State of Illinois
90th General Assembly
Legislation

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[ House Amendment 001 ][ House Amendment 002 ]

90_HB1452

      5 ILCS 312/1-102          from Ch. 102, par. 201-102
      5 ILCS 312/1-104          from Ch. 102, par. 201-104
      5 ILCS 312/1-105 new
      5 ILCS 312/2-101          from Ch. 102, par. 202-101
      5 ILCS 312/2-102          from Ch. 102, par. 202-102
      5 ILCS 312/2-103          from Ch. 102, par. 202-103
      5 ILCS 312/2-105          from Ch. 102, par. 202-105
      5 ILCS 312/2-106          from Ch. 102, par. 202-106
      5 ILCS 312/3-101          from Ch. 102, par. 203-101
      5 ILCS 312/3-102          from Ch. 102, par. 203-102
      5 ILCS 312/3-104          from Ch. 102, par. 203-104
      5 ILCS 312/3-105          from Ch. 102, par. 203-105
      5 ILCS 312/4-101          from Ch. 102, par. 204-101
      5 ILCS 312/5-102          from Ch. 102, par. 205-102
      5 ILCS 312/6-102          from Ch. 102, par. 206-102
      5 ILCS 312/6-104          from Ch. 102, par. 206-104
      5 ILCS 312/7-102          from Ch. 102, par. 207-102
      5 ILCS 312/7-110 new
      5 ILCS 312/6-101 rep.
      5 ILCS 312/7-104 rep.
      15 ILCS 305/5.5
      30 ILCS 105/5.449 new
          Amends  the  Illinois  Notary  Public  Act.   Permits   a
      nonresident  to  be  commissioned as a notary in the Illinois
      county in which employed.  Broadens an  employer's  liability
      for  a notary's misconduct.  Increases a notary's appointment
      fee and notarization fee.  Permits a notary to charge certain
      travel   fees.    Specifies   documents    that    constitute
      satisfactory   evidence   to   a   notary   of   a   person's
      identification.   Permits  the  Secretary  of  State to adopt
      rules for the administration of the Act. Amends the Secretary
      of State Act to provide a fee for expedited  certificates  or
      apostilles  with  seals.   Amends  the  State  Finance Act to
      create a special fund  within  the  State  treasury  for  the
      deposit  of  a  portion  of  the  fees  from appointments and
      expedited services. Makes other changes.
                                                     LRB9004568PTcw
                                               LRB9004568PTcw
 1        AN ACT concerning notaries public, amending named Acts.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section  5.  The Illinois Notary Public Act is amended by
 5    changing Sections 1-102, 1-104, 2-101, 2-102,  2-103,  2-105,
 6    2-106,  3-101,  3-102,  3-104,  3-105,  4-101,  5-102, 6-102,
 7    6-104, and 7-102 and  adding  Sections  1-105  and  7-110  as
 8    follows:
 9        (5 ILCS 312/1-102) (from Ch. 102, par. 201-102)
10        Sec. 1-102.  Purposes and Rules of Construction.
11        (a)  This  Act  shall be construed and applied to promote
12    its underlying purposes and policies.
13        (b)  The underlying purposes and  policies  of  this  Act
14    are:
15             (1)  to  simplify,  clarify,  and  modernize the law
16        governing notaries public; and
17             (2)  to  promote,  serve,  and  protect  the  public
18        interest.
19        (c)  Nothing in this Act  is  intended  to  prohibit  the
20    notarization  of documents by a county clerk, judge, clerk or
21    deputy clerk of a court, or other person authorized by law to
22    administer oaths.  The signature and  title  of  that  person
23    performing a notarial act are sufficient.
24    (Source: P.A. 84-322.)
25        (5 ILCS 312/1-104) (from Ch. 102, par. 201-104)
26        Sec.  1-104.  Definitions.   As used in this Act:  Notary
27    Public and Notarization Defined. (a) The terms
28        "Notary public" and "notary" are used interchangeably  to
29    mean  any  individual  appointed  and commissioned to perform
30    notarial acts.
                            -2-                LRB9004568PTcw
 1        (b)  "Notarization" means the performance of  a  notarial
 2    act.
