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| 1 | | AN ACT concerning government.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Notary Public Act is amended by |
| 5 | | changing Section 2-102 as follows:
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| 6 | | (5 ILCS 312/2-102) (from Ch. 102, par. 202-102) |
| 7 | | Sec. 2-102. Application. |
| 8 | | (a) Application for notary public commission. Every |
| 9 | | applicant for appointment and commission as a notary shall |
| 10 | | complete an application in a format prescribed by the |
| 11 | | Secretary of State to be filed with the Secretary of State, |
| 12 | | stating: |
| 13 | | (1) the applicant's official name, as it appears on |
| 14 | | his or her current driver's license or state-issued |
| 15 | | identification card; |
| 16 | | (2) the county in which the applicant resides or, if |
| 17 | | the applicant is a resident of a state bordering Illinois, |
| 18 | | the county in Illinois in which that person's principal |
| 19 | | place of work or principal place of business is located; |
| 20 | | (3) the applicant's residence address, as it appears |
| 21 | | on his or her current driver's license or state-issued |
| 22 | | identification card; |
| 23 | | (4) the applicant's e-mail address; |
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| 1 | | (5) the applicant's business address if different than |
| 2 | | the applicant's residence address, if performing notarial |
| 3 | | acts constitutes any portion of the applicant's job |
| 4 | | duties; |
| 5 | | (6) that the applicant has resided in the State of |
| 6 | | Illinois for 30 days preceding the application or that the |
| 7 | | applicant who is a resident of a state bordering Illinois |
| 8 | | has worked or maintained a business in Illinois for 30 |
| 9 | | days preceding the application; |
| 10 | | (7) that the applicant is a citizen of the United |
| 11 | | States or lawfully admitted for permanent residence in the |
| 12 | | United States; |
| 13 | | (8) the applicant's date of birth; |
| 14 | | (9) that the applicant is proficient in the English |
| 15 | | language; |
| 16 | | (10) that the applicant has not had a prior |
| 17 | | application or commission revoked due to a finding or |
| 18 | | decision by the Secretary of State; |
| 19 | | (11) that the applicant, prior to the completion of |
| 20 | | the application, if the applicant has ever been convicted |
| 21 | | of a felony, has completed all requirements of all felony |
| 22 | | case sentences, and 10 years have passed since the |
| 23 | | completion of all felony sentences has not been convicted |
| 24 | | of a felony; |
| 25 | | (12) that the applicant's signature authorizes the |
| 26 | | Office of the Secretary of State to conduct a verification |
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| 1 | | to confirm the information provided in the application, |
| 2 | | including a criminal background check of the applicant, if |
| 3 | | necessary; |
| 4 | | (13) that the applicant has provided satisfactory |
| 5 | | proof to the Secretary of State that the applicant has |
| 6 | | successfully completed any required course of study on |
| 7 | | notarization; and |
| 8 | | (14) any other information the Secretary of State |
| 9 | | deems necessary. |
| 10 | | (b) Any notary appointed under subsection (a) shall have |
| 11 | | the authority to conduct remote notarizations. |
| 12 | | (c) Application for electronic notary public commission. |
| 13 | | An application for an electronic notary public commission must |
| 14 | | be filed with the Secretary of State in a manner prescribed by |
| 15 | | the Secretary of State. Every applicant for appointment and |
| 16 | | commission as an electronic notary public shall complete an |
| 17 | | application to be filed with the Secretary of State, stating: |
| 18 | | (1) all information required to be included in an |
| 19 | | application for appointment as an electronic notary |
| 20 | | public, as provided under subsection (a); |
| 21 | | (2) that the applicant is commissioned as a notary |
| 22 | | public under this Act; |
| 23 | | (3) the applicant's email address; |
| 24 | | (4) that the applicant has provided satisfactory proof |
| 25 | | to the Secretary of State that the applicant has |
| 26 | | successfully completed any required course of study on |
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| 1 | | electronic notarization and passed a qualifying |
| 2 | | examination; |
| 3 | | (5) a description of the technology or device that the |
| 4 | | applicant intends to use to create his or her electronic |
| 5 | | signature in performing electronic notarial acts; |
| 6 | | (6) the electronic signature of the applicant; and |
| 7 | | (7) any other information the Secretary of State deems |
| 8 | | necessary. |
| 9 | | (d) Electronic notarial acts. Before an electronic notary |
| 10 | | public performs an electronic notarial act using audio-video |
| 11 | | communication, he or she must be granted an electronic notary |
| 12 | | public commission by the Secretary of State under this |
| 13 | | Section, and identify the technology that the electronic |
| 14 | | notary public intends to use, which must be approved by the |
| 15 | | Secretary of State. |
| 16 | | (e) Approval of commission. Upon the applicant's |
| 17 | | fulfillment of the requirements for a notarial commission or |
| 18 | | an electronic notary public commission, the Secretary of State |
| 19 | | shall approve the commission and issue to the applicant a |
| 20 | | unique commission number. |
| 21 | | (f) Rejection of application. The Secretary of State may |
| 22 | | reject an application for a notarial commission or an |
| 23 | | electronic notary public commission if the applicant fails to |
| 24 | | comply with any Section of this Act. |
| 25 | | (Source: P.A. 102-160, eff. 6-5-23 (See Section 91 of P.A. |
| 26 | | 103-562 for effective date of P.A. 102-160); 102-1030, eff. |