Illinois General Assembly - Bill Status for SB0304
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 Bill Status of SB0304  103rd General Assembly


Short Description:  NOTARY PUBLIC-REAL ESTATE

Senate Sponsors
Sen. Martin A. Sandoval - Jacqueline Y. Collins and John J. Cullerton

House Sponsors
(Rep. Michael J. Madigan - Barbara Flynn Currie)

Last Action
DateChamber Action
  7/14/2006SenatePublic Act . . . . . . . . . 94-1029

Statutes Amended In Order of Appearance
5 ILCS 312/2-105from Ch. 102, par. 202-105
5 ILCS 312/3-101from Ch. 102, par. 203-101
5 ILCS 312/6-102from Ch. 102, par. 206-102
5 ILCS 312/7-105from Ch. 102, par. 207-105
5 ILCS 312/7-106from Ch. 102, par. 207-106
5 ILCS 312/7-107from Ch. 102, par. 207-107


Synopsis As Introduced
Amends the Illinois Notary Public Act. Requires a notary public applicant to provide a $25,000 surety bond (now, a $5,000 surety bond). Requires a notary public to keep a journal of notarial acts and specifies the required contents of the journal. With respect to satisfactory evidence that a person unknown to the notary is the person whose true signature appears on a document, requires (i) one witness known to the notary who knows the document signer and who is unaffected by the document or transaction or (ii) 2 witnesses who know the document signer and are unaffected by the document or transaction. Makes official misconduct involving notarial acts with respect to real estate documents a Class 1 felony. Makes willful impersonation of a notary public a Class 1 felony (now, a Class A misdemeanor). Makes unlawful possession of a notary's seal a Class 1 felony (now, a misdemeanor with a fine not exceeding $1,000).

Senate Floor Amendment No. 1
Deletes reference to:
5 ILCS 312/7-105
5 ILCS 312/7-106
5 ILCS 312/7-107

Deletes everything after the enacting clause. Amends the Illinois Notary Public Act. Requires a notary public applicant to provide a $25,000 surety bond (now, a $5,000 surety bond). Requires a notary public to keep a journal of notarial acts relating to conveyance or encumbrance of real property and specifies the required contents of the journal. With respect to satisfactory evidence that a person unknown to the notary is the person whose true signature appears on a document, requires (i) one witness known to the notary who knows the document signer and who is unaffected by the document or transaction or (ii) 2 witnesses who know the document signer and are unaffected by the document or transaction. Effective July 1, 2006.

House Committee Amendment No. 1
Deletes reference to:
5 ILCS 312/2-105
5 ILCS 312/3-101
5 ILCS 312/6-102
Adds reference to:
765 ILCS 77/70

Deletes everything after the enacting clause. Amends the Residential Real Property Disclosure Act with respect to the predatory lending database pilot program. Provides that the Secretary of Financial and Professional Regulation shall declare in writing an inception date for the pilot program and shall give notice of that date. The inception date shall be no later than September 1, 2006. Provides that the pilot program applies to all mortgage applications governed by the predatory lending database Article of the Act that are made or taken on or after the inception date. Provides that the pilot program shall be in effect and operational for 4 years. Provides that the title insurance company or closing agent shall attach a certificate of compliance to the mortgage before recording the mortgage (rather than recording the certificate separately). Provides limited immunity for credit counselors providing counseling services in good faith. Makes other changes. Effective immediately.

 Fiscal Note (H-AM 1) (Dept. of Financial & Prof. Regulation)
 As amended, will not have an additional fiscal impact on the agency.

Actions 
DateChamber Action
  2/15/2005SenateFiled with Secretary by Sen. Martin A. Sandoval
  2/15/2005SenateFirst Reading
  2/15/2005SenateReferred to Rules
  2/16/2005SenateAdded as Co-Sponsor Sen. John J. Cullerton
  2/17/2005SenateAssigned to Judiciary
  2/24/2005SenatePostponed - Judiciary
  3/2/2005SenatePostponed - Judiciary
  3/9/2005SenateDo Pass Judiciary; 009-000-000
  3/9/2005SenatePlaced on Calendar Order of 2nd Reading March 10, 2005
  3/17/2005SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Martin A. Sandoval
  3/17/2005SenateSenate Floor Amendment No. 1 Referred to Rules
  4/6/2005SenateSenate Floor Amendment No. 1 Rules Refers to Judiciary
  4/6/2005SenateSecond Reading
  4/6/2005SenatePlaced on Calendar Order of 3rd Reading April 7, 2005
  4/7/2005SenateSenate Floor Amendment No. 1 Postponed - Judiciary
  4/12/2005SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 010-000-000
  4/14/2005SenateRecalled to Second Reading
  4/14/2005SenateSenate Floor Amendment No. 1 Adopted; Sandoval
  4/14/2005SenatePlaced on Calendar Order of 3rd Reading
  4/14/2005SenateThird Reading - Passed; 044-008-000
  4/14/2005HouseArrived in House
  4/14/2005HousePlaced on Calendar Order of First Reading
  4/14/2005HouseChief House Sponsor Rep. James D. Brosnahan
  4/14/2005HouseFirst Reading
  4/14/2005HouseReferred to Rules Committee
  4/20/2005HouseAssigned to Executive Committee
  5/13/2005HouseRule 19(a) / Re-referred to Rules Committee
  11/10/2005SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  4/17/2006HouseFinal Action Deadline Extended-9(b) April 30, 2006
  4/17/2006HouseAssigned to State Government Administration Committee
  4/18/2006HouseAlternate Chief Sponsor Changed to Rep. Michael J. Madigan
  4/18/2006HouseAdded Alternate Chief Co-Sponsor Rep. Barbara Flynn Currie
  4/18/2006HouseMotion to Suspend Rule 25 - Prevailed
  4/19/2006HouseHouse Committee Amendment No. 1 Filed with Clerk by State Government Administration Committee
  4/19/2006HouseHouse Committee Amendment No. 1 Adopted in State Government Administration Committee; by Voice Vote
  4/19/2006HouseDo Pass as Amended / Short Debate State Government Administration Committee; 009-000-000
  4/19/2006HousePlaced on Calendar 2nd Reading - Short Debate
  4/19/2006HouseSecond Reading - Short Debate
  4/19/2006HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/25/2006HouseFiscal Note Filed As Amended by HA 1
  4/30/2006HouseFinal Action Deadline Extended-9(b) May 5, 2006
  5/2/2006HouseThird Reading - Short Debate - Passed 111-000-000
  5/2/2006SenateSecretary's Desk - Concurrence House Amendment(s) 01
  5/2/2006SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01-May 3, 2006
  5/2/2006SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Martin A. Sandoval
  5/2/2006SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Rules
  5/2/2006SenateHouse Committee Amendment No. 1 Motion to Concur Rules Referred to Financial Institutions
  5/3/2006SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Financial Institutions; 007-000-000
  5/3/2006SenateHouse Committee Amendment No. 1 Senate Concurs 058-000-000
  5/3/2006SenatePassed Both Houses
  6/1/2006SenateSent to the Governor
  7/14/2006SenateGovernor Approved
  7/14/2006SenateEffective Date July 14, 2006
  7/14/2006SenatePublic Act . . . . . . . . . 94-1029

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