SB0304 94TH GENERAL ASSEMBLY

LRB094 06877 JAM 36984 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0304

Introduced 2/15/2005, by Sen. Martin A. Sandoval

SYNOPSIS AS INTRODUCED:

5 ILCS 312/2-105	from Ch. 102, par. 202-105
5 ILCS 312/3-101	from Ch. 102, par. 203-101
5 ILCS 312/6-102	from Ch. 102, par. 206-102
5 ILCS 312/7-105	from Ch. 102, par. 207-105
5 ILCS 312/7-106	from Ch. 102, par. 207-106
5 ILCS 312/7-107	from Ch. 102, par. 207-107

Amends the Illinois Notary Public Act. Requires a notary public applicant to provide a $25,000 surety bond (now, a $5,000 surety bond). Requires a notary public to keep a journal of notarial acts and specifies the required contents of the journal. With respect to satisfactory evidence that a person unknown to the notary is the person whose true signature appears on a document, requires (i) one witness known to the notary who knows the document signer and who is unaffected by the document or transaction or (ii) 2 witnesses who know the document signer and are unaffected by the document or transaction. Makes official misconduct involving notarial acts with respect to real estate documents a Class 1 felony. Makes willful impersonation of a notary public a Class 1 felony (now, a Class A misdemeanor). Makes unlawful possession of a notary's seal a Class 1 felony (now, a misdemeanor with a fine not exceeding $1,000).

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

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 2-105, 3-101, 6-102, 7-105, 7-106, and 7-107 as follows:

(5 ILCS 312/2-105) (from Ch. 102, par. 202-105)

Sec. 2-105. Bond. Every application for appointment and commission as a notary public shall be accompanied by an executed bond commencing on the date of the appointment with a term of 4 years, in the sum of $25,000 $5,000, with, as surety thereon, a company qualified to write surety bonds in this State. The bond shall be conditioned upon the faithful performance of all notarial acts in accordance with this Act. The Secretary of State may prescribe an official bond form.

(Source: P.A. 84-322.)

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

Sec. 3-101. Official Seal and Journal.

(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) (a) the words "Official Seal";

(2) (b) the notary's official name;

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

(4) (d) 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) Each notary public shall procure, keep, maintain, protect, and provide for lawful inspection a chronological official journal of notarial acts that is a permanently bound book with numbered pages. The journal shall be kept by the notary public for at least 5 years after the date of its last entry. However, a notary public who is either an attorney at law admitted to practice in this State or an employee of such an attorney may instead of a journal of notarial acts maintain a record of notarial acts in the form of office files regularly maintained for the attorney's law practice.

For every notarial act, the notary public shall record in the journal at the time of notarization:

(1) The date, time, and type of notarial acts.

(2) The date and the type, title, or description of the document or proceeding.

(3) The signature, printed name, and address of the signer.

(4) If the notarial act involves a document of conveyance or encumbrance affecting real property, the right thumbprint of the party signing the document. If the right thumbprint is unavailable, than the notary public shall have the party use his or her left thumb, or any available finger, and shall so indicate in the journal. If the party signing the document is physically unable to provide a thumbprint or fingerprint, the notary shall so indicate in the journal and shall also provide an explanation of that physical condition. This item (4) shall not apply to a sheriff's deed or other judicial deed.

(5) How identification of the signer was made and a description of the particular form of satisfactory evidence.

(6) The fee, if any, charged for the notarial act.

(Source: P.A. 84-322.)

(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 unaffected by the document or transaction who is personally known to the notary and who personally knows the person, or of 2 credible witnesses unaffected by the document or transaction who each personally knows the person and shows to the notary reliable identification documents; or

(3) is identified on the basis of identification documents.

(e) The following definitions apply to subsection (d):

(1) "Personally known" means familiarity with an individual resulting from interactions with that individual over a period of time sufficient to ensure beyond a reasonable doubt that the individual has the identity claimed.

(2) "Reliable identification documents" means at least one current document issued by a federal or state government agency bearing the photographic image of the individual's face and signature and a physical description of the individual; provided that a properly stamped passport without a physical description is acceptable.

(Source: P.A. 84-322.)

(5 ILCS 312/7-105) (from Ch. 102, par. 207-105)

Sec. 7-105. Official Misconduct.

(a) A notary public who knowingly and willfully commits any official misconduct is guilty of a Class A misdemeanor; provided that a notary public who knowingly and willfully commits any official misconduct in connection with a notarial act involving a document of conveyance or encumbrance affecting real estate is guilty of a Class 1 felony.

(b) A notary public who recklessly or negligently commits any official misconduct is guilty of a Class A B misdemeanor.

(Source: P.A. 84-322.)

(5 ILCS 312/7-106) (from Ch. 102, par. 207-106)

Sec. 7-106. Willful Impersonation. Any person who acts as, or otherwise willfully impersonates, a notary public while not lawfully appointed and commissioned to perform notarial acts is guilty of a Class 1 felony A misdemeanor.

(Source: P.A. 84-322.)

(5 ILCS 312/7-107) (from Ch. 102, par. 207-107)

Sec. 7-107. Wrongful Possession. Any person who unlawfully possesses a notary's official seal is guilty of a Class 1 felony misdemeanor and punishable upon conviction by a fine not exceeding $1,000.

(Source: P.A. 84-322.)