Full Text of SB0304 94th General Assembly
SB0304 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0304
Introduced 2/15/2005, by Sen. Martin A. Sandoval SYNOPSIS AS INTRODUCED: |
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5 ILCS 312/2-105 |
from Ch. 102, par. 202-105 |
5 ILCS 312/3-101 |
from Ch. 102, par. 203-101 |
5 ILCS 312/6-102 |
from Ch. 102, par. 206-102 |
5 ILCS 312/7-105 |
from Ch. 102, par. 207-105 |
5 ILCS 312/7-106 |
from Ch. 102, par. 207-106 |
5 ILCS 312/7-107 |
from Ch. 102, par. 207-107 |
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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).
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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SB0304 |
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LRB094 06877 JAM 36984 b |
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| AN ACT concerning government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Notary Public Act is amended by | 5 |
| changing Sections 2-105, 3-101, 6-102, 7-105, 7-106, and 7-107 | 6 |
| as follows:
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| (5 ILCS 312/2-105) (from Ch. 102, par. 202-105)
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| Sec. 2-105. Bond. Every application for appointment and | 9 |
| commission as a notary public shall
be accompanied by an | 10 |
| executed bond commencing on the date of the appointment
with a | 11 |
| term of 4 years, in the sum of $25,000
$5,000 , with, as surety | 12 |
| thereon, a
company qualified to write surety bonds in this | 13 |
| State. The bond shall be
conditioned upon the faithful | 14 |
| performance of all notarial acts in
accordance with this Act. | 15 |
| The Secretary of State may prescribe an official bond form.
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| (Source: P.A. 84-322.)
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| (5 ILCS 312/3-101) (from Ch. 102, par. 203-101)
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| Sec. 3-101. Official Seal and Journal . | 19 |
| (a) Each notary public shall, upon receiving the commission | 20 |
| from the county
clerk, obtain an official rubber stamp seal | 21 |
| with which the notary shall
authenticate his official acts. The | 22 |
| rubber stamp seal shall contain the
following information:
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| (1)
(a) the words "Official Seal";
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| (2)
(b) the notary's official name;
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| (3)
(c) the words "Notary Public", "State of Illinois", | 26 |
| and "My commission
expires____________(commission | 27 |
| expiration date)"; and
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| (4)
(d) a serrated or milled edge border in a | 29 |
| rectangular form not more than
one inch in height by two | 30 |
| and one-half inches in length surrounding the information.
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| (b) Each notary public shall procure, keep, maintain, |
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| protect, and provide for lawful inspection a chronological | 2 |
| official journal of notarial acts that is a permanently bound | 3 |
| book with numbered pages. The journal shall be kept by the | 4 |
| notary public for at least 5 years after the date of its last | 5 |
| entry. However, a notary public who is either an attorney at | 6 |
| law admitted to practice in this State or an employee of such | 7 |
| an attorney may instead of a journal of notarial acts maintain | 8 |
| a record of notarial acts in the form of office files regularly | 9 |
| maintained for the attorney's law practice.
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| For every notarial act, the notary public shall record in | 11 |
| the journal at the time of notarization:
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| (1) The date, time, and type of notarial acts. | 13 |
| (2) The date and the type, title, or description of the | 14 |
| document or proceeding. | 15 |
| (3) The signature, printed name, and address of the | 16 |
| signer. | 17 |
| (4) If the notarial act involves a document of | 18 |
| conveyance or encumbrance affecting real property, the | 19 |
| right thumbprint of the party signing the document. If the | 20 |
| right thumbprint is unavailable, than the notary public | 21 |
| shall have the party use his or her left thumb, or any | 22 |
| available finger, and shall so indicate in the journal. If | 23 |
| the party signing the document is physically unable to | 24 |
| provide a thumbprint or fingerprint, the notary shall so | 25 |
| indicate in the journal and shall also provide an | 26 |
| explanation of that physical condition. This item (4) shall | 27 |
| not apply to a sheriff's deed or other judicial deed. | 28 |
| (5) How identification of the signer was made and a | 29 |
| description of the particular form of satisfactory | 30 |
| evidence. | 31 |
| (6) The fee, if any, charged for the notarial act.
