SB1219 EngrossedLRB098 06750 JDS 36798 b

1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Notary Public Act is amended by
5changing Sections 2-102, 2-104, 3-101, 3-102, and 6-102 as
7    (5 ILCS 312/2-102)  (from Ch. 102, par. 202-102)
8    Sec. 2-102. Application. Every applicant for appointment
9and commission as a notary shall complete an application form
10furnished by the Secretary of State to be filed with the
11Secretary of State. Upon implementation by the Secretary of
12State of an electronic application system for appointment and
13commission as a notary public, each applicant for appointment
14and commission as a notary public shall use that system in
15order to apply for appointment and commission as a notary
16public. The filing of an electronic application for appointment
17and commission as a notary public shall be the equivalent of
18the filing of a verified, written application for appointment
19and commission as a notary public, and an applicant's
20electronic signature shall be considered the equivalent of the
21applicant's written signature and verified oath, as described
22in Section 2-104 of this Act. Whether making a written or an
23electronic application for appointment and commission as a



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1notary public, each applicant shall, in his or her application,
2state , stating:
3    (a) the applicant's official name, which contains his or
4her last name and at least the initial of the first name;
5    (b) the county in which the applicant resides or, if the
6applicant is a resident of a state bordering Illinois, the
7county in Illinois in which that person's principal place of
8work or principal place of business is located;
9    (c) the applicant's residence address and business
10address, if any, or any address at which an applicant will use
11a notary public commission to receive fees;
12    (d) that the applicant has resided in the State of Illinois
13for 30 days preceding the application or that the applicant who
14is a resident of a state bordering Illinois has worked or
15maintained a business in Illinois for 30 days preceding the
17    (e) that the applicant is a citizen of the United States or
18an alien lawfully admitted for permanent residence in the
19United States;
20    (f) that the applicant is at least 18 years of age;
21    (g) that the applicant is able to read and write the
22English language;
23    (h) that the applicant has never been the holder of a
24notary public appointment that was revoked or suspended during
25the past 10 years;
26    (i) that the applicant has not been convicted of a felony;



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2    (j) any other information the Secretary of State deems
4(Source: P.A. 93-1001, eff. 8-23-04.)
5    (5 ILCS 312/2-104)  (from Ch. 102, par. 202-104)
6    Sec. 2-104. Oath. Every applicant making a written
7application for appointment and commission as a notary public
8shall take the following oath in the presence of a person
9qualified to administer an oath in this State, and every
10applicant making an electronic application for appointment and
11commission as a notary public shall electronically sign and
12verify the following statement under oath pursuant to Section
131-109 of the Code of Civil Procedure:
14    "I, (name of applicant), solemnly affirm, under the penalty
15of perjury, that the answers to all questions in this
16application are true, complete, and correct; that I have
17carefully read the notary law of this State; and that, if
18appointed and commissioned as a notary public, I will perform
19faithfully, to the best of my ability, all notarial acts in
20accordance with the law.
21    ................. (Signature of applicant)
22    Subscribed and affirmed before me on (insert date).
23    ................... (Official signature and official seal
24of notary)".
25(Source: P.A. 91-357, eff. 7-29-99.)



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1    (5 ILCS 312/3-101)  (from Ch. 102, par. 203-101)
2    Sec. 3-101. Official Seal and Signature.
3    (a) Each notary public shall, upon receiving the commission
4from the county clerk, obtain an official rubber stamp seal
5with which the notary shall authenticate his official acts. The
6rubber stamp seal shall contain the following information:
7        (1) the words "Official Seal";
8        (2) the notary's official name;
9        (3) the words "Notary Public", "State of Illinois", and
10    "My commission expires____________(commission expiration
11    date)"; and
12        (4) a serrated or milled edge border in a rectangular
13    form not more than one inch in height by two and one-half
14    inches in length surrounding the information.
15    (b) At the time of the notarial act, a notary public shall
16officially sign every notary certificate and affix the rubber
17stamp seal clearly and legibly using black ink, so that it is
18capable of photographic reproduction. The illegibility of any
19of the information required by this Section does not affect the
20validity of a transaction.
21    This subsection does not apply on or after July 1, 2013.
22(Source: P.A. 95-988, eff. 6-1-09.)
23    (5 ILCS 312/3-102)  (from Ch. 102, par. 203-102)
24    Sec. 3-102. Notarial Record; Residential Real Property



