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91_SB1297eng SB1297 Engrossed LRB9110123SMdv 1 AN ACT to amend the Illinois Notary Public Act by 2 changing Sections 2-101, 2-102, 2-106, 3-105, and 4-101. 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 Sections 2-101, 2-102, 2-106, 3-105, and 4-101 as 7 follows: 8 (5 ILCS 312/2-101) (from Ch. 102, par. 202-101) 9 Sec. 2-101. Appointment. The Secretary of State may 10 appoint and commission as notaries public for a 4-yearfour11yearterm as many persons resident in a county in this State 12 as he deems necessary. The Secretary of State may appoint and 13 commission as notaries public for a one-year term as many 14 persons who are residents of a state bordering Illinois whose 15 place of work or business is within a county in this State as 16 the Secretary deems necessary, but only if the laws of that 17 state authorize residents of Illinois to be appointed and 18 commissioned as notaries public in that state. 19 (Source: P.A. 84-322.) 20 (5 ILCS 312/2-102) (from Ch. 102, par. 202-102) 21 Sec. 2-102. Application. Every applicant for appointment 22 and commission as a notary shall complete an application form 23 furnished by the Secretary of State to be filed with the 24 Secretary of State, stating: 25 (a) the applicant's official name, which contains his or 26 her last name and at least the initial of the first name; 27 (b) the county in which the applicant resides or, if the 28 applicant is a resident of a state bordering Illinois, the 29 county in Illinois in which that person's principal place of 30 work or principal place of business is located; SB1297 Engrossed -2- LRB9110123SMdv 1 (c) the applicant's residence address and business 2 address, if any, or any address at which an applicant will 3 use a notary public commission to receive fees; 4 (d) that the applicant has resided in the State of 5 Illinois for 30 days preceding the application or that the 6 applicant who is a resident of a state bordering Illinois has 7 worked or maintained a business in Illinois for 30 days 8 preceding the application; 9 (e) that the applicant is a citizen of the United States 10 or an alien lawfully admitted for permanent residence in the 11 United States; 12 (f) that the applicant is at least 18 years of age; 13 (g) that the applicant is able to read and write the 14 English language; 15 (h) that during the past 10 years the applicant's 16 commission as notary (if any) has not been revoked; 17 (i) that the applicant has not been convicted of a 18 felony; and 19 (j) any other information the Secretary of State deems 20 necessary. 21 (Source: P.A. 85-593.) 22 (5 ILCS 312/2-106) (from Ch. 102, par. 202-106) 23 Sec. 2-106. Appointment Recorded by County Clerk. The 24 appointment of the applicant as a notary public is complete 25 when the commission is recorded with the county clerk. 26 The Secretary of State shall forward the applicant's 27 commission to the county clerk of the county in which the 28 applicant resides or, if the applicant is a resident of a 29 state bordering Illinois, the county in Illinois in which the 30 applicant's principal place of work or principal place of 31 business is located. Upon receipt thereof, the county clerk 32 shall notify the applicant of the action taken by the 33 Secretary of State, and the applicant shall either appear at SB1297 Engrossed -3- LRB9110123SMdv 1 the county clerk's office to record the same and receive the 2 commission or request by mail to have the commission sent to 3 the applicant with a specimen signature of the applicant 4 attached to the request. The applicant shall have a record of 5 the appointment, and the time when the commission will 6 expire, entered in the records of the office of the county 7 clerk. When the applicant appears before the county clerk, 8 the applicant shall pay a fee of $5, at which time the county 9 clerk shall then deliver the commission to the applicant. 10 If the appointment is completed by mail, the applicant 11 shall pay the county clerk a fee of $10.00, which shall be 12 submitted with the request to the county clerk. The county 13 clerk shall then record the appointment and send the 14 commission by mail to the applicant. 15 If an applicant does not respond to the notification by 16 the county clerk within 30 days, the county clerk shall again 17 notify the applicant that the county clerk has received the 18 applicant's notary public commission issued by the Secretary 19 of State. The second notice shall be in substantially the 20 following form: 21 "The records of this office indicate that you have not 22 picked up your notary public commission from the Office 23 of the County Clerk. 24 The Illinois Notary Public Law requires you to appear in 25 person in the clerk's office, record your commission, and 26 pay a fee of $5.00 to the county clerk or request that 27 your commission be mailed to you. This request must be 28 accompanied by a specimen of your signature and a $10.00 29 fee payable to the county clerk. 30 Your appointment as a notary is not complete until the 31 commission is recorded with the county clerk. 32 Furthermore, if you do not make arrangements with the 33 clerk for recording and delivery of your commission 34 within 30 days from the date of this letter, the county SB1297 Engrossed -4- LRB9110123SMdv 1 clerk will return your commission to the Secretary of 2 State. Your commission will be cancelled and your name 3 will be removed from the list of notaries in the State of 4 Illinois. 5 I should also like to remind you that any person who 6 attests to any document as a notary and is not a notary 7 in good standing with the Office of the Secretary of 8 State is guilty of official misconduct and may be subject 9 to a fine or imprisonment". 10 The Secretary of State shall cancel the appointment of 11 all notaries whose commissions are returned to his office by 12 the county clerks. No application fee will be refunded and no 13 bonding company is required to issue a refund when an 14 appointment is cancelled. 15 (Source: P.A. 84-322.) 16 (5 ILCS 312/3-105) (from Ch. 102, par. 203-105) 17 Sec. 3-105. Authority. A notary public shall have 18 authority to perform notarial acts throughout the State so 19 long as the notary resides in the same county in which the 20 notary was commissioned or, if the notary is a resident of a 21 state bordering Illinois, so long as the notary's principal 22 place of work or principal place of business is in the same 23 county in Illinois in which the notary was commissioned. 24 (Source: P.A. 84-322.) 25 (5 ILCS 312/4-101) (from Ch. 102, par. 204-101) 26 Sec. 4-101. Changes causing commission to cease to be in 27 effectChange of Name or Move from County. When any notary 28 public legally changes his or her name or moves from the 29 county in which he or she was commissioned or, if the notary 30 public is a resident of a state bordering Illinois, no longer 31 maintains a principal place of work or principal place of 32 business in the same county in Illinois in which he or she SB1297 Engrossed -5- LRB9110123SMdv 1 was commissioned, the commission ceases to be in effect and 2 should be returned to the Secretary of State. These 3 individuals who desire to again become a notary public must 4 file a new application, bond, and oath with the Secretary of 5 State. 6 (Source: P.A. 85-1209.) 7 Section 99. Effective date. This Act takes effect upon 8 becoming law.