Full Text of SB1219 98th General Assembly
SB1219eng 98TH GENERAL ASSEMBLY |
| | SB1219 Engrossed | | LRB098 06750 JDS 36798 b |
|
| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Notary Public Act is amended by | 5 | | changing Sections 2-102, 2-104, 3-101, 3-102, and 6-102 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 form | 10 | | furnished by the Secretary of State to be filed with
the | 11 | | Secretary of State . Upon implementation by the Secretary of | 12 | | State of an electronic application system for
appointment and | 13 | | commission as a notary public, each applicant for appointment | 14 | | and
commission as a notary public shall use that system in | 15 | | order to apply for appointment and commission as a notary | 16 | | public. The filing of
an electronic application for appointment | 17 | | and commission as a notary public shall be the equivalent of | 18 | | the filing of a verified, written application for
appointment | 19 | | and commission as a notary public, and an applicant's | 20 | | electronic signature
shall be considered the equivalent of the | 21 | | applicant's written signature and verified oath, as described | 22 | | in
Section 2-104 of this Act. Whether making a written or an | 23 | | electronic application for appointment and
commission as a |
| | | SB1219 Engrossed | - 2 - | LRB098 06750 JDS 36798 b |
|
| 1 | | notary public, each applicant shall, in his or her application, | 2 | | state , stating :
| 3 | | (a) the applicant's official name, which contains his or | 4 | | her last name
and at least the initial of the first name;
| 5 | | (b) the county in which the applicant resides
or, if the | 6 | | applicant is a resident of a state bordering Illinois, the | 7 | | county
in Illinois in which that person's principal place of | 8 | | work or principal place
of business is located;
| 9 | | (c) the applicant's residence address and business | 10 | | address, if any, or
any address at which an applicant will use | 11 | | a notary public commission to
receive fees;
| 12 | | (d) that the applicant has resided in the State of Illinois | 13 | | for 30 days
preceding the application
or that the applicant who | 14 | | is a resident of a state bordering Illinois has
worked or | 15 | | maintained a business in Illinois for 30 days preceding the
| 16 | | application;
| 17 | | (e) that the applicant is a citizen of the United States or | 18 | | an alien
lawfully admitted for permanent residence in the | 19 | | United States;
| 20 | | (f) that the applicant is at least 18 years of age;
| 21 | | (g) that the applicant is able to read and write the | 22 | | English language;
| 23 | | (h) that the applicant has never been the holder of a | 24 | | notary public appointment that was revoked or suspended
during | 25 | | the past 10 years;
| 26 | | (i) that the applicant has not been convicted of a felony; |
| | | SB1219 Engrossed | - 3 - | LRB098 06750 JDS 36798 b |
|
| 1 | | and
| 2 | | (j) any other information the Secretary of State deems | 3 | | necessary.
| 4 | | (Source: P.A. 93-1001, eff. 8-23-04.)
| 5 | | (5 ILCS 312/2-104) (from Ch. 102, par. 202-104)
| 6 | | Sec. 2-104. Oath. Every applicant making a written | 7 | | application for appointment and commission as a
notary public | 8 | | shall take the following oath in the presence of a person
| 9 | | qualified to administer an oath in this State , and every | 10 | | applicant making an electronic application for appointment and | 11 | | commission as a notary public shall electronically sign and | 12 | | verify the following
statement under oath pursuant to Section | 13 | | 1-109 of the Code of Civil Procedure :
| 14 | | "I, (name of applicant), solemnly affirm, under the penalty
| 15 | | of perjury, that the answers to all questions in this | 16 | | application are true,
complete, and correct; that I have | 17 | | carefully read the notary law of this
State; and that, if | 18 | | appointed and commissioned as a notary public, I will
perform | 19 | | faithfully, to the best of my ability, all notarial acts in
| 20 | | accordance with the law.
| 21 | | ................. (Signature of applicant)
| 22 | | Subscribed and affirmed before me on (insert date).
| 23 | | ................... (Official signature and official seal | 24 | | of notary)".
| 25 | | (Source: P.A. 91-357, eff. 7-29-99.)
|
| | | SB1219 Engrossed | - 4 - | LRB098 06750 JDS 36798 b |
|
| 1 | | (5 ILCS 312/3-101) (from Ch. 102, par. 203-101)
| 2 | | Sec. 3-101. Official Seal and Signature. | 3 | | (a) Each notary public shall, upon receiving the commission | 4 | | from the county
clerk, obtain an official rubber stamp seal | 5 | | with which the notary shall
authenticate his official acts. The | 6 | | rubber stamp seal shall contain the
following information:
| 7 | | (1)
the words "Official Seal";
| 8 | | (2)
the notary's official name;
| 9 | | (3)
the words "Notary Public", "State of Illinois", and | 10 | | "My commission
expires____________(commission expiration | 11 | | date)"; and
| 12 | | (4)
a serrated or milled edge border in a rectangular | 13 | | form not more than
one inch in height by two and one-half | 14 | | inches in length surrounding the information.
