Illinois General Assembly - Full Text of Public Act 099-0112
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Public Act 099-0112


 

Public Act 0112 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0112
 
HB2797 EnrolledLRB099 03997 JLK 29189 b

    AN ACT concerning government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    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:
 
    (5 ILCS 312/2-102)  (from Ch. 102, par. 202-102)
    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:
    (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;
    (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;
    (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;
    (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
application;
    (e) that the applicant is a citizen of the United States or
an alien lawfully admitted for permanent residence in the
United States;
    (f) the applicant's date of birth that the applicant is at
least 18 years of age;
    (g) that the applicant is able to read and write the
English language;
    (h) that the applicant has never been the holder of a
notary public appointment that was revoked or suspended during
the past 10 years;
    (i) that the applicant has not been convicted of a felony;
and
    (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.
(Source: P.A. 93-1001, eff. 8-23-04.)
 
    (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.
 
    (5 ILCS 312/2-104)  (from Ch. 102, par. 202-104)
    Sec. 2-104. Oath.
    (a) Every applicant for appointment and commission as a
notary public shall take the following oath in the presence of
a person qualified to administer an oath in this State:
    "I, (name of applicant), solemnly affirm, under the penalty
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
accordance with the law.".
    (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)
    Subscribed and affirmed before me on (insert date).
    ................... (Official signature and official seal
of notary)".
    (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.)
 
    Section 10. The Illinois Vehicle Code is amended by
changing Section 6-110.1 as follows:
 
    (625 ILCS 5/6-110.1)
    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:
        (1) the individual upon written request;
        (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;
        (3) law enforcement officials for a lawful civil or
    criminal law enforcement investigation;
        (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
        (4) other entities that the Secretary may exempt by
    rule.
(Source: P.A. 98-115, eff. 7-29-13.)

Effective Date: 1/1/2016