Full Text of HB4958 94th General Assembly
HB4958ham001 94TH GENERAL ASSEMBLY
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Judiciary I - Civil Law Committee
Filed: 2/15/2006
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| AMENDMENT TO HOUSE BILL 4958
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| AMENDMENT NO. ______. Amend House Bill 4958 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Notary Public Act is amended by | 5 |
| changing Sections 1-104, 2-102, 2-103, 2-105, 3-101, 3-102, | 6 |
| 3-104, 6-101, 6-102, 6-104, 7-105, 7-106, 7-107, 7-108, and | 7 |
| 7-109 and by adding Section 2-107 as follows:
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| (5 ILCS 312/1-104) (from Ch. 102, par. 201-104)
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| Sec. 1-104. Notary Public and Notarization Defined. | 10 |
| (a) The terms "notary public" and "notary" are used | 11 |
| interchangeably to
mean any individual appointed and | 12 |
| commissioned to perform notarial acts.
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| (b) "Notarial act" and "notarization" mean any
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| "Notarization" means the performance of a notarial act that a | 15 |
| notary is empowered to perform under this Act .
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| (c) "Accredited immigration representative" means a | 17 |
| not-for-profit organization recognized by the Board of | 18 |
| Immigration Appeals under 8 C.F.R. 292.2(a) and employees of | 19 |
| those organizations accredited under 8 C.F.R. 292.2(d).
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| (Source: P.A. 93-1001, eff. 8-23-04.)
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| (5 ILCS 312/2-102) (from Ch. 102, par. 202-102)
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| Sec. 2-102. Application , course of study, examination, | 23 |
| fingerprints .
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| (a) Every applicant for appointment and commission as a | 2 |
| notary shall complete
an application form furnished by the | 3 |
| Secretary of State to be filed with
the Secretary of State, | 4 |
| stating:
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| (1)
(a) the applicant's official name, which contains | 6 |
| his or her last name
and at least the initial of the first | 7 |
| name;
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| (2)
(b) the county in which the applicant resides
or, | 9 |
| if the applicant is a resident of a state bordering | 10 |
| Illinois, the county
in Illinois in which that person's | 11 |
| principal place of work or principal place
of business is | 12 |
| located;
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| (3)
(c) the applicant's residence address and business | 14 |
| address, if any, or
any address at which an applicant will | 15 |
| use a notary public commission to
receive fees;
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| (4) (d) that the applicant has resided in the State of | 17 |
| Illinois for 30 days
preceding the application
or that the | 18 |
| applicant who is a resident of a state bordering Illinois | 19 |
| has
worked or maintained a business in Illinois for 30 days | 20 |
| preceding the
application;
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| (5) (e) that the applicant is a citizen of the United | 22 |
| States or an alien
lawfully admitted for permanent | 23 |
| residence in the United States;
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| (6) (f) that the applicant is at least 18 years of age;
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| (7) (g) that the applicant is able to read and write the | 26 |
| English language;
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| (8) (h) that the applicant has never been the holder of | 28 |
| a notary public appointment that was revoked or suspended
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| in Illinois or any other state or jurisdiction of the | 30 |
| United States during the past 10 years;
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| (9) (i) that the applicant has not been convicted of a | 32 |
| felony or any crime involving dishonesty, but in no case | 33 |
| may a commission be issued to the applicant within 10 years | 34 |
| after the conviction or plea ; and
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| (10) that the applicant's application for appointment | 2 |
| and commission as a notary public contains no material | 3 |
| misstatement or omission of fact;
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| (11) that the applicant has not been found liable in a | 5 |
| civil lawsuit based on the applicant's deceit; revocation, | 6 |
| suspension, restriction, or denial of a notarial | 7 |
| commission or professional license by this or any other | 8 |
| state or nation, but in no case may a commission be issued | 9 |
| to the applicant within 5 years after that disciplinary | 10 |
| action; or an official finding that the applicant had | 11 |
| engaged in official misconduct, whether or not | 12 |
| disciplinary action resulted; and
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| (12)
(j) any other information the Secretary of State | 14 |
| deems necessary.
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| (b) Prior to granting an appointment as a notary public, | 16 |
| the Secretary of State shall determine that the applicant | 17 |
| possesses the required honesty, credibility, truthfulness, and | 18 |
| integrity to fulfill the responsibilities of the position. To | 19 |
| assist in determining the identity of the applicant and whether | 20 |
| the applicant has been convicted of a disqualifying crime, the | 21 |
| Secretary of State shall require that applicants be | 22 |
| fingerprinted and a criminal background check be conducted.
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| (c) For appointments made on or after the effective date of | 24 |
| this amendatory Act of the 94th General Assembly, every | 25 |
| applicant for appointment and commission or recommission as a | 26 |
| notary shall have satisfactorily completed a course of up to 6 | 27 |
| hours of study approved by the Secretary of State concerning | 28 |
| the functions and duties of a notary public. The Secretary of | 29 |
| State shall promulgate rules for administering this Section.
