Public Act 100-0809
 
SB3443 EnrolledLRB100 15693 RJF 30795 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, 4-101, 6-104, 7-101, and 7-108 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 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;

        (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;

        (c-5)   the applicant's business address if different 
    than the applicant's residence address, if performing 
    notarial acts constitutes any portion of the applicant's 
    job duties; 
        (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;

        (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    notary public appointment that was revoked or suspended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;

        (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, 
    including a criminal background check of the applicant, if 
    necessary; and 
        (j) any other information the Secretary of State deems 
    necessary.

(Source: P.A. 99-112, eff. 1-1-16.)

 



    (5 ILCS 312/4-101)  (from Ch. 102, par. 204-101)



    Sec. 4-101. Changes causing commission to cease to be in 
effect. When any notary public legally changes his or her name, 
changes his or her business address without notifying the Index 
Department of the Secretary of State in writing within 30 days 
thereof, or moves from the
county in which he or she was 
commissioned
or, if the notary public is a resident of a state 
bordering Illinois, no
longer maintains a principal place of 
work or principal place of business in
the same county in 
Illinois in which he or she was commissioned, the
commission of 
that notary
ceases to be in effect. When the commission of a 
notary public ceases to be in effect, his or her notarial seal 
shall and should be surrendered returned to the Secretary of 
State, and his or her certificate of notarial commission shall 
be destroyed.
These individuals who desire to again become a 
notary public must file a new
application, bond, and oath with 
the Secretary of State.

(Source: P.A. 91-818, eff. 6-13-00.)

 


    (5 ILCS 312/6-104)  (from Ch. 102, par. 206-104)




    Sec. 6-104. Acts prohibited. 
    (a) A notary public shall not use any name or initial in 
signing
certificates other than that by which the notary was 
commissioned.

    (b) A notary public shall not acknowledge any instrument in 
which the
notary's name appears as a party to the transaction.

    (c) A notary public shall not affix his signature to a 
blank form of
affidavit or certificate of acknowledgment.

    (d) A notary public shall not take the acknowledgment of or 
administer
an oath to any person whom the notary actually knows 
to have been adjudged
mentally ill by a court of competent 
jurisdiction and who has not been
restored to mental health as 
a matter of record.

    (e) A notary public shall not take the acknowledgment of 
any person who
is blind until the notary has read the 
instrument to such person.

    (f) A notary public shall not take the acknowledgment of 
any person who
does not speak or understand the English 
language, unless the nature and
effect of the instrument to be 
notarized is translated into a language
which the person does 
understand.

    (g) A notary public shall not change anything in a written 
instrument
after it  has been signed by anyone.

    (h) No notary public shall be authorized to prepare any 
legal
instrument, or fill in the blanks of an instrument, other 
than a notary
certificate; however, this prohibition shall not 
prohibit an attorney,
who is also a notary public, from 
performing notarial acts for any document
prepared by that 
attorney.

    (i) If a notary public accepts or receives any money from 
any one to
whom an oath has been administered or on behalf of 
whom an acknowledgment
has been taken for the purpose of 
transmitting or forwarding such money to
another and willfully 
fails to transmit or forward such money promptly, the
notary is 
personally liable for any loss sustained because of such 
failure.
The person or persons damaged by such failure may 
bring an action to
recover damages, together with interest and 
reasonable attorney fees,
against such notary public or his 
bondsmen.

    (j)   A notary public shall not perform any notarial act when 
his or her commission is suspended or revoked, nor shall he or 
she fail to comply with any term of suspension which may be 
imposed for violation of this Section. 
(Source: P.A. 100-81, eff. 1-1-18.)

 



    (5 ILCS 312/7-101)  (from Ch. 102, par. 207-101)



    Sec. 7-101. Liability of Notary and Surety. A notary public 
and the surety on the notary's bond are liable to the
persons 
involved for all damages caused by the notary's official 
misconduct. Upon the filing of any claim against a notary 
public, the entity that has issued the bond for the notary 
shall notify the Secretary of State of whether payment was made 
and the circumstances which led to the claim. 

