Full Text of SB1459 100th General Assembly
SB1459eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State 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 | | adding Section 1-105 as follows: | 6 | | (5 ILCS 312/1-105 new) | 7 | | Sec. 1-105. Notarization Task Force on Best Practices and | 8 | | Verification Standards to Implement Electronic Notarization. | 9 | | (a) The General Assembly finds and declares that: | 10 | | (1) As more and more citizens throughout the State of | 11 | | Illinois rely on electronic devices they also increasingly | 12 | | depend on electronic documentation. Any assertion that | 13 | | e-mails or word processing documents are necessarily | 14 | | "informal and not legally binding" has been dispelled by | 15 | | national legislation such as the federal "E-Sign" law in | 16 | | 2000 and the Uniform Electronic Transactions Act, which has | 17 | | been virtually universally adopted throughout the United | 18 | | States. Increasingly, laws have bestowed upon electronic | 19 | | documents the same legal effect as paper instruments. | 20 | | (2) Moreover, institutions, businesses, and commerce | 21 | | have gradually put more of their faith in electronic | 22 | | commerce and information technology in order to facilitate | 23 | | formal and informal interactions that are oftentimes |
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| 1 | | mission-critical and sensitive. In order to meet the | 2 | | growing demand for electronic commerce that is both | 3 | | convenient and secure, understanding the processes and | 4 | | technology is critical and the need for an electronic or | 5 | | remote notarization - the process of notarizing a signature | 6 | | on an electronic document by electronic methods - is | 7 | | becoming a necessity. | 8 | | (b) As used in this Section, "Task Force" means the | 9 | | Notarization Task Force on Best Practices and Verification | 10 | | Standards to Implement Electronic Notarization. | 11 | | (c) There is created a Notarization Task Force on Best | 12 | | Practices and Verification Standards to Implement Electronic | 13 | | Notarization to review and report on national standards for | 14 | | best practices in relation to electronic notarization, | 15 | | including security concerns and fraud prevention. The goal of | 16 | | the Task Force is to investigate and provide recommendations on | 17 | | national and State initiatives to implement electronic | 18 | | notarization in such a manner that increases the availability | 19 | | to notary public services, protects consumers, and maintains | 20 | | the integrity of the notarization seal and signature. | 21 | | (d) The Task Force's report shall include, but not be | 22 | | limited to, standards for an electronic signature, including | 23 | | encryption and decryption; the application process for | 24 | | electronic notarial commission; and the training of notaries on | 25 | | electronic notarization standards and best practices prior to | 26 | | the commission of an electronic notary's electronic signature. |
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| 1 | | The report shall also evaluate and make a recommendation on | 2 | | fees for notary application and commission, on which documents | 3 | | and acts can be attested to by electronic notaries, and on | 4 | | security measures that will protect the integrity of the | 5 | | electronic notary's electronic signature, as well as standards | 6 | | that the Secretary of State may rely upon for revoking an | 7 | | electronic notarization. The report must make a recommendation | 8 | | on whether and to what extent this Act should be expanded and | 9 | | updated. | 10 | | (e) The Task Force shall meet no less than 5 times between | 11 | | the effective date of this amendatory Act of the 100th General | 12 | | Assembly and December 31, 2019. The Task Force shall prepare a | 13 | | report that summarizes its work and makes recommendations | 14 | | resulting from its review. The Task Force shall submit the | 15 | | report of its findings and recommendations to the Governor and | 16 | | the General Assembly no later than June 30, 2020. | 17 | | (f) The Task Force shall consist of the following 17 | 18 | | members: | 19 | | (1) one member appointed by the Secretary of State from | 20 | | the Index Department of the Office of the Secretary of | 21 | | State; | 22 | | (2) one member appointed by the Secretary of State from | 23 | | the Department of Information Technology of the Office of | 24 | | the Secretary of State; | 25 | | (3) one member appointed by the President of the | 26 | | Senate; |
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| 1 | | (4) one member appointed by the Minority Leader of the | 2 | | Senate; | 3 | | (5) one member appointed by the Speaker of the House of | 4 | | Representatives; | 5 | | (6) one member appointed by the Minority Leader of the | 6 | | House of Representatives; | 7 | | (7) one member appointed by the Attorney General; | 8 | | (8) one member appointed by the Secretary of State from | 9 | | nominations made by the president of a statewide | 10 | | organization representing state's attorneys; | 11 | | (9) one member appointed by the Secretary of State from | 12 | | nominations made by a statewide organization representing | 13 | | attorneys; | 14 | | (10) one member appointed by the Secretary of State | 15 | | from nominations made by an organization representing | 16 | | attorneys in a municipality of more than 1,000,000 | 17 | | inhabitants; | 18 | | (11) one member appointed by the Secretary of State | 19 | | from nominations made by a statewide organization | 20 | | representing bankers; | 21 | | (12) one member appointed by the Secretary of State | 22 | | from nominations made by a statewide organization | 23 | | representing community bankers; | 24 | | (13) one member appointed by the Secretary of State | 25 | | from nominations made by a statewide organization | 26 | | representing credit unions; |
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| 1 | | (14) one member appointed by the Secretary of State | 2 | | from nominations made by a statewide organization | 3 | | representing corporate fiduciaries; | 4 | | (15) one member appointed by the Secretary of State | 5 | | from nominations made by an organization representing | 6 | | realtors in a municipality of more than 1,000,000 | 7 | | inhabitants; | 8 | | (16) one member appointed by the Secretary of State | 9 | | from nominations made by a statewide organization | 10 | | representing realtors; and | 11 | | (17) one member appointed by the Secretary of State | 12 | | from nominations made by a statewide chapter of a national | 13 | | organization representing elder law attorneys. | 14 | | (g) The Secretary of State shall designate which member | 15 | | shall serve as chairperson and facilitate the Task Force. The | 16 | | members of the Task Force shall be appointed no later than 90 | 17 | | days after the effective date of this amendatory Act of the | 18 | | 100th General Assembly. Vacancies in the membership of the Task | 19 | | Force shall be filled in the same manner as the original | 20 | | appointment. The members of the Task Force shall not receive | 21 | | compensation for serving as members of the Task Force. | 22 | | (h) The Office of the Secretary of State shall provide the | 23 | | Task Force with administrative and other support. | 24 | | (i) This Section is repealed on July 1, 2020.
| 25 | | Section 99. Effective date. This Act takes effect July 1, | 26 | | 2017.
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