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| (d) For appointments made on or after the effective date of | 31 |
| this amendatory Act of the 94th General Assembly, every | 32 |
| applicant for appointment and commission or recommission as a | 33 |
| notary shall have satisfactorily completed a written | 34 |
| examination prescribed by the Secretary of State to determine |
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| the fitness of the person to exercise the functions and duties | 2 |
| of the office of notary public. All questions shall be based on | 3 |
| the law of this State as set forth in the booklet of the laws of | 4 |
| Illinois relating to notaries public distributed by the | 5 |
| Secretary of State.
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| (Source: P.A. 93-1001, eff. 8-23-04.)
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| (5 ILCS 312/2-103) (from Ch. 102, par. 202-103)
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| Sec. 2-103. Appointment Fee. Every applicant for | 9 |
| appointment and commission as a notary public shall
pay to the | 10 |
| Secretary of State a fee of $20, $10 of which shall be | 11 |
| deposited into the Notary Public Education and Testing Fund, a | 12 |
| special fund created in the State treasury for that purpose
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| $10 .
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| (Source: P.A. 85-1396.)
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| (5 ILCS 312/2-105) (from Ch. 102, par. 202-105)
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| Sec. 2-105. Bond. Every application for appointment and | 17 |
| commission as a notary public shall
be accompanied by an | 18 |
| executed bond commencing on the date of the appointment
with a | 19 |
| term of 4 years, in the sum of $15,000
$5,000 , with, as surety | 20 |
| thereon, a
company qualified to write surety bonds in this | 21 |
| State. The bond shall be
conditioned upon the faithful | 22 |
| performance of all notarial acts in
accordance with this Act. | 23 |
| The Secretary of State may prescribe an official bond form. | 24 |
| Governmental entity notary applications submitted pursuant to | 25 |
| Section 2-107 of this Act by notaries authorized to perform | 26 |
| notarizations solely for their government employer shall be | 27 |
| accompanied by an executed bond commencing on the date of the | 28 |
| appointment with a term of 4 years, in the sum of $5,000, with, | 29 |
| as surety thereon, a company qualified to write surety bonds in | 30 |
| this State.
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| (Source: P.A. 84-322.)
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| (5 ILCS 312/2-107 new)
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| Sec. 2-107. State, county, municipal, and school district | 3 |
| employees. The Secretary of State may appoint and commission | 4 |
| the number of State, county, municipal, and school district | 5 |
| employees as notaries public to act for and on behalf of the | 6 |
| governmental entity for which appointed as the Secretary of | 7 |
| State deems proper. Whenever a notary is so appointed and | 8 |
| commissioned, a duly authorized representative of the | 9 |
| employing governmental entity shall execute a certificate that | 10 |
| the appointment is made solely for the purposes of the | 11 |
| employing governmental entity. Whenever the certificate is | 12 |
| filed with any State or county officer, no fees shall be | 13 |
| charged by the officer for the filing or issuance of any | 14 |
| document in connection with the appointment. | 15 |
| The State or any county, municipality, or school district | 16 |
| for which the notary public is appointed and commissioned | 17 |
| pursuant to this Section may pay from any funds available for | 18 |
| its support the fees and costs associated with the required | 19 |
| course of study and examination, the premiums on any bond, and | 20 |
| the cost of any stamps, seals, or other supplies required in | 21 |
| connection with the appointment, commission, or performance of | 22 |
| the duties of the notary public.
Any fees collected or obtained | 23 |
| by any notary public whose documents have been filed without | 24 |
| charge or for whom bond premiums have been paid by the employer | 25 |
| of the notary public shall be remitted by the notary public to | 26 |
| the employing entity, which shall deposit the funds to the | 27 |
| credit of the fund from which the salary of the notary public | 28 |
| is paid.
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| (5 ILCS 312/3-101) (from Ch. 102, par. 203-101)
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| Sec. 3-101. Official Seal and Signature .
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| (a) Each notary public shall, upon receiving the commission | 32 |
| from the county
clerk, obtain an official rubber stamp seal | 33 |
| with which the notary shall
authenticate his official acts. The |
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| rubber stamp seal shall contain the
following information:
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| (1)
(a) the words "Official Seal";
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| (2)
(b) the notary's official name;
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| (3)
(c) the words "Notary Public", "State of Illinois", | 5 |
| and "My commission
expires____________(commission | 6 |
| expiration date)"; and
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| (4)
(d) a serrated or milled edge border in a | 8 |
| rectangular form not more than
one inch in height by two | 9 |
| and one-half inches in length surrounding the information.
