Full Text of SB3443 100th General Assembly
SB3443sam001 100TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 4/30/2018
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| 1 | | AMENDMENT TO SENATE BILL 3443
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3443 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Notary Public Act is amended by | 5 | | changing Sections 2-102, 4-101, 6-104, 7-101, and 7-108 as | 6 | | follows:
| 7 | | (5 ILCS 312/2-102) (from Ch. 102, par. 202-102)
| 8 | | Sec. 2-102. Application. Every applicant for appointment | 9 | | and commission as a notary shall complete
an application in a | 10 | | format prescribed by the Secretary of State to be filed with
| 11 | | the Secretary of State, stating:
| 12 | | (a) the applicant's official name, as it appears on his | 13 | | or her current driver's license or state-issued | 14 | | identification card;
| 15 | | (b) the county in which the applicant resides
or, if | 16 | | the applicant is a resident of a state bordering Illinois, |
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| 1 | | the county
in Illinois in which that person's principal | 2 | | place of work or principal place
of business is located;
| 3 | | (c) the applicant's residence address, as it appears on | 4 | | his or her current driver's license or state-issued | 5 | | identification card , and business address, if any ;
| 6 | | (c-5) the applicant's business address if different | 7 | | than the applicant's residence address, if performing | 8 | | notarial acts constitutes any portion of the applicant's | 9 | | job duties; | 10 | | (d) that the applicant has resided in the State of | 11 | | Illinois for 30 days
preceding the application
or that the | 12 | | applicant who is a resident of a state bordering Illinois | 13 | | has
worked or maintained a business in Illinois for 30 days | 14 | | preceding the
application;
| 15 | | (e) that the applicant is a citizen of the United | 16 | | States or an alien
lawfully admitted for permanent | 17 | | residence in the United States;
| 18 | | (f) the applicant's date of birth;
| 19 | | (g) that the applicant is able to read and write the | 20 | | English language;
| 21 | | (h) that the applicant has never been the holder of a | 22 | | notary public appointment that was revoked or suspended
| 23 | | during the past 10 years;
| 24 | | (i) that the applicant has not been convicted of a | 25 | | felony;
| 26 | | (i-5) that the applicant's signature authorizes the |
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| 1 | | Office of the Secretary of State to conduct a verification | 2 | | to confirm the information provided in the application , | 3 | | including a criminal background check of the applicant, if | 4 | | necessary ; and | 5 | | (j) any other information the Secretary of State deems | 6 | | necessary.
| 7 | | (Source: P.A. 99-112, eff. 1-1-16 .)
| 8 | | (5 ILCS 312/4-101) (from Ch. 102, par. 204-101)
| 9 | | Sec. 4-101. Changes causing commission to cease to be in | 10 | | effect. When any notary public legally changes his or her name , | 11 | | changes his or her business address without notifying the Index | 12 | | Department of the Secretary of State in writing within 30 days | 13 | | thereof, or moves from the
county in which he or she was | 14 | | commissioned
or, if the notary public is a resident of a state | 15 | | bordering Illinois, no
longer maintains a principal place of | 16 | | work or principal place of business in
the same county in | 17 | | Illinois in which he or she was commissioned, the
commission of | 18 | | that notary
ceases to be in effect . When the commission of a | 19 | | notary public ceases to be in effect, his or her notarial seal | 20 | | shall and should be surrendered returned to the Secretary of | 21 | | State , and his or her certificate of notarial commission shall | 22 | | be destroyed .
These individuals who desire to again become a | 23 | | notary public must file a new
application, bond, and oath with | 24 | | the Secretary of State.
| 25 | | (Source: P.A. 91-818, eff. 6-13-00.)
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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 | 4 | | signing
certificates other than that by which the notary was | 5 | | commissioned.
| 6 | | (b) A notary public shall not acknowledge any instrument in | 7 | | which the
notary's name appears as a party to the transaction.
| 8 | | (c) A notary public shall not affix his signature to a | 9 | | blank form of
affidavit or certificate of acknowledgment.
| 10 | | (d) A notary public shall not take the acknowledgment of or | 11 | | administer
an oath to any person whom the notary actually knows | 12 | | to have been adjudged
mentally ill by a court of competent | 13 | | jurisdiction and who has not been
restored to mental health as | 14 | | a matter of record.
| 15 | | (e) A notary public shall not take the acknowledgment of | 16 | | any person who
is blind until the notary has read the | 17 | | instrument to such person.
| 18 | | (f) A notary public shall not take the acknowledgment of | 19 | | any person who
does not speak or understand the English | 20 | | language, unless the nature and
effect of the instrument to be | 21 | | notarized is translated into a language
which the person does | 22 | | understand.
| 23 | | (g) A notary public shall not change anything in a written | 24 | | instrument
after it has been signed by anyone.
| 25 | | (h) No notary public shall be authorized to prepare any |
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| 1 | | legal
instrument, or fill in the blanks of an instrument, other | 2 | | than a notary
certificate; however, this prohibition shall not | 3 | | prohibit an attorney,
who is also a notary public, from | 4 | | performing notarial acts for any document
prepared by that | 5 | | attorney.
| 6 | | (i) If a notary public accepts or receives any money from | 7 | | any one to
whom an oath has been administered or on behalf of | 8 | | whom an acknowledgment
has been taken for the purpose of | 9 | | transmitting or forwarding such money to
another and willfully | 10 | | fails to transmit or forward such money promptly, the
notary is | 11 | | personally liable for any loss sustained because of such | 12 | | failure.
