



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1satisfactory evidence, that the signature is that of the
2person appearing before the notary and named therein. A notary
3public has satisfactory evidence that a person is the person
4whose true signature is on a document if that person:
5        (1) is personally known to the notary;
6        (2) is identified upon the oath or affirmation of a
7    credible witness personally known to the notary; or
8        (3) is identified on the basis of identification
9    documents. Identification documents are documents that are
10    (i) valid at the time of the notarial act, (ii) issued by a
11    State agency, federal government agency, or consulate, and
12    (iii) bearing the photographic image of the individual's
13    face and signature of the individual.
14    (b) A remote notarial action must be performed in
15accordance with the following audio-video communication
17        (1) Two-way audio-video communication or email
18    communication technology must allow for remotely located
19    notaries and principals to engage in direct,
20    contemporaneous interaction between the individual signing
21    the document (signatory) and the witness by sight, and
22    sound, or writing.
23        (2) The two-way audio video communication or email
24    communication technology must be recorded and preserved by
25    the signatory or the signatory's designee for a period of
26    at least 3 years if otherwise required by law.



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1        (3) The signatory must attest to being physically
2    located in Illinois during the two-way audio-video
3    communication or email communication.
4        (4) The signatory must affirmatively state on the
5    two-way audio-video communication or email communication
6    what document the signatory is signing.
7        (5) Each page of the document being witnessed must be
8    shown to the witness on the two-way audio-video
9    communication or email communication technology in a means
10    clearly legible to the witness.
11        (6) The act of signing must be captured sufficiently
12    up close on the two-way audio-video communication or email
13    communication for the witness to observe.
14    (c) Application of the notary's seal and signature:
15        (1) The signatory must transmit by overnight mail,
16    fax, or electronic means a legible copy of the entire
17    signed document directly to the notary no later than the
18    day after the document is signed.
19        (2) The notary must sign the transmitted copy of the
20    document as a witness and transmit the signed copy of the
21    document back to the signatory via overnight mail, fax, or
22    electronic means within 24 hours after receipt.
23        (3) If necessary, the notary may sign the original
24    signed document as of the date of the original execution
25    by the signatory provided that the witness receives the
26    original signed document together with the electronically



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1    witnessed copy within 30 days after the date of the remote
2    notarization.
3    (d) The Secretary of State shall adopt administrative
4rules to implement this Section.
5(Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for
6effective date of P.A. 102-160).)
7    (5 ILCS 312/6-102.75 new)
8    Sec. 6-102.75. Signature Depository.
9    (a) A public body that wishes for notaries employed by
10that public body to complete remote notarial acts may
11establish a signature depository wherein signatures may be
12used by the public body notaries for future notarization.
13    (b) In order for a signature to be entered into the
14depository, the signatory must:
15        (1) obtain proper notarization of the document as
16    required by Section 6-102 of this Act; and
17        (2) submit a copy of that document, within 30 business
18    days of the notarization, to the person designated as
19    responsible for maintaining the depository.
20    (c) A signatory may then request a remote notarial act via
21email communication.
22    (5 ILCS 312/6A-104)
23    (This Section may contain text from a Public Act with a
24delayed effective date)



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1    Sec. 6A-104. Requirements for audio-video communication.
2    (a) An electronic notary public shall arrange for a
3recording to be made of each electronic notarial act performed
4using audio-video communication. The audio-video recording
5required by this Section shall be in addition to the journal
6entry for the electronic notarial act required by Section
73-107. Before performing any electronic notarial act using
8audio-video communication, the electronic notary public must
9inform all participating persons that the electronic
10notarization will be electronically recorded.
11    (b) If the person for whom the electronic notarial act is
12being performed is identified by personal knowledge, the
13recording of the electronic notarial act must include an
14explanation by the electronic notary public as to how he or she
15knows the person and how long he or she has known the person.
16    (c) If the person for whom the electronic notarial act is
17being performed is identified by a credible witness:
18        (1) the credible witness must appear before the
19    electronic notary public; and
20        (2) the recording of the electronic notarial act must
21    include:
22            (A) a statement by the electronic notary public as
23        to whether he or she identified the credible witness
24        by personal knowledge or satisfactory evidence; and
25            (B) an explanation by the credible witness as to
26        how he or she knows the person for whom the electronic



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1        notarial act is being performed and how long he or she
2        has known the person.
3    (d) If otherwise required by law, an An electronic notary
4public shall keep a recording made pursuant to this Section
5for a period of not less than 7 years, regardless of whether
6the electronic notarial act was actually completed.
7    (e) An electronic notary public who performs an electronic
8notarial act for a principal by means of audio-video
9communication shall be located within the State of Illinois at
10the time the electronic notarial act is performed. The
11electronic notary public shall include a statement in the
12electronic notarial certificate to indicate that the
13electronic notarial act was performed by means of audio-video
14communication. The statement may also be included in the
15electronic notarial seal.
16    (f) An electronic notary public who performs an electronic
17notarial act for a principal by means of audio-video
18communication shall:
19        (1) be located within this State at the time the
20    electronic notarial act is performed;
21        (2) execute the electronic notarial act in a single
22    recorded session that complies with Section 6A-103;
23        (3) be satisfied that any electronic record that is
24    electronically signed, acknowledged, or otherwise
25    presented for electronic notarization by the principal is
26    the same record electronically signed by the electronic



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1    notary;
2        (4) be satisfied that the quality of the audio-video
3    communication is sufficient to make the determination
4    required for the electronic notarial act under this Act
5    and any other law of this State; and
6        (5) identify the venue for the electronic notarial act
7    as the jurisdiction within Illinois where the notary is
8    physically located while performing the act.
9    (g) An electronic notarization system used to perform
10electronic notarial acts by means of audio-video communication
11shall conform to the requirements set forth in this Act and by
12administrative rules adopted by the Secretary of State.
13    (h) The provisions of Section 3-107 related respectively
14to security, inspection, copying, and disposition of the
15journal shall also apply to security, inspection, copying, and
16disposition of audio-video recordings required by this
18    (i) The Secretary of State shall adopt administrative
19rules to implement this Section.
20(Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for
21effective date of P.A. 102-160).)
22    Section 95. No acceleration or delay. Where this Act makes
23changes in a statute that is represented in this Act by text
24that is not yet or no longer in effect (for example, a Section
25represented by multiple versions), the use of that text does



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1not accelerate or delay the taking effect of (i) the changes
2made by this Act or (ii) provisions derived from any other
3Public Act.