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| Public Act 100-0809
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| SB3443 Enrolled | LRB100 15693 RJF 30795 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 |
changing Sections 2-102, 4-101, 6-104, 7-101, and 7-108 as |
follows:
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(5 ILCS 312/2-102) (from Ch. 102, par. 202-102)
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Sec. 2-102. Application. Every applicant for appointment |
and commission as a notary shall complete
an application in a |
format prescribed by the Secretary of State to be filed with
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the Secretary of State, stating:
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(a) the applicant's official name, as it appears on his |
or her current driver's license or state-issued |
identification card;
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(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;
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(c) the applicant's residence address, as it appears on |
his or her current driver's license or state-issued |
identification card, and business address, if any;
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(c-5) the applicant's business address if different |
than the applicant's residence address, if performing |
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notarial acts constitutes any portion of the applicant's |
job duties; |
(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;
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(e) that the applicant is a citizen of the United |
States or an alien
lawfully admitted for permanent |
residence in the United States;
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(f) the applicant's date of birth;
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(g) that the applicant is able to read and write the |
English language;
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(h) that the applicant has never been the holder of a |
notary public appointment that was revoked or suspended
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during the past 10 years;
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(i) that the applicant has not been convicted of a |
felony;
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(i-5) that the applicant's signature authorizes the |
Office of the Secretary of State to conduct a verification |
to confirm the information provided in the application, |
including a criminal background check of the applicant, if |
necessary; and |
(j) any other information the Secretary of State deems |
necessary.
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(Source: P.A. 99-112, eff. 1-1-16.)
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(5 ILCS 312/4-101) (from Ch. 102, par. 204-101)
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Sec. 4-101. Changes causing commission to cease to be in |
effect. When any notary public legally changes his or her name, |
changes his or her business address without notifying the Index |
Department of the Secretary of State in writing within 30 days |
thereof, 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 of |
that notary
ceases to be in effect. When the commission of a |
notary public ceases to be in effect, his or her notarial seal |
shall and should be surrendered returned to the Secretary of |
State, and his or her certificate of notarial commission shall |
be destroyed.
These individuals who desire to again become a |
notary public must file a new
application, bond, and oath with |
the Secretary of State.
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(Source: P.A. 91-818, eff. 6-13-00.)
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(5 ILCS 312/6-104) (from Ch. 102, par. 206-104)
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Sec. 6-104. Acts prohibited. |
(a) A notary public shall not use any name or initial in |
signing
certificates other than that by which the notary was |
commissioned.
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(b) A notary public shall not acknowledge any instrument in |
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which the
notary's name appears as a party to the transaction.
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(c) A notary public shall not affix his signature to a |
blank form of
affidavit or certificate of acknowledgment.
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(d) A notary public shall not take the acknowledgment of or |
administer
an oath to any person whom the notary actually knows |
to have been adjudged
mentally ill by a court of competent |
jurisdiction and who has not been
restored to mental health as |
a matter of record.
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(e) A notary public shall not take the acknowledgment of |
any person who
is blind until the notary has read the |
instrument to such person.
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(f) A notary public shall not take the acknowledgment of |
any person who
does not speak or understand the English |
language, unless the nature and
effect of the instrument to be |
notarized is translated into a language
which the person does |
understand.
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(g) A notary public shall not change anything in a written |
instrument
after it has been signed by anyone.
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(h) No notary public shall be authorized to prepare any |
legal
instrument, or fill in the blanks of an instrument, other |
than a notary
certificate; however, this prohibition shall not |
prohibit an attorney,
who is also a notary public, from |
performing notarial acts for any document
prepared by that |
attorney.
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(i) If a notary public accepts or receives any money from |
any one to
whom an oath has been administered or on behalf of |
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whom an acknowledgment
has been taken for the purpose of |
transmitting or forwarding such money to
another and willfully |
fails to transmit or forward such money promptly, the
notary is |
personally liable for any loss sustained because of such |
failure.
The person or persons damaged by such failure may |
bring an action to
recover damages, together with interest and |
reasonable attorney fees,
against such notary public or his |
bondsmen.
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(j) A notary public shall not perform any notarial act when |
his or her commission is suspended or revoked, nor shall he or |
she fail to comply with any term of suspension which may be |
imposed for violation of this Section. |
(Source: P.A. 100-81, eff. 1-1-18.)
