SB2664ham001 102ND GENERAL ASSEMBLY

Rep. Stephanie A. Kifowit

Filed: 5/4/2021

10200SB2664ham001 LRB102 15608 RJF 26004 a

AMENDMENT TO SENATE BILL 2664

AMENDMENT NO. ______. Amend Senate Bill 2664 as follows:

on page 8, by replacing lines 9 through 17 with the following:

"(5 ILCS 312/1-106 new)

Sec. 1-106. Electronic Notarization Fund. The Electronic Notarization Fund is created as a special fund in the State treasury. Moneys in the Electronic Notarization Fund during the preceding calendar year, shall be distributed, subject to appropriation, to the Secretary of State to fund the Department of Index's implementation and maintenance of the electronic notarization commissions. This Section is effective on and after July 1, 2022."; and

on page 13, by replacing lines 20 through 26 with the following:

"(d) Electronic notarial acts. Before an electronic notary public performs an electronic notarial act using audio-video communication, he or she must be granted an electronic notary public commission by the Secretary of State under this Section, and identify the technology that the electronic notary public intends to use, which must be approved by the Secretary of State."; and

on page 22, by deleting lines 2 through 9; and

by replacing line 22 on page 26 through line 1 on page 27 with the following:

"(e) Certificate of electronic notarial act. An electronic notary public shall attach his or her electronic signature and electronic seal with the electronic notarial certificate of an electronic document in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic document evident."; and

on page 35, by replacing lines 10 through 16 with the following:

"(b) Except as provided under subsection (c), an electronic notary public who is physically located in this State may perform an electronic notarial act using communication technology in accordance with this Article and any rules adopted by the Secretary of State for a remotely located individual who is physically located: (i) in this State; or (ii) outside of this State, but not outside the United States.

(c) Notwithstanding subsection (b), an electronic notary public may perform an electronic notarial act for a remotely located individual outside of the United States if the record is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States or involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States."; and

on page 42, by replacing lines 15 through 19 with the following:

"(5) Each page of the document being witnessed must be shown to the witness on the two-way audio-video communication technology in a means clearly legible to the witness."; and

by replacing line 24 on page 42 through line 1 on page 43 with the following:

"(1) The signatory must transmit by overnight mail, fax, or electronic means a legible copy of the entire signed document directly to the notary no later than the day after the document is signed."; and

on page 43, by replacing lines 2 through 5 with the following:

"(2) The notary must sign the transmitted copy of the document as a witness and transmit the signed copy of the document back to the signatory via overnight mail, fax, or electronic means within 24 hours after receipt."; and

by replacing line 26 on page 45 through line 5 on page 46 with the following:

"(o) A notary public shall not sell, rent, transfer, or otherwise make available to a third party, other than the electronic notarization platform, the contents of the notarial journal, audio video recordings, or any other record associated with any notarial act, including personally identifiable information, except when required by law, law enforcement, the Secretary of State, or a court order. Upon written request of a third party, which request must include the name of the parties, the type of document, and the month and year in which a record was notarized, a notary public may supply a copy of the line item representing the requested transaction after personally identifying information has been redacted."; and

by replacing line 24 on page 54 through line 5 on page 55 with the following:

"(c) At the time of an electronic notarial act, an electronic notary public shall electronically sign every electronic notarial certificate and electronically affix the electronic seal clearly and legibly, so that it is capable of photographic reproduction. The illegibility of any of the information required under this Section does not affect the validity of a transaction."; and

on page 70, by replacing lines 11 through 20 with the following:

"Section 99. Effective date. This Act takes effect on the later of: (1) January 1, 2022; or (2) the date on which the Office of the Secretary of State files with the Index Department of the Office of the Secretary of State a notice that the Office of the Secretary of State has adopted the rules necessary to implement this Act, and upon the filing of the notice, the Index Department shall provide a copy of the notice to the Legislative Reference Bureau; except that, the changes to Sections 1-106, 2-103, and 2-106 of the Illinois Notary Public Act take effect July 1, 2022.".