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| (Source: P.A. 84-322.)
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| (5 ILCS 312/6-102) (from Ch. 102, par. 206-102)
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| Sec. 6-102. Notarial Acts. | 35 |
| (a) In taking an acknowledgment, the notary public must |
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| determine,
either from personal knowledge or from satisfactory | 2 |
| evidence, that the
person appearing before the notary and | 3 |
| making the acknowledgment is the
person whose true signature is | 4 |
| on the instrument.
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| (b) In taking a verification upon oath or affirmation, the | 6 |
| notary
public must determine, either from personal knowledge or | 7 |
| from satisfactory
evidence, that the person appearing before | 8 |
| the notary and making the
verification is the person whose true | 9 |
| signature is on the statement verified.
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| (c) In witnessing or attesting a signature, the notary | 11 |
| public must
determine, either from personal knowledge or from | 12 |
| satisfactory evidence,
that the signature is that of the person | 13 |
| appearing before the notary and named therein.
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| (d) A notary public has satisfactory evidence that a person | 15 |
| is the
person whose true signature is on a document if that | 16 |
| person:
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| (1) is personally known to the notary;
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| (2) is identified upon the oath or affirmation of a | 19 |
| credible witness
unaffected by the document or transaction who | 20 |
| is personally known to the notary and who personally knows the | 21 |
| person, or of 2 credible witnesses unaffected by the document | 22 |
| or transaction who each personally knows the person and shows | 23 |
| to the notary reliable identification documents ; or
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| (3) is identified on the basis of identification documents.
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| (e) The following definitions apply to subsection (d): | 26 |
| (1) "Personally known" means familiarity with an | 27 |
| individual resulting from interactions with that | 28 |
| individual over a period of time sufficient to ensure | 29 |
| beyond a reasonable doubt that the individual has the | 30 |
| identity claimed. | 31 |
| (2) "Reliable identification documents" means at least | 32 |
| one current document issued by a federal or state | 33 |
| government agency bearing the photographic image of the | 34 |
| individual's face and signature and a physical description | 35 |
| of the individual; provided that a properly stamped | 36 |
| passport without a physical description is acceptable.
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| (Source: P.A. 84-322.)
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| (5 ILCS 312/7-105) (from Ch. 102, par. 207-105)
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| Sec. 7-105. Official Misconduct. | 4 |
| (a) A notary public who knowingly and willfully commits any | 5 |
| official
misconduct is guilty of a Class A misdemeanor ; | 6 |
| provided that a notary public who knowingly and willfully | 7 |
| commits any official misconduct in connection with a notarial | 8 |
| act involving a document of conveyance or encumbrance affecting | 9 |
| real estate is guilty of a Class 1 felony .
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| (b) A notary public who recklessly or negligently commits | 11 |
| any official
misconduct is guilty of a Class A
B misdemeanor.
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| (Source: P.A. 84-322.)
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| (5 ILCS 312/7-106) (from Ch. 102, par. 207-106)
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| Sec. 7-106. Willful Impersonation. Any person who acts as, | 15 |
| or otherwise willfully impersonates, a notary
public while not | 16 |
| lawfully appointed and commissioned to perform notarial
acts is | 17 |
| guilty of a Class 1 felony
A misdemeanor .
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| (Source: P.A. 84-322.)
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| (5 ILCS 312/7-107) (from Ch. 102, par. 207-107)
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| Sec. 7-107. Wrongful Possession. Any person who unlawfully | 21 |
| possesses a notary's official seal is guilty of
a Class 1 | 22 |
| felony
misdemeanor and punishable upon conviction by a fine not | 23 |
| exceeding $1,000 .
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| (Source: P.A. 84-322.)
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