Full Text of SB0304 94th General Assembly
SB0304sam001 94TH GENERAL ASSEMBLY
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Sen. Martin A. Sandoval
Filed: 3/17/2005
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| AMENDMENT TO SENATE BILL 304
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| AMENDMENT NO. ______. Amend Senate Bill 304 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Notary Public Act is amended by | 5 |
| changing Sections 2-105, 3-101, and 6-102 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 | 8 |
| commission as a notary public shall
be accompanied by an | 9 |
| executed bond commencing on the date of the appointment
with a | 10 |
| term of 4 years, in the sum of $25,000
$5,000 , with, as surety | 11 |
| thereon, a
company qualified to write surety bonds in this | 12 |
| State. The bond shall be
conditioned upon the faithful | 13 |
| performance of all notarial acts in
accordance with this Act. | 14 |
| 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 . | 18 |
| (a) Each notary public shall, upon receiving the commission | 19 |
| from the county
clerk, obtain an official rubber stamp seal | 20 |
| with which the notary shall
authenticate his official acts. The | 21 |
| 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", | 2 |
| and "My commission
expires____________(commission | 3 |
| expiration date)"; and
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| (4)
(d) a serrated or milled edge border in a | 5 |
| rectangular form not more than
one inch in height by two | 6 |
| and one-half inches in length surrounding the information.
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| (b) Each notary public shall procure, keep, maintain, | 8 |
| protect, and provide for lawful inspection a chronological | 9 |
| official journal of notarial acts, involving a document of | 10 |
| conveyance or encumbrance affecting real property, that is a | 11 |
| permanently bound book with numbered pages. The journal shall | 12 |
| be kept by the notary public for at least 5 years after the | 13 |
| date of its last entry. A notary public who is either an | 14 |
| attorney at law admitted to practice in this State or an | 15 |
| employee of such an attorney, however, may instead of a journal | 16 |
| of notorial acts maintain a record of notorial acts in the form | 17 |
| of office files regularly maintained for the attorney's law | 18 |
| practice.
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| For every notarial act involving a document of conveyance | 20 |
| or encumbrance affecting real property, the notary public shall | 21 |
| record at the time of notarization:
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| (1) the date, time, and type of notarial act; | 23 |
| (2) the date and the type, title, or description of the | 24 |
| document or proceeding; | 25 |
| (3) the signature, printed name, and address of the | 26 |
| signer; | 27 |
| (4) the right thumbprint of the party signing the | 28 |
| document, placed in the journal by that party. If the right | 29 |
| thumbprint is unavailable, then the notary shall have the | 30 |
| party use his or her left thumb or any available finger and | 31 |
| shall so indicate in the journal. If the party signing the | 32 |
| document is physically unable to provide a thumbprint or | 33 |
| fingerprint, the notary shall so indicate in the journal | 34 |
| and shall also provide an explanation of that physical |
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| condition. This paragraph (4) shall not apply to a | 2 |
| sheriff's deed or other judicial deed; | 3 |
| (5) how identification of the signer was made and a | 4 |
| description of the particular form of satisfactory | 5 |
| evidence; and | 6 |
| (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. | 10 |
| (a) In taking an acknowledgment, the notary public must | 11 |
| determine,
either from personal knowledge or from satisfactory | 12 |
| evidence, that the
person appearing before the notary and | 13 |
| making the acknowledgment is the
person whose true signature is | 14 |
| on the instrument.
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| (b) In taking a verification upon oath or affirmation, the | 16 |
| notary
public must determine, either from personal knowledge or | 17 |
| from satisfactory
evidence, that the person appearing before | 18 |
| the notary and making the
verification is the person whose true | 19 |
| signature is on the statement verified.
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| (c) In witnessing or attesting a signature, the notary | 21 |
| public must
determine, either from personal knowledge or from | 22 |
| satisfactory evidence,
that the signature is that of the person | 23 |
| appearing before the notary and named therein.
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| (d) A notary public has satisfactory evidence that a person | 25 |
| is the
person whose true signature is on a document if that | 26 |
| 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 | 29 |
| credible witness
unaffected by the document or transaction who | 30 |
| is personally known to the notary and who personally knows the | 31 |
| person, or of 2 credible witnesses unaffected by the document | 32 |
| or transaction who each personally knows the person and shows | 33 |
| to the notary reliable identification documents ; or
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| (3) is identified on the basis of reliable identification | 2 |
| documents.
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| (e) The following definitions apply to subsection (d): | 4 |
| (1) "Personally known" means familiarity with an | 5 |
| individual resulting from interactions with that | 6 |
| individual over a period of time sufficient to ensure | 7 |
| beyond a reasonable doubt that the individual has the | 8 |
| identity claimed. | 9 |
| (2) "Reliable identification documents" means at least | 10 |
| one current document issued by a federal or state | 11 |
| government agency bearing the photographic image of the | 12 |
| individual's face and signature and a physical description | 13 |
| of the individual; provided that a properly stamped | 14 |
| passport without a physical description is acceptable.
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| (Source: P.A. 84-322.)
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| Section 99. Effective date. This Act takes effect July 1, | 17 |
| 2006.".
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