| 15 | | (b) At the time of the notarial act, a notary public shall | 16 | | officially sign every notary certificate and affix the rubber | 17 | | stamp seal clearly and legibly using black ink, so that it is | 18 | | capable of photographic reproduction. The illegibility of any | 19 | | of the information required by this Section does not affect the | 20 | | validity of a transaction.
| 21 | | This subsection does not apply on or after July 1, 2013.
| 22 | | (Source: P.A. 95-988, eff. 6-1-09 .)
| 23 | | (5 ILCS 312/3-102) (from Ch. 102, par. 203-102)
| 24 | | Sec. 3-102. Notarial Record; Residential Real Property |
| | | SB1219 Engrossed | - 5 - | LRB098 06750 JDS 36798 b |
|
| 1 | | Transactions. | 2 | | (a) This Section shall apply to every notarial act in | 3 | | Illinois involving a document of conveyance that transfers or | 4 | | purports to transfer title to residential real property located | 5 | | in Cook County. | 6 | | (b) As used in this Section, the following terms shall have | 7 | | the meanings ascribed to them: | 8 | | (1) "Document of Conveyance" shall mean a written | 9 | | instrument that transfers or purports to transfer title | 10 | | effecting a change in ownership to Residential Real | 11 | | Property, excluding: | 12 | | (i) court-ordered and court-authorized conveyances | 13 | | of Residential Real Property, including without | 14 | | limitation, quit-claim deeds executed pursuant to a | 15 | | marital settlement agreement incorporated into a | 16 | | judgment of dissolution of marriage, and transfers in | 17 | | the administration of a probate estate; | 18 | | (ii) judicial sale deeds relating to Residential | 19 | | Real Property, including without limitation, sale | 20 | | deeds issued pursuant to proceedings to foreclose a | 21 | | mortgage or execute on a levy to enforce a judgment; | 22 | | (iii) deeds transferring ownership of Residential | 23 | | Real Property to a trust where the beneficiary is also | 24 | | the grantor; | 25 | | (iv) deeds from grantors to themselves that are | 26 | | intended to change the nature or type of tenancy by |
| | | SB1219 Engrossed | - 6 - | LRB098 06750 JDS 36798 b |
|
| 1 | | which they own Residential Real Property; | 2 | | (v) deeds from a grantor to the grantor and another | 3 | | natural person that are intended to establish a tenancy | 4 | | by which the grantor and the other natural person own | 5 | | Residential Real Property; | 6 | | (vi) deeds executed to the mortgagee in lieu of | 7 | | foreclosure of a mortgage; and | 8 | | (vii) deeds transferring ownership to a revocable | 9 | | or irrevocable grantor trust where the beneficiary | 10 | | includes the grantor. | 11 | | (2) "Financial Institution" shall mean a State or | 12 | | federally chartered bank, savings and loan association, | 13 | | savings bank, credit union, or trust company.
| 14 | | (3) "Notarial Record" shall mean the written document | 15 | | created in conformity with this Section by a notary in | 16 | | connection with Documents of Conveyance. | 17 | | (4) "Residential Real Property" shall mean a building | 18 | | or buildings located in Cook County, Illinois and | 19 | | containing one to 4 dwelling units or an individual | 20 | | residential condominium unit. | 21 | | (5) "Title Insurance Agent" shall have the meaning | 22 | | ascribed to it under the Title Insurance Act.
| 23 | | (6) "Title Insurance Company" shall have the meaning | 24 | | ascribed to it under the Title Insurance Act.