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| (b) At the time of notarization, a notary public shall | 11 |
| officially sign every notary certificate clearly and legibly | 12 |
| using black ink, so that it is capable of photographic | 13 |
| reproduction. The illegibility of any of the information | 14 |
| required by this Section does not affect the validity of a | 15 |
| transaction. | 16 |
| (c) At the time of notarization, a notary public shall | 17 |
| affix the rubber stamp seal clearly and legibly using black | 18 |
| ink, so that it is capable of photographic reproduction. The | 19 |
| illegibility of any of the information required by this Section | 20 |
| does not affect the validity of a transaction. | 21 |
| (d) The seal shall be kept in a locked and secured area, | 22 |
| under the direct and exclusive control of the notary. Failure | 23 |
| to secure the seal shall be cause for the Secretary of State to | 24 |
| take administrative action against the commission held by the | 25 |
| notary public. | 26 |
| (e) The official seal of a notary public is the exclusive | 27 |
| property of that notary public and shall not be surrendered to | 28 |
| an employer upon the termination of employment, whether or not | 29 |
| the employer paid for the seal, or to any other person. The | 30 |
| notary, or his or her representative, shall destroy or deface | 31 |
| the seal upon termination, resignation, or revocation of the | 32 |
| notary's commission. | 33 |
| (f) No notary seal shall be manufactured, duplicated, sold, | 34 |
| or offered for sale unless authorized by the Secretary of |
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| State. | 2 |
| (1) The Secretary of State shall develop and implement | 3 |
| procedures and guidelines for the issuance of notary seals. | 4 |
| (2) The Secretary of State shall issue a permit with a | 5 |
| sequential identification number to each manufacturer or | 6 |
| vendor authorized to issue notary seals. The Secretary of | 7 |
| State may establish a fee for the issuance of the permit | 8 |
| which shall not exceed the actual costs of issuing the | 9 |
| permit. | 10 |
| (3) The Secretary of State shall develop a certificate | 11 |
| of authorization, with a unique number, to purchase a | 12 |
| notary stamp from an authorized vendor. | 13 |
| (4) The certificate of authorization shall be designed | 14 |
| to prevent forgeries and shall contain a unique | 15 |
| identification number.
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| (Source: P.A. 84-322.)
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| (5 ILCS 312/3-102) (from Ch. 102, par. 203-102)
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| Sec. 3-102. Official journal
Official Signature .
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| (a) A notary public shall keep one active sequential | 20 |
| journal at a time of all official acts performed as a notary | 21 |
| public. The journal may be a permanently bound book or | 22 |
| electronic device that satisfies the requirements of this | 23 |
| Section. | 24 |
| (b) No permanently bound or electronic journal shall be | 25 |
| manufactured, sold, or offered for sale unless authorized by | 26 |
| the Secretary of State. The Secretary of State shall develop | 27 |
| and implement procedures and guidelines for notary journals.
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| (c) The journal shall be kept in a locked and secured area, | 29 |
| under the direct and exclusive control of the notary. Failure | 30 |
| to secure the journal shall be cause for the Secretary of State | 31 |
| to take administrative action against the commission held by | 32 |
| the notary. | 33 |
| (d) The journal shall include all of the following for each |
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| notarial act performed: | 2 |
| (1) Date, time, and type of each official act. | 3 |
| (2) Type, title, or a description of the document. | 4 |
| (3) The signature of each person whose signature is | 5 |
| being notarized. | 6 |
| (4) A statement as to whether the identity of a person | 7 |
| requesting a notarial act was based on personal knowledge | 8 |
| or satisfactory evidence. If identity was established by | 9 |
| satisfactory evidence, then the journal shall contain the | 10 |
| signature of the credible witness swearing or affirming to | 11 |
| the identity of the individual or the type of identifying | 12 |
| document, the governmental agency issuing the document, | 13 |
| the serial or identifying number of the document, and the | 14 |
| date of issue or expiration of the document. | 15 |
| (5) If the identity of the person requesting a notarial | 16 |
| act was established by the oaths or affirmations of 2 | 17 |
| credible witnesses whose identities are proven upon the | 18 |
| presentation of satisfactory evidence, the type of | 19 |
| identifying documents, the identifying numbers of the | 20 |
| documents, and the dates of issuance or expiration of the | 21 |
| documents presented by the witnesses to establish their | 22 |
| identity. | 23 |
| (6) The fee charged for the notarial service. | 24 |
| (7) If the document to be notarized is a deed, deed of | 25 |
| trust, or mortgage affecting real property, the notary | 26 |
| public shall require the party signing the document to | 27 |
| place his or her right thumbprint in the journal. If the | 28 |
| right thumbprint is not available, then the notary shall | 29 |
| have the party use his or her left thumb, or any available | 30 |
| finger, and shall so indicate in the journal. If the party | 31 |
| signing the document is physically unable to provide a | 32 |
| thumbprint or fingerprint, the notary shall so indicate in | 33 |
| the journal and shall also provide an explanation of that | 34 |
| physical condition. |
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| (e) If a sequential journal of official acts performed by a | 2 |
| notary public is stolen, lost, misplaced, destroyed, damaged, | 3 |
| or otherwise rendered unusable as a record of notarial acts and | 4 |
| information, the notary public shall immediately notify the | 5 |
| Secretary of State by certified or registered mail. The | 6 |
| notification shall include the period of the journal entries, | 7 |
| the expiration date of the notary's commission, and, when | 8 |
| applicable, a photocopy of any police report that specifies the | 9 |
| theft of the sequential journal of official acts. | 10 |
| (f) Upon written request of any member of the public, which | 11 |
| request shall include the name of the parties, the type of | 12 |
| document, and the month and year in which notarized, the notary | 13 |
| shall supply a photostatic copy of the line item representing | 14 |
| the requested transaction at a cost of not more than $0.30 per | 15 |
| page. | 16 |
| (g) The journal may be examined without restriction only by | 17 |
| a law enforcement officer in the course of an official | 18 |
| investigation, subpoenaed by court order, or surrendered at the | 19 |
| direction of the Secretary of State. | 20 |
| (h) The journal of notarial acts of a notary public is the | 21 |
| exclusive property of that notary public and shall not be | 22 |
| surrendered to an employer upon termination of employment, | 23 |
| whether or not the employer paid for the journal, or at any | 24 |
| other time. A notary public who is an employee shall permit | 25 |
| inspection and copying of journal transactions only by a duly | 26 |
| designated auditor or agent of the notary public's employer, | 27 |
| provided that the inspection and copying are done in the | 28 |
| presence of the notary public and the transactions are directly | 29 |
| associated with the business purposes of the employer. The | 30 |
| notary public, upon the request of the employer, shall | 31 |
| regularly provide copies of all transactions that are directly | 32 |
| associated with the business purposes of the employer but shall | 33 |
| not be required to provide copies of any transaction that is | 34 |
| unrelated to the employer's business. Confidentiality and |
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| safekeeping of any copies of the journal provided to the | 2 |
| employer shall be the responsibility of that employer. | 3 |
| (i) A notary shall safeguard the journal and all other | 4 |
| notarial records for 7 years and surrender or destroy them only | 5 |
| by rule of law, by court order, or at the direction of the | 6 |
| Secretary of State. | 7 |
| (j) Upon resignation, revocation, or expiration of a notary | 8 |
| commission, or death of the notary, the journal and notarial | 9 |
| records shall be delivered to the office designated by the | 10 |
| Secretary of State.
