State of Illinois
91st General Assembly
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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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