 3        "Notarial act" means any act that a notary public of this
 4    State  is  authorized  to  perform  and  includes  taking  an
 5    acknowledgment,  administering an oath or affirmation, taking
 6    a  verification  upon  oath  or  affirmation,  witnessing  or
 7    attesting a signature, and certifying a copy when the  notary
 8    has the original document.
 9        "Acknowledgment"  means  a notarial act in which a notary
10    certifies: (i) that a signer, whose  identity  is  personally
11    known  to  the  notary or proven on the basis of satisfactory
12    evidence, has admitted,  in  the  notary's  presence,  having
13    signed  a  document  voluntarily  for its stated purpose; and
14    (ii) if  the  instrument  is  executed  in  a  representative
15    capacity,  that  the person signed the instrument with proper
16    authority and executed it as the act of the person or  entity
17    represented and identified in the instrument.
18        "In a representative capacity" means:
19             (1)  for   and   on   behalf   of   a   corporation,
20        partnership,  trust,  or  other  entity  as an authorized
21        officer,    agent,    partner,    trustee,    or    other
22        representative;
23             (2)  as a public officer,  personal  representative,
24        guardian, or other representative in the capacity recited
25        in the instrument;
26             (3)  as an attorney in fact for a principal; or
27             (4)  in   any   other   capacity  as  an  authorized
28        representative of another.
29        "Oath" or "affirmation" means a notarial act or part of a
30    notarial act in which a notary certifies that a person made a
31    vow in the presence of the notary on penalty of perjury.
32        "Verification" or "jurat" means a notarial act in which a
33    notary certifies that a signer, whose identity is  personally
34    known  to  the  notary or proven on the basis of satisfactory
                            -3-                LRB9004568PTcw
 1    evidence, has made, in the  notary's  presence,  a  voluntary
 2    signature  and  taken an oath or affirmation vouching for the
 3    truthfulness of the signed document.
 4        "Personal knowledge of identity" means  familiarity  with
 5    an   individual   resulting   from   interactions  with  that
 6    individual over a period  of  time  sufficient  to  eliminate
 7    every  reasonable  doubt that the individual has the identity
 8    claimed.
 9        "Official  misconduct"  generally  means   the   wrongful
10    exercise  of a power or the wrongful performance of a duty as
11    defined in Section 33-3 of the Criminal Code of 1961. As used
12    in this definition, "wrongful" means unauthorized,  unlawful,
13    abusive, negligent, reckless, or injurious.
14    (Source: P.A. 84-322.)
15        (5 ILCS 312/1-105 new)
16        Sec.  1-105.   Rulemaking  authority.   The  Secretary of
17    State may promulgate rules concerning the  administration  of
18    this Act.
19        (5 ILCS 312/2-101) (from Ch. 102, par. 202-101)
20        Sec.  2-101.   Appointment.  The  Secretary  of State may
21    appoint and commission as notaries public  for  a  five  four
22    year  term as many persons resident in a county in this State
23    as he deems necessary.
24    (Source: P.A. 84-322.)
25        (5 ILCS 312/2-102) (from Ch. 102, par. 202-102)
26        Sec. 2-102.  Application. Every applicant for appointment
27    and commission as a notary shall complete an application form
28    furnished by the Secretary of State  to  be  filed  with  the
29    Secretary of State, stating:
30        (a)  the applicant's official name, which contains his or
31    her last name and at least the initial of the first name;
                            -4-                LRB9004568PTcw
 1        (b)  the  county  in  which the applicant resides or, for
 2    nonresidents, the county in which the applicant is employed;
 3        (c)  the  applicant's  Illinois  residence   address   or
 4    Illinois  and  business  address,  if  any, or any address at
 5    which an applicant will use a  notary  public  commission  to
 6    receive fees;
 7        (d)  that  the applicant currently resides or is employed
 8    has resided in the State of Illinois for  30  days  preceding
 9    the application;
10        (e)  that the applicant is a citizen of the United States
11    or  an alien lawfully admitted for permanent residence in the
12    United States;
13        (f)  that the applicant is at least 18 years of age;
14        (g)  that the applicant is able to  read  and  write  the
15    English language;
16        (h)  that  during  the  past  10  years  the  applicant's
17    commission as notary (if any) has not been revoked;
18        (i)  that  the  applicant  has  not  been  convicted of a
19    felony; and
20        (j)  any other information the Secretary of  State  deems
21    necessary.
22    (Source: P.A. 85-593.)