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| At the time of notarization, a notary public shall officially | 12 |
| sign every
notary certificate and affix the rubber stamp seal | 13 |
| clearly and legibly
using black ink, so that it is capable of | 14 |
| photographic reproduction. The
illegibility of any of the | 15 |
| information required by this Section does not
affect the | 16 |
| validity of a transaction.
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| (Source: P.A. 84-322.)
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| (5 ILCS 312/3-104) (from Ch. 102, par. 203-104)
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| Sec. 3-104. Maximum Fee. | 20 |
| (a) Except as provided in
subsection (b) of this Section, | 21 |
| the maximum
fee in this State is $10
$1.00 for any notarial act | 22 |
| performed.
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| (b) Fees for a notary public, agency, or any other person | 24 |
| who is not
an attorney or an accredited representative filling | 25 |
| out immigration forms shall be limited to the following:
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| (1) $10 per form completion;
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| (2) $10 per page for the translation of a non-English | 28 |
| language into English where such translation is required | 29 |
| for immigration forms;
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| (3) $10
$1 for notarizing;
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| (4) $3 to execute any procedures necessary to obtain a | 32 |
| document required to complete immigration forms; and
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| (5) A maximum of $75 for one complete application.
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| Fees authorized under this subsection shall not include | 2 |
| application fees
required to be submitted with immigration | 3 |
| applications.
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| 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 same | 8 |
| offense.
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| (c) Upon his own information or upon complaint of any | 10 |
| person, the
Attorney General or any State's Attorney, or their | 11 |
| designee, may maintain
an action for injunctive relief in the | 12 |
| court against any notary public or
any other person who
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| violates the provisions of subsection (b) of this Section. | 14 |
| These
remedies are in addition to, and not in substitution for, | 15 |
| other available remedies.
| 16 |
| If the Attorney General or any State's Attorney fails to | 17 |
| bring an action
as provided pursuant to this subsection within | 18 |
| 90 days of receipt of a complaint, any person may file a civil
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| action to enforce the provisions of this subsection and | 20 |
| maintain an action
for injunctive relief.
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| (d) All notaries public must provide receipts and keep | 22 |
| records for fees accepted for services provided. Failure to | 23 |
| provide receipts and keep records that can be presented as | 24 |
| evidence of no wrongdoing shall be construed as a presumptive | 25 |
| admission of allegations raised in complaints against the | 26 |
| notary for violations related to accepting prohibited fees.
| 27 |
| (Source: P.A. 93-1001, eff. 8-23-04.)
| 28 |
| (5 ILCS 312/6-101) (from Ch. 102, par. 206-101)
| 29 |
| Sec. 6-101. Definitions. (a) "Notarial act" means any act | 30 |
| that a notary public of this State is
authorized to perform and | 31 |
| includes taking an acknowledgment, administering
an oath or | 32 |
| affirmation, taking a verification upon oath or affirmation, | 33 |
| and
witnessing or attesting a signature.
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| (b) "Acknowledgment" means a declaration by a person to a | 2 |
| notary in the notary's presence that the person
has voluntarily
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| executed an instrument for the purposes stated therein and, if | 4 |
| the
instrument is executed in a representative capacity, that | 5 |
| the person signed
the instrument with proper authority and | 6 |
| executed it as the act of the
person or entity represented and | 7 |
| identified therein.
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| (c) "Verification upon oath or affirmation" means a | 9 |
| declaration to a notary in the notary's presence that a
| 10 |
| statement is true made by a person upon oath or affirmation.
| 11 |
| (d) "Witnessing or attesting a signature" means a notarial | 12 |
| act in which a person signs a document in the presence of a | 13 |
| notary.
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| (e)
(d) "In a representative capacity" means:
| 15 |
| (1) for and on behalf of a corporation, partnership, trust, | 16 |
| or other
entity, as an authorized officer, agent, partner, | 17 |
| trustee, or other representative;
| 18 |
| (2) as a public officer, personal representative, | 19 |
| guardian, or other
representative, in the capacity recited in | 20 |
| the instrument;
| 21 |
| (3) as an attorney in fact for a principal; or
| 22 |
| (4) in any other capacity as an authorized representative | 23 |
| of another.