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2    (a) This Section shall apply to every notarial act in
3Illinois involving a document of conveyance that transfers or
4purports to transfer title to residential real property located
5in Cook County.
6    (b) As used in this Section, the following terms shall have
7the meanings ascribed to them:
8        (1) "Document of Conveyance" shall mean a written
9    instrument that transfers or purports to transfer title
10    effecting a change in ownership to Residential Real
11    Property, excluding:
12            (i) court-ordered and court-authorized conveyances
13        of Residential Real Property, including without
14        limitation, quit-claim deeds executed pursuant to a
15        marital settlement agreement incorporated into a
16        judgment of dissolution of marriage, and transfers in
17        the administration of a probate estate;
18            (ii) judicial sale deeds relating to Residential
19        Real Property, including without limitation, sale
20        deeds issued pursuant to proceedings to foreclose a
21        mortgage or execute on a levy to enforce a judgment;
22            (iii) deeds transferring ownership of Residential
23        Real Property to a trust where the beneficiary is also
24        the grantor;
25            (iv) deeds from grantors to themselves that are
26        intended to change the nature or type of tenancy by



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1        which they own Residential Real Property;
2            (v) deeds from a grantor to the grantor and another
3        natural person that are intended to establish a tenancy
4        by which the grantor and the other natural person own
5        Residential Real Property;
6            (vi) deeds executed to the mortgagee in lieu of
7        foreclosure of a mortgage; and
8            (vii) deeds transferring ownership to a revocable
9        or irrevocable grantor trust where the beneficiary
10        includes the grantor.
11        (2) "Financial Institution" shall mean a State or
12    federally chartered bank, savings and loan association,
13    savings bank, credit union, or trust company.
14        (3) "Notarial Record" shall mean the written document
15    created in conformity with this Section by a notary in
16    connection with Documents of Conveyance.
17        (4) "Residential Real Property" shall mean a building
18    or buildings located in Cook County, Illinois and
19    containing one to 4 dwelling units or an individual
20    residential condominium unit.
21        (5) "Title Insurance Agent" shall have the meaning
22    ascribed to it under the Title Insurance Act.
23        (6) "Title Insurance Company" shall have the meaning
24    ascribed to it under the Title Insurance Act.
25    (c) A notary appointed and commissioned as a notary in
26Illinois shall, in addition to compliance with other provisions



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1of this Act, create a Notarial Record of each notarial act
2performed in connection with a Document of Conveyance. The
3Notarial Record shall contain:
4        (1) The date of the notarial act;
5        (2) The type, title, or a description of the Document
6    of Conveyance being notarized, and the property index
7    number ("PIN") used to identify the Residential Real
8    Property for assessment or taxation purposes and the common
9    street address for the Residential Real Property that is
10    the subject of the Document of Conveyance;
11        (3) The signature, printed name, and residence street
12    address of each person whose signature is the subject of
13    the notarial act and a certification by the person that the
14    property is Residential Real Property as defined in this
15    Section, which states "The undersigned grantor hereby
16    certifies that the real property identified in this
17    Notarial Record is Residential Real Property as defined in
18    the Illinois Notary Public Act".
19        (4) A description of the satisfactory evidence
20    reviewed by the notary to determine the identity of the
21    person whose signature is the subject of the notarial act;
22        (5) The date of notarization, the fee charged for the
23    notarial act, the Notary's home or business phone number,
24    the Notary's residence street address, the Notary's
25    commission expiration date, the correct legal name of the
26    Notary's employer or principal, and the business street



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1    address of the Notary's employer or principal; and
2        (6) The notary public shall require the person signing
3    the Document of Conveyance (including an agent acting on
4    behalf of a principal under a duly executed power of
5    attorney), whose signature is the subject of the notarial
6    act, to place his or her right thumbprint on the Notarial
7    Record. If the right thumbprint is not available, then the
8    notary shall have the party use his or her left thumb, or
9    any available finger, and shall so indicate on the Notarial
10    Record. If the party signing the document is physically
11    unable to provide a thumbprint or fingerprint, the notary
12    shall so indicate on the Notarial Record and shall also
13    provide an explanation of that physical condition. The
14    notary may obtain the thumbprint by any means that reliably
15    captures the image of the finger in a physical or
16    electronic medium.
17    (d) If a notarial act under this Section is performed by a
18notary who is a principal, employee, or agent of a Title
19Insurance Company, Title Insurance Agent, Financial
20Institution, or attorney at law, the notary shall deliver the
21original Notarial Record to the notary's employer or principal
22within 14 days after the performance of the notarial act for
23retention for a period of 7 years as part of the employer's or
24principal's business records. In the event of a sale or merger
25of any of the foregoing entities or persons, the successor or
26assignee of the entity or person shall assume the