The person or persons damaged by such failure may | 13 | | bring an action to
recover damages, together with interest and | 14 | | reasonable attorney fees,
against such notary public or his | 15 | | bondsmen.
| 16 | | (j) A notary public shall not perform any notarial act when | 17 | | his or her commission is suspended or revoked, nor shall he or | 18 | | she fail to comply with any term of suspension which may be | 19 | | imposed for violation of this Section. | 20 | | (Source: P.A. 100-81, eff. 1-1-18 .)
| 21 | | (5 ILCS 312/7-101) (from Ch. 102, par. 207-101)
| 22 | | Sec. 7-101. Liability of Notary and Surety. A notary public | 23 | | and the surety on the notary's bond are liable to the
persons | 24 | | involved for all damages caused by the notary's official | 25 | | misconduct. Upon the filing of any claim against a notary |
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| 1 | | public, the entity that has issued the bond for the notary | 2 | | shall notify the Secretary of State of whether payment was made | 3 | | and the circumstances which led to the claim.
| 4 | | (Source: P.A. 84-322.)
| 5 | | (5 ILCS 312/7-108) (from Ch. 102, par. 207-108)
| 6 | | Sec. 7-108. Reprimand, Suspension, and Revocation of | 7 | | Commission. | 8 | | (a) The Secretary of State may revoke the commission of any | 9 | | notary public who,
during the current term of appointment:
| 10 | | (1) (a) submits an application for commission and | 11 | | appointment as a notary
public which contains substantial | 12 | | and material misstatement or omission of fact; or
| 13 | | (2) (b) is convicted of any felony , misdemeanors, | 14 | | including those defined in Part C, Articles 16, 17, 18, 19, | 15 | | and 21, and Part E, Articles 31, 32, and 33 of the Criminal | 16 | | Code of 2012, or official misconduct under this Act.
| 17 | | (b) Whenever the Secretary of State believes that a | 18 | | violation of this Article has occurred, he or she may | 19 | | investigate any such violation. The Secretary may also | 20 | | investigate possible violations of this Article upon a signed | 21 | | written complaint on a form designated by the Secretary. | 22 | | (c) A notary's failure to cooperate or respond to an | 23 | | investigation by the Secretary of State is a failure by the | 24 | | notary to fully and faithfully discharge the responsibilities | 25 | | and duties of a notary and shall result in suspension or |
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| 1 | | revocation of the notary's commission. | 2 | | (d) All written complaints which on their face appear to | 3 | | establish facts which, if proven true, would constitute an act | 4 | | of misrepresentation or fraud in notarization or on the part of | 5 | | the notary shall be investigated by the Secretary of State to | 6 | | determine whether cause exists to reprimand, suspend, or revoke | 7 | | the commission of the notary. | 8 | | (e) The Secretary of State may deliver a written official | 9 | | warning and reprimand to a notary, or may revoke or suspend a | 10 | | notary's commission, for any of the following: | 11 | | (1) a notary's official misconduct, as defined under | 12 | | Section 7-104; | 13 | | (2) any ground for which an application for appointment | 14 | | as a notary may be denied for failure to complete | 15 | | application requirements as provided under Section 2-102; | 16 | | (3) any prohibited act provided under Section 6-104; or | 17 | | (4) a violation of any provision of the general | 18 | | statutes. | 19 | | (f) After investigation and upon a determination by the | 20 | | Secretary of State that one or more prohibited acts has been | 21 | | performed in the notarization of a document, the Secretary | 22 | | shall, after considering the extent of the prohibited act and | 23 | | the degree of culpability of the notary, order one or more of | 24 | | the following courses of action: | 25 | | (1) issue a letter of warning to the notary, including | 26 | | the Secretary's findings; |
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| 1 | | (2) order suspension of the commission of the notary | 2 | | for a period of time designated by the Secretary; | 3 | | (3) order revocation of the commission of the notary; | 4 | | (4) refer the allegations to the appropriate State's | 5 | | Attorney's Office or the Attorney General for criminal | 6 | | investigation; or | 7 | | (5) refer the allegations to the Illinois Attorney | 8 | | Registration and Disciplinary Commission for disciplinary | 9 | | proceedings. | 10 | | (g) After a notary receives notice from the Secretary of | 11 | | State that his or her commission has been revoked, that notary | 12 | | shall immediately deliver his or her official seal to the | 13 | | Secretary. | 14 | | (h) A notary whose appointment has been revoked due to a | 15 | | violation of this Act shall not be eligible for a new | 16 | | commission as a notary public in this State for a period of at | 17 | | least 5 years from the date of the final revocation. | 18 | | (i) A notary may voluntarily resign from appointment by | 19 | | notifying the Secretary of State in writing of his or her | 20 | | intention to do so, and by physically returning his or her | 21 | | stamp to the Secretary. A voluntary resignation shall not stop | 22 | | or preclude any investigation into a notary's conduct, or | 23 | | prevent further suspension or revocation by the Secretary, who | 24 | | may pursue any such investigation to a conclusion and issue any | 25 | | finding. | 26 | | (j) Upon a determination by a sworn law enforcement officer |
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| 1 | | that the allegations raised by the complaint are founded, and | 2 | | the notary has received notice of suspension or revocation from | 3 | | the Secretary of State, the notary is entitled to an | 4 | | administrative hearing. | 5 | | (k) The Secretary of State shall adopt administrative | 6 | | hearing rules applicable to this Section that are consistent | 7 | | with the Illinois Administrative Procedure Act. | 8 | | (Source: P.A. 84-322 .)
| 9 | | Section 99. Effective date. This Act takes effect January | 10 | | 1, 2019.".
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