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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB1297
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1 AN ACT to amend the Illinois Notary Public Act by
2 changing Sections 2-101, 2-102, 2-106, 3-105, and 4-101.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Notary Public Act is amended by
6 changing Sections 2-101, 2-102, 2-106, 3-105, and 4-101 as
7 follows:
8 (5 ILCS 312/2-101) (from Ch. 102, par. 202-101)
9 Sec. 2-101. Appointment. The Secretary of State may
10 appoint and commission as notaries public for a 4-year four
11 year term as many persons resident in a county in this State
12 as he deems necessary. The Secretary of State may appoint and
13 commission as notaries public for a one-year term as many
14 persons who are residents of a State bordering Illinois whose
15 place of work or business is within a county in this State as
16 the Secretary deems necessary.
17 (Source: P.A. 84-322.)
18 (5 ILCS 312/2-102) (from Ch. 102, par. 202-102)
19 Sec. 2-102. Application. Every applicant for appointment
20 and commission as a notary shall complete an application form
21 furnished by the Secretary of State to be filed with the
22 Secretary of State, stating:
23 (a) the applicant's official name, which contains his or
24 her last name and at least the initial of the first name;
25 (b) the county in which the applicant resides or, if the
26 applicant is a resident of a state bordering Illinois, the
27 county in Illinois in which that person's principal place of
28 work or principal place of business is located;
29 (c) the applicant's residence address and business
30 address, if any, or any address at which an applicant will
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1 use a notary public commission to receive fees;
2 (d) that the applicant has resided in the State of
3 Illinois for 30 days preceding the application or that the
4 applicant who is a resident of a state bordering Illinois has
5 worked or maintained a business in Illinois for 30 days
6 preceding the application;
7 (e) that the applicant is a citizen of the United States
8 or an alien lawfully admitted for permanent residence in the
9 United States;
10 (f) that the applicant is at least 18 years of age;
11 (g) that the applicant is able to read and write the
12 English language;
13 (h) that during the past 10 years the applicant's
14 commission as notary (if any) has not been revoked;
15 (i) that the applicant has not been convicted of a
16 felony; and
17 (j) any other information the Secretary of State deems
18 necessary.
19 (Source: P.A. 85-593.)
20 (5 ILCS 312/2-106) (from Ch. 102, par. 202-106)
21 Sec. 2-106. Appointment Recorded by County Clerk. The
22 appointment of the applicant as a notary public is complete
23 when the commission is recorded with the county clerk.
24 The Secretary of State shall forward the applicant's
25 commission to the county clerk of the county in which the
26 applicant resides or, if the applicant is a resident of a
27 state bordering Illinois, the county in Illinois in which the
28 applicant's principal place of work or principal place of
29 business is located. Upon receipt thereof, the county clerk
30 shall notify the applicant of the action taken by the
31 Secretary of State, and the applicant shall either appear at
32 the county clerk's office to record the same and receive the
33 commission or request by mail to have the commission sent to
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1 the applicant with a specimen signature of the applicant
2 attached to the request. The applicant shall have a record of
3 the appointment, and the time when the commission will
4 expire, entered in the records of the office of the county
5 clerk. When the applicant appears before the county clerk,
6 the applicant shall pay a fee of $5, at which time the county
7 clerk shall then deliver the commission to the applicant.
8 If the appointment is completed by mail, the applicant
9 shall pay the county clerk a fee of $10.00, which shall be
10 submitted with the request to the county clerk. The county
11 clerk shall then record the appointment and send the
12 commission by mail to the applicant.
13 If an applicant does not respond to the notification by
14 the county clerk within 30 days, the county clerk shall again
15 notify the applicant that the county clerk has received the
16 applicant's notary public commission issued by the Secretary
17 of State. The second notice shall be in substantially the
18 following form:
19 "The records of this office indicate that you have not
20 picked up your notary public commission from the Office
21 of the County Clerk.
22 The Illinois Notary Public Law requires you to appear in
23 person in the clerk's office, record your commission, and
24 pay a fee of $5.00 to the county clerk or request that
25 your commission be mailed to you. This request must be
26 accompanied by a specimen of your signature and a $10.00
27 fee payable to the county clerk.
28 Your appointment as a notary is not complete until the
29 commission is recorded with the county clerk.
30 Furthermore, if you do not make arrangements with the
31 clerk for recording and delivery of your commission
32 within 30 days from the date of this letter, the county
33 clerk will return your commission to the Secretary of
34 State. Your commission will be cancelled and your name
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1 will be removed from the list of notaries in the State of
2 Illinois.
3 I should also like to remind you that any person who
4 attests to any document as a notary and is not a notary
5 in good standing with the Office of the Secretary of
6 State is guilty of official misconduct and may be subject
7 to a fine or imprisonment".
8 The Secretary of State shall cancel the appointment of
9 all notaries whose commissions are returned to his office by
10 the county clerks. No application fee will be refunded and no
11 bonding company is required to issue a refund when an
12 appointment is cancelled.
13 (Source: P.A. 84-322.)
14 (5 ILCS 312/3-105) (from Ch. 102, par. 203-105)
15 Sec. 3-105. Authority. A notary public shall have
16 authority to perform notarial acts throughout the State so
17 long as the notary resides in the same county in which the
18 notary was commissioned or, if the notary is a resident of a
19 state bordering Illinois, so long as the notary's principal
20 place of work or principal place of business is in the same
21 county in Illinois in which the notary was commissioned.
22 (Source: P.A. 84-322.)
23 (5 ILCS 312/4-101) (from Ch. 102, par. 204-101)
24 Sec. 4-101. Changes causing commission to cease to be in
25 effect Change of Name or Move from County. When any notary
26 public legally changes his or her name or moves from the
27 county in which he or she was commissioned or, if the notary
28 public is a resident of a state bordering Illinois, no longer
29 maintains a principal place of work or principal place of
30 business in the same county in Illinois in which he or she
31 was commissioned, the commission ceases to be in effect and
32 should be returned to the Secretary of State. These
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1 individuals who desire to again become a notary public must
2 file a new application, bond, and oath with the Secretary of
3 State.
4 (Source: P.A. 85-1209.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.