HB0351sam001 103RD GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 10/24/2023

10300HB0351sam001 LRB103 03878 AWJ 64806 a

AMENDMENT TO HOUSE BILL 351

AMENDMENT NO. ______. Amend House Bill 351 on page 1, immediately above line 4, by inserting the following:

"Section 3. The Illinois Notary Public Act is amended by changing Section 3-107 as follows:

(5 ILCS 312/3-107)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 3-107. Journal.

(a) A notary public or an electronic notary public shall keep a journal of each notarial act or electronic notarial act which includes, without limitation, the requirements set by the Secretary of State in administrative rule, but shall not include any electronic signatures of the person for whom an electronic notarial act was performed or any witnesses.

(b) The Secretary of State shall adopt administrative rules that set forth, at a minimum:

(1) the information to be recorded for each notarization or electronic notarization;

(2) the period during which the notary public or electronic notary public must maintain the journal; and

(3) the minimum security requirements for protecting the information in the journal and access to the contents of the journal.

(c) A notary or electronic notary may maintain his or her journal in either paper form or electronic form and may maintain more than one journal or electronic journal to record notarial acts or electronic notarial acts.

(d) The fact that the employer or contractor of a notary or electronic notary public keeps a record of notarial acts or electronic notarial acts does not relieve the notary public of the duties required by this Section. A notary public or electronic notary public shall not surrender the journal to an employer upon termination of employment and an employer shall not retain the journal of an employee when the employment of the notary public or electronic notary public ceases.

(e) If the journal of a notary public or electronic notary public is lost, stolen, or compromised, the notary or electronic notary shall notify the Secretary of State within 10 business days after the discovery of the loss, theft, or breach of security.

(f) Notwithstanding any other provision of this Section or any rules adopted under this Section, neither a notary public nor an electronic notary public is required to keep a journal of or to otherwise record in a journal a notarial act or an electronic notarial act if that act is performed on any of the following documents to be filed by or on behalf of a candidate for public office:

(1) nominating petitions;

(2) petitions of candidacy;

(3) petitions for nomination;

(4) nominating papers; or

(5) nomination papers.

The exemption under this subsection (f) applies regardless of whether the notarial act or electronic notarial act is performed on the documents described in paragraphs (1) through (5) of this subsection before, on, or after the effective date of this amendatory Act of the 103rd General Assembly, and the failure of a notary public or an electronic notary public to keep a journal of or to otherwise record such an act does not affect the validity of the notarial act on that document and is not a violation of this Act. As used in this subsection (f), "public office" has the meaning given in Section 9-1.10 of the Election Code.

(Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for effective date of P.A. 102-160).)"; and

on page 2, line 10, by replacing "State Board of Elections" with "Illinois Sentencing Policy Advisory Council"; and

on page 2, line 22, by replacing "Illinois Sentencing Policy Advisory Council" with "State Board of Elections"; and

on page 2, line 26, by replacing "Council" with "State Board of Elections"; and

on page 3, lines 7 and 8, by replacing "Illinois Sentencing Policy Advisory Council" with "State Board of Elections"; and

on page 3, line 24, by replacing "2024" with "2025"; and

on page 3, line 25, by replacing "2025" with "2026"; and

on page 9, immediately above line 10, by inserting the following:

"Section 90. The General Assembly finds that the Office of the Secretary of State filed the rules necessary to implement Public Act 102-160 on June 5, 2023. This Act amends Public Act 102-160 in accordance with that finding.

Section 91. "An Act concerning government", approved July 23, 2021, Public Act 102-160, is amended by changing Section 99 as follows:

(P.A. 102-160, Sec. 99)

Sec. 99. Effective date. This Act takes effect on June 5, 2023 (the date of the filing of 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.

(Source: P.A. 102-160.)

Section 95. No acceleration or delay. Except for the changes to Section 99 of Public Act 102-160, where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.".