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| (Source: P.A. 84-322.)
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| (5 ILCS 312/6-102) (from Ch. 102, par. 206-102)
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| Sec. 6-102. Notarial Acts. (a) In taking an acknowledgment, | 27 |
| the notary public must determine,
either from personal | 28 |
| knowledge or from satisfactory evidence, that the
person | 29 |
| appearing before the notary and making the acknowledgment is | 30 |
| the
person whose true signature is on the instrument.
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| (b) In taking a verification upon oath or affirmation, the | 32 |
| notary
public must determine, either from personal knowledge or | 33 |
| from satisfactory
evidence, that the person appearing before |
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| the notary and making the
verification is the person whose true | 2 |
| signature is on the statement verified.
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| (c) In witnessing or attesting a signature, the notary | 4 |
| public must
determine, either from personal knowledge or from | 5 |
| satisfactory evidence,
that the signature is that of the person | 6 |
| appearing before the notary and named therein.
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| (d) A notary public has satisfactory evidence that a person | 8 |
| is the
person whose true signature is on a document if that | 9 |
| person:
| 10 |
| (1) is personally known to the notary;
| 11 |
| (2) is identified upon the oath or affirmation of (i) an | 12 |
| honest, reliable, impartial, and
a credible witness
who | 13 |
| personally knows the individual appearing before a notary and | 14 |
| who is personally known to the notary or (ii) 2 credible | 15 |
| witnesses who each shows to the notary documentary | 16 |
| identification described in paragraph (3) of this subsection ; | 17 |
| or
| 18 |
| (3) is identified on the basis of at least one current
| 19 |
| identification document issued by a federal, State, or tribal | 20 |
| government agency bearing the photographic image of the | 21 |
| individual's face and signature and a physical description of | 22 |
| the individual, though a properly stamped passport without a | 23 |
| physical description is acceptable
documents .
| 24 |
| (e) A notary may certify the affixation of a signature by | 25 |
| mark on a document presented for notarization if: | 26 |
| (1) the mark is affixed in the presence of the notary | 27 |
| and of 2 witnesses unaffected by the document; | 28 |
| (2) both witnesses sign their own names beside the | 29 |
| mark; | 30 |
| (3) the notary writes below the mark: "Mark affixed by | 31 |
| (name of signer by mark) in presence of (names and | 32 |
| addresses of witnesses) and undersigned notary under | 33 |
| Section 6-102 of the Illinois Notary Public Act"; and | 34 |
| (4) the notary notarizes the signature by mark through |
|
|
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| 1 |
| an acknowledgment, verification upon oath or affirmation, | 2 |
| or signature witnessing. | 3 |
| (Source: P.A. 84-322.)
| 4 |
| (5 ILCS 312/6-104) (from Ch. 102, par. 206-104)
| 5 |
| Sec. 6-104. Acts Prohibited. (a) A notary public shall not | 6 |
| use any name or initial in signing
certificates other than that | 7 |
| by which the notary was commissioned.
| 8 |
| (b) A notary public shall not acknowledge any instrument in | 9 |
| which the
notary's name appears as a party to the transaction.
| 10 |
| (c) A notary public shall not affix his signature to a | 11 |
| blank form of
affidavit or certificate of acknowledgment and | 12 |
| deliver that form to another
person with intent that it be used | 13 |
| as an affidavit or acknowledgment.
| 14 |
| (d) A notary public shall not take the acknowledgment of or | 15 |
| administer
an oath to any person whom the notary actually knows | 16 |
| to have been adjudged
mentally ill by a court of competent | 17 |
| jurisdiction and who has not been
restored to mental health as | 18 |
| a matter of record.
| 19 |
| (e) A notary public shall not take the acknowledgment of | 20 |
| any person who
is blind until the notary has read the | 21 |
| instrument to such person.
| 22 |
| (f) A notary public shall not take the acknowledgment of | 23 |
| any person who
does not speak or understand the English | 24 |
| language, unless the nature and
effect of the instrument to be | 25 |
| notarized is translated into a language
which the person does | 26 |
| understand.
| 27 |
| (g) A notary public shall not change anything in a written | 28 |
| instrument
after it has been signed by anyone.
| 29 |
| (h) No notary public shall be authorized to prepare any | 30 |
| legal
instrument, or fill in the blanks of an instrument, other | 31 |
| than a notary
certificate; however, this prohibition shall not | 32 |
| prohibit an attorney,
who is also a notary public, from | 33 |
| performing notarial acts for any document
prepared by that |
|
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| 1 |
| attorney.
| 2 |
| (i) If a notary public accepts or receives any money from | 3 |
| any one to
whom an oath has been administered or on behalf of | 4 |
| whom an acknowledgment
has been taken for the purpose of | 5 |
| transmitting or forwarding such money to
another and willfully | 6 |
| fails to transmit or forward such money promptly, the
notary is | 7 |
| personally liable for any loss sustained because of such | 8 |
| failure.
