093_HB2429

 
                                     LRB093 10316 JAM 10570 b

 1        AN ACT concerning notarial acts.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois Notary Public Act is amended  by
 5    changing Sections 3-101, 3-104, and 6-102 as follows:

 6        (5 ILCS 312/3-101) (from Ch. 102, par. 203-101)
 7        Sec. 3-101.  Official seal and journal.
 8        (a)  Each   notary   public  shall,  upon  receiving  the
 9    commission from the county clerk, obtain an  official  rubber
10    stamp  seal  with  which  the  notary  shall authenticate his
11    official acts.  The  rubber  stamp  seal  shall  contain  the
12    following information:
13             (1)(a)  the words "Official Seal";
14             (2)(b)  the notary's official name;
15             (3)(c)  the   words   "Notary   Public",  "State  of
16        Illinois",   and   "My   commission   expires____________
17        (commission expiration date)"; and
18             (4)(d)  a  serrated  or  milled  edge  border  in  a
19        rectangular form not more than one inch in height by  two
20        and   one-half   inches   in   length   surrounding   the
21        information.
22        (b)  Each  notary  public  shall procure, keep, maintain,
23    protect, and provide for lawful  inspection  a  chronological
24    official journal of notarial acts that is a permanently bound
25    book  with  numbered  pages.  This  book shall be kept by the
26    notary public for at least 5 years after the date of its last
27    entry. However, a notary public who is either an attorney  at
28    law admitted to practice in this State or an employee of such
29    an  attorney  may  instead  of  a  journal  of  notarial acts
30    maintain a record of notarial acts  in  the  form  of  office
31    files  regularly  maintained for the attorney's law practice.
 
                            -2-      LRB093 10316 JAM 10570 b
 1    For every notarial act, the notary public shall record in the
 2    journal at the time of notarization:
 3             (1)  the date, time, and type of notarial act:
 4             (2)  the date and the type, title, or description of
 5        the document or proceeding:
 6             (3)  the signature or thumbprint, or  both,  printed
 7        name, and address of the signer:
 8             (4)  how identification of the signer was made and a
 9        description   of  the  particular  form  of  satisfactory
10        evidence; and
11             (5)  the fee charged for the act, if any.
12    (Source: P.A. 84-322.)

13        (5 ILCS 312/3-104) (from Ch. 102, par. 203-104)
14        Sec. 3-104.  Maximum Fee.
15        (a)  Except  as  provided  in  subsection  (b)  of   this
16    Section,  the  maximum  fee  in  this  State is $1.00 for any
17    notarial act performed.
18        (b)  Fees for a  notary  public,  agency,  or  any  other
19    person  who is not an attorney filling out legalization forms
20    or applications related to the Immigration Reform and Control
21    Act of 1986 shall be as follows:
22             (1)  $75 per person;
23             (2)  $75 per person up to 4  persons  per  immediate
24        family,   with  no  additional  charge  for  a  fifth  or
25        subsequent person where all persons are legally related;
26             (3)  $10  per  page  for  the   translation   of   a
27        non-English  language into English where such translation
28        is required for legalization forms;
29             (4)  $1 for notarizing; and
30             (5)  $3  to  execute  any  procedures  necessary  to
31        obtain  a  document  required  to  complete  legalization
32        forms.
33        Fees authorized under this subsection shall  not  include
 
                            -3-      LRB093 10316 JAM 10570 b
 1    application fees required to be submitted with a legalization
 2    application  in  conformity  with the Immigration and Control
 3    Act of 1986.
 4        Any person who violates the provisions of this subsection
 5    shall be guilty of a Class A misdemeanor for a first  offense
 6    and  a  Class  3  felony  for  a second or subsequent offense
 7    committed within 5 years of a  previous  conviction  for  the
 8    same offense.
 9        (c)  A  notary  public  shall  not charge a fee to United
10    States military veterans or to firefighters, police officers,
11    or sheriff's deputies for notarization of an application or a
12    claim for  a  pension,  allotment,  allowance,  compensation,
13    insurance  policy,  or any other benefit resulting from their
14    public service.
15        (d)  Upon his own information or upon  complaint  of  any
16    person,  the  Attorney  General  or  any State's Attorney, or
17    their designee, may maintain an action for injunctive  relief
18    in  the  court  against any notary public or any other person
19    who  violates  the  provisions  of  subsection  (b)  of  this
20    Section.  These remedies are  in  addition  to,  and  not  in
21    substitution for, other available remedies.
22        If  the Attorney General or any State's Attorney fails to
23    bring an action as provided pursuant to this  subsection  any
24    person  may  file a civil action to enforce the provisions of
25    this subsection and maintain an action for injunctive relief.
26    (Source: P.A. 85-593.)

27        (5 ILCS 312/6-102) (from Ch. 102, par. 206-102)
28        Sec. 6-102.  Notarial Acts.
29        (a)  In taking an acknowledgment, the notary public  must
30    determine,   either   from   personal   knowledge   or   from
31    satisfactory  evidence,  that the person appearing before the
32    notary and making the acknowledgment is the person whose true
33    signature is on the instrument.
 
                            -4-      LRB093 10316 JAM 10570 b
 1        (b)  In taking a verification upon oath  or  affirmation,
 2    the  notary  public  must  determine,  either  from  personal
 3    knowledge  or  from  satisfactory  evidence,  that the person
 4    appearing before the notary and making  the  verification  is
 5    the person whose true signature is on the statement verified.
 6        (c)  In  witnessing  or attesting a signature, the notary
 7    public must determine, either from personal knowledge or from
 8    satisfactory evidence, that the  signature  is  that  of  the
 9    person appearing before the notary and named therein.
10        (d)  A  notary  public  has  satisfactory evidence that a
11    person is the person whose true signature is on a document if
12    that person:
13             (1)  is personally known to the notary;
14             (2)  is identified upon the oath or affirmation of a
15        credible  witness   unaffected   by   the   document   or
16        transaction who is personally known to the notary and who
17        personally  knows  the person, or of 2 credible witnesses
18        unaffected  by  the  document  or  transaction  who  each
19        personally knows the  person  and  shows  to  the  notary
20        reliable identification documents; or
21             (3)  is   identified   on   the  basis  of  reliable
22        identification documents.
23        (e)  The following definitions apply to subsection (d):
24             (1)  "Personally known" means  familiarity  with  an
25        individual   resulting   from   interactions   with  that
26        individual over a period of  time  sufficient  to  ensure
27        beyond  a  reasonable  doubt  that the individual has the
28        identity claimed.
29             (2)  "Reliable identification  documents"  means  at
30        least  one  current document issued by a federal or state
31        government agency bearing the photographic image  of  the
32        individual's   face   and   signature   and   a  physical
33        description of the individual, though a properly  stamped
34        passport without a physical description is acceptable.
 
                            -5-      LRB093 10316 JAM 10570 b
 1    (Source: P.A. 84-322.)