23        (5 ILCS 312/2-103) (from Ch. 102, par. 202-103)
24        Sec.   2-103.   Appointment  Fee.   Every  applicant  for
25    appointment and commission as a notary public  shall  pay  to
26    the Secretary of State a fee of $15 $10. Of the fee collected
27    under  this  Section  for  each  appointment  filed  with the
28    Secretary of State, $10 shall be deposited into  the  General
29    Revenue Fund and $5 shall be deposited into the Notary Public
30    Administration  Fund, a special fund created within the State
31    treasury.
32    (Source: P.A. 85-1396.)
                            -5-                LRB9004568PTcw
 1        (5 ILCS 312/2-105) (from Ch. 102, par. 202-105)
 2        Sec. 2-105.  Bond.  Every application for appointment and
 3    commission as a notary public  shall  be  accompanied  by  an
 4    executed  bond commencing on the date of the appointment with
 5    a term of 5 4 years, in the sum of $5,000,  with,  as  surety
 6    thereon,  a  company  qualified to write surety bonds in this
 7    State. The  bond  shall  be  conditioned  upon  the  faithful
 8    performance of all notarial acts in accordance with this Act.
 9    The Secretary of State may prescribe an official bond form.
10    (Source: P.A. 84-322.)
11        (5 ILCS 312/2-106) (from Ch. 102, par. 202-106)
12        Sec.  2-106.   Appointment  Recorded by County Clerk. The
13    appointment of the applicant as a notary public  is  complete
14    when the commission is recorded with the county clerk.
15        The  Secretary  of  State  shall  forward the applicant's
16    commission to the county clerk of the  county  in  which  the
17    applicant  resides  or, for nonresidents, the county in which
18    the applicant is employed.  Upon receipt thereof, the  county
19    clerk  shall  notify the applicant of the action taken by the
20    Secretary of State, and the applicant shall either appear  at
21    the county clerk's  office to record the same and receive the
22    commission  or request by mail to have the commission sent to
23    the applicant with a  specimen  signature  of  the  applicant
24    attached to the request. The applicant shall have a record of
25    the  appointment,  and  the  time  when  the  commission will
26    expire, entered in the records of the office  of  the  county
27    clerk.  When  the  applicant appears before the county clerk,
28    the applicant shall pay a fee of $5, at which time the county
29    clerk shall then deliver the commission to the applicant.
30        If the appointment is completed by  mail,  the  applicant
31    shall  pay  the  county clerk a fee of $10.00, which shall be
32    submitted with the request to the county  clerk.  The  county
33    clerk   shall  then  record  the  appointment  and  send  the
                            -6-                LRB9004568PTcw
 1    commission by mail to the applicant.
 2        If an applicant does not respond to the  notification  by
 3    the county clerk within 30 days, the county clerk shall again
 4    notify  the  applicant that the county clerk has received the
 5    applicant's notary public commission issued by the  Secretary
 6    of  State.  The  second  notice shall be in substantially the
 7    following form:
 8        "The records of this office indicate that  you  have  not
 9        picked  up  your notary public commission from the Office
10        of the County Clerk.
11        The Illinois Notary Public Law requires you to appear  in
12        person in the clerk's office, record your commission, and
13        pay  a  fee  of $5.00 to the county clerk or request that
14        your commission be mailed to you. This  request  must  be
15        accompanied  by a specimen of your signature and a $10.00
16        fee payable to the county clerk.
17        Your appointment as a notary is not  complete  until  the
18        commission   is   recorded   with   the   county   clerk.
19        Furthermore,  if  you  do  not make arrangements with the
20        clerk for  recording  and  delivery  of  your  commission
21        within  30  days from the date of this letter, the county
22        clerk will return your commission  to  the  Secretary  of
23        State.  Your  commission  will be cancelled and your name
24        will be removed from the list of notaries in the State of
25        Illinois.
26        I should also like to remind  you  that  any  person  who
27        attests  to  any document as a notary and is not a notary
28        in good standing with the  Office  of  the  Secretary  of
29        State is guilty of official misconduct and may be subject
30        to a fine or imprisonment".
31        The  Secretary  of State shall  cancel the appointment of
32    all notaries whose commissions are returned to his office  by
33    the county clerks. No application fee will be refunded and no
34    bonding  company  is  required  to  issue  a  refund  when an
                            -7-                LRB9004568PTcw
 1    appointment is cancelled.
