Bill Text: IL SB3443 | 2017-2018 | 100th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Notary Public Act. Provides that the application for appointment and commission as a notary public shall include the applicant's business address if different than the applicant's residence address. Provides that an applicant's signature on a notary public application authorizes the Secretary of State to conduct a criminal background check of the applicant. Modifies provisions concerning changes causing a notary's commission to cease to be in effect. Provides that the performance of a notarial act while the commission of a notary is suspended or revoked is a prohibited act. Provides that upon the filing of any claim against a notary public or upon payment to any individual harmed as a result of a breach of duty by the notary public, the entity that has issued the bond for the notary shall notify the Secretary of whether payment was made and the circumstances which led to the claim. Adds provisions and requirements concerning reprimand, suspension, and revocation of a notary's Commission. Effective January 1, 2019.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2018-08-10 - Public Act . . . . . . . . . 100-0809 [SB3443 Detail]

Download: Illinois-2017-SB3443-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB3443 Introduced 2/16/2018, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
5 ILCS 312/2-102 from Ch. 102, par. 202-102
5 ILCS 312/4-101 from Ch. 102, par. 204-101
5 ILCS 312/6-104 from Ch. 102, par. 206-104
5 ILCS 312/7-101 from Ch. 102, par. 207-101
5 ILCS 312/7-108 from Ch. 102, par. 207-108
Amends the Illinois Notary Public Act. Provides that the application for appointment and commission as a notary public shall include the applicant's business address if different than the applicant's residence address. Provides that an applicant's signature on a notary public application authorizes the Secretary of State to conduct a criminal background check of the applicant. Modifies provisions concerning changes causing a notary's commission to cease to be in effect. Provides that the performance of a notarial act while the commission of a notary is suspended or revoked is a prohibited act. Provides that upon the filing of any claim against a notary public or upon payment to any individual harmed as a result of a breach of duty by the notary public, the entity that has issued the bond for the notary shall notify the Secretary of whether payment was made and the circumstances which led to the claim. Adds provisions and requirements concerning reprimand, suspension, and revocation of a notary's Commission. Effective January 1, 2019.
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A BILL FOR
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AN ACT concerning government.
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 2-102, 4-101, 6-104, 7-101, and 7-108 as
follows:
(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 in a
format prescribed by the Secretary of State to be filed with
the Secretary of State, stating:
(a) the applicant's official name, as it appears on his
or her current driver's license or state-issued
identification card;
(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, as it appears on
his or her current driver's license or state-issued
identification card, and business address, if any;
(c-5) the applicant's business address if different
than the applicant's residence address;

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(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) the applicant's date of birth;
(g) that the applicant is able to read and write the
English language;
(h) that the applicant has never been the holder of a
notary public appointment that was revoked or suspended
during the past 10 years;
(i) that the applicant has not been convicted of a
felony;
(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; and
(j) any other information the Secretary of State deems
necessary.
(Source: P.A. 99-112, eff. 1-1-16.)
(5 ILCS 312/4-101) (from Ch. 102, par. 204-101)
Sec. 4-101. Changes causing commission to cease to be in

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effect. When any notary public legally changes his or her name,
changes his or her business address without first notifying the
Index Department of the Secretary of State in writing, 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, his or her notarial seal shall and should be 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.
(Source: P.A. 91-818, eff. 6-13-00.)
(5 ILCS 312/6-104) (from Ch. 102, par. 206-104)
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.
(b) A notary public shall not acknowledge any instrument in
which the notary's name appears as a party to the transaction.
(c) A notary public shall not affix his signature to a
blank form of affidavit or certificate of acknowledgment.
(d) A notary public shall not take the acknowledgment of or
administer an oath to any person whom the notary actually knows

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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.
(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.
(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.
(g) A notary public shall not change anything in a written
instrument after it has been signed by anyone.
(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.
(i) If a notary public accepts or receives any money from
any one to whom an oath has been administered or on behalf of
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

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bring an action to recover damages, together with interest and
reasonable attorney fees, against such notary public or his
bondsmen.
(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.)
(5 ILCS 312/7-101) (from Ch. 102, par. 207-101)
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 or upon payment to any individual harmed as a result of
a breach of duty by the 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.
(Source: P.A. 84-322.)
(5 ILCS 312/7-108) (from Ch. 102, par. 207-108)
Sec. 7-108. Reprimand, Suspension, and Revocation of
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
(2) (b) is convicted of any felony, misdemeanor as set
forth in administrative rule, or official misconduct under
this Act.
(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.
(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;

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(2) any ground for which an application for appointment
as a notary may be denied;
(3) any prohibited act provided under Section 6-104 of
this Act; 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 Illinois Attorney General for
criminal investigation; or
(5) refer the allegations to the Illinois Attorney
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

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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) A notary that has received notice of suspension or
revocation from the Secretary of State 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 Procedures Act.
(Source: P.A. 84-322.)
Section 99. Effective date. This Act takes effect January
1, 2019.