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Public Act 91-0818
SB1297 Enrolled LRB9110123SMdv
AN ACT to amend the Illinois Notary Public Act by
changing Sections 2-101, 2-102, 2-106, 3-105, and 4-101.
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 2-101, 2-102, 2-106, 3-105, and 4-101 as
follows:
(5 ILCS 312/2-101) (from Ch. 102, par. 202-101)
Sec. 2-101. Appointment. The Secretary of State may
appoint and commission as notaries public for a 4-year four
year term as many persons resident in a county in this State
as he deems necessary. The Secretary of State may appoint and
commission as notaries public for a one-year term as many
persons who are residents of a state bordering Illinois whose
place of work or business is within a county in this State as
the Secretary deems necessary, but only if the laws of that
state authorize residents of Illinois to be appointed and
commissioned as notaries public in that state.
(Source: P.A. 84-322.)
(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 form
furnished by the Secretary of State to be filed with the
Secretary of State, stating:
(a) the applicant's official name, 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 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) 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 during the past 10 years the applicant's
commission as notary (if any) has not been revoked;
(i) that the applicant has not been convicted of a
felony; and
(j) any other information the Secretary of State deems
necessary.
(Source: P.A. 85-593.)
(5 ILCS 312/2-106) (from Ch. 102, par. 202-106)
Sec. 2-106. Appointment Recorded by County Clerk. The
appointment of the applicant as a notary public is complete
when the commission is recorded with the county clerk.
The Secretary of State shall forward the applicant's
commission to the county clerk of 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 the
applicant's principal place of work or principal place of
business is located. Upon receipt thereof, the county clerk
shall notify the applicant of the action taken by the
Secretary of State, and the applicant shall either appear at
the county clerk's office to record the same and receive the
commission or request by mail to have the commission sent to
the applicant with a specimen signature of the applicant
attached to the request. The applicant shall have a record of
the appointment, and the time when the commission will
expire, entered in the records of the office of the county
clerk. When the applicant appears before the county clerk,
the applicant shall pay a fee of $5, at which time the county
clerk shall then deliver the commission to the applicant.
If the appointment is completed by mail, the applicant
shall pay the county clerk a fee of $10.00, which shall be
submitted with the request to the county clerk. The county
clerk shall then record the appointment and send the
commission by mail to the applicant.
If an applicant does not respond to the notification by
the county clerk within 30 days, the county clerk shall again
notify the applicant that the county clerk has received the
applicant's notary public commission issued by the Secretary
of State. The second notice shall be in substantially the
following form:
"The records of this office indicate that you have not
picked up your notary public commission from the Office
of the County Clerk.
The Illinois Notary Public Law requires you to appear in
person in the clerk's office, record your commission, and
pay a fee of $5.00 to the county clerk or request that
your commission be mailed to you. This request must be
accompanied by a specimen of your signature and a $10.00
fee payable to the county clerk.
Your appointment as a notary is not complete until the
commission is recorded with the county clerk.
Furthermore, if you do not make arrangements with the
clerk for recording and delivery of your commission
within 30 days from the date of this letter, the county
clerk will return your commission to the Secretary of
State. Your commission will be cancelled and your name
will be removed from the list of notaries in the State of
Illinois.
I should also like to remind you that any person who
attests to any document as a notary and is not a notary
in good standing with the Office of the Secretary of
State is guilty of official misconduct and may be subject
to a fine or imprisonment".
The Secretary of State shall cancel the appointment of
all notaries whose commissions are returned to his office by
the county clerks. No application fee will be refunded and no
bonding company is required to issue a refund when an
appointment is cancelled.
(Source: P.A. 84-322.)
(5 ILCS 312/3-105) (from Ch. 102, par. 203-105)
Sec. 3-105. Authority. A notary public shall have
authority to perform notarial acts throughout the State so
long as the notary resides in the same county in which the
notary was commissioned or, if the notary is a resident of a
state bordering Illinois, so long as the notary's principal
place of work or principal place of business is in the same
county in Illinois in which the notary was commissioned.
(Source: P.A. 84-322.)
(5 ILCS 312/4-101) (from Ch. 102, par. 204-101)
Sec. 4-101. Changes causing commission to cease to be in
effect Change of Name or Move from County. When any notary
public legally changes his or her name or moves from the
county in which he or she was commissioned or, if the notary
public is a resident of a state bordering Illinois, no longer
maintains a principal place of work or principal place of
business in the same county in Illinois in which he or she
was commissioned, the commission ceases to be in effect and
should be returned to the Secretary of State. These
individuals who desire to again become a notary public must
file a new application, bond, and oath with the Secretary of
State.
(Source: P.A. 85-1209.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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