 2    (Source: P.A. 84-322.)
 3        (5 ILCS 312/3-101) (from Ch. 102, par. 203-101)
 4        Sec. 3-101.  Official Seal.  Each  notary  public  shall,
 5    upon  receiving  the commission from the county clerk, obtain
 6    an official rubber stamp seal with  which  the  notary  shall
 7    authenticate  his  official acts. The rubber stamp seal shall
 8    be embossed with contain the following information:
 9        (a)  the words "Official Seal";
10        (b)  the notary's official name;
11        (c)  the words "Notary Public", "State of Illinois",  and
12    "My  commission  expires  ...........  (commission expiration
13    date on file with the Secretary of State)"; and
14        (d)  a serrated or milled edge border  in  a  rectangular
15    form  not  more  than  one inch in height by two and one-half
16    inches in length surrounding the information.
17    (Source: P.A. 84-322.)
18        (5 ILCS 312/3-102) (from Ch. 102, par. 203-102)
19        Sec.  3-102.   Official  Signature.  At   the   time   of
20    notarization,  a  notary  public  shall officially sign every
21    notary certificate and affix the rubber  stamp  seal  clearly
22    and  legibly  using  black  ink,  so  that  it  is capable of
23    photographic reproduction. A notary public shall not use  any
24    name  or  initial  in signing certificates other than that by
25    which the notary was commissioned. The illegibility of any of
26    the information required by this Section does not affect  the
27    validity of a transaction.
28    (Source: P.A. 84-322.)
29        (5 ILCS 312/3-104) (from Ch. 102, par. 203-104)
30        Sec. 3-104.  Maximum Fee.
31        (a)  Except   as   provided   in  subsections  (a-5)  and
                            -8-                LRB9004568PTcw
 1    subsection (b) of this Section, the maximum fee in this State
 2    is $5 $1.00 for any notarial act performed.
 3        (a-5)  A notary public may charge fees relating to travel
 4    to the notarization site, provided that  both  parties  agree
 5    upon that fee in advance.
 6        (b)  Fees  for  a  notary  public,  agency,  or any other
 7    person who is not an attorney filling out legalization  forms
 8    or applications related to the Immigration Reform and Control
 9    Act of 1986 shall be as follows:
10             (1)  $75 per person;
11             (2)  $75  per  person  up to 4 persons per immediate
12        family,  with  no  additional  charge  for  a  fifth   or
13        subsequent person where all persons are legally related;
14             (3)  $10   per   page   for  the  translation  of  a
15        non-English language into English where such  translation
16        is required for legalization forms;
17             (4)  $5 $1 for notarizing; and
18             (5)  $3  to  execute  any  procedures  necessary  to
19        obtain  a  document  required  to  complete  legalization
20        forms.
21        Fees  authorized  under this subsection shall not include
22    application fees required to be submitted with a legalization
23    application in conformity with the  Immigration  and  Control
24    Act of 1986.
25        Any person who violates the provisions of this subsection
26    shall  be guilty of a Class A misdemeanor for a first offense
27    and a Class 3 felony  for  a  second  or  subsequent  offense
28    committed  within  5  years  of a previous conviction for the
29    same offense.
30        (c)  Upon his own information or upon  complaint  of  any
31    person,  the  Attorney  General  or  any State's Attorney, or
32    their designee, may maintain an action for injunctive  relief
33    in  the  court  against any notary public or any other person
34    who  violates  the  provisions  of  subsection  (b)  of  this
                            -9-                LRB9004568PTcw
 1    Section.  These remedies are  in  addition  to,  and  not  in
 2    substitution for, other available remedies.
 3        If  the Attorney General or any State's Attorney fails to
 4    bring an action as provided pursuant to this  subsection  any
 5    person  may  file a civil action to enforce the provisions of
 6    this subsection and maintain an action for injunctive relief.
 7    (Source: P.A. 85-593.)
 8        (5 ILCS 312/3-105) (from Ch. 102, par. 203-105)
 9        Sec.  3-105.   Authority.  A  notary  public  shall  have
10    authority to perform notarial acts throughout  the  State  so
11    long  as the notary resides or is employed in the same county
12    in which the notary was commissioned.
13    (Source: P.A. 84-322.)