The person or persons damaged by such failure may | 9 |
| bring an action to
recover damages, together with interest and | 10 |
| reasonable attorney fees,
against such notary public or his | 11 |
| bondsmen.
| 12 |
| (j) A notary public shall not perform a notarial act if the | 13 |
| person requesting the act is not in the notary's presence at | 14 |
| the time of notarization. | 15 |
| (k) A notary public shall not perform a notarial act if the | 16 |
| person requesting the act shows a demeanor that causes the | 17 |
| notary to have a compelling doubt about whether the principal | 18 |
| knows the consequences of the transaction requiring a notarial | 19 |
| act. | 20 |
| (l) A notary public shall not perform a notarial act if the | 21 |
| person requesting the act, in
the notary's judgment, is not | 22 |
| acting of his or her own free will.
| 23 |
| (Source: P.A. 85-421.)
| 24 |
| (5 ILCS 312/7-105) (from Ch. 102, par. 207-105)
| 25 |
| Sec. 7-105. Official Misconduct. (a) A notary public who | 26 |
| knowingly and willfully commits any official
misconduct is | 27 |
| guilty of a Class 3 felony
A misdemeanor .
| 28 |
| (b) A notary public who recklessly or negligently commits | 29 |
| any official
misconduct is guilty of a Class A
B misdemeanor.
| 30 |
| (Source: P.A. 84-322.)
| 31 |
| (5 ILCS 312/7-106) (from Ch. 102, par. 207-106)
| 32 |
| Sec. 7-106. Willful Impersonation. Any person who acts as, |
|
|
|
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| or otherwise willfully impersonates, a notary
public while not | 2 |
| lawfully appointed and commissioned to perform notarial
acts is | 3 |
| guilty of a Class 3 felony
A misdemeanor .
| 4 |
| (Source: P.A. 84-322.)
| 5 |
| (5 ILCS 312/7-107) (from Ch. 102, par. 207-107)
| 6 |
| Sec. 7-107. Wrongful Possession. Any person who unlawfully | 7 |
| possesses a notary's official seal is guilty of
a Class A
| 8 |
| misdemeanor and punishable upon conviction by a fine not | 9 |
| exceeding $1,000.
| 10 |
| (Source: P.A. 84-322.)
| 11 |
| (5 ILCS 312/7-108) (from Ch. 102, par. 207-108)
| 12 |
| Sec. 7-108. Grounds for refusal, revocation, or suspension | 13 |
| of commission; hearing
Revocation of Commission . The Secretary | 14 |
| of State may refuse to appoint any person as notary public or | 15 |
| may revoke or suspend the commission of any notary public upon | 16 |
| any of the following grounds
who,
during the current term of | 17 |
| appointment :
| 18 |
| (1) Substantial and material misstatement or omission | 19 |
| in the application submitted to the Secretary of State. | 20 |
| (2) Conviction of a felony, a lesser offense involving | 21 |
| dishonesty, or a lesser offense of a nature incompatible | 22 |
| with the duties of a notary public, but in no case may a | 23 |
| commission be issued to an applicant within 10 years after | 24 |
| such conviction or plea. | 25 |
| (3) Revocation, suspension, restriction, or denial of | 26 |
| a professional license, if the revocation, suspension, | 27 |
| restriction, or denial was for misconduct, for dishonesty, | 28 |
| or for any cause substantially relating to the duties or | 29 |
| responsibilities of a notary public, but in no case may a | 30 |
| commission be issued to an applicant within 5 years after | 31 |
| such disciplinary action or an official finding that the | 32 |
| applicant had engaged in official misconduct, whether or |
|
|
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| not disciplinary action resulted. | 2 |
| (4) Failure to discharge fully and faithfully any of | 3 |
| the duties or responsibilities required of a notary public. | 4 |
| (5) When adjudged liable for damages in any suit | 5 |
| grounded in fraud, misrepresentation, or violation of the | 6 |
| state regulatory laws or in any suit based upon a failure | 7 |
| to discharge fully and faithfully the duties as a notary | 8 |
| public. | 9 |
| (6) The use of false or misleading advertising wherein | 10 |
| the notary public has represented that the notary public | 11 |
| has duties, rights, or privileges that he or she does not | 12 |
| possess by law. | 13 |
| (7) The unauthorized practice of law. | 14 |
| (8) Charging more than the fees prescribed by this Act. | 15 |
| (9) Commission of any act involving dishonesty, fraud, | 16 |
| or deceit with the intent to benefit the notary public or | 17 |
| another or injure another. | 18 |
| (10) Failure to complete the acknowledgment at the time | 19 |
| the notary's signature and seal are affixed to the | 20 |
| document. | 21 |
| (11) Execution of any certificate as a notary public | 22 |
| containing a statement known to the notary public to be | 23 |
| false, or using a title or designation not authorized by | 24 |
| this Act or by the Secretary of State. | 25 |
| (12) Failure to submit any remittance payable upon | 26 |
| demand by the Secretary of State under this Act or failure | 27 |
| to satisfy any court-ordered money judgment, including | 28 |
| restitution. | 29 |
| (13) Failure to secure the sequential journal of | 30 |
| official acts, pursuant to Section 3-102, or the official | 31 |
| seal, pursuant to Section 3-101. | 32 |
| Prior to a revocation or suspension pursuant to this Act, | 33 |
| after a denial of a commission, or prior to the imposition of a | 34 |
| civil penalty, the person affected shall have a right to a |
|
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| 1 |
| hearing on the matter and the proceeding shall be conducted in | 2 |
| accordance with the Illinois Administrative Procedure Act.
