Illinois General Assembly - Full Text of HB2797
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Full Text of HB2797  99th General Assembly




HB2797 EnrolledLRB099 03997 JLK 29189 b

1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Notary Public Act is amended by
5changing Sections 2-102 and 2-104 and by adding Section 2-102.5
6as follows:
7    (5 ILCS 312/2-102)  (from Ch. 102, par. 202-102)
8    Sec. 2-102. Application. Every applicant for appointment
9and commission as a notary shall complete an application in a
10format prescribed form furnished by the Secretary of State to
11be filed with the Secretary of State, stating:
12    (a) the applicant's official name, as it appears on his or
13her current driver's license or state-issued identification
14card which contains his or her last name and at least the
15initial of the first name;
16    (b) the county in which the applicant resides or, if the
17applicant is a resident of a state bordering Illinois, the
18county in Illinois in which that person's principal place of
19work or principal place of business is located;
20    (c) the applicant's residence address, as it appears on his
21or her current driver's license or state-issued identification
22card, and business address, if any, or any address at which an
23applicant will use a notary public commission to receive fees;



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1    (d) that the applicant has resided in the State of Illinois
2for 30 days preceding the application or that the applicant who
3is a resident of a state bordering Illinois has worked or
4maintained a business in Illinois for 30 days preceding the
6    (e) that the applicant is a citizen of the United States or
7an alien lawfully admitted for permanent residence in the
8United States;
9    (f) the applicant's date of birth that the applicant is at
10least 18 years of age;
11    (g) that the applicant is able to read and write the
12English language;
13    (h) that the applicant has never been the holder of a
14notary public appointment that was revoked or suspended during
15the past 10 years;
16    (i) that the applicant has not been convicted of a felony;
18    (i-5) that the applicant's signature authorizes the Office
19of the Secretary of State to conduct a verification to confirm
20the information provided in the application; and
21    (j) any other information the Secretary of State deems
23(Source: P.A. 93-1001, eff. 8-23-04.)
24    (5 ILCS 312/2-102.5 new)
25    Sec. 2-102.5. Online notary public application system.



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1    (a) The Secretary of State may establish and maintain an
2online application system that permits an Illinois resident to
3apply for appointment and commission as a notary public.
4    (b) Any such online notary public application system shall
5employ security measures to ensure the accuracy and integrity
6of notary public applications submitted electronically under
7this Section.
8    (c) The Secretary of State may cross reference information
9provided by applicants with that contained in the Secretary of
10State's driver's license and Illinois Identification Card
11databases in order to match the information submitted by
12applicants, and may receive from those databases the
13applicant's digitized signature upon a successful match of the
14applicant's information with that information contained in the
16    (d) An online notary public application shall contain all
17of the information that is required for a paper application as
18provided in Section 2-102 of this Act. The applicant shall also
19be required to provide:
20        (1) the applicant's full Illinois driver's license or
21    Illinois Identification Card number;
22        (2) the date of issuance of the Illinois driver's
23    license or Illinois Identification Card; and
24        (3) the applicant's e-mail address for notices to be
25    provided under this Section.
26    (e) For his or her application to be accepted, the



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1applicant shall mark the box associated with the following
2statement included as part of the online notary public
3application: "By clicking on the box below, I swear or affirm
4all of the following:
5        (1) I am the person whose name and identifying
6    information is provided on this form, and I desire to be
7    appointed and commissioned as a notary public in the State
8    of Illinois.
9        (2) All the information I have provided on this form is
10    true and correct as of the date I am submitting this form.
11        (3) I authorize the Secretary of State to utilize my
12    signature on file with the Secretary of State driver's
13    license and Illinois Identification Card databases and
14    understand that such signature will be used on this online
15    notary public application for appointment and commission
16    as a notary public as if I had signed this form
17    personally."
18    (f) Immediately upon receiving a completed online notary
19public application, the online system shall send by electronic
20mail a confirmation notice that the application has been
21received. Upon completion of the procedure outlined in
22subsection (c) of this Section, the online notary public
23application system shall send by electronic mail a notice
24informing the applicant of whether the following information
25has been matched with the Secretary of State driver's license
26and Illinois Identification Card databases:



