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| Public Act 099-0112 | ||||
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Notary Public Act is amended by | ||||
changing Sections 2-102 and 2-104 and by adding Section 2-102.5 | ||||
as follows:
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(5 ILCS 312/2-102) (from Ch. 102, par. 202-102)
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Sec. 2-102. Application. Every applicant for appointment | ||||
and commission as a notary shall complete
an application in a | ||||
format prescribed form furnished by the Secretary of State to | ||||
be filed with
the Secretary of State, stating:
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(a) the applicant's official name, as it appears on his or | ||||
her current driver's license or state-issued identification | ||||
card which contains his or her last name
and at least the | ||||
initial of the first name;
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(b) the county in which the applicant resides
or, if the | ||||
applicant is a resident of a state bordering Illinois, the | ||||
county
in Illinois in which that person's principal place of | ||||
work or principal place
of business is located;
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(c) the applicant's residence address, as it appears on his | ||||
or her current driver's license or state-issued identification | ||||
card, and business address, if any, or
any address at which an | ||||
applicant will use a notary public commission to
receive fees;
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(d) that the applicant has resided in the State of Illinois | ||
for 30 days
preceding the application
or that the applicant who | ||
is a resident of a state bordering Illinois has
worked or | ||
maintained a business in Illinois for 30 days preceding the
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application;
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(e) that the applicant is a citizen of the United States or | ||
an alien
lawfully admitted for permanent residence in the | ||
United States;
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(f) the applicant's date of birth that the applicant is at | ||
least 18 years of age;
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(g) that the applicant is able to read and write the | ||
English language;
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(h) that the applicant has never been the holder of a | ||
notary public appointment that was revoked or suspended
during | ||
the past 10 years;
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(i) that the applicant has not been convicted of a felony; | ||
and
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(i-5) that the applicant's signature authorizes the Office | ||
of the Secretary of State to conduct a verification to confirm | ||
the information provided in the application; and | ||
(j) any other information the Secretary of State deems | ||
necessary.
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(Source: P.A. 93-1001, eff. 8-23-04.)
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(5 ILCS 312/2-102.5 new) | ||
Sec. 2-102.5. Online notary public application system. | ||
(a) The Secretary of State may establish and maintain an | ||
online application system that permits an Illinois resident to | ||
apply for appointment and commission as a notary public. | ||
(b) Any such online notary public application system shall | ||
employ security measures to ensure the accuracy and integrity | ||
of notary public applications submitted electronically under | ||
this Section. | ||
(c) The Secretary of State may cross reference information | ||
provided by applicants with that contained in the Secretary of | ||
State's driver's license and Illinois Identification Card | ||
databases in order to match the information submitted by | ||
applicants, and may receive from those databases the | ||
applicant's digitized signature upon a successful match of the | ||
applicant's information with that information contained in the | ||
databases. | ||
(d) An online notary public application shall contain all | ||
of the information that is required for a paper application as | ||
provided in Section 2-102 of this Act. The applicant shall also | ||
be required to provide: | ||
(1) the applicant's full Illinois driver's license or | ||
Illinois Identification Card number; | ||
(2) the date of issuance of the Illinois driver's | ||
license or Illinois Identification Card; and | ||
(3) the applicant's e-mail address for notices to be | ||
provided under this Section. | ||
(e) For his or her application to be accepted, the | ||
applicant shall mark the box associated with the following | ||
statement included as part of the online notary public | ||
application:
"By clicking on the box below, I swear or affirm | ||
all of the following: | ||
(1) I am the person whose name and identifying | ||
information is provided on this form, and I desire to be | ||
appointed and commissioned as a notary public in the State | ||
of Illinois. | ||
(2) All the information I have provided on this form is | ||
true and correct as of the date I am submitting this form. | ||
(3) I authorize the Secretary of State to utilize my | ||
signature on file with the Secretary of State driver's | ||
license and Illinois Identification Card databases and | ||
understand that such signature will be used on this online | ||
notary public application for appointment and commission | ||
as a notary public as if I had signed this form | ||
personally." | ||
(f) Immediately upon receiving a completed online notary | ||
public application, the online system shall send by electronic | ||
mail a confirmation notice that the application has been | ||
received. Upon completion of the procedure outlined in | ||
