State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]

91_SB1297eng

 
SB1297 Engrossed                               LRB9110123SMdv

 1        AN  ACT  to  amend  the  Illinois  Notary  Public  Act by
 2    changing Sections 2-101, 2-102, 2-106, 3-105, and 4-101.

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

 5        Section  5.  The Illinois Notary Public Act is amended by
 6    changing Sections 2-101, 2-102, 2-106, 3-105,  and  4-101  as
 7    follows:

 8        (5 ILCS 312/2-101) (from Ch. 102, par. 202-101)
 9        Sec.  2-101.   Appointment.  The  Secretary  of State may
10    appoint and commission as notaries public for a  4-year  four
11    year  term as many persons resident in a county in this State
12    as he deems necessary. The Secretary of State may appoint and
13    commission as notaries public for a  one-year  term  as  many
14    persons who are residents of a state bordering Illinois whose
15    place of work or business is within a county in this State as
16    the  Secretary  deems necessary, but only if the laws of that
17    state authorize residents of Illinois  to  be  appointed  and
18    commissioned as notaries public in that state.
19    (Source: P.A. 84-322.)

20        (5 ILCS 312/2-102) (from Ch. 102, par. 202-102)
21        Sec. 2-102.  Application. Every applicant for appointment
22    and commission as a notary shall complete an application form
23    furnished  by  the  Secretary  of  State to be filed with the
24    Secretary of State, stating:
25        (a)  the applicant's official name, which contains his or
26    her last name and at least the initial of the first name;
27        (b)  the county in which the applicant resides or, if the
28    applicant is a resident of a state  bordering  Illinois,  the
29    county  in Illinois in which that person's principal place of
30    work or principal place of business is located;
 
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 1        (c)  the  applicant's  residence  address  and   business
 2    address,  if  any,  or any address at which an applicant will
 3    use a notary public commission to receive fees;
 4        (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 has
 7    worked or maintained a  business  in  Illinois  for  30  days
 8    preceding the application;
 9        (e)  that the applicant is a citizen of the United States
10    or  an alien lawfully admitted for permanent residence in the
11    United States;
12        (f)  that the applicant is at least 18 years of age;
13        (g)  that the applicant is able to  read  and  write  the
14    English language;
15        (h)  that  during  the  past  10  years  the  applicant's
16    commission as notary (if any) has not been revoked;
17        (i)  that  the  applicant  has  not  been  convicted of a
18    felony; and
19        (j)  any other information the Secretary of  State  deems
20    necessary.
21    (Source: P.A. 85-593.)

22        (5 ILCS 312/2-106) (from Ch. 102, par. 202-106)
23        Sec.  2-106.   Appointment  Recorded by County Clerk. The
24    appointment of the applicant as a notary public  is  complete
25    when the commission is recorded with the county clerk.
26        The  Secretary  of  State  shall  forward the applicant's
27    commission to the county clerk of the  county  in  which  the
28    applicant  resides  or,  if  the applicant is a resident of a
29    state bordering Illinois, the county in Illinois in which the
30    applicant's principal place of work  or  principal  place  of
31    business  is  located. Upon receipt thereof, the county clerk
32    shall notify  the  applicant  of  the  action  taken  by  the
33    Secretary  of State, and the applicant shall either appear at
 
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 1    the county clerk's  office to record the same and receive the
 2    commission or request by mail to have the commission sent  to
 3    the  applicant  with  a  specimen  signature of the applicant
 4    attached to the request. The applicant shall have a record of
 5    the appointment,  and  the  time  when  the  commission  will
 6    expire,  entered  in  the records of the office of the county
 7    clerk. When the applicant appears before  the  county  clerk,
 8    the applicant shall pay a fee of $5, at which time the county
 9    clerk shall then deliver the commission to the applicant.
10        If  the  appointment  is completed by mail, the applicant
11    shall pay the county clerk a fee of $10.00,  which  shall  be
12    submitted  with  the  request to the county clerk. The county
13    clerk  shall  then  record  the  appointment  and  send   the
14    commission by mail to the applicant.
15        If  an  applicant does not respond to the notification by
16    the county clerk within 30 days, the county clerk shall again
17    notify the applicant that the county clerk has  received  the
18    applicant's  notary public commission issued by the Secretary
19    of State. The second notice shall  be  in  substantially  the
20    following form:
21        "The  records  of  this office indicate that you have not
22        picked up your notary public commission from  the  Office
23        of the County Clerk.
24        The  Illinois Notary Public Law requires you to appear in
25        person in the clerk's office, record your commission, and
26        pay a fee of $5.00 to the county clerk  or  request  that
27        your  commission  be  mailed to you. This request must be
28        accompanied by a specimen of your signature and a  $10.00
29        fee payable to the county clerk.
30        Your  appointment  as  a notary is not complete until the
31        commission   is   recorded   with   the   county   clerk.
32        Furthermore, if you do not  make  arrangements  with  the
33        clerk  for  recording  and  delivery  of  your commission
34        within 30 days from the date of this letter,  the  county
 
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 1        clerk  will  return  your  commission to the Secretary of
 2        State. Your commission will be cancelled  and  your  name
 3        will be removed from the list of notaries in the State of
 4        Illinois.
 5        I  should  also  like  to  remind you that any person who
 6        attests to any document as a notary and is not  a  notary
 7        in  good  standing  with  the  Office of the Secretary of
 8        State is guilty of official misconduct and may be subject
 9        to a fine or imprisonment".
10        The Secretary of State shall  cancel the  appointment  of
11    all  notaries whose commissions are returned to his office by
12    the county clerks. No application fee will be refunded and no
13    bonding company  is  required  to  issue  a  refund  when  an
14    appointment is cancelled.
15    (Source: P.A. 84-322.)

16        (5 ILCS 312/3-105) (from Ch. 102, par. 203-105)
17        Sec.  3-105.   Authority.  A  notary  public  shall  have
18    authority  to  perform  notarial acts throughout the State so
19    long as the notary resides in the same county  in  which  the
20    notary  was commissioned or, if the notary is a resident of a
21    state bordering Illinois, so long as the  notary's  principal
22    place  of  work or principal place of business is in the same
23    county in Illinois in which the notary was commissioned.
24    (Source: P.A. 84-322.)

25        (5 ILCS 312/4-101) (from Ch. 102, par. 204-101)
26        Sec. 4-101.  Changes causing commission to cease to be in
27    effect Change of Name or Move from County.  When  any  notary
28    public  legally  changes  his  or  her name or moves from the
29    county in which he or she was commissioned or, if the  notary
30    public is a resident of a state bordering Illinois, no longer
31    maintains  a  principal  place  of work or principal place of
32    business in the same county in Illinois in which  he  or  she
 
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 1    was  commissioned,  the commission ceases to be in effect and
 2    should  be  returned  to  the  Secretary  of   State.   These
 3    individuals  who  desire to again become a notary public must
 4    file a new application, bond, and oath with the Secretary  of
 5    State.
 6    (Source: P.A. 85-1209.)

 7        Section  99.  Effective date.  This Act takes effect upon
 8    becoming law.

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