Full Text of SB2664 102nd General Assembly
SB2664ham001 102ND GENERAL ASSEMBLY | Rep. Stephanie A. Kifowit Filed: 5/4/2021
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| 1 | | AMENDMENT TO SENATE BILL 2664
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2664 as follows:
| 3 | | on page 8, by replacing lines 9 through 17 with the following: | 4 | | "(5 ILCS 312/1-106 new) | 5 | | Sec. 1-106. Electronic Notarization Fund. The Electronic | 6 | | Notarization Fund is created as a special fund in the State | 7 | | treasury. Moneys in the Electronic Notarization Fund during | 8 | | the preceding calendar year, shall be distributed, subject to | 9 | | appropriation, to the Secretary of State to fund the | 10 | | Department of Index's implementation and maintenance of the | 11 | | electronic notarization commissions. This Section is effective | 12 | | on and after July 1, 2022. "; and | 13 | | on page 13, by replacing lines 20 through 26 with the | 14 | | following: | 15 | | " (d) Electronic notarial acts. Before an electronic notary |
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| 1 | | public performs an electronic notarial act using audio-video | 2 | | communication, he or she must be granted an electronic notary | 3 | | public commission by the Secretary of State under this | 4 | | Section, and identify the technology that the electronic | 5 | | notary public intends to use, which must be approved by the | 6 | | Secretary of State. "; and | 7 | | on page 22, by deleting lines 2 through 9; and | 8 | | by replacing line 22 on page 26 through line 1 on page 27 with | 9 | | the following: | 10 | | " (e) Certificate of electronic notarial act. An electronic | 11 | | notary public shall attach his or her electronic signature and | 12 | | electronic seal with the electronic notarial certificate of an | 13 | | electronic document in a manner that is capable of independent | 14 | | verification and renders any subsequent change or modification | 15 | | to the electronic document evident. "; and | 16 | | on page 35, by replacing lines 10 through 16 with the | 17 | | following: | 18 | | " (b) Except as provided under subsection (c), an | 19 | | electronic notary public who is physically located in this | 20 | | State may perform an electronic notarial act using | 21 | | communication technology in accordance with this Article and | 22 | | any rules adopted by the Secretary of State for a remotely | 23 | | located individual who is physically located: (i) in this |
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| 1 | | State; or (ii) outside of this State, but not outside the | 2 | | United States. | 3 | | (c) Notwithstanding subsection (b), an electronic notary | 4 | | public may perform an electronic notarial act for a remotely | 5 | | located individual outside of the United States if the record | 6 | | is to be filed with or relates to a matter before a public | 7 | | official or court, governmental entity, or other entity | 8 | | subject to the jurisdiction of the United States or involves | 9 | | property located in the territorial jurisdiction of the United | 10 | | States or involves a transaction substantially connected with | 11 | | the United States. "; and
| 12 | | on page 42, by replacing lines 15 through 19 with the | 13 | | following: | 14 | | " (5) Each page of the document being witnessed must be
| 15 | | shown to the witness on the two-way audio-video
| 16 | | communication technology in a means clearly legible to the
| 17 | | witness. "; and
| 18 | | by replacing line 24 on page 42 through line 1 on page 43 with | 19 | | the following: | 20 | | " (1) The signatory must transmit by overnight mail, | 21 | | fax, or electronic means a legible copy of the entire | 22 | | signed document directly to the notary no later than the | 23 | | day after the document is signed. "; and |
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| 1 | | on page 43, by replacing lines 2 through 5 with the following: | 2 | | " (2) The notary must sign the transmitted copy of the | 3 | | document as a witness and transmit the signed copy of the | 4 | | document back to the signatory via overnight mail, fax, or | 5 | | electronic means within 24 hours after receipt. "; and | 6 | | by replacing line 26 on page 45 through line 5 on page 46 with | 7 | | the following: | 8 | | " (o) A notary public shall not sell, rent, transfer, or | 9 | | otherwise make available to a third party, other than the | 10 | | electronic notarization platform, the contents of the notarial | 11 | | journal, audio video recordings, or any other record | 12 | | associated with any notarial act, including personally | 13 | | identifiable information, except when required by law, law | 14 | | enforcement, the Secretary of State, or a court order. Upon | 15 | | written request of a third party, which request must include | 16 | | the name of the parties, the type of document, and the month | 17 | | and year in which a record was notarized, a notary public may | 18 | | supply a copy of the line item representing the requested | 19 | | transaction after personally identifying information has been | 20 | | redacted. "; and | 21 | | by replacing line 24 on page 54 through line 5 on page 55 with | 22 | | the following: | 23 | | " (c) At the time of an electronic notarial act, an | 24 | | electronic notary public shall electronically sign every |
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| 1 | | electronic notarial certificate and electronically affix the | 2 | | electronic seal clearly and legibly, so that it is capable of | 3 | | photographic reproduction. The illegibility of any of the | 4 | | information required under this Section does not affect the | 5 | | validity of a transaction. "; and | 6 | | on page 70, by replacing lines 11 through 20 with the | 7 | | following: | 8 | | "Section 99. Effective date. This Act takes effect on the | 9 | | later of: (1) January 1, 2022; or (2) the date on which the | 10 | | Office of the Secretary of State files with the Index | 11 | | Department of the Office of the Secretary of State a notice | 12 | | that the Office of the Secretary of State has adopted the rules | 13 | | necessary to implement this Act, and upon the filing of the | 14 | | notice, the Index Department shall provide a copy of the | 15 | | notice to the Legislative Reference Bureau; except that, the | 16 | | changes to Sections 1-106, 2-103, and 2-106 of the Illinois | 17 | | Notary Public Act take effect July 1, 2022.".
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