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1responsibility to maintain the Notarial Record for the balance
2of the 7-year business records retention period. Liquidation or
3other cessation of activities in the ordinary course of
4business by any of the foregoing entities or persons shall
5relieve the entity or person from the obligation to maintain
6Notarial Records after delivery of Notarial Records to the
7Recorder of Deeds of Cook County, Illinois.
8    (e) If a notarial act is performed by a notary who is not a
9principal, employee, or agent of a Title Insurance Company,
10Title Insurance Agent, Financial Institution, or attorney at
11law, the notary shall deliver the original Notarial Record
12within 14 days after the performance of the notarial act to the
13Recorder of Deeds of Cook County, Illinois for retention for a
14period of 7 years, accompanied by a filing fee of $5.
15    (f) The Notarial Record required under subsection (c) of
16this Section shall be created and maintained for each person
17whose signature is the subject of a notarial act regarding a
18Document of Conveyance and shall be in substantially the
19following form:
21Date Notarized:
22Fee: $
23The undersigned grantor hereby certifies that the real property
24identified in this Notarial Record is Residential Real Property



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1as defined in the Illinois Notary Public Act.
2Grantor's (Signer's) Printed Name:
3Grantor's (Signer's) Signature:
4Grantor's (Signer's) Residential Street Address, City, State,
5and Zip:
6Type or Name of Document of Conveyance:
7PIN No. of Residential Real Property:
8Common Street Address of Residential Real Property:
9Thumbprint or Fingerprint:
10Description of Means of Identification:
11Additional Comments:
12Name of Notary Printed:
13Notary Phone Number:
14Commission Expiration Date:



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1Residential Street Address of Notary, City, State, and Zip:
2Name of Notary's Employer or Principal:
3Business Street Address of Notary's Employer or Principal,
4City, State, and Zip:
5    (g) No copies of the original Notarial Record may be made
6or retained by the Notary. The Notary's employer or principal
7may retain copies of the Notarial Records as part of its
8business records, subject to applicable privacy and
9confidentiality standards.
10    (h) The failure of a notary to comply with the procedure
11set forth in this Section shall not affect the validity of the
12Residential Real Property transaction in connection to which
13the Document of Conveyance is executed, in the absence of
15    (i) The Notarial Record or other medium containing the
16thumbprint or fingerprint required by subsection (c)(6) shall
17be made available or disclosed only upon receipt of a subpoena
18duly authorized by a court of competent jurisdiction. Such
19Notarial Record or other medium shall not be subject to
20disclosure under the Freedom of Information Act and shall not
21be made available to any other party, other than a party in
22succession of interest to the party maintaining the Notarial



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1Record or other medium pursuant to subsection (d) or (e).
2    (j) In the event there is a breach in the security of a
3Notarial Record maintained pursuant to subsections (d) and (e)
4by the Recorder of Deeds of Cook County, Illinois, the Recorder
5shall notify the person identified as the "signer" in the
6Notarial Record at the signer's residential street address set
7forth in the Notarial Record. "Breach" shall mean unauthorized
8acquisition of the fingerprint data contained in the Notarial
9Record that compromises the security, confidentiality, or
10integrity of the fingerprint data maintained by the Recorder.
11The notification shall be in writing and made in the most
12expedient time possible and without unreasonable delay,
13consistent with any measures necessary to determine the scope
14of the breach and restore the reasonable security,
15confidentiality, and integrity of the Recorder's data system.
16    (k) Subsections (a) through (i) shall not apply on and
17after July 1, 2013.
18    (l) (Blank). Beginning July 1, 2013, at the time of
19notarization, a notary public shall officially sign every
20notary certificate and affix the rubber stamp seal clearly and
21legibly using black ink, so that it is capable of photographic
22reproduction. The illegibility of any of the information
23required by this Section does not affect the validity of a
25(Source: P.A. 97-508, eff. 8-23-11.)



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1    (5 ILCS 312/6-102)  (from Ch. 102, par. 206-102)
2    Sec. 6-102. Notarial Acts.
3    (a) In taking an acknowledgment, the notary public must
4determine, either from personal knowledge or from satisfactory
5evidence, that the person appearing before the notary and
6making the acknowledgment is the person whose true signature is
7on the instrument.
8    (b) In taking a verification upon oath or affirmation, the
9notary public must determine, either from personal knowledge or
10from satisfactory evidence, that the person appearing before
11the notary and making the verification is the person whose true
12signature is on the statement verified.
13    (c) In witnessing or attesting a signature, the notary
14public must determine, either from personal knowledge or from
15satisfactory evidence, that the signature is that of the person
16appearing before the notary and named therein.
17    (d) A notary public has satisfactory evidence that a person
18is the person whose true signature is on a document if that
20        (1) is personally known to the notary;
21        (2) is identified upon the oath or affirmation of a
22    credible witness personally known to the notary; or
23        (3) is identified on the basis of identification
24    documents. Identification Until July 1, 2013,
25    identification documents are documents that are valid at
26    the time of the notarial act, issued by a state agency,



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1    federal government agency, or consulate, and bearing the
2    photographic image of the individual's face and signature
3    of the individual.
4(Source: P.A. 97-397, eff. 1-1-12.)
5    Section 99. Effective date. This Act takes effect June 30,