SB1219 98TH GENERAL ASSEMBLY

LRB098 06750 JDS 36798 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1219

Introduced 1/30/2013, by Sen. Patricia Van Pelt

SYNOPSIS AS INTRODUCED:

5 ILCS 312/2-102	from Ch. 102, par. 202-102
5 ILCS 312/2-104	from Ch. 102, par. 202-104
5 ILCS 312/3-101	from Ch. 102, par. 203-101
5 ILCS 312/6-102	from Ch. 102, par. 206-102

Amends the Illinois Notary Public Act. Provides that if the Secretary of State implements an electronic application system for the appointment of notaries public, then each applicant for appointment as a notary public shall use that system to apply for appointment as a notary public. Authorizes persons making an electronic application for appointment as a notary public to sign and verify electronically the oath that is required of all notaries public. Repeals a provision that would have terminated, as of July 1, 2013, the requirement that a notary public officially sign, at the time of a notarial act, every notary certificate and affix the rubber stamp seal clearly and legibly using black ink, so that it is capable of photographic reproduction. Provides that identification documents are documents that are valid at the time of the notarial act, issued by a state agency, federal government agency, or consulate, and bearing the photographic image of the individual's face and signature of the individual (now, the definition of that term is scheduled to be repealed on July 1, 2013). Effective June 30, 2013.

A BILL FOR

AN ACT concerning government.

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

Section 5. The Illinois Notary Public Act is amended by changing Sections 2-102, 2-104, 3-101, and 6-102 as follows:

(5 ILCS 312/2-102) (from Ch. 102, par. 202-102)

Sec. 2-102. Application. Every applicant for appointment and commission as a notary shall complete an application form furnished by the Secretary of State to be filed with the Secretary of State. Upon implementation by the Secretary of State of an electronic application system for appointment and commission as a notary public, each applicant for appointment and commission as a notary public shall use that system in order to apply for appointment and commission as a notary public. The filing of an electronic application for appointment and commission as a notary public shall be the equivalent of the filing of a verified, written application for appointment and commission as a notary public, and an applicant's electronic signature shall be considered the equivalent of the applicant's written signature and verified oath, as described in Section 2-104 of this Act. Whether making a written or an electronic application for appointment and commission as a notary public, each applicant shall, in his or her application, state , stating:

(a) the applicant's official name, which contains his or her last name and at least the initial of the first name;

(b) the county in which the applicant resides or, if the applicant is a resident of a state bordering Illinois, the county in Illinois in which that person's principal place of work or principal place of business is located;

(c) the applicant's residence address and business address, if any, or any address at which an applicant will use a notary public commission to receive fees;

(d) that the applicant has resided in the State of Illinois for 30 days preceding the application or that the applicant who is a resident of a state bordering Illinois has worked or maintained a business in Illinois for 30 days preceding the application;

(e) that the applicant is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States;

(f) that the applicant is at least 18 years of age;

(g) that the applicant is able to read and write the English language;

(h) that the applicant has never been the holder of a notary public appointment that was revoked or suspended during the past 10 years;

(i) that the applicant has not been convicted of a felony; and

(j) any other information the Secretary of State deems necessary.

(Source: P.A. 93-1001, eff. 8-23-04.)

(5 ILCS 312/2-104) (from Ch. 102, par. 202-104)

Sec. 2-104. Oath. Every applicant making a written application for appointment and commission as a notary public shall take the following oath in the presence of a person qualified to administer an oath in this State, and every applicant making an electronic application for appointment and commission as a notary public shall electronically sign and verify the following statement under oath pursuant to Section 1-109 of the Code of Civil Procedure:

"I, (name of applicant), solemnly affirm, under the penalty of perjury, that the answers to all questions in this application are true, complete, and correct; that I have carefully read the notary law of this State; and that, if appointed and commissioned as a notary public, I will perform faithfully, to the best of my ability, all notarial acts in accordance with the law.

................. (Signature of applicant)

Subscribed and affirmed before me on (insert date).

................... (Official signature and official seal of notary)".

(Source: P.A. 91-357, eff. 7-29-99.)

(5 ILCS 312/3-101) (from Ch. 102, par. 203-101)

Sec. 3-101. Official Seal and Signature.

(a) Each notary public shall, upon receiving the commission from the county clerk, obtain an official rubber stamp seal with which the notary shall authenticate his official acts. The rubber stamp seal shall contain the following information:

(1) the words "Official Seal";

(2) the notary's official name;

(3) the words "Notary Public", "State of Illinois", and "My commission expires____________(commission expiration date)"; and

(4) a serrated or milled edge border in a rectangular form not more than one inch in height by two and one-half inches in length surrounding the information.

(b) At the time of the notarial act, a notary public shall officially sign every notary certificate and affix the rubber stamp seal clearly and legibly using black ink, so that it is capable of photographic reproduction. The illegibility of any of the information required by this Section does not affect the validity of a transaction.

This subsection does not apply on or after July 1, 2013.

(Source: P.A. 95-988, eff. 6-1-09.)

(5 ILCS 312/6-102) (from Ch. 102, par. 206-102)

Sec. 6-102. Notarial Acts.

(a) In taking an acknowledgment, the notary public must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the notary and making the acknowledgment is the person whose true signature is on the instrument.

(b) In taking a verification upon oath or affirmation, the notary public must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the notary and making the verification is the person whose true signature is on the statement verified.

(c) In witnessing or attesting a signature, the notary public must determine, either from personal knowledge or from satisfactory evidence, that the signature is that of the person appearing before the notary and named therein.

(d) A notary public has satisfactory evidence that a person is the person whose true signature is on a document if that person:

(1) is personally known to the notary;

(2) is identified upon the oath or affirmation of a credible witness personally known to the notary; or

(3) is identified on the basis of identification documents. Identification Until July 1, 2013, identification documents are documents that are valid at the time of the notarial act, issued by a state agency, federal government agency, or consulate, and bearing the photographic image of the individual's face and signature of the individual.

(Source: P.A. 97-397, eff. 1-1-12.)

Section 99. Effective date. This Act takes effect June 30, 2013.