| 3 |
| (a) submits an application for commission and appointment | 4 |
| as a notary
public which contains substantial and material | 5 |
| misstatement or omission of fact; or
| 6 |
| (b) is convicted of any felony or official misconduct under | 7 |
| this Act.
| 8 |
| (Source: P.A. 84-322.)
| 9 |
| (5 ILCS 312/7-109) (from Ch. 102, par. 207-109)
| 10 |
| Sec. 7-109. Action for Injunction, Unauthorized Practice | 11 |
| of Law.
| 12 |
| (a) Upon his own information or upon complaint of any | 13 |
| person, the Attorney
General or any State's Attorney, or their | 14 |
| designee, may maintain an action
for injunctive relief in the | 15 |
| circuit court against any notary public who
renders, offers to | 16 |
| render, or holds himself or herself out as rendering any | 17 |
| service
constituting the unauthorized practice of the law. Any | 18 |
| organized bar
association in this State may intervene in the | 19 |
| action, at any stage of the
proceeding, for good cause shown. | 20 |
| The action may also be maintained by an
organized bar | 21 |
| association in this State. These remedies are in addition to,
| 22 |
| and not in substitution for, other available remedies.
| 23 |
| (b) If notarial certificate wording is not provided by the | 24 |
| customer or indicated for a document presented by the customer, | 25 |
| a non-attorney notary shall not determine the type of notarial | 26 |
| act or certificate to be used. | 27 |
| (c) A non-attorney notary shall not assist another person | 28 |
| in drafting, completing, selecting, or understanding a | 29 |
| document or transaction requiring a notarial act. | 30 |
| (d) This Section does not preclude a notary who is duly | 31 |
| qualified, trained, or experienced in a particular non-legal | 32 |
| industry or non-legal professional field from selecting, | 33 |
| drafting, completing, or advising on a document or certificate |
|
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| 1 |
| related to a matter within that industry or field. | 2 |
| (e) A notary shall not claim to have powers, | 3 |
| qualifications, rights, or privileges that the office of notary | 4 |
| does not provide, including the power to counsel on immigration | 5 |
| matters.
| 6 |
| (Source: P.A. 84-322.)
| 7 |
| Section 10. The State Finance Act is amended by adding | 8 |
| Section 5.663 as follows: | 9 |
| (30 ILCS 105/5.663 new)
| 10 |
| Sec. 5.663. Notary Public Education and Testing Fund. | 11 |
| Section 15. The Conveyances Act is amended by changing | 12 |
| Section 20 as follows:
| 13 |
| (765 ILCS 5/20) (from Ch. 30, par. 19)
| 14 |
| Sec. 20. Deeds, mortgages, conveyances, releases, powers | 15 |
| of attorney or
other writings of or relating to the sale, | 16 |
| conveyance or other disposition
of real estate or any interest | 17 |
| therein whereby the rights of any person may
be affected, shall
| 18 |
| may be acknowledged or proven before some
one of the following | 19 |
| courts or officers, namely:
| 20 |
| 1. When acknowledged or proven within this State, before a | 21 |
| notary
public, United States commissioner, county clerk, or any | 22 |
| court or any
judge, clerk or deputy clerk of such court. When | 23 |
| taken before a notary
public or United States commissioner, the | 24 |
| same shall be attested by his
official seal; when taken before | 25 |
| a court or the clerk thereof, or a deputy
clerk thereof, the | 26 |
| same shall be attested by the seal of such court.
| 27 |
| 2. When acknowledged or proved outside of
this State and | 28 |
| within the
United States or any of its territories or | 29 |
| dependencies or the District of
Columbia, before a justice of | 30 |
| the peace, notary public in substantial compliance with the |
|
|
|
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|
| 1 |
| Illinois Notary Public Act , master in chancery,
United States | 2 |
| commissioner, commissioner to take acknowledgments of deeds,
| 3 |
| mayor of city, clerk of a county, or before any judge, justice, | 4 |
| clerk or
deputy clerk of the supreme, circuit or district court | 5 |
| of the United
States, or before any judge, justice, clerk or | 6 |
| deputy clerk, prothonotary,
surrogate, or registrar of the | 7 |
| supreme, circuit, superior, district,
county, common pleas, | 8 |
| probate, orphan's or surrogate's court of any of the
states, | 9 |
| territories or dependencies of the United States. In any | 10 |
| dependency
of the United States such acknowledgment or proof | 11 |
| may also be taken or made
before any commissioned officer in | 12 |
| the military service of the United
States. When such | 13 |
| acknowledgment or proof is made before a notary public,
United | 14 |
| States commissioner or commissioner of deeds, it shall be | 15 |
| certified
under his seal of office. If taken before a mayor of | 16 |
| a city it shall be
certified under the seal of the city; if | 17 |
| before a clerk, deputy clerk,
prothonotary, registrar or | 18 |
| surrogate, then under the seal of his court; if
before a | 19 |
| justice of the peace or a master in chancery there shall be | 20 |
| added
a certificate of the proper clerk under the seal of his | 21 |
| office setting
forth that the person before whom such proof or | 22 |
| acknowledgment was made was
a justice of the peace or master in | 23 |
| chancery at the time of taking such
acknowledgment or proof. As | 24 |
| acknowledgment or proof of execution of any
instrument above | 25 |
| stated, may be made in conformity with the laws of the
State, | 26 |
| territory, dependency or district where it is made. If any
| 27 |
| clerk of any court of record within such state, territory, | 28 |
| dependency or
district shall, under his signature and the seal | 29 |
| of such court, certify that
such acknowledgment or proof was | 30 |
| made in conformity with the laws of such
state, territory, | 31 |
| dependency or district, or it shall so appear by the laws
of | 32 |
| such state, territory, dependency or district such instrument | 33 |
| or a duly
proved or certified copy of the record of such deed, | 34 |
| mortgage or other
instrument relating to real estate heretofore |
|
|
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| 1 |
| or hereafter made and
recorded in the proper county may be | 2 |
| admitted in evidence as
in other cases involving the admission | 3 |
| of evidence of certified copies.