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1        (1) that the applicant has an authentic Illinois
2    driver's license or Illinois Identification Card issued by
3    the Secretary of State and that the driver's license or
4    Illinois Identification Card number provided by the
5    applicant matches the driver's license or Illinois
6    Identification Card number for that person on file with the
7    Secretary of State;
8        (2) that the date of issuance of the Illinois driver's
9    license or Illinois Identification Card listed on the
10    application matches the date of issuance of that license or
11    card for that person on file with the Secretary of State;
12        (3) that the date of birth provided by the applicant
13    matches the date of birth for that person on file with the
14    Secretary of State; and
15        (4) that the residence address provided by the
16    applicant matches the residence address for that person on
17    file with the Secretary of State.
18    (g) If the information provided by the applicant matches
19all of the criteria identified in subsection (f) of this
20Section, the online notary public application system shall
21retrieve from the Secretary of State's database files an
22electronic copy of the applicant's signature from his or her
23Illinois driver's license or Illinois Identification Card and
24such signature shall be deemed to be the applicant's signature
25on his or her online notary public application.



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1    (5 ILCS 312/2-104)  (from Ch. 102, par. 202-104)
2    Sec. 2-104. Oath.
3    (a) Every applicant for appointment and commission as a
4notary public shall take the following oath in the presence of
5a person qualified to administer an oath in this State:
6    "I, (name of applicant), solemnly affirm, under the penalty
7of perjury, that the answers to all questions in this
8application are true, complete, and correct; that I have
9carefully read the notary law of this State; and that, if
10appointed and commissioned as a notary public, I will perform
11faithfully, to the best of my ability, all notarial acts in
12accordance with the law.".
13    (b) In the event that the applicant completes a paper
14application for appointment and commission as a notary public,
15he or she shall take the oath in the presence of a person
16qualified to administer an oath in this State. The printed oath
17shall be followed by the signature of the applicant and
18notarized as follows:
19    " ................. (Signature of applicant)
20    Subscribed and affirmed before me on (insert date).
21    ................... (Official signature and official seal
22of notary)".
23    (c) In the event that the applicant completes an online
24application for appointment and commission as a notary public,
25he or she shall affirm the oath electronically. An electronic
26affirmation of the oath in the online notary public application



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1system shall have the same force and effect as an oath sworn
2and affirmed in person.
3(Source: P.A. 91-357, eff. 7-29-99.)
4    Section 10. The Illinois Vehicle Code is amended by
5changing Section 6-110.1 as follows:
6    (625 ILCS 5/6-110.1)
7    Sec. 6-110.1. Confidentiality of captured photographs or
8images. The Secretary of State shall maintain a file on or
9contract to file all photographs and signatures obtained in the
10process of issuing a driver's license, permit, or
11identification card. The photographs and signatures shall be
12confidential and shall not be disclosed except to the following
14        (1) the individual upon written request;
15        (2) officers and employees of the Secretary of State
16    who have a need to have access to the stored images for
17    purposes of issuing and controlling driver's licenses,
18    permits, or identification cards;
19        (3) law enforcement officials for a lawful civil or
20    criminal law enforcement investigation;
21        (3-5) the State Board of Elections for the sole purpose
22    of providing the signatures required by a local election
23    authority to register a voter through an online voter
24    registration system; or



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1        (3-10) officers and employees of the Secretary of State
2    who have a need to have access to the stored images for
3    purposes of issuing and controlling notary public
4    commissions and for the purpose of providing the signatures
5    required to process online applications for appointment
6    and commission as notaries public; or
7        (4) other entities that the Secretary may exempt by
8    rule.
9(Source: P.A. 98-115, eff. 7-29-13.)