Public Act 100-0440
 
SB1459 EnrolledLRB100 11203 HLH 21512 b



    AN ACT concerning State 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 
adding Section 1-105 as follows:
 
    (5 ILCS 312/1-105 new)
    Sec. 1-105. Notarization Task Force on Best Practices and 
Verification Standards to Implement Electronic Notarization.
    (a) The General Assembly finds and declares that:
        (1) As more and more citizens throughout the State of 
    Illinois rely on electronic devices they also increasingly 
    depend on electronic documentation.  Any assertion that 
    e-mails or word processing documents are necessarily 
    "informal and not legally binding" has been dispelled by 
    national legislation such as the federal "E-Sign" law in 
    2000 and the Uniform Electronic Transactions Act, which has 
    been virtually universally adopted throughout the United 
    States. Increasingly, laws have bestowed upon electronic 
    documents the same legal effect as paper instruments.
        (2) Moreover, institutions, businesses, and commerce 
    have gradually put more of their faith in electronic 
    commerce and information technology in order to facilitate 
    formal and informal interactions that are oftentimes 
    mission-critical and sensitive. In order to meet the 
    growing demand for electronic commerce that is both 
    convenient and secure, understanding the processes and 
    technology is critical and the need for an electronic or 
    remote notarization - the process of notarizing a signature 
    on an electronic document by electronic methods - is 
    becoming a necessity.
    (b) As used in this Section, "Task Force" means the 
Notarization Task Force on Best Practices and Verification 
Standards to Implement Electronic Notarization.
    (c) There is created a Notarization Task Force on Best 
Practices and Verification Standards to Implement Electronic 
Notarization to review and report on national standards for 
best practices in relation to electronic notarization, 
including security concerns and fraud prevention. The goal of 
the Task Force is to investigate and provide recommendations on 
national and State initiatives to implement electronic 
notarization in such a manner that increases the availability 
to notary public services, protects consumers, and maintains 
the integrity of the notarization seal and signature.
    (d) The Task Force's report shall include, but not be 
limited to, standards for an electronic signature, including 
encryption and decryption; the application process for 
electronic notarial commission; and the training of notaries on 
electronic notarization standards and best practices prior to 
the commission of an electronic notary's electronic signature. 
The report shall also evaluate and make a recommendation on 
fees for notary application and commission, on which documents 
and acts can be attested to by electronic notaries, and on 
security measures that will protect the integrity of the 
electronic notary's electronic signature, as well as standards 
that the Secretary of State may rely upon for revoking an 
electronic notarization. The report must make a recommendation 
on whether and to what extent this Act should be expanded and 
updated.
    (e) The Task Force shall meet no less than 5 times between 
the effective date of this amendatory Act of the 100th General 
Assembly and December 31, 2019. The Task Force shall prepare a 
report that summarizes its work and makes recommendations 
resulting from its review. The Task Force shall submit the 
report of its findings and recommendations to the Governor and 
the General Assembly no later than June 30, 2020.
    (f) The Task Force shall consist of the following 17 
members:
        (1) one member appointed by the Secretary of State from 
    the Index Department of the Office of the Secretary of 
    State;
        (2) one member appointed by the Secretary of State from 
    the Department of Information Technology of the Office of 
    the Secretary of State;
        (3) one member appointed by the President of the 
    Senate;
        (4) one member appointed by the Minority Leader of the 
    Senate;
        (5) one member appointed by the Speaker of the House of 
    Representatives;
        (6) one member appointed by the Minority Leader of the 
    House of Representatives;
        (7) one member appointed by the Attorney General;
        (8) one member appointed by the Secretary of State from 
    nominations made by the president of a statewide 
    organization representing state's attorneys;
        (9) one member appointed by the Secretary of State from 
    nominations made by a statewide organization representing 
    attorneys;
        (10) one member appointed by the Secretary of State 
    from nominations made by an organization representing 
    attorneys in a municipality of more than 1,000,000 
    inhabitants;
        (11) one member appointed by the Secretary of State 
    from nominations made by a statewide organization 
    representing bankers;
        (12) one member appointed by the Secretary of State 
    from nominations made by a statewide organization 
    representing community bankers;
        (13) one member appointed by the Secretary of State 
    from nominations made by a statewide organization 
    representing credit unions;
        (14) one member appointed by the Secretary of State 
    from nominations made by a statewide organization 
    representing corporate fiduciaries;
        (15) one member appointed by the Secretary of State 
    from nominations made by an organization representing 
    realtors in a municipality of more than 1,000,000 
    inhabitants;
        (16) one member appointed by the Secretary of State 
    from nominations made by a statewide organization 
    representing realtors; and
        (17) one member appointed by the Secretary of State 
    from nominations made by a statewide chapter of a national 
    organization representing elder law attorneys.
    (g) The Secretary of State shall designate which member 
shall serve as chairperson and facilitate the Task Force. The 
members of the Task Force shall be appointed no later than 90 
days after the effective date of this amendatory Act of the 
100th General Assembly. Vacancies in the membership of the Task 
Force shall be filled in the same manner as the original 
appointment. The members of the Task Force shall not receive 
compensation for serving as members of the Task Force.
    (h) The Office of the Secretary of State shall provide the 
Task Force with administrative and other support.
    (i) This Section is repealed on July 1, 2020. 
 

    Section 99. Effective date. This Act takes effect July 1, 
2017.