| 4 |
| 3. When acknowledged or proven outside of the United States
| 5 |
| before any court of any republic, dominion, state, kingdom, | 6 |
| empire, colony,
territory, or dependency having a seal, or | 7 |
| before any judge, justice or
clerk thereof or before any mayor | 8 |
| or chief officer of any city or town
having a seal, or before a | 9 |
| notary public or commissioner of deeds, or any
ambassador, | 10 |
| minister or secretary of legation or consul of the United
| 11 |
| States or vice consul, deputy consul, commercial agent or | 12 |
| consular agent of
the United States in any foreign republic, | 13 |
| dominion, state, kingdom,
empire, colony, territory or | 14 |
| dependency attested by his official seal or
before any officer | 15 |
| authorized by the laws of the place where such
acknowledgment | 16 |
| or proof is made to take acknowledgments of conveyances of
real | 17 |
| estate or to administer oaths in proof of the execution of | 18 |
| conveyances
of real estate. Such acknowledgments are to be | 19 |
| attested by the official seal,
if any, of such court or | 20 |
| officer, and in case such acknowledgment or proof
is taken or | 21 |
| made before a court or officer having no official seal, a
| 22 |
| certificate shall be added by an ambassador, minister, | 23 |
| secretary of
legation, consul, vice consul, deputy consul, | 24 |
| commercial agent or consular
agent of the United States | 25 |
| residing in such republic, dominion, state,
kingdom, empire, | 26 |
| colony, territory, or dependency under his official seal,
| 27 |
| showing that such court or officer was duly elected, appointed | 28 |
| or created
and acting at the time such acknowledgment or proof | 29 |
| was made.
| 30 |
| 4. Any person serving in or with the armed forces of the | 31 |
| United
States, within or outside of the United States, and the | 32 |
| spouse or former
spouse of any such person, may acknowledge the | 33 |
| instruments wherever located
before any commissioned officer | 34 |
| in active service of the armed forces of
the United States with |
|
|
|
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| 1 |
| the rank of Second Lieutenant or higher in the Army,
Air Force | 2 |
| or Marine Corps, or Ensign or higher in the Navy or United | 3 |
| States
Coast Guard. The instrument shall not be rendered | 4 |
| invalid by the failure to
state therein the place of execution | 5 |
| or acknowledgment. No authentication
of the officer's | 6 |
| certificate of acknowledgment shall be required and such
| 7 |
| certificate need not be attested by any seal but the officer | 8 |
| taking the
acknowledgment shall indorse thereon or attach | 9 |
| thereto a certificate
substantially in the following form:
| 10 |
| On (insert date), the undersigned officer, personally
| 11 |
| appeared before me, known to me (or satisfactorily proven)
to | 12 |
| be serving in or with the armed forces of the United States | 13 |
| (and/or the
spouse or former spouse of a person so serving) and | 14 |
| to be the person whose
name is subscribed to the instrument and | 15 |
| acknowledged that .... he ....
executed the same as .... free | 16 |
| and voluntary act for the purposes therein
contained, and the | 17 |
| undersigned further certifies that he is at the date
of this | 18 |
| certificate a commissioned officer of the rank stated below and | 19 |
| is
in the active service of the armed forces of the United | 20 |
| States.
| 21 |
| ...............................
| 22 |
| Signature of Officer
| 23 |
| ...............................
| 24 |
| Rank of Officer and Command to
| 25 |
| which attached.
| 26 |
| 5. All deeds or other instruments or copies of the record | 27 |
| thereof
duly certified or proven which have been acknowledged | 28 |
| or proven prior to
August 30, 1963, before either of the courts | 29 |
| or officers mentioned in
this Act and in the manner herein | 30 |
| provided, shall be deemed to be good and
effectual in law and | 31 |
| the same may be introduced in evidence without further
proof of | 32 |
| their execution, with the same effect as if this amendatory Act | 33 |
| of
1963 had been in force at the date of such acknowledgment or | 34 |
| proof.
|
|
|
|
09400HB4958ham001 |
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|
| 1 |
| (Source: P.A. 91-357, eff. 7-29-99.)".
|
|