14        (5 ILCS 312/4-101) (from Ch. 102, par. 204-101)
15        Sec. 4-101.  Change of Name or Move from County. When any
16    notary public legally changes his or her name or  moves  from
17    the  county  in  which he or she was commissioned, the notary
18    shall provide written notification to the Secretary of State.
19    Failure to notify the Secretary  of  State  shall  constitute
20    official  misconduct  commission  ceases  to be in effect and
21    should  be  returned  to  the  Secretary  of   State.   These
22    individuals  who  desire to again become a notary public must
23    file a new application, bond, and oath with the Secretary  of
24    State.
25    (Source: P.A. 85-1209.)
26        (5 ILCS 312/5-102) (from Ch. 102, par. 205-102)
27        Sec.  5-102.   Solicitation  to  Purchase Bond. No person
28    shall solicit any notary public and offer to provide a surety
29    bond more than 60 days in advance of the expiration  date  of
30    the notary public's commission.
31        Nor   shall  any  person  solicit  any  applicant  for  a
                            -10-               LRB9004568PTcw
 1    commission or reappointment thereof and offer  to  provide  a
 2    surety  bond  for  the  notary  commission  unless  any  such
 3    solicitation  specifically  sets  forth in bold face type not
 4    less than 1/4 inch in  height  the  following:  "WE  ARE  NOT
 5    ASSOCIATED WITH ANY STATE OR LOCAL GOVERNMENTAL AGENCY".
 6        Whenever  it  shall appear to the Secretary of State that
 7    any person is engaged or is about to engage in  any  acts  or
 8    practices which constitute or will constitute  a violation of
 9    the  provisions  of this Section, the Secretary of State may,
10    in his discretion, through the Attorney General, apply for an
11    injunction, and, upon a proper  showing,  any  circuit  court
12    shall have power to issue a permanent or temporary injunction
13    or  restraining  order without bond to enforce the provisions
14    of this Act, and either party to such  suit  shall  have  the
15    right  to  prosecute  an appeal from the order or judgment of
16    the court.
17        Any  person,  association,  corporation,  or  others  who
18    violate the provisions of this Section shall be guilty  of  a
19    business  offense  and  punishable by a fine of not less than
20    $500 for each offense.
21    (Source: P.A. 84-322.)
22        (5 ILCS 312/6-102) (from Ch. 102, par. 206-102)
23        Sec. 6-102.  Notarial Acts.
24        (a)  In taking an acknowledgment, the notary public  must
25    determine,   either   from   personal   knowledge   or   from
26    satisfactory  evidence,  that the person appearing before the
27    notary and making the acknowledgment is the person whose true
28    signature is on the instrument.
29        (b)  In taking a verification upon oath  or  affirmation,
30    the  notary  public  must  determine,  either  from  personal
31    knowledge  or  from  satisfactory  evidence,  that the person
32    appearing before the notary and making  the  verification  is
33    the person whose true signature is on the statement verified.
                            -11-               LRB9004568PTcw
 1        (c)  In  witnessing  or attesting a signature, the notary
 2    public must determine, either from personal knowledge or from
 3    satisfactory evidence, that the signature,  or  signature  by
 4    mark  or  rubber  stamp  for  blind  or  physically  disabled
 5    signers,  is  that  of the person appearing before the notary
 6    and named therein.
 7        (d)  A notary public has  satisfactory  evidence  that  a
 8    person is the person whose true signature is on a document if
 9    that person:
10             (1)  is personally known to the notary;
11             (2)  is identified upon the oath or affirmation of a
12        credible witness personally known to the notary; or
13             (3)  is   identified   through  a  current  card  or
14        document issued by a federal  or  State  government  that
15        contains the person's photograph and signature, including
16        but  not  limited  to  a  State driver's license or State
17        identification card, or a passport.  In  the  absence  of
18        government  identification,  the signer may be identified
19        with 2 forms of identification with signature,  at  least
20        one   of   which   contains  a  photograph  and  physical
21        description.
22        (e)  A notary public shall maintain as  a  public  record
23    and   provide  for  lawful  inspection  a  permanently  bound
24    official journal to record each notarial  act.   The  journal
25    entry shall contain:
26             (1)  the  signature  and  printed name of the person
27        whose signature is notarized;
28             (2)  the date of the notarization;
29             (3)  the  type  of   notary   act   (acknowledgment,
30        verification, or certified copy);
31             (4)  the type of document notarized;
32             (5)  the signer's address; and
33             (6)  the manner in which the signer was identified.