| 25 | | (c) A notary appointed and commissioned as a notary in | 26 | | Illinois shall, in addition to compliance with other provisions |
| | | SB1219 Engrossed | - 7 - | LRB098 06750 JDS 36798 b |
|
| 1 | | of this Act, create a Notarial Record of each notarial act | 2 | | performed in connection with a Document of Conveyance. The | 3 | | Notarial Record shall contain: | 4 | | (1) The date of the notarial act; | 5 | | (2) The type, title, or a description of the Document | 6 | | of Conveyance being notarized, and the property index | 7 | | number ("PIN") used to identify the Residential Real | 8 | | Property for assessment or taxation purposes and the common | 9 | | street address for the Residential Real Property that is | 10 | | the subject of the Document of Conveyance; | 11 | | (3) The signature, printed name, and residence street | 12 | | address of each person whose signature is the subject of | 13 | | the notarial act and a certification by the person that the | 14 | | property is Residential Real Property as defined in this | 15 | | Section, which states "The undersigned grantor hereby | 16 | | certifies that the real property identified in this | 17 | | Notarial Record is Residential Real Property as defined in | 18 | | the Illinois Notary Public Act". | 19 | | (4) A description of the satisfactory evidence | 20 | | reviewed by the notary to determine the identity of the | 21 | | person whose signature is the subject of the notarial act; | 22 | | (5) The date of notarization, the fee charged for the | 23 | | notarial act, the Notary's home or business phone number, | 24 | | the Notary's residence street address, the Notary's | 25 | | commission expiration date, the correct legal name of the | 26 | | Notary's employer or principal, and the business street |
| | | SB1219 Engrossed | - 8 - | LRB098 06750 JDS 36798 b |
|
| 1 | | address of the Notary's employer or principal; and | 2 | | (6) The notary public shall require the person signing | 3 | | the Document of Conveyance (including an agent acting on | 4 | | behalf of a principal under a duly executed power of | 5 | | attorney), whose signature is the subject of the notarial | 6 | | act, to place his or her right thumbprint on the Notarial | 7 | | Record. If the right thumbprint is not available, then the | 8 | | notary shall have the party use his or her left thumb, or | 9 | | any available finger, and shall so indicate on the Notarial | 10 | | Record. If the party signing the document is physically | 11 | | unable to provide a thumbprint or fingerprint, the notary | 12 | | shall so indicate on the Notarial Record and shall also | 13 | | provide an explanation of that physical condition. The | 14 | | notary may obtain the thumbprint by any means that reliably | 15 | | captures the image of the finger in a physical or | 16 | | electronic medium. | 17 | | (d) If a notarial act under this Section is performed by a | 18 | | notary who is a principal, employee, or agent of a Title | 19 | | Insurance Company, Title Insurance Agent, Financial | 20 | | Institution, or attorney at law, the notary shall deliver the | 21 | | original Notarial Record to the notary's employer or principal | 22 | | within 14 days after the performance of the notarial act for | 23 | | retention for a period of 7 years as part of the employer's or | 24 | | principal's business records. In the event of a sale or merger | 25 | | of any of the foregoing entities or persons, the successor or | 26 | | assignee of the entity or person shall assume the |
| | | SB1219 Engrossed | - 9 - | LRB098 06750 JDS 36798 b |
|
| 1 | | responsibility to maintain the Notarial Record for the balance | 2 | | of the 7-year business records retention period. Liquidation or | 3 | | other cessation of activities in the ordinary course of | 4 | | business by any of the foregoing entities or persons shall | 5 | | relieve the entity or person from the obligation to maintain | 6 | | Notarial Records after delivery of Notarial Records to the | 7 | | Recorder of Deeds of Cook County, Illinois. | 8 | | (e) If a notarial act is performed by a notary who is not a | 9 | | principal, employee, or agent of a Title Insurance Company, | 10 | | Title Insurance Agent, Financial Institution, or attorney at | 11 | | law, the notary shall deliver the original Notarial Record | 12 | | within 14 days after the performance of the notarial act to the | 13 | | Recorder of Deeds of Cook County, Illinois for retention for a | 14 | | period of 7 years, accompanied by a filing fee of $5. | 15 | | (f) The Notarial Record required under subsection (c) of | 16 | | this Section shall be created and maintained for each person | 17 | | whose signature is the subject of a notarial act regarding a | 18 | | Document of Conveyance and shall be in substantially the | 19 | | following form: | 20 | | NOTARIAL RECORD - RESIDENTIAL REAL PROPERTY TRANSACTIONS
| 21 | | Date Notarized:
| 22 | | Fee: $
| 23 | | The undersigned grantor hereby certifies that the real property | 24 | | identified in this Notarial Record is Residential Real Property |
| | | SB1219 Engrossed | - 10 - | LRB098 06750 JDS 36798 b |
|
| 1 | | as defined in the Illinois Notary Public Act. | 2 | | Grantor's (Signer's) Printed Name:
| 3 | | Grantor's (Signer's) Signature:
| 4 | | Grantor's (Signer's) Residential Street Address, City, State, | 5 | | and Zip:
| 6 | | Type or Name of Document of Conveyance:
| 7 | | PIN No. of Residential Real Property:
| 8 | | Common Street Address of Residential Real Property:
| 9 | | Thumbprint or Fingerprint:
| 10 | | Description of Means of Identification:
| 11 | | Additional Comments:
| 12 | | Name of Notary Printed:
| 13 | | Notary Phone Number:
| 14 | | Commission Expiration Date:
|
| | | SB1219 Engrossed | - 11 - | LRB098 06750 JDS 36798 b |
|
| 1 | | Residential Street Address of Notary, City, State, and Zip:
| 2 | | Name of Notary's Employer or Principal:
| 3 | | Business Street Address of Notary's Employer or Principal, | 4 | | City, State, and Zip:
| 5 | | (g) No copies of the original Notarial Record may be made | 6 | | or retained by the Notary. The Notary's employer or principal | 7 | | may retain copies of the Notarial Records as part of its | 8 | | business records, subject to applicable privacy and | 9 | | confidentiality standards. | 10 | | (h) The failure of a notary to comply with the procedure | 11 | | set forth in this Section shall not affect the validity of the | 12 | | Residential Real Property transaction in connection to which | 13 | | the Document of Conveyance is executed, in the absence of | 14 | | fraud. | 15 | | (i) The Notarial Record or other medium containing the | 16 | | thumbprint or fingerprint required by subsection (c)(6) shall | 17 | | be made available or disclosed only upon receipt of a subpoena | 18 | | duly authorized by a court of competent jurisdiction. Such | 19 | | Notarial Record or other medium shall not be subject to | 20 | | disclosure under the Freedom of Information Act and shall not | 21 | | be made available to any other party, other than a party in | 22 | | succession of interest to the party maintaining the Notarial |
| | | SB1219 Engrossed | - 12 - | LRB098 06750 JDS 36798 b |
|
| 1 | | Record or other medium pursuant to subsection (d) or (e). | 2 | | (j) In the event there is a breach in the security of a | 3 | | Notarial Record maintained pursuant to subsections (d) and (e) | 4 | | by the Recorder of Deeds of Cook County, Illinois, the Recorder | 5 | | shall notify the person identified as the "signer" in the | 6 | | Notarial Record at the signer's residential street address set | 7 | | forth in the Notarial Record. "Breach" shall mean unauthorized | 8 | | acquisition of the fingerprint data contained in the Notarial | 9 | | Record that compromises the security, confidentiality, or | 10 | | integrity of the fingerprint data maintained by the Recorder. | 11 | | The notification shall be in writing and made in the most | 12 | | expedient time possible and without unreasonable delay, | 13 | | consistent with any measures necessary to determine the scope | 14 | | of the breach and restore the reasonable security, | 15 | | confidentiality, and integrity of the Recorder's data system.
| 16 | | (k) Subsections (a) through (i) shall not apply on and | 17 | | after July 1, 2013.
| 18 | | (l) (Blank). Beginning July 1, 2013, at
the time of | 19 | | notarization, a notary public shall officially sign every
| 20 | | notary certificate and affix the rubber stamp seal clearly and | 21 | | legibly
using black ink, so that it is capable of photographic | 22 | | reproduction. The
illegibility of any of the information | 23 | | required by this Section does not
affect the validity of a | 24 | | transaction.
| 25 | | (Source: P.A. 97-508, eff. 8-23-11.)
|
| | | SB1219 Engrossed | - 13 - | LRB098 06750 JDS 36798 b |
|
| 1 | | (5 ILCS 312/6-102) (from Ch. 102, par. 206-102)
| 2 | | Sec. 6-102. Notarial Acts. | 3 | | (a) In taking an acknowledgment, the notary public must | 4 | | determine,
either from personal knowledge or from satisfactory | 5 | | evidence, that the
person appearing before the notary and | 6 | | making the acknowledgment is the
person whose true signature is | 7 | | on the instrument.
| 8 | | (b) In taking a verification upon oath or affirmation, the | 9 | | notary
public must determine, either from personal knowledge or | 10 | | from satisfactory
evidence, that the person appearing before | 11 | | the notary and making the
verification is the person whose true | 12 | | signature is on the statement verified.
| 13 | | (c) In witnessing or attesting a signature, the notary | 14 | | public must
determine, either from personal knowledge or from | 15 | | satisfactory evidence,
that the signature is that of the person | 16 | | appearing before the notary and named therein.
| 17 | | (d) A notary public has satisfactory evidence that a person | 18 | | is the
person whose true signature is on a document if that | 19 | | person:
| 20 | | (1) is personally known to the notary;
| 21 | | (2) is identified upon the oath or affirmation of a | 22 | | credible witness
personally known to the notary; or
| 23 | | (3) is identified on the basis of identification | 24 | | documents. Identification Until July 1, 2013, | 25 | | identification documents are documents that are valid at | 26 | | the time of the notarial act, issued by a state agency, |
| | | SB1219 Engrossed | - 14 - | LRB098 06750 JDS 36798 b |
|
| 1 | | federal government agency, or consulate, and bearing the | 2 | | photographic image of the individual's face and signature | 3 | | of the individual.
| 4 | | (Source: P.A. 97-397, eff. 1-1-12.)
| 5 | | Section 99. Effective date. This Act takes effect June 30, | 6 | | 2013.
|
|