94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4769


 
Introduced 1/18/2006, by Rep. John D'Amico
 
SYNOPSIS AS INTRODUCED:
 		














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



755 ILCS 45/2-7.8 new






755 ILCS 45/3-3.5 new






755 ILCS 45/4-10.5 new










    Amends the Illinois Notary Public Act and the Illinois Power of Attorney Act. Provides that a notary public may sign the name of a person whose signature is to be notarized if: (1) the person is legally competent; (2) the person is physically unable to sign his or her name or make a signature mark on the document; (3) the person directs the notary public to sign the person's name in the person's presence, and the person is physically present when the notary public signs the person's name; (4) the notary public's act of signing the person's name is witnessed by 2 disinterested persons; and (5) the notary public states the circumstances of the signing in the notarial certificate and writes below the signature the following statement: "Signature affixed by notary public pursuant to subsection (e) of Section 6-102 of the Illinois Notary Public Act". Provides that in accordance with those provisions, a notary public may sign a principal's name on a durable power of attorney, a power of attorney for property, or a power of attorney for health care.
















LRB094 18310 DRJ 53621 b

















 


 


A BILL FOR









 











HB4769

LRB094 18310 DRJ 53621 b






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    AN ACT concerning government.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Illinois Notary Public Act is amended  by 
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changing Section 6-102 as follows:
 



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



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    Sec. 6-102. Notarial Acts. (a) In taking an acknowledgment, 
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the notary public must determine,
either from personal 
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knowledge or from satisfactory evidence, that the
person 
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appearing before the notary and making the acknowledgment is 
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the
person whose true signature is on the instrument.

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    (b) In taking a verification upon oath or affirmation, the 
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notary
public must determine, either from personal knowledge or 
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from satisfactory
evidence, that the person appearing before 
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the notary and making the
verification is the person whose true 
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signature is on the statement verified.

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    (c) In witnessing or attesting a signature, the notary 
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public must
determine, either from personal knowledge or from 
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satisfactory evidence,
that the signature is that of the person 
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appearing before the notary and named therein.

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    (d) A notary public has satisfactory evidence that a person 
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is the
person whose true signature is on a document if that 
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person:

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        (1) is personally known to the notary;

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        (2) is identified upon the oath or affirmation of a 
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    credible witness
personally known to the notary; or

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        (3) is identified on the basis of identification 
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    documents.

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    (e) A notary public may sign the name of a person whose 
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signature is to be notarized if:
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        (1) the person is legally competent;

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        (2) the person is physically unable to sign his or her 
 


 






HB4769
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LRB094 18310 DRJ 53621 b




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    name or make a signature mark on the document;
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        (3) the person directs the notary public to sign the 
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    person's name in the person's presence, and the person is 
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    physically present when the notary public signs the 
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    person's name;
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        (4) the notary public's act of signing the person's 
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    name is witnessed by 2 disinterested persons; and
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        (5) the notary public states the circumstances of the 
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    signing in the notarial certificate and writes below the 
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    signature the following statement: "Signature affixed by 
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    notary public pursuant to subsection (e) of Section 6-102 
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    of the Illinois Notary Public Act".

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

 
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    Section 10. The Illinois Power of Attorney Act is amended  
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by adding Sections 2-7.8, 3-3.5, and 4-10.5 as follows:
 
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    (755 ILCS 45/2-7.8  new)
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    Sec. 2-7.8. Notary public's signature of principal's name. 
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A notary public may sign a principal's name on a durable power 
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of attorney in accordance with subsection (e) of Section 6-102 
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of the Illinois Notary Public Act.
 
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    (755 ILCS 45/3-3.5  new)
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    Sec. 3-3.5. Notary public's signature of principal's name. 
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A notary public may sign a principal's name on a power of 
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attorney for property in accordance with subsection (e) of 
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Section 6-102 of the Illinois Notary Public Act.
 
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    (755 ILCS 45/4-10.5  new)
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    Sec. 4-10.5. Notary public's signature of principal's 
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name. A notary public may sign a principal's name on a power of 
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attorney for health care in accordance with subsection (e) of 
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Section 6-102 of the Illinois Notary Public Act.