Illinois General Assembly - Full Text of SB2664
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Full Text of SB2664  102nd General Assembly


Rep. Stephanie A. Kifowit

Filed: 5/4/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 2664 as follows:
3on 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
6Notarization Fund is created as a special fund in the State
7treasury. Moneys in the Electronic Notarization Fund during
8the preceding calendar year, shall be distributed, subject to
9appropriation, to the Secretary of State to fund the
10Department of Index's implementation and maintenance of the
11electronic notarization commissions. This Section is effective
12on and after July 1, 2022."; and
13on page 13, by replacing lines 20 through 26 with the
15    "(d) Electronic notarial acts. Before an electronic notary



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1public performs an electronic notarial act using audio-video
2communication, he or she must be granted an electronic notary
3public commission by the Secretary of State under this
4Section, and identify the technology that the electronic
5notary public intends to use, which must be approved by the
6Secretary of State."; and
7on page 22, by deleting lines 2 through 9; and
8by replacing line 22 on page 26 through line 1 on page 27 with
9the following:
10    "(e) Certificate of electronic notarial act. An electronic
11notary public shall attach his or her electronic signature and
12electronic seal with the electronic notarial certificate of an
13electronic document in a manner that is capable of independent
14verification and renders any subsequent change or modification
15to the electronic document evident."; and
16on page 35, by replacing lines 10 through 16 with the
18    "(b) Except as provided under subsection (c), an
19electronic notary public who is physically located in this
20State may perform an electronic notarial act using
21communication technology in accordance with this Article and
22any rules adopted by the Secretary of State for a remotely
23located individual who is physically located: (i) in this



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1State; or (ii) outside of this State, but not outside the
2United States.
3    (c) Notwithstanding subsection (b), an electronic notary
4public may perform an electronic notarial act for a remotely
5located individual outside of the United States if the record
6is to be filed with or relates to a matter before a public
7official or court, governmental entity, or other entity
8subject to the jurisdiction of the United States or involves
9property located in the territorial jurisdiction of the United
10States or involves a transaction substantially connected with
11the United States."; and
12on page 42, by replacing lines 15 through 19 with the
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
18by replacing line 24 on page 42 through line 1 on page 43 with
19the 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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1on 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
6by replacing line 26 on page 45 through line 5 on page 46 with
7the following:
8    "(o) A notary public shall not sell, rent, transfer, or
9otherwise make available to a third party, other than the
10electronic notarization platform, the contents of the notarial
11journal, audio video recordings, or any other record
12associated with any notarial act, including personally
13identifiable information, except when required by law, law
14enforcement, the Secretary of State, or a court order. Upon
15written request of a third party, which request must include
16the name of the parties, the type of document, and the month
17and year in which a record was notarized, a notary public may
18supply a copy of the line item representing the requested
19transaction after personally identifying information has been
20redacted."; and
21by replacing line 24 on page 54 through line 5 on page 55 with
22the following:
23    "(c) At the time of an electronic notarial act, an
24electronic notary public shall electronically sign every



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1electronic notarial certificate and electronically affix the
2electronic seal clearly and legibly, so that it is capable of
3photographic reproduction. The illegibility of any of the
4information required under this Section does not affect the
5validity of a transaction."; and
6on page 70, by replacing lines 11 through 20 with the
8    "Section 99. Effective date. This Act takes effect on the
9later of: (1) January 1, 2022; or (2) the date on which the
10Office of the Secretary of State files with the Index
11Department of the Office of the Secretary of State a notice
12that the Office of the Secretary of State has adopted the rules
13necessary to implement this Act, and upon the filing of the
14notice, the Index Department shall provide a copy of the
15notice to the Legislative Reference Bureau; except that, the
16changes to Sections 1-106, 2-103, and 2-106 of the Illinois
17Notary Public Act take effect July 1, 2022.".