(Source: P.A. 84-322.)

 



    (5 ILCS 312/7-108)  (from Ch. 102, par. 207-108)



    Sec. 7-108. Reprimand, Suspension, and Revocation of 
Commission. 
    (a) The Secretary of State may revoke the commission of any 
notary public who,
during the current term of appointment:

        (1) (a) submits an application for commission and 
    appointment as a notary
public which contains substantial 
    and material misstatement or omission of fact; or

        (2) (b) is convicted of any felony, misdemeanors, 
    including those defined in Part C, Articles 16, 17, 18, 19, 
    and 21, and Part E, Articles 31, 32, and 33 of the Criminal 
    Code of 2012, or official misconduct under this Act.

    (b)   Whenever the Secretary of State believes that a 
violation of this Article has occurred, he or she may 
investigate any such violation. The Secretary may also 
investigate possible violations of this Article upon a signed 
written complaint on a form designated by the Secretary.
    (c)   A notary's failure to cooperate or respond to an 
investigation by the Secretary of State is a failure by the 
notary to fully and faithfully discharge the responsibilities 
and duties of a notary and shall result in suspension or 
revocation of the notary's commission.
    (d)   All written complaints which on their face appear to 
establish facts which, if proven true, would constitute an act 
of misrepresentation or fraud in notarization or on the part of 
the notary shall be investigated by the Secretary of State to 
determine whether cause exists to reprimand, suspend, or revoke 
the commission of the notary.
    (e)  The Secretary of State may deliver a written official 
warning and reprimand to a notary, or may revoke or suspend a 
notary's commission, for any of the following:
        (1)     a notary's official misconduct, as defined under 
    Section 7-104;
        (2)     any ground for which an application for appointment 
    as a notary may be denied for failure to complete 
    application requirements as provided under Section 2-102;
        (3)     any prohibited act provided under Section 6-104; or
        (4)     a violation of any provision of the general 
    statutes.
    (f)   After investigation and upon a determination by the 
Secretary of State that one or more prohibited acts has been 
performed in the notarization of a document, the Secretary 
shall, after considering the extent of the prohibited act and 
the degree of culpability of the notary, order one or more of 
the following courses of action:
        (1)   issue a letter of warning to the notary, including 
    the Secretary's findings;
        (2)   order suspension of the commission of the notary 
    for a period of time designated by the Secretary;
        (3)   order revocation of the commission of the notary;
        (4)   refer the allegations to the appropriate State's 
    Attorney's Office or the Attorney General for criminal 
    investigation; or
        (5)   refer the allegations to the Illinois Attorney 
    Registration and Disciplinary Commission for disciplinary 
    proceedings.
    (g)   After a notary receives notice from the Secretary of 
State that his or her commission has been revoked, that notary 
shall immediately deliver his or her official seal to the 
Secretary.
    (h)   A notary whose appointment has been revoked due to a 
violation of this Act shall not be eligible for a new 
commission as a notary public in this State for a period of at 
least 5 years from the date of the final revocation.
    (i)   A notary may voluntarily resign from appointment by 
notifying the Secretary of State in writing of his or her 
intention to do so, and by physically returning his or her 
stamp to the Secretary. A voluntary resignation shall not stop 
or preclude any investigation into a notary's conduct, or 
prevent further suspension or revocation by the Secretary, who 
may pursue any such investigation to a conclusion and issue any 
finding.
    (j)      Upon a determination by a sworn law enforcement officer 
that the allegations raised by the complaint are founded, and 
the notary has received notice of suspension or revocation from 
the Secretary of State, the notary is entitled to an 
administrative hearing.
    (k)   The Secretary of State shall adopt administrative 
hearing rules applicable to this Section that are consistent 
with the Illinois Administrative Procedure Act. 
(Source: P.A. 84-322.)

 
 
    Section 99. Effective date. This Act takes effect January 
1, 2019.