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notary public appointment that was revoked or suspended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.)