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91_HB2659 LRB9102879MWgc 1 AN ACT to amend the Illinois Notary Public Act by 2 changing Section 2-106. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Notary Public Act is amended by 6 changing Section 2-106 as follows: 7 (5 ILCS 312/2-106) (from Ch. 102, par. 202-106) 8 Sec. 2-106. Appointment Recorded by County Clerk. The 9 appointment of the applicant as a notary public is complete 10 when the commission is recorded with the county clerk. 11 The Secretary of State shall forward the applicant's 12 commission to the county clerk of the county in which the 13 applicant resides or; for nonresidents, the county in which 14 the applicant is employed. Upon receipt thereof, the county 15 clerk shall notify the applicant of the action taken by the 16 Secretary of State, and the applicant shall either appear at 17 the county clerk's office to record the same and receive the 18 commission or request by mail to have the commission sent to 19 the applicant with a specimen signature of the applicant 20 attached to the request. The applicant shall have a record of 21 the appointment, and the time when the commission will 22 expire, entered in the records of the office of the county 23 clerk.When the applicant appears before the county clerk,24the applicant shall pay a fee of $5, at which time the county25clerk shall then deliver the commission to the applicant.26If the appointment is completed by mail,The applicant 27 shall pay the county clerk a fee of $10.00, which shall be28submitted with the request to the county clerk. The county 29 clerk shall then record the appointment and deliversendthe 30 commission by mail to the applicant. 31 If an applicant does not respond to the notification by -2- LRB9102879MWgc 1 the county clerk within 30 days, the county clerk shall again 2 notify the applicant that the county clerk has received the 3 applicant's notary public commission issued by the Secretary 4 of State. The second notice shall be in substantially the 5 following form: 6 "The records of this office indicate that you have not 7 picked up your notary public commission from the Office 8 of the County Clerk. 9 The Illinois Notary Public Law requires you to appear in 10 person in the clerk's office, record your commission, and11pay a fee of $5.00 to the county clerkor request that 12 your commission be mailed to you. YouThis requestmust 13 submitbe accompanied bya specimen of your signature and 14 a $10.00 fee payable to the county clerk. 15 Your appointment as a notary is not complete until the 16 commission is recorded with the county clerk. 17 Furthermore, if you do not make arrangements with the 18 clerk for recording and delivery of your commission 19 within 30 days from the date of this letter, the county 20 clerk will return your commission to the Secretary of 21 State. Your commission will be cancelled and your name 22 will be removed from the list of notaries in the State of 23 Illinois. 24 I should also like to remind you that any person who 25 attests to any document as a notary and is not a notary 26 in good standing with the Office of the Secretary of 27 State is guilty of official misconduct and may be subject 28 to a fine or imprisonment". 29 The Secretary of State shall cancel the appointment of 30 all notaries whose commissions are returned to his office by 31 the county clerks. No application fee will be refunded and no 32 bonding company is required to issue a refund when an 33 appointment is cancelled. 34 (Source: P.A. 84-322.)