subsection (c) of this Section, the online notary public | ||
application system shall send by electronic mail a notice | ||
informing the applicant of whether the following information | ||
has been matched with the Secretary of State driver's license | ||
and Illinois Identification Card databases: | ||
(1) that the applicant has an authentic Illinois | ||
driver's license or Illinois Identification Card issued by | ||
the Secretary of State and that the driver's license or | ||
Illinois Identification Card number provided by the | ||
applicant matches the driver's license or Illinois | ||
Identification Card number for that person on file with the | ||
Secretary of State; | ||
(2) that the date of issuance of the Illinois driver's | ||
license or Illinois Identification Card listed on the | ||
application matches the date of issuance of that license or | ||
card for that person on file with the Secretary of State; | ||
(3) that the date of birth provided by the applicant | ||
matches the date of birth for that person on file with the | ||
Secretary of State; and | ||
(4) that the residence address provided by the | ||
applicant matches the residence address for that person on | ||
file with the Secretary of State. | ||
(g) If the information provided by the applicant matches | ||
all of the criteria identified in subsection (f) of this | ||
Section, the online notary public application system shall | ||
retrieve from the Secretary of State's database files an | ||
electronic copy of the applicant's signature from his or her | ||
Illinois driver's license or Illinois Identification Card and | ||
such signature shall be deemed to be the applicant's signature | ||
on his or her online notary public application.
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(5 ILCS 312/2-104) (from Ch. 102, par. 202-104)
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Sec. 2-104. Oath. | ||
(a) Every applicant for appointment and commission as a
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notary public shall take the following oath in the presence of | ||
a person
qualified to administer an oath in this State:
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"I, (name of applicant), solemnly affirm, under the penalty
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of perjury, that the answers to all questions in this | ||
application are true,
complete, and correct; that I have | ||
carefully read the notary law of this
State; and that, if | ||
appointed and commissioned as a notary public, I will
perform | ||
faithfully, to the best of my ability, all notarial acts in
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accordance with the law.".
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(b) In the event that the applicant completes a paper | ||
application for appointment and commission as a notary public, | ||
he or she shall take the oath in the presence of a person | ||
qualified to administer an oath in this State. The printed oath | ||
shall be followed by the signature of the applicant and | ||
notarized as follows: | ||
" ................. (Signature of applicant)
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Subscribed and affirmed before me on (insert date).
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................... (Official signature and official seal | ||
of notary)".
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(c) In the event that the applicant completes an online | ||
application for appointment and commission as a notary public, | ||
he or she shall affirm the oath electronically. An electronic | ||
affirmation of the oath in the online notary public application | ||
system shall have the same force and effect as an oath sworn | ||
and affirmed in person. | ||
(Source: P.A. 91-357, eff. 7-29-99.)
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Section 10. The Illinois Vehicle Code is amended by | ||
changing Section 6-110.1 as follows:
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(625 ILCS 5/6-110.1)
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Sec. 6-110.1. Confidentiality of captured photographs or | ||
images. The
Secretary of State shall maintain a file on or | ||
contract to file all photographs
and signatures obtained in the | ||
process of issuing a driver's license, permit,
or | ||
identification card. The photographs and signatures shall be | ||
confidential
and shall not be disclosed except to the following | ||
persons:
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(1) the individual upon written request;
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(2) officers and employees of the Secretary of State | ||
who have a need
to have access to the stored images for | ||
purposes of issuing and controlling
driver's licenses, | ||
permits, or identification cards;
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(3) law enforcement officials for a lawful civil or | ||
criminal
law enforcement investigation;
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(3-5) the State Board of Elections for the sole purpose | ||
of providing the signatures required by a local election | ||
authority to register a voter through an online voter | ||
registration system; or | ||
(3-10) officers and employees of the Secretary of State | ||
who have a need to have access to the stored images for | ||
purposes of issuing and controlling notary public | ||
commissions and for the purpose of providing the signatures | ||
required to process online applications for appointment | ||
and commission as notaries public; or
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(4) other entities that the Secretary may exempt by | ||
rule.
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(Source: P.A. 98-115, eff. 7-29-13.)
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