34        A  journal is the exclusive property of the notary public
                            -12-               LRB9004568PTcw
 1    and not the property of his or her employer on the  basis  of
 2    identification documents.
 3    (Source: P.A. 84-322.)
 4        (5 ILCS 312/6-104) (from Ch. 102, par. 206-104)
 5        Sec. 6-104.  Acts Prohibited.
 6        (a)  A  notary is disqualified from performing a notarial
 7    act if the notary:
 8             (1)  is a signer of, or named in, the document  that
 9        is to be notarized; or
10             (2)  will   receive   directly  from  a  transaction
11        connected with the notarial  act  any  advantage,  right,
12        title,  interest,  cash, property, or other consideration
13        exceeding in value the $5 fee. A notary public shall  not
14        use  any  name  or  initial in signing certificates other
15        than that by which the notary was commissioned.
16        (b)  (Blank). A notary public shall not  acknowledge  any
17    instrument  in  which the notary's name appears as a party to
18    the transaction.
19        (c)  A notary public shall not affix his signature  to  a
20    blank  form of affidavit or certificate of acknowledgment and
21    deliver that form to another person with intent  that  it  be
22    used as an affidavit or acknowledgment.
23        (d)  A notary public shall not take the acknowledgment of
24    or  administer an oath to any person whom the notary actually
25    knows to have been  adjudged  mentally  ill  by  a  court  of
26    competent  jurisdiction  and  who  has  not  been restored to
27    mental health as a matter of record.
28        (e)  A notary public shall not take the acknowledgment of
29    any person who  is  blind  until  the  notary  has  read  the
30    instrument to such person.
31        (f)  A notary public shall not take the acknowledgment of
32    any  person  who  does  not  speak  or understand the English
33    language, unless the nature and effect of the  instrument  to
                            -13-               LRB9004568PTcw
 1    be  notarized  is translated into a language which the person
 2    does understand.
 3        (g)  A notary public  shall  not  change  anything  in  a
 4    written instrument after it  has been signed by anyone.
 5        (h)  No  notary public shall be authorized to prepare any
 6    legal instrument, or fill in the  blanks  of  an  instrument,
 7    other  than  a  notary certificate; however, this prohibition
 8    shall not prohibit an attorney, who is also a notary  public,
 9    from  performing  notarial  acts for any document prepared by
10    that attorney.
11        (i)  If a notary public accepts  or  receives  any  money
12    from  any  one  to  whom  an oath has been administered or on
13    behalf of whom an  acknowledgment  has  been  taken  for  the
14    purpose  of  transmitting or forwarding such money to another
15    and  willfully  fails  to  transmit  or  forward  such  money
16    promptly, the  notary  is  personally  liable  for  any  loss
17    sustained  because  of  such  failure.  The person or persons
18    damaged by such  failure  may  bring  an  action  to  recover
19    damages, together with interest and reasonable attorney fees,
20    against such notary public or his bondsmen.
21    (Source: P.A. 85-421.)
22        (5 ILCS 312/7-102) (from Ch. 102, par. 207-102)
23        Sec.   7-102.   Liability  of  Employer  of  Notary.  The
24    employer of a notary public is also  liable  to  the  persons
25    involved  for  all  damages  caused  by the notary's official
26    misconduct, if:
27        (a)  the notary public was acting within the scope of the
28    notary's employment at the time the  notary  engaged  in  the
29    official misconduct; and
30        (b)  the  employer directed, encouraged, consented to, or
31    approved the notary's misconduct, either  in  the  particular
32    transaction  or impliedly by previous actions in at least one
                            -14-               LRB9004568PTcw
 1    similar transaction the notary public's official misconduct.
 2        The employer is also liable to  the  notary  for  damages
 3    paid  by  the  notary as a result of official misconduct that
 4    was coerced  by  threat  of  demotion  or  dismissal  by  the
 5    employer,  expressly  or impliedly by the employer's previous
 6    action.
 7    (Source: P.A. 84-322.)
 8        (5 ILCS 312/7-110 new)
 9        Sec. 7-110.  Severability.  The provisions  of  this  Act
10    are severable under Section 1.31 of the Statute on Statutes.