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(5 ILCS 312/7-101) (from Ch. 102, par. 207-101)
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Sec. 7-101. Liability of Notary and Surety. A notary public |
and the surety on the notary's bond are liable to the
persons |
involved for all damages caused by the notary's official |
misconduct. Upon the filing of any claim against a notary |
public, the entity that has issued the bond for the notary |
shall notify the Secretary of State of whether payment was made |
and the circumstances which led to the claim.
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(Source: P.A. 84-322.)
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(5 ILCS 312/7-108) (from Ch. 102, par. 207-108)
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Sec. 7-108. Reprimand, Suspension, and Revocation of |
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Commission. |
(a) The Secretary of State may revoke the commission of any |
notary public who,
during the current term of appointment:
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(1) (a) submits an application for commission and |
appointment as a notary
public which contains substantial |
and material misstatement or omission of fact; or
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(2) (b) is convicted of any felony, misdemeanors, |
including those defined in Part C, Articles 16, 17, 18, 19, |
and 21, and Part E, Articles 31, 32, and 33 of the Criminal |
Code of 2012, or official misconduct under this Act.
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(b) Whenever the Secretary of State believes that a |
violation of this Article has occurred, he or she may |
investigate any such violation. The Secretary may also |
investigate possible violations of this Article upon a signed |
written complaint on a form designated by the Secretary. |
(c) A notary's failure to cooperate or respond to an |
investigation by the Secretary of State is a failure by the |
notary to fully and faithfully discharge the responsibilities |
and duties of a notary and shall result in suspension or |
revocation of the notary's commission. |
(d) All written complaints which on their face appear to |
establish facts which, if proven true, would constitute an act |
of misrepresentation or fraud in notarization or on the part of |
the notary shall be investigated by the Secretary of State to |
determine whether cause exists to reprimand, suspend, or revoke |
the commission of the notary. |
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(e) The Secretary of State may deliver a written official |
warning and reprimand to a notary, or may revoke or suspend a |
notary's commission, for any of the following: |
(1) a notary's official misconduct, as defined under |
Section 7-104; |
(2) any ground for which an application for appointment |
as a notary may be denied for failure to complete |
application requirements as provided under Section 2-102; |
(3) any prohibited act provided under Section 6-104; or |
(4) a violation of any provision of the general |
statutes. |
(f) After investigation and upon a determination by the |
Secretary of State that one or more prohibited acts has been |
performed in the notarization of a document, the Secretary |
shall, after considering the extent of the prohibited act and |
the degree of culpability of the notary, order one or more of |
the following courses of action: |
(1) issue a letter of warning to the notary, including |
the Secretary's findings; |
(2) order suspension of the commission of the notary |
for a period of time designated by the Secretary; |
(3) order revocation of the commission of the notary; |
(4) refer the allegations to the appropriate State's |
Attorney's Office or the Attorney General for criminal |
investigation; or |
(5) refer the allegations to the Illinois Attorney |
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Registration and Disciplinary Commission for disciplinary |
proceedings. |
(g) After a notary receives notice from the Secretary of |
State that his or her commission has been revoked, that notary |
shall immediately deliver his or her official seal to the |
Secretary. |
(h) A notary whose appointment has been revoked due to a |
violation of this Act shall not be eligible for a new |
commission as a notary public in this State for a period of at |
least 5 years from the date of the final revocation. |
(i) A notary may voluntarily resign from appointment by |
notifying the Secretary of State in writing of his or her |
intention to do so, and by physically returning his or her |
stamp to the Secretary. A voluntary resignation shall not stop |
or preclude any investigation into a notary's conduct, or |
prevent further suspension or revocation by the Secretary, who |
may pursue any such investigation to a conclusion and issue any |
finding. |
(j) Upon a determination by a sworn law enforcement officer |
that the allegations raised by the complaint are founded, and |
the notary has received notice of suspension or revocation from |
the Secretary of State, the notary is entitled to an |
administrative hearing. |
(k) The Secretary of State shall adopt administrative |
hearing rules applicable to this Section that are consistent |
with the Illinois Administrative Procedure Act. |
