SB1573 104TH GENERAL ASSEMBLY

LRB104 09572 BDA 19635 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1573

Introduced 2/4/2025, by Sen. Li Arellano, Jr.

SYNOPSIS AS INTRODUCED:

5 ILCS 312/2-103	from Ch. 102, par. 202-103
5 ILCS 312/2-105	from Ch. 102, par. 202-105

Amends the Illinois Notary Public Act. Provides that a fee of $25 for a commission as an electronic notary public shall be waived for a period of 2 years. Provides that a bond of $25,000 for a commission as an electronic notary shall be waived for a period of 2 years, except that a bond of $5,000 shall still be required. Effective immediately.

A BILL FOR

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 2-103 and 2-105 as follows:

(5 ILCS 312/2-103) (from Ch. 102, par. 202-103)

Sec. 2-103. Appointment fee.

(a) Every applicant for appointment and commission as a notary public shall pay to the Secretary of State a fee of $15. Ten dollars from each applicant fee shall be deposited in the General Revenue Fund. Five dollars from each applicant fee shall be deposited in the Electronic Notarization Fund.

(b) Every applicant for a commission as an electronic notary public shall pay to the Secretary of State a fee of $25. This fee is in addition to the fee proscribed for a commission as a notary public and shall be deposited in the Electronic Notarization Fund.

(b-5) The fee under subsection (b) shall be waived and shall not be paid or collected. This subsection is inoperative on and after the date 2 years after the effective date of this amendatory Act of the 104th General Assembly.

(c) The changes made to this Section by this amendatory Act of the 102nd General Assembly are effective on and after July 1, 2022.

(Source: P.A. 102-160, eff. 7-1-22.)

(5 ILCS 312/2-105) (from Ch. 102, par. 202-105)

Sec. 2-105. Bond.

(a) Every application for appointment and commission as a notary public shall be accompanied by or logically associated with an executed bond commencing on the date of the appointment with a term of 4 years, in the sum of $5,000, with, as surety thereon, a company qualified to write surety bonds in this State. The bond shall be conditioned upon the faithful performance of all notarial acts in accordance with this Act. The Secretary of State may prescribe an official bond form.

(b) A notary public that performs notarizations either remotely or electronically and by means of audio-video communication shall obtain and maintain a surety bond in the amount of $25,000 from a surety or insurance company licensed to do business in this State, and this bond shall be exclusively conditioned on the faithful performance of remote notarial acts or electronic notarial acts by means of audio-video communication. When a notary is required to hold both the $5,000 bond and the $25,000 bond, one bond totaling $30,000 shall satisfy the provisions of this Section.

(b-5) The bond in the amount of $25,000 under subsection (b) shall be waived and shall not be required, except that the total bond required shall be $5,000. This subsection is inoperative on and after the date 2 years after the effective date of this amendatory Act of the 104th General Assembly.

(c) The bonding company issuing the bond to a notary public or an electronic notary public shall submit verification of the bond information for the notary to the Secretary of State in a format prescribed by the Secretary of State.

(Source: P.A. 102-160, eff. 6-5-23 (See Section 91 of P.A. 103-562 for effective date of P.A. 102-160).)

Section 99. Effective date. This Act takes effect upon becoming law.