11        (5 ILCS 312/6-101 rep.)
12        (5 ILCS 312/7-104 rep.)
13        Section 10.  The Illinois Notary Public Act is amended by
14    repealing Sections 6-101 and 7-104.
15        Section  15.  The  Secretary  of  State Act is amended by
16    changing Section 5.5 as follows:
17        (15 ILCS 305/5.5)
18        Sec. 5.5. Secretary of State fees. There shall be paid to
19    the Secretary of State the following fees:
20        For certificate or apostille, with seal: $2.
21        For  expedited  certificates  or  apostilles  with  seals
22    issued within 24 hours of receipt: $15.  Of the fee collected
23    for this service, $2 shall  be  deposited  into  the  General
24    Revenue  Fund  and  $13  shall  be  deposited into the Notary
25    Public Administration Fund.
26        For each certificate, without seal: $1.
27        For each  commission  to  any  officer  or  other  person
28    (except military commissions), with seal: $2.
29        For  copies  of  exemplifications  of  records,  or for a
30    certified copy of any document, instrument, or paper when not
                            -15-               LRB9004568PTcw
 1    otherwise provided by law, and it does not exceed legal size:
 2    $0.50 per page or any portion  of a  page;  and  $2  for  the
 3    certificate, with seal affixed.
 4        For  copies of exemplifications of records or a certified
 5    copy  of  any  document,  instrument,  or  paper,  when   not
 6    otherwise  provided  for  by law, that exceeds legal size: $1
 7    per  page  or  any  portion  of  a  page;  and  $2  for   the
 8    certificate, with seal affixed.
 9        For  copies  of  bills or other papers: $0.50 per page or
10    any portion of a page; and $2 for the certificate, with  seal
11    affixed,  except  that there shall be no charge for making or
12    certifying copies that  are  furnished  to  any  governmental
13    agency for official use.
14        For  recording  a  duplicate  of an affidavit showing the
15    appointment of trustees of a  religious  corporation:  $0.50;
16    and $2 for the certificate of recording, with seal affixed.
17        For  filing  and  recording an application under the Soil
18    Conservation  Districts  Law  and  making   and   issuing   a
19    certificate for the application, under seal: $10.
20        For  recording  any  other document, instrument, or paper
21    required or permitted to be recorded with  the  Secretary  of
22    State,   which  recording  shall  be  done  by  any  approved
23    photographic or  photostatic  process,  if  the  page  to  be
24    recorded  does not exceed legal size and the fees and charges
25    therefor are not otherwise fixed by law: $0.50  per  page  or
26    any  portion  of  a  page;  and  $2  for  the  certificate of
27    recording, with seal affixed.
28        For recording any other document,  instrument,  or  paper
29    required  or  permitted  to be recorded with the Secretary of
30    State,  which  recording  shall  be  done  by  any   approved
31    photographic  or  photostatic  process,  if  the  page  to be
32    recorded exceeds legal size and the fees and charges therefor
33    are not otherwise fixed by law: $1 per page or any portion of
34    a page; and $2 for the certificate of recording  attached  to
                            -16-               LRB9004568PTcw
 1    the original, with seal affixed.
 2        For  each  duplicate  certified  copy  of  a  school land
 3    patent: $3.
 4        For each photostatic copy of a township plat: $2.
 5        For each page of a photostatic copy  of  surveyors  field
 6    notes: $2.
 7        For  each  page  of  a  photostatic  copy of a state land
 8    patent, including certification: $4.
 9        For each page of a  photostatic  copy  of  a  swamp  land
10    grant: $2.
11        For   each  page  of  photostatic  copies  of  all  other
12    instruments or documents relating to land records: $2.
13        For each check, money order, or bank  draft  returned  by
14    the Secretary of State when it has not been honored: $2.
15        As  used  in  this Section, "legal size" means a sheet of
16    paper that is 8.5 inches wide and 14 inches long, or  written
17    or  printed  matter  on a sheet of paper that does not exceed
18    that width and length, or either of them.
19    (Source: P.A. 89-233, eff. 1-1-96.)
20        Section 20.  The State Finance Act is amended  by  adding
21    Section 5.449 as follows:
22        (30 ILCS 105/5.449 new)
23        Sec. 5.449.  The Notary Public Administration Fund.

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